RFP(Draft) - TABSS - HSCG23-10-R-TABS00.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

JTMcclam Typewritten Text See Section B2

JTMcclam Typewritten Text 541611

JTMcclam Typewritten Text

JTMcclam Typewritten Text $7.0 Million

Section B – Supplies or Services and Prices / Costs

B-1 Product or Service Description

The overarching objective of this acquisition effort is to strategically source support services for the Department of Homeland Security (DHS) and the United States Coast Guard (USCG) via an Indefinite Delivery Indefinite Quantity (IDIQ) multiple award contract vehicle that is responsive to customer requirements. The resulting contracts will contain one or more of the following line items using the corresponding contract types:

Base or Option Item

Contract Line Item Number Description Contract

Type

Base (5 years) 0001 Program Management, Engineering and Technology Support Services Fixed Price

Base (5 years) 0002 Program Management, Engineering and Technology Support Services

Time and Materials –

Labor

Base (5 years) 0003 Program Management, Engineering and Technology Support Services

Time and Materials –

Material/ODC

Base (5 years) 0004 Travel See Section H, Clause H-4

Base (5 years) 1001 Business Management, Financial Management and Audit Support Services Fixed Price

Base (5 years) 1002 Business Management, Financial Management and Audit Support Services

Time and Materials –

Labor

Base (5 years) 1003 Business Management, Financial Management and Audit Support Services

Time and Materials –

Material/ODC

Base (5 years) 1004 Travel See Section H, Base (5 years) 2001 Contract Management Support Services Fixed Price

Base (5 years) 2002 Contract Management Support Services Time and

Materials – Labor

Base (5 years) 2003 Contract Management Support Services Time and

Materials – Material/ODC

Base (5 years) 2004 Travel See Section H, 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 in making decisions for the Government.

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-2 Competition

This acquisition incorporates both unrestricted and set aside Tracks. The Tracks under each respective requirements Domain are as follows:

Program Management, Engineering and Technology Support Services Domain

• Large Business Track – unrestricted competition

• Small Business Track – competition restricted to Small Business concerns under NAICS 541611

• Preferred 8(a) Track – competition restricted to firms certified as 8(a) by the Small Business

Administration

Business Management, Studies & Analysis, and Cost Support Services Domain

• Large Business Track – unrestricted competition

• Small Business Track – competition restricted to Small Business concerns under NAICS 541611

• Preferred SDV Track – competition restricted to firms certified as Service Disabled Veteran-Owned

Small Businesses (SDV) by the Small Business Administration

Contract Management and Administration Support Services Domain

• Preferred 8(a) Track – competition restricted to firms certified as 8(a) by the Small Business

Administration

B-3 Labor Rates

The Labor and Other Direct Cost (ODC) rates applicable to this contract (see Section J, Attachment 3) 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 award, the lower rates would be incorporated into the salient 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.

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 Indefinite Delivery-Indefinite Quantity (IDIQ) Multiple Award Contract vehicle for the Department of Homeland Security (DHS) to provide technical, acquisition, and business support services. The acquisition and resulting multiple award contracts will be collectively referred to as TABSS (Technical, Acquisition and Business Support Services).

This contract provides 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, and a myriad of other responsibilities.

The technical, acquisition and business support services to be acquired 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. These domains comprise the professional services necessary to support a wide-range of Departmental requirements, including those of DHS component organizations and more specifically, those required to meet the programmatic needs of the United States Coast Guard.

C-1.2 Scope

The Contractor shall provide the full range of technical, acquisition and business support services in one or more of the domains to meet the mission needs of DHS. As identified in individual Task Orders (TOs), the services provided under TABSS will support DHS on a world-wide basis. The Contractor shall furnish the necessary personnel, materials, equipment, facilities, travel, and other services required to satisfy the TO requirements. While the Statement of Work identifies three domains, the resulting contracts are intended to satisfy a full range of related requirements. The scope of each individual indefinite-delivery indefinite-quantity contract will be based upon the domain for which the Contractor submits a proposal, if selected for award.

The NAICS (North American Industry Classification System) Code applicable to this acquisition is 541611 – Administrative Management and General Management Consulting Services.

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 related services. The program management services shall provide support for operations, planning, and other activities that encompass program management. The engineering and technology support services shall provide support for 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:

o Acquisition plans support o Alternatives analyses support o C4ISR engineering support o Change Control plans support o Communications & Public Affairs support o Configuration Management support o Contingency Planning support o Engineering services, to include Process and Safety Engineering o Enterprise Architecture and program planning support o External coordination support o FOIA Support o Information System (IS) development, Information Assurance (IA) and Information Technology (IT) support o In-service engineering, fleet introduction, installation and checkout support o International programs support o Interoperability support o Life cycle cost estimating support o Logistics support, to include training o Modeling and Simulation support o Organizational assessment o Program management, planning and integration support o Program tracking and recommendations o Project team facilitation & participation o Quality assurance/management support o Research and Development support o Reliability, Maintainability, and Availability (RM&A) support o Risk management support o Software engineering, development, programming and network support o Statements of Work (SOW), Statements of Objectives (SOO), and Performance Work Statements (PWS) support o Strategic planning support o Studies and Analyses related to Program Management, Engineering and Technical services o Support for audits related to programmatic, engineering and technical processes o Support for programmatic, engineering, technical and acquisition systems o Systems design documentation and technical data support o Systems Engineering support o Technology research & technical feasibility support o Test and evaluation, and trials support o Weapons certification support o Workforce management planning support o Workforce 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 related services. These services shall support the mission and requirements of the multiple DHS components. The business management, studies, and other business related support services shall provide support for operations, finances, analysis, and other business functions that support the successful accomplishment of DHS’ missions and requirements.

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

o Analytics / Web-based Reporting support o Budgeting and programming support o Business Intelligence support o Business Management support o Cost estimating and analysis support o Data Integration support o DHS project reporting support o Earned Value Management System (EVMS) support o Financial Management, execution, validation, and reporting support o Internal controls support o Metric Development support o Strategic, Operational and transactional metric support o Studies and Analyses related to Business, Financial Management and Audit services, to include Cost

Benefit Analyses o Support for audits related to business and financial management processes o Support for business and financial management systems

C-2.3 Contract Management Support Services (Domain 3)

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

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

o Contract administration support o Contract close-out support o Contract documentation support o Cost/pricing and cost/benefit analysis support o Data validation and tracking support o FOIA request support o Invoice processing assistance o Market research assistance o Participation in Integrated Solutions Teams, where applicable o Post-award conference support o Pre-solicitation support o Preparation and assembly of contract files o Preparation and submission of correspondence o Preparation and submission of updates to Contract status reports o Protest support o Record and file management o Studies and Analyses related to Contract Management o Support for contracting and acquisition systems o 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.

Specific requirements will be set out at after contract award and are subject to change. These requirements are, at a minimum, expected to include (1) contractor participation in semi-annual contract-level program reviews with the Government, (2) contractor submission of monthly contract-level status reports and (3) periodic data calls.

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 deliverables furnished by the Contractor and shall supervise the unpacking of deliverables to be installed.

D-2 Markings

All deliverables shall be submitted to the Task Order (TO) Contracting Officer and the Task Order 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) Government bill of lading number covering the shipment (if any); and

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

Specific marking requirements may be addressed in individual Task Orders.

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.

Section E – Inspection and Acceptance

E-1 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:

1. Date

2. Contract number

3. Task / Delivery Order number

4. Modification number

5. Contractor’s Name

6. Date items received or date of recurring payment due

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

8. All the requirements have been inspected, received and accepted and meet the terms and conditions of the contract except as noted below

9. List of the requirements that were not accepted and/or the deductions made and state the reason why

10. Total amount of deductions

11. Signature of authorized government representative

12. Title of authorized government representative, and

13. 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.

Clauses incorporated by Reference:

52.246-4 INSPECTION OF SERVICES - FIXED PRICE (Aug 1996) 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (May 2001) 52.247-34 F.o.b. Destination (Nov 1991)

Section F – Deliveries or Performance

F-1 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. Task Orders shall have individual periods of performance set forth in the task order. However, no task order period of performance shall exceed one year past the expiration of this contract.

F-2 Place of Performance

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

F-3 Delivery Information

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

F-4 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 Task Order Contracting Officer and the cognizant Task Order Contracting Officer’s Technical Representative. 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-5 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.

Section G – Contract Administration Data

G-1 Points of Contact

1) The Contracting Officer for this contract is:

Name: To Be Determined at the Time of Award Telephone Number: To Be Determined at the Time of Award E-mail address: To Be Determined at the Time of Award

2) The Task Order Contracting Officer will be specified on individual task orders.

3) The COTR for this contract is:

Name: To Be Determined at the Time of Award

4) The Alternate COTR for this contract is:

Name: To Be Determined at the Time of Award

5) The Task Order COTR(s) will be specified on individual task orders.

6) The Task and Delivery Order Ombudsman for this contract is:

Name: To Be Determined at the Time of Award

The Government reserves the right to change any Points of Contact at any time unilaterally.

G-2 Authorized Users

This Multiple Award Contract vehicle is available for the use by the Department of the Homeland Security and its Components.

G-3 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 Points of Contact 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-4 Contractor Central Registration

The contractor must be registered with the Central Contractor Registration in order to be eligible for award. The Contractor must maintain registration throughout the ordering period or latest end date of any task order. PAYMENT will not be made to the contractor if the Contractor’s registration lapses.

Section H – Special Contract Requirements

H-1 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 indefinite delivery indefinite quantity multiple award contract only, when a bilateral modification is submitted by the contracting officer to the contractor for signature/acceptance, the contractor has ten (10) business days to respond to the contracting officer. The contractor’s response may take the form of either signature/acceptance of the bilateral modification, or notice of non-acceptance/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 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 terms/conditions/changes.

H-2 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-3 Inherently Governmental Functions

Per FAR Part 7.5 and HSAM Chapter 3002.101, the 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, etc. 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 will be clearly identified as contractor personnel;

and

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

H-4 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 general administrative or profit shall be added to costs incurred for Travel. The Contractor may add overhead in accordance with the contract rates if so doing is in accordance with the Contractor’s financial disclosure statement. Travel shall not be undertaken or be reimbursable without prior approval of the Task Order

Contracting Officer or Task Order Contracting Officer’s technical representative (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 on each Task Order Travel CLIN, the Contractor shall notify the Task Order Contracting Officer, the Task Order COTR, and any other Government official identified by the Task Order Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the task order.

(b) The Government is not obligated to reimburse the Contractor for otherwise reimbursable travel in excess of the funding obligated for travel under each Task Order.

(c) The Contractor is not obligated to continue performance of any reimbursable work under a given Task Order or otherwise incur costs for reimbursable travel in excess of the funded amount stated in the task order unless the Task Order Contracting Officer notifies the Contractor in writing that the funded amount stated in the task order under the applicable Travel CLIN has been increased. In the event notification is made orally, such notification shall be followed up in writing within two working days.

(d) No notice, communication, or representation from any person other than the Task Order Contracting Officer shall affect the Government’s obligation to reimburse the Contractor for travel under a given Task Order.

(e) Changes to the contract or Task Order shall not be considered an authorization to exceed the funded amount stated in the task order under the Travel CLIN unless they contain a statement expressly increasing the funded amount of that Travel CLIN by a sufficient amount to cover the change order.

H-5 Disclosure of "FOR OFFICIAL USE ONLY" Information Safeguards

Any Government information made available or to which access is provided, and which is marked or should be marked "For Official Use Only" or “FOUO,” shall be used only for the purpose of carrying out the provisions of this contract or any Task Order issued hereunder and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract or Task Order. Disclosure to anyone other than an officer or employees of the Contractor or Subcontractor at any tier shall require prior written approval of the Task Order Contracting Officer.

Requests to make such disclosure should be addressed to the Task Order Contracting Officer.

H-6 Disclosure of Information

(a) Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S. Office of Personnel Management (OPM or the Government) determines disclosure is warranted by FOIA.

However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

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

(c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H-7 Advertisements, Publicizing Awards, and News Releases

All press releases or announcements about any contract award hereunder shall be approved by the Program Office and the Contracting Officer prior to release. All press releases or announcements about agency programs, projects, and Task Order awards shall be approved by the salient Task Order Program Office and the Task Order Contracting Officer prior to release. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Program Office and the Contracting Officer.

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

H-8 Supervision of Contractor’s Employees

The Government will not exercise any supervision or control over the Contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the Contractor, who in turn is responsible to the Government.

Personnel assigned to render services under this contract shall at all times be employees of the Contractor and under the direction and control of the Contractor. Notwithstanding any other provisions of this contract, the Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

During all times on Government premises, the Contractor's personnel shall comply with the rules and regulations governing conduct of personnel and operation of the Government facility.

H-9 Rolling Admission

The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional IDIQ holders. Periodically, the government will assess the quality of performance by each IDIQ holder, the number, value and complexity of work assigned to each holder and amount of competition achieved. In addition, the government will assess the internal transaction cost for issuing each task order, the amount of small business participation, whether revisions are needed to the scope of the IDIQ contract Statement of Work, if additional ordering offices need to be established, and if the ceiling amount of the contract needs to be revised.

Accordingly, if it is in the best interest of the Government, the Contracting Officer may announce a new competition to add additional IDIQ holders. The Government reserves the right to limit rolling admissions to particular domains or tracks. Additionally, the Government reserves the right to announce a new competition for Contractors, who currently hold IDIQ contracts, to expand into additional domains.

H-10 Savings Clause

A. Cumulative Volume Discount – Applicable to All Task Orders. The Contractor agrees to provide the Government with a cumulative volume discount. If the total value of all Task Orders funded within a calendar year falls within the ranges specified below, the Contractor shall credit the last invoice (of each task order) of the calendar year an amount in accordance with the percentages listed below. The Contractor shall track the total value of all TABSS task orders awarded to the Contractor per calendar year and report the total value to the TABSS Contracting Officer at the end of the calendar year.

Range Discount

$10,000,000 – $24,999,999 [TBD]*%

$25,500,000 – $49,999,999 [TBD]*%

> $50,000,000 [TBD]*%

B. Cost Reductions for Repetitive High-dollar Value Requirements. For high-dollar value task requirements involving repetitive tasks, (when identified in a task order solicitation) the Government is seeking contractors to identify business improvement processes, innovations and cost savings initiatives to provide high quality services while achieving a reduction in the cost to the Government. For task orders for repetitive high-dollar value requirements with a base period of one year, the contractor agrees to the maximum extent practicable to reduce the price for services performed under each subsequent year by at least:

% Reductions from base period (for Year 2) and price from previous year (for Years 3-5):

Year 2 [TBD]*% Year 3 [TBD]*% Year 4 [TBD]*% Year 5 [TBD]*%

D. In the event both of the aforementioned discounts are applicable to a given task order, both of the discounts shall apply.

[*These values are to be provided by the Contractor in its proposal – see Section J, Attachment 3]

H-11 Employment of US Government Personnel Restricted

In performing this contract, the Contractor shall not use as a consultant or employ (on either a full or part time basis) any current U.S. Government personnel (civilian or military) without the prior written approval of the Contracting Officer.

Such approval may be given only in circumstances where it is clear that no laws and no DHS or U.S. Government instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result.

H-12 ADDITION OR SUBSTITUTION OF PERSONNEL

(a) A requirement of this contract is to maintain stability of personnel proposed in order to provide quality services.

The contractor agrees to assign only those key personnel (as designated in individual task orders) whose resumes were submitted in connection with the applicable Task Order solicitation, and who are necessary to fulfill the requirements of the Task Order effort. The contractor agrees to assign to any effort requiring non-key personnel only personnel who are qualified, as determined by the Task Order Contracting Officer, for the applicable labor category. No substitution or addition of personnel shall be made except in accordance with this clause.

(b) If personnel for whatever reason become unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or are expected to devote substantially less effort to the work than indicated in the proposal, the contractor shall propose a substitution to such personnel, in accordance with paragraph (d) below.

(c) The contractor agrees that, unless otherwise stated in the applicable Task Order, during the first six months of the applicable Task Order, no key personnel substitutions or additions will be made unless necessitated by compelling reasons including, but not limited to: an individual’s illness, death, termination of employment, declining an offer of employment (for those individuals proposed as contingent hires), or family friendly leave. In such an event, the contractor must promptly provide the information required by paragraph (d) below to the Task Order Contracting Officer for approval prior to the substitution or addition of key personnel.

(d) All proposed key personnel substitutions shall be submitted, in writing, to the Task Order Contracting Officer at least fifteen days (thirty days if a security clearance must be obtained) prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, information regarding the full financial impact of the change, and any other information required by the Task Order Contracting Officer to approve or disapprove the proposed substitution. All proposed key personnel substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced.

(e) The Task Order Contracting Officer shall evaluate requests for key personnel substitution and addition of key personnel and promptly notify the contractor, in writing, of whether the request is approved or disapproved.

(f) If the Task Order Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable to perform under the contract is not reasonably forthcoming or that the resultant reduction of productive effort would impair the successful completion of the contract or the task order, the Task Order may be terminated by the Task Order Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Task Order Contracting Officer’s discretion, if the Task Order Contracting Officer finds the contractor to be at fault for the condition, the Task Order Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the contractor’s action.

(g) All personnel performing under this contract shall meet or exceed the following minimum qualifications:

Labor Category Minimum Qualifications*

[*These minimum qualifications will be based on the position descriptions provided by the Contractor in its proposal – see Section L-7]

H-13 Interrelationships of Contractors

(a) The Government has entered into other contractual relationships in order to provide technical support services in the conduct of studies, analyses and engineering activities separate from the work to be performed under this contract, yet having links and interfaces to them. Further, the Government may extend these existing relationships or enter into new relationships. The Contractor may be required to coordinate with such other Contractor(s) through the Task Order COTR in providing suitable, non-conflicting technical interfaces and in avoidance of duplication of effort. By suitable tasking, such other Contractor(s) may be requested to assist the Government in the technical review of the Contractor’s technical efforts. Information on reports provided under this SOW may, at the discretion of the Government, be provided to such other Contractor(s) for the purpose of such review.

(b) A Non-Disclosure Agreement (NDA), DHS Form 11000-6, (Attachment 8, Non-Disclosure Agreement), shall be signed by all Contractor employees assigned to perform services under a TO prior to any work commencing on the TO.

H-14 Observance of Legal Holidays and Excused Absence

(a) The Government hereby provides notification that Government personnel observe the listed days as holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King's Birthday (7) Columbus Day

(3) President’s Day (8) Veterans' Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

(b) In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) When the Federal and governmental entities grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Task Order Contracting Officer or the Task Order COTR.

(e) If Government personnel are furloughed, the Contractor shall contact the Task Order Contracting Officer or the Task Order COTR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station) shall continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel that are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort.

(f) In those situations that furloughed Government personnel are reimbursed, the Contractor may not invoice for their employees working during the Government furlough until such time as the special legislation affecting Government personnel is signed into law by the President of the United States.

(g) Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

H-15 Employee Identification

During the period of this contract, the rights of ingress and egress to and from any office for Contractor’s personnel shall be made available as deemed necessary by the Government. All Contractor employees, whose duties under this contract require their presence at any Government facility, shall be clearly identifiable by a distinctive badge furnished by the Government. In addition, corporate identification badges shall be worn on the outer garment at all times. Obtaining the corporate identification badge is the sole responsibility of the Contractor. All prescribed information shall immediately be delivered to the appropriate Government Security Office for cancellation or disposition upon the termination of employment of any Contractor personnel. All on-site Contractor personnel shall abide by security regulations applicable to that site.

H-16 Additional Employee Identification Requirements Applicable to USCG Task Orders

Contractor employees visiting Government facilities shall wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

H-16.1 Contractor employees working on-site at Government facilities shall wear an identification badge. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display the identification badge in plain view above the waist at all times.

H-16.2 For all Contractors working for the USCG, the Contractor shall utilize the Department of Defense (DoD) Contractor Verification System (CVS) to apply for a Common Access Card (CAC) for their employees that require access to a USCG or other federally controlled computer information system. The Contractor shall submit a list of employees to the Contracting Officer’s Technical Representative (COTR) for the CVS.

H-16.3 Contractor and subcontractor employees required to access a USCG, DOD, or other federally controlled computer information system and/or facility, or need Public Key Infrastructure authentication to perform their contractual duties shall use CVS to obtain a CAC. The Contractor shall provide such forms to or request such information from Contractor employees that may be necessary for obtaining a CAC via the CVS. Completed forms and information shall be submitted as directed by the COTR. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.

H-16.4 Contractor or subcontractor employees who are declined a CAC via the CVS are ineligible to perform work that requires a CAC under this contract. When an employee with a CAC is no longer performing work under this contract, the Contractor shall notify the COTR on the same day the employee stops working and shall deliver the CAC to the COTR within seven (7) calendar days after such notification.

H-16.5 Coast Guard Headquarters (CGHQ) utilizes a standardized entry protocol called the RAPIDGateTM Program for all vendors, suppliers and Contractors requiring routine access to CGHQ Transpoint and Jemal Riverside buildings to perform unclassified work. To participate, in the RAPIDGate Program, the Contractor must contact Eid Passport at 877-RAPIDGATE (877-727-4342) and provide a CGHQ sponsor point of contact (must include: name, phone number, and e-mail address). Final authorization to participate in the program will be granted by Coast Guard Headquarters Support Command Security and Safety Office. The Contractor shall submit a list of employees to RAPIDGate and shall be responsible for all associated fees (initial and renewal) required to participate in the RAPIDGate Program. The Government shall not reimburse the Contractor for said fees.

H-17 Employee Conduct

The Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or any Department of Homeland Security component.

H-18 Removing Employees for Misconduct or Security Reasons.

The Government may at its sole discretion, direct the Contractor to remove any Contractor employee from Department of Homeland Security facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any task order awarded. The Task Order Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

H-19 Unauthorized Work

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

H-20 Task Funding Restrictions

No unfunded Task Orders are allowed.

H-21 Contracting Officer’s Authority

Contract Level: The Contracting Officer identified in Section G has the overall responsibility for this contract. The Contract-Level Contracting Officer, 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.

Task Order Level: Only warranted DHS…