Amendment_4_-_RFP_HSCG23-16-R-PFP021.pdf

(x)

HSCG23-16-R-PFP021

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20593-7828

STOP 7828

2703 MARTIN LUTHER KING JR AVE SE

USCG HEADQUARTERS (CG-9121)

08/24/2016000004

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/24/2016

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

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

This fourth amendment provides responses to questions received for the Question and Answer

(Q&A) period, which ended on 21 SEP 2016.

As a result of the responses to the questions, amendments with track changes were made to the following attachments:

RFP HSCG23-16-R-PFP021

Attachment A Performance Work Statement (PWS)

Attachment D Pricing Spreadsheet

Attachment E Task Order #1 (HSCG23-16-R-PFP022)

Attachment F Task Order #2 (HSCG23-16-R-PFP023)

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

NATHAN K. DOLEZAL

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSCG23-16-R-PFP021/000004

Attachment G Task Order #3 (HSCG23-16-R-PFP024) Attachment H Task Order #4 (HSCG23-16-R-PFP025)

Some of the significant changes contained in this amendment include:

1. Eliminating the Project Manager position from PWS Section C-3.3 and amending all attachments subsequently impacted.

2. Establishing sub-Contract Line Items (CLINs) for Regional Program Coordinator (RPC) travel and amending all attachments subsequently impacted.

3. Adding Contract Line Items (CLINs) for Contractor provided vehicles for Task Order #3 (HSCG23-16-R-PFP024) CLINs: 00006BB, 10006BB, 20006BB, 30006BB, and 40006BB.

4. Cancel Contract Line Items (CLINs) for Contractor provided vehicles for Task Order #4 (HSCG23-16-R-PFP025) CLINs: 00005B, 10005B, 20005B, 30005B, and 40005B

Please note that all vehicle CLINs are optional CLINs that will exercised solely at the Coast Guard's discretion.

Period of Performance: 04/01/2017 to 03/31/2022

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Request for Proposal (RFP) # HSCG23-16-R-PFP021 Issued 24 AUG 2016

Continuation of the Standard Form (SF) 1449

REQUEST FOR PROPOSAL (RFP)

TABLE OF CONTENTS

Section Description Page Numbers

Part I – The Schedule

A Solicitation / Contract Form

See attached

Standard Form

(SF) 1449

B Supplies or Services and Prices 6 to 7

C Description / Specifications /

Statement of Work

D Packaging and Marking 9

E Inspection and Acceptance 10

F Deliveries or Performance 11

G Contract Administration Data 12 to 14

H Special Contract Requirements 15 to 18

Part II – Contract Clauses

I Contract Clauses 19 to 35

Part III – List of Documents, Exhibits, and Other Attachments

J List of Attachments 36

Part IV – Representations and Instructions

K Representations, Certifications, and

Other Statements of Offerors

37 to 58

L Instructions, Conditions, and

Notices to Offerors

59 to 68

M Evaluation Factors for Award 69 to 73

Part I – The Schedule

Section B – Supplies or Services and Prices / Costs

B-1 General

The United States Coast Guard (USCG) will be centralizing and standardizing nineteen (19) current guard services contracts, which are currently supporting twenty-seven (27) installations throughout the U.S. The centralization and standardization will be achieved via migration of the 19 current contracts into one (1) Indefinite-Delivery, Indefinite-

Quantity (IDIQ) vehicle with up to two (2) IDIQ contract holders.

The work will be performed at USCG locations within the United States and U.S. territories within the USCG’s area of responsibility (AOR).

The guard services IDIQ will be a centrally managed and centrally executed contract. Only warranted USCG

Headquarters contracting officers will be able to issue task orders against the IDIQ.

B-2 Ordering Period

The term of the guard services IDIQ contract is a one (1) year base period with four (4) one-year option periods, for a total possible period of performance of five (5) years. This is not a multi-year contract as defined in FAR Part 17.103. For more details, see Section F, “Deliveries or Performance”.

B-3 Contract Line Item Number (CLIN) Structure

The five (5) IDIQ master CLINs are listed in the SF 1449. There is one IDIQ master CLIN for the base period and one

IDIQ master CLIN for each option period. All of the work at the task order level will be linked to the period-specific IDIQ master CLIN. For example, IDIQ CLIN # 10001 encompasses all work performed at the task order level during Option

Period # 1, so at the task order level, all Option Period # 1 CLINs are linked to the IDIQ master CLIN # 10001.

All pricing submitted at the IDIQ level will be incorporated into each successful offeror’s IDIQ contract as ceiling pricing.

All pricing on the task orders shall be at or below the IDIQ-ceiling rates.

The individual task order CLINs are listed in the respective task orders identified in RFP Section J, “List of

Attachments”.

B-4 Contract Type

The IDIQ itself and all task orders (TOs) issued underneath the IDIQ will be Firm-Fixed Price (FFP)

B-5 Ceiling of the IDIQ CLINs

The ceiling price of each of the five (5) master CLINs is the total price of all CLINs and sub-CLINs active during their respective periods of performance.

For example, the ceiling price for IDIQ CLIN 00001 is the total price of all base-period CLINs and all related base-period sub-CLINs. The ceiling price for IDIQ CLIN 10001 is the total price of all Option Period # 1 CLINs and all related

Option Period # 1 sub-CLINs.

B-6 Commercial Item Determination

This is a commercial item acquisition in accordance with Federal Acquisition Regulation (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-7 Ceiling Rates

The labor 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.

B-8 Discounts and Cost Reductions

USCG has a goal to acquire guard services and related supplies and services under this IDIQ vehicle at substantially lower prices than would be expected if awarded under the offeror’s commercial pricing or separately priced contracts (such as the General Services Administration’s (GSA’s) Federal Supply Schedules).

Additionally, due to the potential business volume associated with the guard services IDIQ vehicle, USCG will be seeking price discounts at the task order level lower than prices at the IDIQ level.

B-9 Minimum Guarantee and Maximum Contract Amount

The minimum guaranteed amount for this award is one (1) task order per IDIQ contract-holder. Orders beyond the minimum will be determined by Government needs and the results of fair opportunity competitions.

The Government has no obligation to issue task orders to the Contractor beyond the one (1) task order. The task order funding will be obligated at the time of task order award.

The combined maximum cumulative dollar amount that may potentially be awarded to all contractors is $200 million.

The maximum aggregate dollar value of all task orders awarded to all Contractors cannot exceed the contract ceiling. The combined ceiling ($200 million) is not being divided among the number of awardees nor is it being multiplied by the number of awardees.

(End of Section B)

Section C – Description/Specifications/Statement of Work C-1 General

Please see the attached IDIQ and Task Order PWSs listed in the RFP Section J, “List of Attachments”.

(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 Representative (TO COR) 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 data shall be prepared for shipment in accordance with best commercial practice and the language in section D-2.

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 Inspection and Acceptance

Pursuant to Technical Exhibit 7 (TE-7) of the PWS, inspection and acceptance of all contracted items will be performed by the COR against standards established in the Performance Requirements Summary (PRS), Section C-12 of the PWS and the Quality Assurance Surveillance Plan (QASP), PWS Section C-13. Final inspection and acceptance of all contracted items shall be made by the Contracting Officer (KO) in accordance with FAR 52.212-4 – Commercial Items

(May 2015).

(End of Section E)

Section F – Deliveries or Performance

F-1 Period of Performance

The IDIQ period of performance for this contract will be a one-year (1) base period plus four (4) one-year option periods. The period of performance begins on the date of IDIQ award.

The task order’s period of performance will be as noted in the task orders themselves.

F-2 Place of Performance

The places of performance are specified in the RFP Attachment A, the IDIQ PWS, in Enclosure (1).

(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 (KO) Authority

(a) A warranted Contracting Officer is the only person authorized to issue modifications to the task order, approve changes in any of the requirements, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this contract, the authority to modify the contract remains solely with the Contracting Officer. If the Contractor makes any contract changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract to cover any increases in charges that may result. The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing the proposed contract in accordance with its terms and conditions.

(b) The name and contact information of the Contracting Officer is listed below.

Nathan Dolezal

2703 Martin Luther King Jr. Avenue, SE, Stop 7828

Washington, DC 20593-7828

Phone: (202) 475-3706

Nate.Dolezal@uscg.mil

G-1.1.2 Contract Specialist (KS)

The name and contact information of the Contract Specialist is listed below.

CWO3 Joe Tallent

2703 Martin Luther King Jr. Avenue, SE, Stop 7828

Washington, DC 20593-7828

Phone: (202) 475-5539

Joe.B.Tallent@uscg.mil

G-1.1.2 Contracting Officer’s Representative (COR)

The COR supports the Contracting Officer in the general management of the contract. The COR for this contract is:

Breanna Palmer

2703 Martin Luther King Jr. Avenue, SE, Stop 7710

Washington, DC 20593-7710

Phone: (202) 475-3714

Breanna.Palmer@uscg.mil

The COR 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.

mailto:Nate.Dolezal@uscg.mil mailto:Joe.B.Tallent@uscg.mil mailto:Breanna.Palmer@uscg.mil

G-2 Contractor Personnel Roles and Responsibilities

G-2.1 Contract Administrator

(Provided at Time of Award)

G-3 Invoicing Procedures

The Data Universal Numbering System (DUNS) number is the primary identifier in the System for Award Management

(SAM) database. To facilitate payment, in addition to the requirements specified in FAR Clause 52.232-25, “Prompt

Payment,” ensure that the DUNS number appears on every invoice submitted to the U.S. Coast Guard.

The Contractors may submit monthly invoices. All invoices shall be submitted via one of the following methods (in descending order of preference):

1) Contractor Centralized Invoice web-based form (most preferred):

https://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2) Fax: (757-523-6900)

3) US Mail:

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

INVOICE CONTENT: Each invoice shall contain the following information:

(A) In addition to the requirements specified in FAR Clause 52.232-25, Prompt Payment, the contractor shall include the following data on each invoice:

(1) Contract or Task Order Number

(2) Name of the Contracting Officer

(3) Invoice Routing Code (IRC) provided in paragraph (b) below.

(4) Cumulative value of invoices submitted to date.

(5) Annotate on the invoice indicating that the contractor represents a Small Business for accelerated payment purposes.

(B) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is CG-9121

(C) To facilitate processing, all proper invoices and any supporting information submitted electronically using the

FINCEN web based invoice submission capability must be submitted as a single PDF formatted file no larger than 3MB.

(D) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contracting Officer and the Contracting Officer’s Representative.

(E) In accordance with the Prompt Payment Act for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.uscg.mil/secure/PH_menu.htm

You may also contact Customer Service via phone at (757) 523-6940.

(End of Section G) https://www.fincen.uscg.mil/secure/PH_menu.htm

Section H – Special Contract Requirements

H-1 Authorized Users

This IDIQ vehicle is available for use solely by warranted contracting officers at USCG Headquarters in Washington, D.C.

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 USCG 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-4 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-5 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 information, 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-6 Advertisements, Publicizing Awards, and News Releases

All press releases or announcements about any contract/task order award hereunder shall be approved by the contract/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 contract/task order 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-7 Supervision of Contractor’s Employees

Personal services TOs are not authorized under this contract. 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-8 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-9 Standards of Conduct at Government Installations

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) 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-10 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-11 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-12 Task Funding Restrictions

No unfunded Task Orders are allowed.

H-13 Meetings/Conferences

Pre-award meetings or conferences may be necessary to resolve problems and to facilitate understanding of the technical requirements of the contract or task orders. All costs associated with the attendance at pre-award meetings/conferences shall be incidental to the contract and not separately billed.

H-14 Key Personnel

Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer as soon as possible and when possible, at least fourteen (14) business days in advance and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the Contracting Officer. The Contractor shall not replace Key Contractor personnel without approval from the Contracting Officer.

The following Contractor personnel are designated as Key for this procurement: the Project Manager (PM) and the

Regional Program Coordinator (RPC) on each task order.

The Government may designate additional Contractor personnel as Key at the time of IDIQ award.

At contract award, the Contractor shall submit a List of Key Personnel and Qualifications per Technical Exhibit 7, “Deliverables”. The Contractor shall submit an Organizational Chart per Technical Exhibit 7 showing lines of authority of the Key Personnel for this contract. The chart shall include names of personnel and their position titles in the IDIQ or task order, respectively. At a minimum, the Contractor shall include the PM and the RPCs.

(End of Section H)

Part II – Contract Clauses

Section I – Contract Clauses

I-1 Clauses Incorporated By Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text may be accessed electronically at these Internet addresses:

1. FAR: https://www.acquisition.gov/far/index.html

2. HSAR: http://farsite.hill.af.mil/vfhsara.htm

FAR Clause No. Title and Date

FAR 52.202-1 Definitions (Nov 2013)

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-17

(DHS Deviation

Memo 14-01 SEP

2013)

Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Apr 2014)

FAR 52.204-2 Security Requirements (Aug 1996)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

FAR 52.228-5 Insurance—Work on a Government Installation. (Jan 1997)

FAR 52.232-1 Payments (Apr 1984)

FAR 52.232-18 Availability of Funds (Apr 1984)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

FAR 52.237-3 Continuity of Services (Jan 1991)

FAR 52.243-1 Changes – Fixed Price (ALT II – Apr 1984) (Aug 1987)

FAR 52.245-1 Government Property (ALT I – Apr 2012) (Apr 2012)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

FAR 52.251-2 Interagency Fleet Management System Vehicles and Related Services (Jan 1991)

HSAR Clause No. Title and Date

HSAR 3052.211-70 Index for Specifications (Dec 2003)

HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(Dec 2003)

HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003)

HSAR 3052.222-90 Local Hire (June 2006)

HSAR 3052.223-90 Accident and Fire Reporting (Dec 2003)

Formatted: Font: Italic https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/vfhsara.htm

I-2 FAR Clauses Incorporated in Full Text

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (Jun 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009).

_ X __ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ X _ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

_ X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__ X _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_ X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

_ X __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_ X __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

_ X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_ X __ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

__ X _ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ X _ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__ X _ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_ X __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ X _ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_ X __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_ X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

__ X _ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hyrdoflurocarbons (Jun

2016) (E.O. 13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514)

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__ X _ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-

77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ X _ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10

U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X_ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31

U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ X __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_ X __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_ X __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_ X __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ X _ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_ X __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) __ X __ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award of the IDIQ contract through the last day of the period of performance of the IDIQ contract.

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

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

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

(End of Clause)

FAR 52.216-19 – Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than

$5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $100,000,000.00;

(2) Any order for a combination of items in excess of $100,000,000.00; or

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-22 – Indefinite Quantity (Oct 1995)

(a)…