HSCG32-13-R-R00008_Solicitation.pdf

United States Coast Guard U.S. Department of Homeland Security Research & Development Center (RDC) 1 Chelsea Street New London, CT 06320-5506

16 July 2013

Solicitation Request for Proposal

HSCG32-13-R-R00008

Nationwide Automatic Identification System

(NAIS) Support

Proposal due date: 15 August 13

Contracting Officer: Ms. Brenda M. Burke

(860) 271-2872 brenda.m.burke@uscg.mil

Contract Specialist: Mr. Richard J. Pecoraro

(860) 271-2837 richard.j.pecoraro@uscg.mil

Table of Contents Solicitation

Section A – Solicitation SF 33

Section B – Supplies or Services and Prices/Costs

Section C - Description/Specifications/Statement of Work

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

Section G – Contract Administration Data

Section H - Special Contract Requirements

Section I - Contract Clauses

Section J – List of Attachments

Section K – Representations, Certifications, and Other Statements of Offerors or Respondents

Section L – Instructions, Conditions, and Notices to Offerors or Respondents

Section M - Evaluation Factors for Award

Solicitation Attachments

Attachment 1 – Performance Work Statement (PWS)

Attachment A to the PWS - Data Deliverables

Attachment B to the PWS - Performance Requirements Summary (PRS)

Attachment C to the PWS - Quality Assurance Surveillance Plan (QASP)

Attachment 2 – Fixed-Price Labor Schedule

Attachment 3 – Labor Category Qualifications

Attachment 4- Sample CCOR Appointment Letter

Attachment 5 – Sample TOCOR Appointment Letter

Attachment 6 – DHS Non-Disclosure Agreement

Attachment 7 – Past Performance Questionnaire

Attachment 8 – Proposal Cover Sheet

Section A – Solicitation SF 33

Section B – Supplies or Services and Prices/Costs Continuation Sheet (OF 336)

Section C - Description/Specifications/Statement of Work

C-1 Scope of Work

Services shall be performed in accordance with a Performance Work Statement (PWS) that is included in each task order. A task order PWS details efforts that fall within the scope of this contract’s PWS, Attachment #1. The Performance Requirements Summary (PRS), included in this contract’s PWS, applies to all task orders issued under this contract.

C-2 Personnel Qualifications

(a) Qualifications. The Contractor shall provide personnel having the minimum levels of professional/technical experience and education as specified for each labor category in the Labor Category Qualifications, Attachment #3. Specialized experience shall have been obtained in the areas indicated by the labor qualifications and the PWS. In addition, key personnel are subject to the terms of the clauses in Section H entitled, Key Personnel Requirements and in Section I entitled, Key Personnel or Facilities (HSAR 3052.215-70).

(b) Workmanship. Unless otherwise specified in this contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law.

(End of Section C)

Section D - Packaging and Marking

D-1 F.o.b. Point

All items shall be shipped f.o.b. destination with all shipping and transportation costs prepaid.

D-2 Delivery of Data

(a) The Data Deliverables included in the PWS of this contract are representative of data likely to be required during performance. Place and time of delivery of data will be as specified on the Data Deliverables listing, supplied with each task order. The Data Deliverables furnished with the individual task orders shall control. Any change in the delivery of data will be made by a formal modification to the task order.

(b) All copies of data deliverable items under this contract, regardless of distribution, shall be marked on the report cover with the following information:

U.S. Coast Guard Research and Development Center Contract, Task Order, and Deliverable Numbers Report Title Date of Report Contractor Name (division which generated the report)

(c) Data furnished hereunder shall be adequately packaged to assure safe delivery at destination.

(d) Transmittal of classified information by mail shall be in accordance with the National Industrial Security Program Operating Manual (NISPOM) for Safeguarding Classified Information (DOD 5220.22-M).

(e) If the data deliverable is submitted by electronic mail, the contractor shall identify the deliverable in the subject line of the email message as follows:

Deliverable No., Deliverable Title, Contract No., Task Order No.

D-3 Preservation, Packaging, Packing, and Marking (Other than Data)

(a) Preservation, packaging, packing, and marking shall be in accordance with best commercial practices to meet the packing requirements of the carrier and to ensure safe delivery at destination. Additionally, the Contractor shall mark all deliverables with the following:

Contract Number Task Order Number Description of Item Mark For: ___________________________________________________

Name Telephone

(b) If applicable, deliverables containing software or other magnetic media shall be marked on the external package with a notice reading substantially as follows:

“CAUTION: SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO

HEAT OR MAGNETIC FIELDS.”

(c) When practical, one set of the unpacking instructions shall be placed in a heavy waterproof envelope prominently marked “UNPACKING INFORMATION” and firmly affixed to the outside of the deliverable in a protected location. If the unpacking instructions are too large to be affixed to the exterior of the deliverable, they shall be placed inside and directions for locating them provided in the envelope marked

“UNPACKING INFORMATION.”

(d) The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper, and similar hygroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

(End of Section D)

Section E - Inspection and Acceptance

E-1 FAR Clauses Incorporated by Reference

Clause Number

Clause Description

52.246-2 Inspection of Supplies - Fixed Price (AUG 96)

52.246-4 Inspection of Services - Fixed-Price (AUG 96)

52.246-16 Responsibility for Supplies (APR 84)

E-2 Government Review and Acceptance

(a) The Government will review and verify that all deliverables associated with a task order issued under this contract fulfill the requirements and standards stated in this contract and in the associated task order.

(b) Technical inspection and acceptance of all work, performance, reports, and other deliverables under this contract will be performed at the location specified in an individual task order. The task order will also designate the Contracting Officer's Representative (COR) responsible for inspection and acceptance, as well as the basis for acceptance. Task order deliverable items rejected shall be corrected in accordance with the applicable clauses.

(c) Unless otherwise stated in the individual task order, the Government will provide written notification of acceptance or rejection of all final deliverables within thirty (30) days. Absent written notification, final deliverables will be construed as accepted. All notifications of rejection will be accompanied by an explanation of the specific deficiencies causing the rejection.

(End of Section E)

Section F - Deliveries or Performance

F-1 FAR Clauses Incorporated by Reference

Number

Clause Description

52.242-15

Stop-Work Order (AUG 89) - Alternate I (APR 84)

52.242-17 Government Delay of Work (APR 84)

52.247-34

F.O.B. Destination. (NOV 91)

F-2 Performance Period

(a) The ordering period of this contract is five years from the effective date of contract award. (See Section I, FAR 52.216-18, Ordering). The Contractor shall not be required to make deliveries under this contract beyond six years from the effective date of contract award (See Section I, FAR 52.216-22, Indefinite Quantity).

(b) The period of performance and deliverables will be specified in each task order.

F-3 Deliveries

Delivery of supplies, services, written documents, etc. (including required formats and delivery locations) shall be in accordance with the task order requirements. All correspondence and reports related to each task order shall be delivered to the cognizant Contracting Officer and/or designated Contracting Officer’s Representative (COR) or as specified in the task order.

F-4 Place of Performance

Work shall be performed at the U.S. Coast Guard Research and Development Center, (RDC), 1 Chelsea Street, New London, CT.

(End of Section F)

Section G – Contract Administration Data

G-1 Contractual Authority and Communications

(a) The Contracting Officer is the only person authorized to approve changes to any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the contractual authority remains solely the Contracting Officer’s. In addition to the Contracting Officer identified below, individual task order Contracting Officers will be identified for each task order issued under this contract.

(b) In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract or any task order between the Contractor and any other person be effective or binding on the Government. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) Except as specified in paragraph (b) above, no order, statement, or conduct of any Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract. If, in the opinion of the Contractor, an effort outside the existing scope of this contract or any task order is requested, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor unless the Contracting Officer has issued a formal modification. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer for this contract or any task order issued hereunder, the change will be considered to have been made without authority and no cost adjustment will be made to this contract or any task order to cover an increase in charges incurred as a result thereof.

(d) The Government reserves the right to administratively transfer authority over this contract from the individual named below to another Contracting Officer at any time. A Contracting Officer will be assigned to each individual Task Order and will be named in the Task Order award document. A Contract Specialist may be assigned to an individual Task Order and if assigned will be named in the Task Order award document.

(e) The Contracting Officer for this contract is:

Name: [*]

Address: Contracting Office U.S. Coast Guard Research and Development Center 1 Chelsea Street New London, CT 06320-5506

Telephone: (860) 271-[*]

E-mail: [*]@uscg.mil

*To be filled in at time of award.

G-2 Coordinating Contracting Officer’s Representative (CCOR) Appointment

(a) Coordinating Contracting Officer’s Representative (CCOR). The Contracting Officer hereby appoints a CCOR for this contract. The CCOR is responsible for the specific functions identified in the CCOR Appointment Letter provided as Attachment # 4. The CCOR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease to the cost of this contract or otherwise affect any other contract terms. The following individual is appointed as the CCOR for this contract:

CCOR: [*]

Address: U.S. Coast Guard Research and Development Center 1 Chelsea Street New London, CT 06320-5506

Telephone: (860) 271-[*]

(b) Alternate CCOR. In the absence of the CCOR named above, all responsibilities and functions assigned to the CCOR will be the responsibility of the Alternate CCOR acting on behalf of the CCOR. The following individual is appointed as the Alternate CCOR.

Alternate CCOR: [*]

Address: U.S. Coast Guard Research and Development Center 1 Chelsea Street New London, CT

Telephone: (860) 271-[*]

(c) Task Order Contracting Officer’s Representative (TOCOR). The Contracting Officer will designate a TOCOR for each individual task order issued under this contract. The TOCOR will be named in the task order award document. This individual will perform the duties of the Contracting Officer’s Representative in connection with the technical oversight of the task order. The TOCOR will be the technical point of contact for that task order and will be responsible for the specific functions identified in the TOCOR Appointment Letter provided as Attachment # 5.

(d) The Contracting Officer is the only person authorized to approve changes to any of the requirements of this contract. Therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any other person be effective or binding on the Government. If, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor unless the Contracting Officer has issued a formal modification.

G-3 Ordering

(a) Supplies or services to be furnished under this contract shall be furnished at such times as ordered by the issuance of task orders on an Optional Form 347, Order for Supplies or Services, by a Contracting Officer of the U.S. Coast Guard Research and Development Center. All task orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of a conflict with any task order. When e-mailed/mailed, a task order will be “issued” for the purpose of this contract at the time the Government forwards the e-mail to the Contractor, deposits the order in the mail, or, if transmitted by other means, when physically delivered to the Contractor. Verbal award of task orders is authorized and will be confirmed by issuance of a written task order on Optional Form 347 within five working days.

(b) A Standard Form 30, Amendment of Solicitation/Modification of Contract, will be used to modify task orders.

(c) Each task order issued will include a Government estimated of the labor hours required by a Labor Category.

(d) Under no circumstances shall the Contractor start work prior to the issue date of the task order unless specifically authorized to do so by the Contracting Officer. Any work commenced prior to the date of authorization or task order issuance will be considered unauthorized and will not be subsequently ratified.

(e) Information. Each task order will include at least the following:

(1) Date of order.

(2) Contract and order number.

(3) For services, contract item number and description, quantity, and unit price.

(4) Delivery or performance schedule.

(5) Place of performance

(6) Accounting and Appropriation Data.

(7) Method of payment and payment office.

(8) A Performance Work Statement including data deliverables, product sheets, non-disclosure agreement as applicable.

(9) List of Government Furnished Property and the estimated value, if applicable

(10) DD Form 254 (Contract Security Classification Specification), if applicable

(f) Oral Orders. Oral task orders (or modifications to task orders) will be placed only as follows. The information described in paragraph (e) above will be furnished to the Contractor at the time of placing an oral task order and will be confirmed by issuance of a written task order on Optional Form 347 within five working days. Unilateral task orders cannot be issued orally.

(g) Unilateral Orders. Task orders under this contract will ordinarily be issued after both parties agree on all terms. If the parties fail to agree, the Contracting Officer may require the Contractor to perform and any disagreement will be deemed a dispute within the meaning of FAR 52.233-1, the Disputes clause, found in Section I.

(h) Cautionary Note. Nothing stated in a task order, in a quote, or in discussions thereto can modify the contract terms or regulations governing this contract.

G-4 Contractor Performance Assessment Rating System (CPARS)

(a) Pursuant to FAR 42.1502 and DHS FAR Class Deviation 11-03, this contract is subject to DoD's Contractor Performance Assessment Rating System (CPARS).

CPARS is an automated centralized information system accessible via the Internet that maintains reports of Contractor performance. CPARS is located at http://www.cpars.csd.disa.mil/cparsmain.htm. Further information on CPARS is available at this website.

(b) Under CPARS, the Government will conduct an evaluation of the Contractor's performance for each task order with a value exceeding $1 million. In addition, on an annual basis, the Government will conduct a performance evaluation on the base contract regarding task orders completed within the past year including the $1 million task orders. The Contractor has thirty (30) days after the Government's evaluation is completed to comment on the evaluation. The opportunity to review and comment is limited to this time period and will not be extended. The Contractor's failure to review and/or comment on the report during the allotted period will not prevent the Government from using the report.

(c) The CPARS system requires the Government to assign the Contractor a User ID and password in order to view and comment on the evaluation. The Contractor shall http://www.cpars.csd.disa.mil/cparsmain.htm provide the Name(s) of at least one individual (not more than three) that will be assigned as their Contractor Representative for CPARS

Name Phone E-mail Address

*Offeror shall fill in the above information.

G-5 Contractor’s Points of Contact

(a) The Contractor’s Senior Management Representative (SMR) shall have authority to manage affairs and assign resources. The SMR shall report to the company’s highest-level management. The SMR shall be the point of contact for the Contracting Officer or Coordinating Contracting Officer’s Representative when contract or task order issues occur that require the attention of a higher authority than the Program Manager. The SMR, point of contact for performance under this contract, is:

Name: [*] Title: [*] Address: [*] Telephone: [*] E-mail: [*]

(b) The Contractor’s Contracting Officer, point of contact for performance under this contract, is:

Name: [*] Title: [*] Address: [*] Telephone: [*] E-mail: [*]

* Offeror shall fill in the above information.

G-6 Payments under Fixed Price Task Orders

(a) Firm-fixed price task orders will be paid in accordance with FAR Clause 52.232-1, Payments.

(b) The Contractor shall submit invoices on an individual task order basis, not more frequently than biweekly. The lapse between performance and the submission of invoices shall not exceed 30 days. The submittal shall consist of an invoice prepared in accordance with FAR 52.232-25., Prompt Payment.

(c) Each invoice shall contain the following information;

Contract Number/Task Order Number Last Name of the Contract Specialist Invoice Routing Code assigned by the Coast Guard. The Coast Guard unique Invoice Routing Code (IRC) for this contract or task order is: CG-9128

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

FINCEN Website: http://www.fincen.uscg.mil/central_inv_contr.cfm Fax: (757) 523-6900 Mailed to:

Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way OPB-CGI/Contracts Chesapeake, VA 23326

(e) Supporting documentation along with a courtesy copy of the invoice shall be e-mailed to the Contract Specialist and/or COR at the addresses listed below:

[*] @uscg.mil (Contract Specialist)

[*] @uscg.mil (COR)

*To be filled in at time of award.

(f) Interim Invoices. In addition to the information required by FAR 52.232-25, Prompt Payment, incorporated by reference in Section I, an invoice must meet the following requirements:

(1) The invoice shall include current and cumulative charges.

(2) Invoices must clearly indicate the period of performance for which payment is requested.

(3) When the Contractor submits invoices on a monthly basis, the performance period covered by invoices shall be the same as or shall not exceed the performance period for the corresponding monthly progress reports submitted under the task order.

(g) Final Invoice. The Contractor shall submit a final invoice for each task order. The final invoice shall include DHS Form 700-2, Contractor’s Assignment of Refunds, Rebates, Credits, and Other Amounts, and DHS Form 700-3, Contractor’s Release.

G-7 Calendar Days

Unless otherwise specified in this contract and/or task order issued hereunder, all references to “days” are defined as “calendar” days.

(End of Section G)

Section H - Special Contract Requirements

H-1 Insurance Requirements

(a) The following types of insurance are required in accordance with FAR 52.228-5, Insurance – Work on a Government Installation, and shall be maintained in the minimum amounts shown:

(1) Comprehensive General Liability: $500,000 per occurrence for bodily injury.

No property damage general liability insurance is required.

(2) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage. Comprehensive form of policy is required.

(3) Standard Workmen's Compensation and Employer's Liability Insurance (or, where maritime employment is involved, Longshoremen's and Harbor Worker's Compensation Insurance) in the minimum amount of $100,000.

(b) Each policy of insurance shall contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor gives written notice of cancellation or change to the Contracting Officer at least thirty (30) days prior to the aforementioned actions. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Contracting Officer's prior approval.

H-2 Subcontracting Plan

The Contractor's Small Business and Small Disadvantaged Business Subcontracting Plan dated [*] number [*] is determined to be acceptable and is hereby incorporated by reference. In accordance with FAR 19.704(a)(10)(iii) and (iv), submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov, following the instructions in the eSRS.

* To be filled in at time of award.

H-3 Key Personnel Requirements

(a) Certain skilled experienced professional and/or technical personnel are essential for successful performance of the work required under this contract. These are defined as “key personnel” and are those persons identified below: * http://www.esrs.gov/

1. SENIOR SYSTEMS ANALYST [*]

2. SENIOR PROGRAMMER [*]

(b) The Contractor agrees that such key personnel shall not be removed from the contract effort, replaced, or added to the contract without a legitimate reason and without compliance with paragraphs (c) and (d) below.

(c) If any changes (substitutions or additions) to the list of authorized key personnel become necessary, the Contractor shall immediately notify the Contracting Officer and propose personnel having the qualifications specified for that labor category. See the clause in Section C entitled, Personnel Qualifications.

(d) Requests for changes hereunder shall be written and shall provide a detailed explanation of the circumstances necessitating the proposed change. Requests shall be submitted when the need is identified, and not when submitting a proposal for an individual task order. The Contracting Officer will evaluate such requests and promptly notify the Contractor in writing of the acceptability of the personnel being proposed. The request shall also contain, for each individual:

(1) The current actual hourly rate, with appropriate burden indicated separately;

(2) A completed resume in the same detail as the original proposal; and

(3) Any other information requested by the Contracting Officer in order to reach a decision.

(e) If the Contractor uses any personnel under key personnel categories in performing the effort who are not currently authorized, the Contractor shall bear total risk if any individual is subsequently found unacceptable by the Contracting Officer.

* To be filled in at time of award.

H-4 Government Furnished Property

(a) The Government will furnish to the Contractor for use in connection with this contract, Government property as follows:

(1) Government Furnished Equipment (GFE), Government Furnished Material

(GFM) and Government facilities made available for Contractor's use as identified in Attachment #[*] entitled, Government Property Made Available. The property identified in the attachment will be made available, free of expense to the Contractor in the quantities and at the times specified in the aforementioned attachment at the following location: [*].

(b) Only the identified items, in the quantity shown, will be furnished by the Government.

All other material required for the performance of this contract shall be furnished by the Contractor. Government property furnished under this contract is for use exclusively under this contract unless specified otherwise in writing by the Contracting Officer.

(c) All Government property furnished under this contract shall be returned to the U.S.

Coast Guard Research and Development Center, New London, CT at the completion of the contract unless otherwise specified. The Contractor shall immediately advise the Contracting Officer, in writing, of any property lost, damaged, or transferred out of the Contractor's possession.

* Specific GFE/GFM/Government facilities will be provided with individual task orders.

H-5 Control of Technical Data

(a) The Contractor shall distribute data items according to the distribution shown on the Data Deliverables, supplied with each task order. The Contractor shall not distribute, release, or show data items or other technical data to third parties except with the written permission of the Contracting Officer.

(b) All copies of data deliverable items under this contract, regardless of distribution, shall be marked on the report cover with the following information:

U.S. Coast Guard Research and Development Center Contract, Task Order, and Deliverable Numbers Report Title Date of Report Contractor Name (division which generated the report)

H-6 Technical Report Format

The most current U.S. Coast Guard Research and Development Center Report Format Guide shall be used in formatting all technical reports unless a different format is specified. When applicable, the most current version of U.S. Coast Guard Research and Development Center Report Format Guide shall be provided as task order Government Furnished Information (GFI).

H-7 Organizational Conflict of Interest

(a) Work under this contract may provide the Contractor with access to advance information about future Government procurements that is not generally available to the general public, other persons or firms. In addition, the work may involve the definition of requirements or the preparation of specifications for various systems, equipment, hardware, and/or software. In order to prevent a potential bias, unfair competitive advantage, or other potential conflicts of interest, the Contractor shall be subject to the following restrictions:

(1) The Contractor shall be excluded from competition for, or award of, any

Government contract for which, in the course of performance of this contract, the Contractor has received advance procurement information, which has not been made generally available to other persons or firms.

(2) The Contractor shall be excluded from competition for, or award of, any

Government contract for which the Contractor actually assists in the development of the request for proposal, cost estimate, specifications, or Performance Work Statement.

(3) The Contractor shall be excluded from competition for, or award of, any

Government contract, which calls for the evaluation of systems requirements, systems definitions, or other products developed by the Contractor under this contract.

(4) The Contractor shall be excluded from competition for, or award of, any

Government contract which calls for the construction or fabrication of any system, equipment, hardware, and/or software for which the Contractor participated in the development of requirements or definitions pursuant to this contract.

(b) This clause shall not exclude the Contractor from performing work under any modification to this contract or, from competing for award for any future contract for work which is the same or similar to work performed under this contract.

(c) The term “Contractor,” as used in this clause includes any person, firm or corporation which has a majority or controlling interest in the Contractor or in any parent- corporation thereof, and any person, firm or corporation in or as to which the Contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. The term also includes the corporate officers of the Contractor, and those of any corporation (or any parent or subsidiary corporation thereof), which has a majority or controlling interest in the Contractor.

(d) The Government may, in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government.

(e) The exclusions contained in this clause shall apply for the duration of each task order and for one year after completion and acceptance of all work performed hereunder.

(f) If any provision of this clause excludes the Contractor from competition for, or award of, any contract, the Contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract.

(g) This clause shall be incorporated into any subcontracts awarded under this contract unless the Contracting Officer determines otherwise.

H-8 Non-Disclosure Agreement

During the course of performing work under individual task orders issued under this contract:

(a) Contractor/subcontractor/individuals with a legitimate Need-to-Know may be given access to Sensitive but Unclassified (SBU) information. Within the “sensitive but unclassified” arena, in addition to the various categories of information specifically described and protected by statute or regulation, e.g., Tax Return Information, Privacy Act Information, Sensitive Security Information (SSI), Critical Infrastructure Information (CII), Grand Jury Information, etc., there are numerous additional caveats used by various agencies to identify unclassified information as sensitive, e.g., For Official Use Only; Law Enforcement Sensitive; Official Use Only; Limited Official Use; etc.

Regardless of the caveat used to identify it, information is designated as sensitive to control and access restricted when the release could cause harm to a person’s privacy or welfare, adversely impact economic or industrial institutions, or compromise programs or operations essential to the safeguarding of our national interests.

Therefore, Government and/or commercial proprietary data, trade secrets, procurement sensitive information and/or commercially protected/proprietary information are also “sensitive but unclassified”. As identified in the task order Request for Proposal, a fully executed DHS Non-Disclosure Agreement (DHS Form 11000-6 (08-04)), Attachment #6 shall be completed by each individual proposed to perform work under the identified task order.

(b) The Contractor must agree not to divulge, publish or reveal by word, conduct, or any other means, such information or knowledge that is gained while performing work under task orders issued under this contract unless directed in writing by the Contracting Officer or the Contracting Officer’s Representative. Unauthorized disclosure of such information to anyone could result in a personal and/or organizational conflict of interest. The Contractor must agree to use SBU information to include proprietary and/or procurement sensitive information only in the performance of work requirements necessary to carry out their duties and agrees to take suitable precautions to safeguard and prevent the disclosure of such information to any party, other than those individuals performing work under the identified task order. Any violation or potential violation of the Agreement shall be reported promptly to the Contractor Program Manager and the Task Order Contracting Officer. Upon termination of the identified task order, all data and information will be surrendered to the Contractor Program Manager and removed from all information systems. Upon termination of the task order or employment with the Contractor, individuals must agree to safeguard and prevent the disclosure of SBU information to include proprietary and/or procurement sensitive information to any party.

H-9 Contractor Representations and Certifications

The representations and certifications completed by the Contractor on the System for Award Management (SAM) website, effective on the date of contract award and valid from [*] to [*] is hereby incorporated into this contract by reference.

H-10 Contractor Acquired Property

Contractor Acquired Property is described as property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title. In the event the Contractor is required to acquire property in the performance of this contract, compliance with the procedures of FAR Part 45 is required.

H-11 Disposition of Government Property

Thirty (30) days prior to the end of the task order period of performance, or upon termination of this contract, the Contractor shall furnish to the Task Order Contracting Officer a complete inventory of all Government Property in their possession under this contract that has not been tested to destruction, completely expended in performance, or incorporated and made a part of a deliverable end item. Contractors must justify retaining Government property not needed for contract performance and declare property as excess when no longer needed for contract performance.

H-12 Contractor Use of Government Vehicle

(a) The Contractor shall use Government provided Interagency Fleet Management System (IFMS) vehicles in support of individual task orders awarded under this contract only when it is determined by the task order Contracting Officer’s Representative (COR) that use of these vehicles is the most effective way to provide transportation (cost and otherwise). The Contractor shall use these vehicles in accordance with FAR 51.2.

(b) Prior to using Government provided IFMS vehicles, the Contractor must provide evidence that the driver has the required training/qualification/license to operate the vehicle and that the Contractor has motor vehicle insurance covering bodily injury and property damage that protects the Contractor and the Government against claims arising from the ownership, maintenance and/or use of IFMS vehicles. The limits of the motor vehicle insurance shall be of the amount required under the auto insurance laws/regulations mandated by the State of Connecticut (as updated).

(c) The Contractor must provide written documentation that they will assume without right of reimbursement from the Government the cost, expense and claims due to any use of IFMS vehicles and services not related to the performance of this contract in accordance with FAR 51.202(5).

(d) The Contractor/operator of the IFMS vehicles shall be familiar with and comply with the operator's packet furnished/available with each IFMS vehicle prior to using the vehicle.

(e) In addition, the Contractor is banned against text messaging or talking on cells phones that are not "hands free" while driving IFMS vehicles. This includes driving privately owned vehicles (POVs) or rented vehicles while performing any work for or on behalf of the Government.

H-13 Common Access Cards (CAC) for Contractors: Contractor Verification System (CVS)

(a) "Contractor employee" means an employee of a firm, or an individual, under contract or subcontract to the Coast Guard to provide services and who requires physical and or logical access to information systems and/or facilities.

(b) Homeland Security Presidential Directive (HSPD)-12 mandates a Federal standard for secure and reliable forms of identification for Federal employees and contractor employees. The Common Access Card (CAC) is a personal identification card for the Department of Defense/Uniformed Services and complies with HSPD-12.

The Coast Guard has instituted the CAC as its HSPD-12 compliant personal identification card for contractor and subcontractor employees who are required to access a Coast Guard, Department of Defense (DOD), or other federally-controlled computer information system and/or facility, or need public key infrastructure (PKI) authentication to perform their contractual duties. The Contractor Verification System (CVS) is the automated application process for obtaining a CAC.

(c) Contractor and subcontractor employees working pursuant to this contract who are required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform their contractual duties shall use CVS to obtain a CAC.

(d) The Contracting Officer’s Representative (COR) shall serve as the CVS Trusted Agent and is responsible for creating contractor accounts in the CVS;

approving, returning, or rejecting CAC applications (as applicable); re-verifying assigned contractors every six months; revoking contractor and employee eligibility for a CAC;

and confiscating a CAC when the contract expires or when a contractor or subcontractor employee stops working under the contract.

(e) Current standards require a favorable fingerprint check and verification of an initiated or completed investigation for all incoming Coast Guard contractor personnel before CAC issuance. The COR shall ensure that contractor personnel satisfy the security requirements for CAC issuance, and that completed fingerprint cards and electronic questionnaires for investigation processing are submitted to the U.S. Coast Guard Security Center (SECCEN).

(f) The COR or Contracting Officer 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 COR or Contracting Officer. 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.

(g) Contractor or subcontractor employees who are declined a CAC via the CVS are ineligible to perform work under this contract. When an employee with a CAC is no longer performing work under this contract, the employee must return the CAC to the COR or Contracting Officer on the same day the employee stops working.

(h) The contractor shall insert this clause in all subcontracts when a subcontractor’s employee is required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform contractual duties.

H-14 Certification Requirements of FAR Clause 52.222-50 Combating Trafficking in Persons

The Contractor is required to comply with the notification requirements in Paragraphs

(c) and (d) of the subject FAR Clause and shall notify the Contracting Officer that they have complied with all requirements of the Clause. Documentation of Contractor implementation of this clause must be provided in writing to the Contracting Officer. For Indefinite-Delivery Indefinite-Quantity type contracts, the notification shall be at the Task Order level.

(End of Section H)

Section I - Contract Clauses

I-1 Clauses Incorporated by Reference

Number

Clause Title

52.202-1 Definitions (JAN 12) 52.203-3 Gratuities (APR 84) 52.203-5 Covenant Against Contingent Fees (APR 84) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 06) 52.203-7 Anti-Kickback Procedure (OCT 10)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 97)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 97)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(OCT10)

52.203-13 Contractor Code of Business Ethics and Conduct (APR 10) 52.203-14 Display of Hotline Poster(s) (DEC 07) 52.203-16 Preventing Personal Conflicts of Interest (DEC 11)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 11)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 11)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

(JAN 13)

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 10)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 12)

52.210-1 Market Research (APR 11) 52.215-2 Audit and Records - Negotiation (OCT 10) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 97) 52.219-8 Utilization of Small Business Concerns (JAN 11) 52.219-9 Small Business Subcontracting Plan (JAN 11) ALT II (OCT 01) 52.219-28 Post Award Small Business Program Representation (APR 12) 52.222-3 Convict Labor (JUN 03) 52.222-17 Non-displacement of Qualified Workers (JAN 13) 52.222-21 Prohibition of Segregated Facilities (FEB 99) 52.222-26 Equal Opportunity (MAR 07) 52.222-35 Equal Opportunity for Veterans (SEP 10)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 10) 52.222-37 Employment Reports on Veterans (SEP 10)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 10)

52.222-50 Combating Trafficking in Persons (FEB 09) 52.222-54 Employment Eligibility Verification (JUL12) 52.233-3 Protest after Award (AUG 96) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 11) 52.223-6 Drug-Free Workplace (MAY 01)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 11)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 08) 52.227-1 Authorization and Consent (DEC 07)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 07)

52.227-14 Rights in Data—General (DEC 07) (ALT IV) (DEC 07) 52.228-5 Insurance - Work on a Government Installation (JAN 97) 52.229-3 Federal, States, and Local Taxes (FEB 13) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 02) 52.232-17 Interest (OCT 10) 52.232-23 Assignment of Claims (JAN 86) 52.232-25 Prompt Payment (OCT 08)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 03)

52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) (AUG 12)

52.233-3 Protest After Award (AUG 96) 52.233-1 Disputes (JUL 02) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 04)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 84)

52.237-3 Continuity of Services (JAN 91) 52.242-13 Bankruptcy (JUL 95) 52.243-1 Changes - Fixed Price (Aug 87) Alternate I (APR 84) 52.244-6 Subcontracts for Commercial Items (DEC 10) 52.245-1 Government Property (APR12) Alt 1 (APR 12) 52.245-9 Use and Charges (APR 12) 52.246-25 Limitation of Liability – Services (FEB 97) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 12)

52.249-8 Default (Fixed-Price Supply and Service) (APR 84) 52.253-1 Computer Generated Forms (JAN 91) 3052.205-70 Advertisements, Publicizing Awards, and Releases (SEP 12) 3052.215-70 Key Personnel or Facilities (DEC 03) 3052.219-70 Small Business Subcontracting Plan Reporting (JUN 06) 3052.219-71 DHS Mentor-Protégé Program (JUN 06) 3052.223-90 Accident and Fire Reporting (DEC 03) 3052.228-70 Insurance (DEC03) 3052.247-72 F.O.B. Destination Only (Dec 03)

I-2 FAR Clauses Incorporated by Full Text

52.216-18 Ordering (OCT 95)

(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 [*] through [*] [insert dates].

(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.

* To be filled in upon contract award

(End of Clause)

52.216-19 Order Limitations (OCT 95)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 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 $2,000,000.00

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

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within seven days after issuance, with written notice stating the Contractor’s intent not to provide the service or item called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (OCT 95)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six years from the effective date of contract award.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 11)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and (ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual reference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.\

❏ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the…