PTC_Parts_Solicitation.doc

HSCG38-16-R-410002

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

Department of Homeland Security

United States Coast Guard (CG-91)

Ombudsman Program for Agency Protests

Email: OPAP@uscg.mil

Fax: 202-372-8447

Phone: 202-475-5786

More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp Mr. Gary S. Woolard

Contracting Officer

Gary.S.Woolard@uscg.mil, 252-384-7499

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG38-16-R-410002

6. SOLICITATION

ISSUE DATE

June 22, 2016

Ms. Sherri Peele

b. TELEPHONE NUMBER (no collect calls)

252-335-6768

8. OFFER DUE DATE/ LOCAL TIME

July 27, 2016 12:00pm EDT

9. ISSUED BY CODE Z50100

USCG, Aviation Logistics Center (ALC)

Attn: Ms. Sherri Peele

1664 Weeksville Rd., Bldg. 63, ALD

Elizabeth City, NC 27909

10. THIS ACQUISITION IS

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE % FOR:

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SMALL BUSINESS FORMCHECKBOX

ECONOMICALLY DISADVANTAGED

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HUBZONE SMALL BUSINESS WOMAN OWNED SMALL BUSINESS

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SERVICE DISABLED VETERAN- (EDWOSB)

OWNED SMALL BUSINESS FORMCHECKBOX

8 (a)

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WOMAN OWNED NAICS: 511210

SMALL BUSINESS (WOSB) SIZE STANDARD: 38.5M

ELIGIBLE UNDER WOSB PROGRAM

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

12. DISCOUNT

TERMS

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

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE ;Z50100

Commanding Officer, USCG, ALC

1664 Weeksville Road

Receiving Section, Bldg. 63

Elizabeth City, NC 27909

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE Z50100

Chief, Fiscal Branch

USCG, ALC

1664 Weeksville Rd.

Elizabeth City, NC 27909

Payment Status 252-335-6852

Email: ALC-Fiscal@uscg.mil

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This Request for Proposal is issued for supply chain management support using PTC Parts Software (Version 7.7 or later) in accordance with the attached Performance Work Statement and terms and conditions within this document. This will be a firm fixed price contract for a base year with four one year option periods (if exercised).

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 5.212-3 & 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 42.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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

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29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA – FAR (48 CFR) 53.212 19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

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COMPLETE

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PARTIAL

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FINAL

37. CHECK NUMBER

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PARTIAL FORMCHECKBOX

FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FROM 1449 (REV. 2/2012) BACK

CONTINUATION OF SF 1449 – BLOCKS 17B - 25

Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award the contractor must be registered in SAM http://www.sam.gov.

Block 18a: The invoice shall be sent to the following address with a copy to Sherri Peele via sherri.l.peele@uscg.mil and a copy to the COR monthly. The invoice shall be dated the same as the date submitted. The invoice shall identify the contract number, task order number (if applicable) and Contract Line Item Number (CLIN).

Invoices may be submitted electronically to ALC-Fiscal@uscg.mil or submitted via mail to:

Chief, Fiscal Branch

USCG, ALC

1664 Weeksville Road

Elizabeth City, NC 27909

Payment Status – 252-335-6852

Blocks 19 through 24: The following pages contain the Schedule of Supplies/Services. The period of performance is a base year with four one year option periods (if exercised). Each CLIN is required to have a unit and total price unless listed as not separately priced (NSP) or to be determined (TBD).

This Request for Proposal (RFP) is issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, and FAR Part 15, Contracting by Negotiation. There is a brand name Justification for Other Than Full and Open Competition associated with this requirement requiring the use of PTC Parts Software (Version 7.7 or later) for supply chain management customized for the USCG by PTC. For questions concerning this solicitation contact Ms. Sherri Peele, Contract Specialist at 252-335-6768 or via email at sherri.l.peele@uscg.mil. See Instructions to Offerors Addendum for additional information Page 41.

The contractor shall propose on the entire requirement utilizing a firm fixed monthly price.

Anticipated Award Date: This contract is expected to be awarded in October 2016 with an effective date of November 1, 2016.

Contractors Cage Code: _________________________

Contractors Duns Number: _______________________ Schedule of Supplies/Services Base Year – November 1, 2016 – October 31, 2017

UNIT TOTAL

CLIN

DESCRIPTION

QTY

UNIT

PRICE

PRICE

The contractor shall provide Supply Chain Management System (SCMS)

MO

analysis and support to the United States Coast Guard (USCG).

The tools used will be located on a commercially-owned IT platform using PTC Parts 7.7 or higher. All work shall be in accordance with the attached Performance Work Statement and the terms and conditions of this contract.

1st Option Year – November 1, 2017 – October 31, 2018

PRICE

PRICE

The contractor shall provide Supply Chain Management System (SCMS)

MO

2nd Option Year – November 1, 2018 – October 31, 2019

PRICE

PRICE

The contractor shall provide Supply Chain Management System (SCMS)

MO

using PTC Parts 776 or higher. All work shall be in accordance

3rd Option Year – November 1, 2019 – October 31, 2020

PRICE

PRICE

The contractor shall provide Supply Chain Management System (SCMS)

MO

4th Option Year – November 1, 2020 – October 31, 2021

PRICE

PRICE

The contractor shall provide Supply Chain Management System (SCMS)

MO

Total Base and four option years: $_______________________

Performance of Work Statement (PWS)

For

PTC Parts Software

Scope

The objective of this United States Coast Guard (USCG) Supply Chain Decision Support Solution is to provide a disciplined, robust, repeatable approach to Supply Chain Management decision-making, whereby the organization clearly understands its current supply chain health, can monitor progress of inventory management and predictive analysis, and identify pertinent Inventory Management actions (i.e., ordering, rightsizing of inventory, and cradle-to-grave item management) required to achieve the Aviation Logistics Center's (ALC) vision of providing Coast Guard customers with optimal parts availability within established cost and timeliness objectives. The requirements are for an existing server-based, Commercially Available Non-Development Item (CANDI) service, using a pre-defined software platform that describes optimal ordering quantities for selected parts within the Coast Guard Inventory and Logistics world of work. The software platform which will be used has been designated as PTC Parts Version 7.7 (or higher). The host system will be owned and operated by the contractor, and will interface with the existing Coast Guard Data Warehouse to gather raw inventory data, process historical demand data, and provide recommended buy levels and timing information for use by Coast Guard professionals. The service will include both consumable and repairable (rotable) parts (henceforth 'service parts'), and will be instrumental in maximizing Coast Guard part availability while reducing both inventory costs and depot Maintenance, Repair, and Overhaul (MRO) costs.

Background

The U.S. Coast Guard (USCG) Aviation Logistics Center (ALC) in Elizabeth City, NC serves as the Aviation Inventory Control Point (AICP) and Aircraft Depot Maintenance facility for the Coast Guard aviation fleet. Inventory management is performed by Item Managers supporting many aircraft, small boats, and cutters with a fleet of over 800 Coast Guard operational assets.

Item Managers determine order timing and quantity for all managed parts, as well as typical and atypical 'make-or-buy' decisions. They are involved in a large number of decisions on an ongoing basis that affect the entire supply chain and can have profound impact on supply chain performance, cost of inventory, and aircraft availability. Data available from the Asset Logistics Management Information System (ALMIS), in conjunction with existing supply chain management services, is used to determine order timing and order quantities based upon planned and unplanned maintenance actions, special projects, and variable external events (ie, catastrophic events which create increased demand on assets). ALMIS employs Open lngres™ database architecture and consists of several databases. Although ALMIS modules were created specifically to address federal government accounting standards in tracking inventory and depot Maintenance, Repair and Overhaul (MRO) costs and history, the current legacy system is transactional in nature and not well suited as a decision analysis suite. As such, they lack key functionality for supply chain optimization and demand forecasting.

In 2002, ALC invested in a SASTM Data Warehouse (DW) in order to better organize ALMIS financial and logistics information to support SCM analysis. The current DW has demand data, part cost data, stock position data, and supply order due-in data. In October of 2007, the USCG DW was expanded to support implementation of Servigistics Parts, an integrated Demand and Forecasting solution.

In 2008 Servigistics Parts, a Commercial off the Shelf (COTS) package, was implemented in conjunction with current ALC legacy systems. Servigistics Parts, now owned by PTC, is a hosted solution integrated with ALC's data warehouse providing two-way data exchange at least once per day, seven days a week. The solution is a Demand Forecasting tool (DFT) which provides ALC's inventory managers a single user interface in which they can perform the majority of their required daily and periodic tasks.

Requirements

The following objectives are required by the Supply Chain Management System (SCMS) service contractor.

· GENERAL. The vendor will be responsible for receiving Coast Guard spare parts data via Electronic Data Interchange (EDI), for loading into PTC Parts. The vendor will allow access to the processed data via Internet connection.

· INFRASTRUCTURE. The Demand Forecasting Tool (DFT) infrastructure will be owned, maintained and managed by the contractor (a single prime contractor) at a non-Government site. Vendor-provided client software agents are NOT permitted to be loaded onto USCG workstations.

· GOVERNMENT FURNISHED EQUIPMENT. The Government will not provide any hardware or server equipment. A quantity of two of the following Oracle licenses will be provided: 1) Oracle DB, 2) Oracle Web Logic, and 3) Oracle Windows Client.

· CONTRACTOR FURNISHED EQUIPMENT. The contractor will provide all servers, peripheral equipment, network equipment, memory, storage, software, and related components to provide a robust hosted system. The contractor will be responsible for all upgrades, technology refreshes, and maintenance of all hardware and software components.

· NETWORK INTERFACES. The contractor will be required to support AES 256 encryption for all interfaces with USCG gateways and the USCG Virtual Private Network (VPN) over the life of the contract.

· USERS. The DFT will be used by Government employees or designated contract personnel (henceforth, Item Managers) primarily located at USCG Logistic Centers. The DFT needs to be assessable via standard internet connectivity to all Coast Guard personnel. The system will provide the capability to support a base population of 25 unnamed concurrent users.

· DATA. The system will be required to manage 50,000 parts.

· SOFTWARE. The system will provide the capability to optimize Supply Chain Management (SCM) activities through the PTC Parts (version 7.7 or later) tool set. All upgrades and version changes will be approved by ALC prior to installation.

· DATA INTERCHANGE. The Hosted System will provide EDI with the Coast Guard’s Asset Logistics Management Information System (ALMIS). The contractor will gather data on a daily basis after 2:00 A.M. EST and before 6:00 AM EST, as directed by the Coast Guard. In addition, the contractor will provide processed Parts data back to ALMIS before 6:00 A.M. EST daily.

· GOVERNMENT FURNISHED DATA. Government Furnished Data will include supply chain data consisting of supply, inventory, part life limits and demand history data located in the ALMIS database. EDI between the USCG Data Warehouse (DW) and DFT will be accomplished with the supply chain data, formatted for processing by the PTC. In addition to the presentation on the hosted system, the processed data will be transmitted back to the ALC DW.

· HOSTING. The contractor will be responsible for all traditional elements of a hosted business solution and industry standard logistics support elements, to include Quality of Service (QoS), System Security Management (as defined in NIST 800-37), risk management services, Transport Layer integrity, Version Control, System Backup and Refresh activities, along with all other infrastructure services to ensure a level of robust support that will be defined in the Measures of Performance.

· COMPATABILITY. All applications will be compatible with the most current Coast Guard Standard Workstation software image (currently Windows 7 with planned migration to Windows 10). This requirement will include, but will not be limited to the Standard Coast Guard image using Microsoft suite infrastructure. The application will also need to be compatible with the Oracle E-Business suite as Coast Guard logistics migrates away from the legacy ALMIS to the new Coast Guard Logistics Information Management System (CG-LIMS). CG-LIMS is a Coast Guard configuration of the Oracle E-Business Suite.

· ACCESS. The applications suite will be accessible via a URL link located on the ALC/ALMIS portal from USCG workstations and will be accessible using Microsoft Internet Explorer Version 11 or greater. The Coast Guard will provide the technical work to provide the URL on the Coast Guard Portal. In addition, the system will be accessible via a secure internet link provided by the contractor.

· CUSTOMER SUPPORT. Support for the service shall be provided during the hours of 6:45 am – 4:15 pm, Monday-Friday. Support will include but not be limited to the following:

· Technical Issues regarding the EDI, QoS, and network interface

· Technical Issues regarding the Data Quality

· Technical Issues regarding PTC software

· Technical Issues regarding functionality of the software

DHS Enterprise Architecture Compliance

All solutions and services shall meet DHS and USCG Enterprise Architecture policies, standards, and procedures. Specifically, the contractor shall comply with the following Homeland Security

Enterprise Architecture (HLS EA) and Coast Guard Enterprise Architecture (CGEA) requirements:

· All developed solutions and requirements shall be compliant with the HLS EA and

· CGEA.

· All IT hardware or software shall be compliant with the HLS EA Technical Reference Model (TRM) Standards and Products Profile.

· Description information for all data assets, information exchanges and data standards whether adopted or developed shall be submitted to the DHS Enterprise Data Management Office (EDMO) for review and insertion into the DHS Data Reference Model and Enterprise Architecture Information Repository.

· In compliance with Office of Management and Budget (OMB) mandates, all network hardware shall be IPv6 compatible without modification, upgrade, or replacement.

· All Information Technology assets being developed, procured, or acquired shall be IPv6 capable.

Office of Accessible Systems & Technology (OAST)

Accessibility Requirements, Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

Section 508 Applicable EIT Accessibility Standards

36 CFR 1194.21 Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all

Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then 1194.21

Software standards also apply to fulfill functional performance criteria.

36 CFR 1194.23 Telecommunications Products, applies to all telecommunications products including end-user interfaces such as telephones and non end-user interfaces such as switches, circuits, etc. that are procured, developed or used by the Federal Government.

36 CFR 1194.24 Video and Multimedia Products, applies to all video and multimedia products that are procured or developed under this work statement. Any video or multimedia presentation shall also comply with the software standards (1194.21) when the presentation is through the use of a Web or Software application interface having user controls available.

36 CFR 1194.25 Self Contained, Closed Products, applies to all EIT products such as printers, copiers, fax machines, kiosks, etc. that are procured or developed under this work statement.

36 CFR 1194.31 Functional Performance Criteria applies to all EIT deliverables regardless of delivery method. All EIT deliverables shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 Information Documentation and Support applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required

1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using

TTY.

Section 508 Applicable Exceptions

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the

COR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this requirement when such products are available in the commercial marketplace or when such products are developed in response to a

Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by

FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

All tasks for testing of functional and/or technical requirements must include specific testing for Section 508 compliance, and must use DHS Office of Accessible Systems and Technology approved testing methods and tools. For information about approved testing methods and tools send an email to accessibility@dhs.gov."

Security

All hardware, software, and services provided must be compliant in accordance with 140-01

Information Technology Systems Security and the DHS Sensitive Systems Handbooks 4300A.

Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information

The assurance of the security of unclassified facilities, Information Technology (IT) resources, and sensitive information during the acquisition process and contract performance are essential to the DHS mission. DHS Management Directive (MD) 11042.1 Safeguarding Sensitive But

Unclassified (For Official Use Only) Information, describes how contractors must handle sensitive but unclassified information.

DHS MD 140.01 Information Technology Systems Security and the DHS Sensitive Systems

Handbook prescribe policies and procedures on security for IT resources. Contractors shall comply with these policies and procedures, any replacement publications, or any other current or future DHS policies and procedures covering contractors specifically those requiring access to DHS facilities, IT resources or sensitive information. Contractors shall not use or redistribute any DHS information processed, stored, or transmitted by the contractor except as specified in the contract.

Security Review

The Government may elect to conduct periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The contractor shall afford DHS, including the organization of the DHS Office of the Chief Information Officer, the Office of the

Inspector General, authorized Contracting Officer's Representative (COR), and other

Government oversight organizations, access to the contractor's facilities, installations, operations, documentation, databases and personnel used in the performance of this contract. The contractor will contact the DHS Chief Information Security Officer to coordinate and participate in the review and inspection activity of Government oversight organizations external to the DHS.

Access shall be provided to the extent necessary for the Government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of DHS data or the function of computer systems operated on behalf of DHS, and to preserve evidence of computer crime.

Interconnection Security Agreements

Interconnections between DHS and non-DHS IT systems shall be established only through controlled interfaces and via approved service providers. The controlled interfaces shall be accredited at the highest security level of information on the network. Connections with other

Federal agencies shall be documented based on interagency agreements; memoranda of understanding, service level agreements or interconnect service agreements. COMDTINST

5500.13 requires an ISA for all interconnections.

References

· National Institute of Standards and Technology (NIST) 800-37 and supporting documents (Revision I, June-2014).

· DHS MD 11042.l Safeguarding Sensitive but Unclassified Information (January-2005).

· Information DHS Form 11000-6 Sensitive but Unclassified Information Nondisclosure Agreement (August 2004).

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (May 2015)

ADDENDUM

FAR 52.252-2 Clauses Incorporated by Reference (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 of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/index.html.

FAR 52.203-3

Gratuities (April 1984)

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

FAR 204-4

Printed or Copied Double-sided on Recycled Paper (May 2011)

FAR 52.217-8

Option to Extend Services (Nov 1999)

60 days prior to contract expiration

FAR 52.232-40

Providing Accelerated Payment to Small Business Subcontractors (Dec

2013)

FAR 52.242-13

Bankruptcy (July 1995)

FAR 52.242-15

Stop Work Order (Aug 1989)

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012)(the clauses below are applicable) HSAR 3052.205-70 Advertisements, Publicizing Awards, and Releases (Sep 2012)

HSAR 3052.203-70

Instructions for Contractor Disclosure of Violations (Sep 2012)

HSAR 3052.219.70

Small Business Subcontracting Plan (June 2006)

HSAR 3052.219-71

DHS Mentor-Protégé Program (June 2006)

HSAR 3052-219-72

Evaluation of Prime Contractor Participation in the DHS Mentor-Protégé Program (June 2006)

HSAR 3052.242-72

Contracting Officer’s Technical Representative (Dec 2003)

FAR 52.204-1 Approval to Contract (Dec 1989)

This contract is subject to the written approval of the Deputy, Chief of the Contracting Office, Aviation Logistics Center, and shall not be binding until so approved.

(End of clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause) HSAR 3052.204-71 Contractor Employee Access (Sep 2012), Alt 1 (Sep 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer’s Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS.

(h) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

(j) Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and

(2) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

(End of clause) HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Provision) Quality

Quality Assurance Surveillance Plan (QASP)

The QASP found in Attachment 1 details the performance standards and acceptable quality levels (AQL) the contractor is required to meet. Failure to meet the performance standards/AQL will result in a disincentive to the contractor. The performance measurements are detailed in the QASP.

Inspection/Acceptance

Inspection and acceptance of services to be furnished hereunder shall be made at destination by the Contracting Officer Representative (COR) or a USCG representative in accordance with the Quality Assurance Surveillance Plan (QASP), Attachment 1.

Contracting Officer’s Authority

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change 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 price to cover any increase in cost incurred as a result thereof.

Contracting Officer’s Representative (COR)

a. The Contracting Officer hereby designates the following individual as the primary Contracting Officer’s Representative (COR) for this contract.

To be identified at contract award

b. In the absence of the primary COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the primary COR. The Contracting Officer hereby appoints the following individual as the alternate COR:

To be identified at contract award

c. The COR will act as the Contracting Officer’s representative for technical matters (only), providing technical direction and discussion as necessary with respect to the performance work statement, monitoring the progress and quality of the contractor performance.

The COR is not a Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, quality, place of performance, delivery schedule, personal services, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

d. It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person effective or binding on the Government. When/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 (under such direction) unless the Contracting Officer has issued a contractual change or otherwise resolved the issue.

Contract Period of Performance From the date of award through 12 months with four one year option periods (if exercised).

Delivery/Performance

Delivery/performance shall be in accordance with the Performance Work Statement.

Subcontracting Plan The proposed awardee shall submit a Small Business Subcontracting Plan in accordance with paragraph (c) of FAR Clause 52.219-9, Small Business Subcontracting Plan, the contractor shall submit a subcontracting plan and applicable goals to be incorporated into the contract prior to contract award. Subcontract reporting will be through eSRS located online at http://www.esrs.gov. When subcontracting possibilities do not exist the contractor shall submit a waiver request for review and approval.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 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) (Pub. L. 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.]

FORMCHECKBOX

(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).

FORMCHECKBOX

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

FORMCHECKBOX

(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).

FORMCHECKBOX

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards…