16RH00004.RFP.pdf

RFP HSCG38-16-R-H00004 Terms and Conditions AE2100D2/D3 Engine Support

Part III

FAR 52.212-4 – Contract Terms and Conditions—Commercial Items (May 2015) is tailored as follows:

(a) Inspection/Acceptance.

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The

Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price adjustment or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

The Contractor shall establish an inspection system/process IAW OEM procedures for all components. The

Government reserves the right to review the Contractor operation and/or facilities at any time throughout the duration of the contract.

For each part, module, component, engine and/or other material deliverable provided against this contract, Contractor shall provide a Certificate of Conformance (Attachment 10), a FAA Form 8130-3 or EASA Form 1, Airworthiness Approval Tag 52.212.4, and DD-250 or equivalent. Final acceptance will be accomplished by

USCG personnel at destination.

Inspection and acceptance of field maintenance and field repair will be accomplished at the field site by USCG personnel utilizing standard aviation maintenance practices.

The contractor shall record the date the engine or engine components are received at the depot repair facility. The contractor shall advise the USCG in writing about shipping damages, (including but not limited to missing parts and potential damage due to loose packing) within twenty-four (24) hours of receipt.

Immediately upon receipt of repairable items, the Contractor shall provide notification to the Contracting Officer, in writing, of the following:

Date of receipt of repairable item(s);

Confirmation of serial number(s) of item(s) received; and

Applicable delivery order number.

Notification via facsimile (FAX No. 252-334-5490) or e-mail is acceptable. Email address to be made available on contract award.

Engines and engine components shall be inspected by Contractor in accordance with the latest version of the publications in Attachment 8.

Addenda

A.1.0 The EFH contract line item numbers (CLINS) in the Schedule shall include the cost for all Contractor sustainment efforts outlined in the Performance Work Statement (PWS) except USCG product/engineering changes (Section 8.0 f the PWS), optional service bulletins (Section 9.2 of the PWS) and exclusions (Section 14 of the PWS). Quick Engine Change Assembly (QECA) overhaul, Field Service Representative (FSR) support, Program Management and Engineering Support are separately priced. In addition to the aforementioned CLINs, firm-fixed composite hourly labor rates, inclusive of all overhead, General and Administrative (G&A) and profit shall be submitted for the purposes of pricing Product/Engineering Changes (Section 8.0), Optional Service

Bulletins (Section 9.2) and Exclusions (Section 14).

A.1.2 The Government anticipates the issuance of task orders for the EFH effort based on the estimated total EFH specified in Attachment 6, Programmed Annual Flight Hours Projections.

A.1.3 The Government intends to establish a guaranteed minimum of not less than 1% of the total annual engine flight hours for the HC-130J and only for the base period, subject to negotiation between the parties.

A.1.4 The Government intends to establish a guaranteed minimum of not less than 1% of the total annual engine flight hours for the HC-130J or not more than $10,000, whichever is less, payable only for the base period.

The maximum value for this requirement will be no greater than 125% of the total engine flight hours for the HC-

130J and HC-27J aircraft only. Ceiling price established prior to award.

A.1.5 In order to fully support this requirement, the contractor shall possess and maintain possession of an

OEM license and unrestricted access to all pertinent OEM Commercial Maintenance Manuals (CMM), OEM replacement parts and OEM engineering expertise for the life of the contract. The contractor shall also possess and maintain access to OEM updates to Commercial Maintenance Manuals as they occur.

A.2.0 Contracting Officer’s Representative (COR).

The COR is responsible for technical administration of the contract and is the technical liaison with the

Contractor. The COR is not authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions.

A.2.1 The COR for this contract will be physically located at the USCG Aviation Logistics Center (ALC) and as necessary, at other locations at the discretion of the Government.

A.2.1.2 The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Technical administration of this contract shall not be construed to authorize revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the

Contracting Officer.

A.2.1.3 An Alternate COR (ACOR) may also be appointed to this contract. In the absence of the primary

COR, all responsibilities and functions assigned to the COR shall be the responsibility of the ACOR.

A.2.1.4 The COR and ACOR, if required, will be appointed at time of contract award.

A.3.0 Engineering Technical Data

A.3.1 Technical Performance

Information provided under this section will not be disclosed outside of the USCG without prior written authorization from the party that provided the data.

A.3.2 Intellectual Property

All intellectual property in technical data provided by the contractor shall remain at all times vested in contractor.

Nothing in this agreement confers rights of ownership to the USCG and dissemination shall be controlled under limited and restricted rights.

A.3.3 Notification

The contractor shall immediately notify the COR upon identification of any quality issue, failure, or situation that could possibly affect the airworthiness of USCG aircraft. This information shall be provided to the USCG in accordance with the FAA approved Contractor safety/notification process.

A.3.4 Limited Access

USCG personnel shall be provided limited access to OEM technical performance information. Technical performance information includes information pertaining to flight safety, equipment reliability and delivery performance. Responses to USCG inquiries by USCG technical personnel shall be provided within 48 hours of the inquiry. Access will be provided to review manufacturer and other suppliers’ quality assurance and engineering documentation as required supporting flight safety investigations. Non deliverable technical data shall be made available for viewing (but not copied or reproduced) by the COR and engineering personnel at the contractor’s facility when necessary for the review of engine performance deficiencies and to insure flight safety.

Release of the contractor’s technical data must be authorized by the contractor.

A.3.5 Technical Data

A.3.5.1 The following paragraph does not reduce in any way the Government’s rights that are ensured by

FAR clause 52.227-14. The USCG will utilize OEM publications as required to maintain Government equipment. Publications may be reproduced and distributed within the Government only, and only for the purposes of this agreement. The USCG shall delete or in any way obliterate any copyrights, confidential or proprietary designators or labels as may be contained in or on such material. Maintenance manuals shall be commercially formatted in accordance with ATA-100 guidelines.

A.3.5.2 Updates driven by safety concerns shall be completed and delivered within five working days after release with an additional copy delivered to the USCG.

A.3.5.3 Within thirty (30) calendar days after award, the contractor shall provide the USCG three (3) sets of

OEM technical manuals and updates as applicable for the AE 2100D2/D3 engines. Subsequent updates are due not later than (NLT) 30 calendar days after the publication date through the life of the contract. These manuals shall include the Operations Manual, Illustrated Parts Catalog, Maintenance Manual, Service Bulletins/Service

Letters, and Notice to Operators. The USCG will retain their manual sets for use as reference material in reviewing Contractor released bulletins and directives.

A.3.5.4 Within thirty (30) calendar days after award, the contractor shall provide the USCG three (3) copies of OEM Commercial Parts Catalogs as applicable for the AE2100D2/D3 engines. Submittal of updates is required within thirty (30) calendar days of the publication dates as the catalogs are published by the OEM.

A.4.0. Travel Policy

Performance under this contract may require travel by Contractor personnel. If travel, domestic or international, is required, the Contractor is responsible for making all necessary arrangements for its personnel. The

Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in the performance of this contract IAW FAR 31.205-46. All costs incurred for lodging, meals and incidental expenses required for tasks assigned under this contract shall be considered reasonable and allowable only to the extent they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel. These rates can be found at http://www.gsa.portal/content/104877.

A.4.1 The Contractor shall be responsible for obtaining written approval from the COR, using the travel request form found at Attachment 11 prior to the start of any required travel, unless otherwise directed by the

Contracting Officer. The COR will inform the Contractor of any requirements pertaining to the trip (i.e., air or rental car, number of rental cars authorized, travel dates, etc.). Costs for travel completed without prior COR or

Contracting Officer approval or travel that differs from what was originally authorized by the COR or Contracting

Officer will not be reimbursed. Travel required for attendance of mandatory Program Management Reviews

(PMRs) is not reimbursable.

A.4.1.2 Relocation Costs

Relocation costs will be reimbursed by the USCG if a contractor employee is required by the USCG to permanently relocate to a second site after reporting to work with the USCG. If an FSR is replaced at Contractor discretion, relocation costs for the replacement FSR will not be reimbursed by the USCG.

A.5.0 Removal or Replacement of Key Personnel

A.5.1 Removing Contractor Key Personnel for Misconduct/Non-Performance/Security

The Government may, at its discretion, direct the Contractor to remove any Contractor employee from

Department of Homeland Security (DHS) facilities for misconduct, non-performance, or security reasons.

Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Contractor with a written explanation to support any direction to remove an employee.

A.5.1.1 The Government has the right to request removal or replacement of Contractor personnel for any other reason not stated herein, provided that the Contracting Officer has given written notice to the Contractor a minimum of thirty (30) calendar days prior to the effective date, unless the removal is for violation of a policy or regulation that makes immediate removal necessary.

A.5.2 Replacement of Key Personnel

The Contractor shall be permitted a break in services rendered for a period of not to exceed fourteen (14) calendar days, whether the requirement for removal or replacement of personnel is at the request of the Government or the

Contractor. It is recognized that when replacements, transfers, and reassignments of Contractor personnel are made for the convenience of the Contractor, all costs incurred will be at Contractor’s expense. Replacements, transfers, and reassignments of Contractor personnel are deemed to be at the convenience of the Contractor when:

Replacement of Contractor personnel is required because of voluntary or involuntary termination of employment with the Contractor.

Contractor personnel are incapacitated due to injury or illness for a period in excess of thirty (30) days, or the death of Contractor personnel.

Replacement or transfer of Contractor personnel is initiated at the request of the Contractor.

Replacement or transfer of Contractor personnel is required due to termination of the contract for default.

http://www.gsa.portal/content/104877

A.5.2.1 The Contractor shall submit resumes for replacement key personnel whenever a change in personnel occurs, in order to verify the replacement meets the requirements specified at Section 12 of the PWS (Attachment

1). The Contracting Officer and COR will review all resumes and the Contracting Officer will provide notice to the Contractor as to whether or not a resume is considered to meet the required qualifications. If the Government determines a resume does not meet the required qualifications, the Contractor shall provide a replacement resume with fourteen (14) days.

A.5.3 Evaluation of Requirements upon Removal of Key Personnel

In the event that personnel are removed by either the Government or the Contractor, the USCG will evaluate the position and make a determination on whether or not the need still exists for that position. In the event that the

USCG decides not to replace the position, the USCG will inform the Contractor in writing. If there is a need to fill the position at a later date, the Contractor will be notified and the procedures for replacement of personnel will be applicable. In the event the position is not required by the USCG, a deductive modification will be issued.

A.5.4 Proposal of Contractor Employees Previously Removed

Contractor shall request approval from the Contracting Officer, in writing, prior to proposing an employee for on-site performance under this contract, any potential Contractor employee that has previously been removed from any Government Contract at the direction or request of the Contracting agency. The request shall include an explanation for the previous removal(s), Contractor's plan to mitigate risk of future removal (if approved), unique experience/qualifications of proposed employee, and demonstration of benefit to the Government for granting approval.

A.5.5 Contractor Work Space

The Government will provide suitable office space and furniture and reasonable access to telephone high-speed computer line and facsimile transmission service for the technical representative at no cost to Contractor provided:

The technical representative uses the computer line, telephone, and facsimile long distance services for bona fide business only.

The office space and office furniture used by the technical representative shall sustain only damages attributed to normal wear and tear.

Should the office space and/or office furniture used by the technical representative exceed the damage limited deemed attributed to normal wear and tear, the contractor shall reimburse the Government for replacement costs of the office furniture and/or repair of the office space. The COR will make the determination of damages annually and submit a report to the Contracting Officer if, and when, damages to Government-furnished facilities by the technical representative exceed the limits defined as "attributed to normal wear and tear" above.

A.6.0 Local Regulations, Instructions and Directives

A.6.1 Contractor Compliance

Contractor personnel shall comply with all local base regulations, instructions, directives, orders and special procedures as promulgated by the Commanding Officer, USCG Base Support Unit (BSU) (and all tenant commands), Elizabeth City, NC or the field unit to which they are traveling.

A.6.2 Vehicle Registration

The Contractor shall ensure all Contractor-provided vehicles used in performance of this contract and Contractor employees’ vehicles to be driven on the installation, to include motorcycles, are registered IAW the current

USCG BSU instructions.

A.6.3 Parking and Traffic Control

The Contractor and its employees shall abide by installation parking regulations. The term “Contractor” includes subcontractors. All vehicles shall be parked in designated parking areas only. The Contractor and its employees shall conform to state and federal driving regulations and any applicable USCG regulations.

A.6.4 Tobacco Policy

The USCG prohibits the use of smoking tobacco and smokeless tobacco in the workplace to protect the health of all its workers. The workplace includes any area inside or outside of a building or facility over which the USCG has custody and control where work is performed by active duty personnel, civilian employees, or personnel under contract to the USCG. The use of tobacco is prohibited in all USCG Government vehicles (including

Cushman type), in all USCG aircraft, floating unit, or any other aircraft contracted for use in the USCG. The use of tobacco products (smoking and smokeless) is permitted only in designated areas as defined in USCG ALC

Instruction 6280.1 (series). Contractors may only use tobacco products in designated smoking areas during authorized break and lunch periods and are accountable for appropriately discarding their smoking material and/or spit tobacco. Tobacco spit and residue shall be held in containers with sealing lids to prevent odor and accidental spills and disposed of in a sanitary manner which prevents public exposure. Employees caught violating the tobacco policy may be subject to immediate removal A.6.2.

A.7.0 Address of Contractor Correspondence

A.7.1 All correspondence, except as otherwise specified, shall be directed to the following address:

USCG Aviation Logistics Center (ALC)

Attn: Contracting Officer

Long Range Surveillance Product Line (HC-130J)

1060 Consolidated Road

Elizabeth City, NC 27909-5001

Attn: Contracting Officer

Medium Range Surveillance Product Line (HC-27J)

1060 Consolidated Road

A.7.2 Address For Tech Publications

The Technical Publications listed as deliverable in Attachment 8 shall be mailed (priority) to:

Receiving Section, Bldg. 63

MARK FOR: EISD TECH PUBS

A.8.0 Post-Award Conference

The contractor shall attend a post award conference within two (2) weeks of contract award at ALC. Date and time to be determined after contract award.

A.9.0 Invoicing Instructions

Invoices shall be submitted electronically to the following address via

ALC-Fiscal@uscg.mil.

Chief, Fiscal

USCG ALC

Elizabeth City, NC 27909-5001

Order Number ___________________________________

(To be assigned at award)

A.10.0 Non-Exercise of Option and/or Contract Completion

A.10.1 Non-Exercise of Option/Contract Completion

If the Coast Guard declines to exercise the option to continue subject support, disposition of any Government-owned components or materials shall be negotiated between the parties.

Rest of page intentionally left blank mailto:ALC-Fiscal@uscg.mil

CONTRACT CLAUSES

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/these address(es): https://acquisition.gov/far.

(End of clause)

FAR 52.203-14 Display of Hotline Poster(s) (Oct 2015)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014) (DHS-USCG Deviation 14-01)

FAR 52.204-2 Security Requirements (Aug 1996), Alternate II (Apr 1984)

FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011)

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

FAR 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

FAR 52.227-14 Rights in General (May 2014), Alternate IV (Dec 2007)

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

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

FAR 52.242-15 Stop-Work Order (Aug 1989)

FAR 52.245-1 Government Property (Apr 2012)

FAR 52.246-16 Responsibility for Supplies (Apr 1984)

FAR 52.247-34 F.O.B. Destination (Nov 1991) https://acquisition.gov/far

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

(Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions

3052.216-70, Evaluation of Offers Subject to An Economic Price Adjustment Clause

3052.219-72, Evaluation of Prime Contract Participation in the DHS Mentor Protégé Program

(b) Clauses

3052.203-70, Instructions for Contractor Disclosure of Violations

3052.205-70, Advertisement, Publicizing Awards, and Releases

3052.215-70, Key Personnel or Facilities

3052.219-70, Small Business Subcontracting Plan Reporting

3052.219-71, DHS Mentor Protégé Program

3052.228-70, Insurance

3052.242-72, Contracting Officer’s Technical Representative

3052.247-72, F.O.B. Destination Only

(End of Clause)

CONTRACT CLAUSES IN FULL TEXT

FAR 52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Source Selection Authority (SSA), Deputy Head of the

Contracting Activity, and shall not be binding until so approved.

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

http://uscode.house.gov/

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

FAR 52.216-18 Ordering (Oct 1995)

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

(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.

FAR 52.216-19 Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) EFH, 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 125% of the estimated CLIN quantities;

(2) Any order for a combination of items in excess of 125% of the estimated CLIN quantities; or

(3) A series of orders from the same ordering office within 5 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

10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified 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 twelve (12) months following contract expiration.

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 thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (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 ten (10) years.

https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if there were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement if for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefit

Engineering Technician $80,481/per year

Aircraft Mechanic (WG-10) $22.12/Hr

FAR 52.222-49 Service Contract Labor Standards – Place of Performance Unknown (May 2014)

(a) This contract is subject to the Service Contract Labor Standards Statutes, and the place of performance was unknown when the solicitation was issued. In addition to the places or area identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: None. The

Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by TBD prior to release of the RFP.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond TBD prior to award.

The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond TBD prior to award, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

HSAR 3052.204-70 Security Requirements for Unclassified Information Technology Resources (Jun

2006)

(a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected to a

DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency’s mission.

(b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract.

(1) Within 45 days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror's proposal. The plan, as approved by the

Contracting Officer, shall be incorporated into the contract as a compliance document.

(2) The Contractor’s IT Security Plan shall comply with Federal laws that include, but are not limited to, the

Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the Government Information Security Reform Act of

2000; and the Federal Information Security Management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130.

(3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor’s site (including any information stored, processed, or transmitted using the

Contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) Examples of tasks that require security provisions include—

(1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor’s copy be corrupted; and

(2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as bypassing a firewall).

(d) At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced.

(e) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to

DHS for approval by the DHS Contracting Officer. Accreditation will proceed according to the criteria of the

DHS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any replacement publication, which the Contracting Officer will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation.

HSAR 3052.204-71 Contractor Employee Access (Sep 2012) with Alt. I (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.

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)

HSAR 3052.215-70 Key Personnel or Facilities (Dec 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the

Contracting Officer, in writing, before the change becomes effective.