FINAL REVISED TEDDS RFP(1).doc

TEDSS RFP Document (Revised)

This Amendment Twenty One (21) incorporates the following revised documents and incorporates a new Attachment 8 – List of Questions/Answers and Attachment 9 – C3CEN Organizational Chart:

1) Revised RFP Document

2) Attachment 1 – Revised Performance Work Statement (PWS)

3) Attachment 2 – Revised Pricing Spreadsheet

4) Attachment 3 – Revised Rate Schedule

5) Attachment 6 – Revised DD Form 254

6) Attachment 8 – List of Questions/Answers

7) Attachment 9 – C3CEN Organizational Chart NOTE 3: The RFP closing date has been extended from 14 February 2011 to 28 February 2011.

Please note all changes to the revised documents are highlighted in yellow.

TEDSS RFP Document

FAR PART 12

SECTION A: SF1449: This solicitation contains no SF 1449. However, award shall be made on the SF 1449. The Contractor must submit a signed and dated offer to the office specified in this solicitation at or before the time specified in the solicitation as stated in FAR 52.212-1, Instructions to Offerors, Commercial Items. Accordingly, offers may be submitted on letterhead stationary or other documentation. However, minimal documentation must be included in the submission as cited in FAR 52.212-1, subparagraph (b).

SECTION B: Schedule of Supplies and Services

B.1 LABOR CATEGORIES, LABOR RATES , TRAVEL AND ODC CONTRACT LINE ITEMS:

The contract schedule consists of line items priced on an ID/IQ basis. The contractor shall provide all support services and ODCs necessary to perform Task Orders as required for C3CEN in accordance with the Performance Work Statement (PWS). Attachments 2 and 3 represent all anticipated CLINs (labor, Travel and ODCs). Offerors shall propose fully-burdened labor rates and discounts to fully-burdened labor rates [if offered]. Other Direct Costs (ODCs) and travel. costs will be incorporated into individual task orders that are issued under this contract.

Minimum Dollar Guarantee and Maximum Contract Limitation

The minimum guaranteed amount for this award is $50,000.00 throughout the period of performance of this contract. Orders beyond the minimum will be determined by user needs.

The Government has no obligation to issue task orders to the Contractor beyond the minimum guaranteed amount specified. Each base contract award will include an obligation of $50,000.00, which satisfies the minimum guarantee for the contract.

The estimated total program value is $250M. Estimated individual contract award amounts will be based upon the cumulative total value of labor, Travel and ODCs proposed. The combined maximum cumulative dollar amount that may potentially be awarded to one Contractor is $250 million. The maximum aggregate dollar value of all task orders awarded to the Contractor cannot exceed the contract ceiling. The Contractor is not entitled to a TO award, or any funds in excess of the minimum guarantee, which is satisfied by the base contract award.

B.2 PERFORMANCE WORK STATEMENT (PWS).

The Contractor shall perform work as discussed generally in Attachment 1 (IDIQ PWS), and detailed work performed under each Task Order (TO) issued.

This contract is being entered into pursuant to FAR 12 – Acquisition of Commercial Items/Services. The NAICS Code for this procurement is 541519 – Other Computer Related Services, Size Standard $25M.

B.3 PRICING

In pricing task orders, the Contractor shall provide estimated number of labor hours & labor categories, not-to-exceed travel, and ODCs if required.

B.4 CONTRACT TYPE AND ORDERING

B.4.A Contract Type

This is an Indefinite Delivery / Indefinite Quantity (ID/IQ) contract. The Contractor shall follow the procedures contained in Section C. using Attachments 2 and 3. Each Task Order Request for Proposal (RFP) shall be identified as a firm-fixed price task order.

B.3.B Fixed Price Task Orders

Each Fixed Price Task Order issued shall be based on the cumulative total of all estimated labor hours, labor categories, NTE Travel and Other Direct Costs (ODC) (if authorized by the government) which shall define the fixed price for the Task Order. Travel and ODC, if applicable, may be estimated for each Task Order. The payment schedule will be specified in each task order.

B.4.C CONTRACT IDIQ MINIMUM AND MAXIMUM VALUE

The minimum and maximum values of this ID/IQ contract are $50,000.00 and $250 million respectively.

B.5 ORDERING PERIOD:

The total ordering period for all task orders issued under this ID/IQ is 60 months from the date of contract award.

B.5.A Ordering Period One CLINS 0001-0003:

Ordering Period One Period of Performance is Date of Award through twelve (12) calendar months. Definitive dates will be established in the contract award document.

B.5.B Ordering Period Two CLINS 1001-1003:

Ordering Period Two Period of Performance is 12 months after Contract Award through 24 months after contract award.

B.5.C Ordering Period Three CLINS 2001-2003:

Ordering Period Three Period of Performance is 24 months after Contract Award through 36 months after contract award.

B.5.D Ordering Period Four CLINS 3001-3003:

Ordering Period Four Period of Performance is 36 months after Contract Award through 48 months after contract award.

B.5.E Ordering Period Five CLINS 4001-4003:

Ordering Period Five Period of Performance is 48 months after Contract Award through 60 months after contract award.

B.6 TASK ORDER COMPLETION:

All task orders issued under this ID/IQ contract must be completed within two (2) years after the expiration of contract or the specified task order period of performance.

B.7 PLACE OF PERFORMANCE

The performance location of each Task Order will be specified at the time that the Task Order is issued.

SECTION C: CONTRACT CLAUSES

C.1 FAR 52.212-4 Contract Terms and Conditions—Commercial Items (June 2010)

(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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31U.S.C.3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41U.S.C.601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or sub-line item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, “doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and

(B) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

C.2 Addendum to FAR Clause 52.252-2, Clauses Incorporated by Reference (FEB 1998)

C.2.1 Clauses Incorporated by Reference In addition to other parts of Section C, this contract incorporates one or more clauses, shown in the table below, by reference, with the same force and effect as if they were given in full text. The full text of a clause can be accessed electronically at: http://www.acqnet.gov/far.

NOTE: Paragraph (d), Insert “Sixty (60) months after the date of award of the Contract.”

OCT 1995

C.3 FAR 52.216-22 Indefinite Quantity (Oct 1995)

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.

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.”

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.

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 the period specified in the individual task orders.

C.4 FAR 52.219-17 Section 8(a) Award

C.4.1 FAR 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (June 2003) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

a. The Contractor is in conformance with the 8(a) support limitation set forth in its approved business plan; and

b. The Contractor is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

c. By submission of its offer, the Contractor represents that it meets all of the criteria set forth in paragraph (a) of this clause.

d. Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) Contractor selected through the evaluation criteria set forth in this solicitation.

e. (1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The __________________ (name of SBA’s contractor) will be inserted at the time of contract award) will notify the United States Coast Guard’s Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

C.5 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 date of award through 60 calendar months . (Dates will be established at the time of contract award)

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.

C.5.1 FAR 52.216-19 Ordering Limitations (Oct 1995)

a. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

b. Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of contract maximum ceiling;

(2) Any order for a combination of items in excess of contract maximum ceiling; or

(3) A series of orders from the same ordering office within 30 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 30 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.

C.6 FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the date the contract expires.

C.7 Task Order Process

This ID/IQ contract is not a mandatory use contract for the U.S. Coast Guard (USCG). It is anticipated that the Contractor’s services shall be obtained on an as-needed basis, through the issuance of Task Orders (TO). It is anticipated that up to four (4) awards will be made as a result of this solicitation. The anticipated date for award for these contracts from this solicitation is on or about 14 March 2011. Upon award of a Task Order, the Contractor shall perform the required services defined in the Performance Work Statement (PWS) within the United States, throughout the term of this contract. Issued task orders will identify the services required; provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace.

C.7.1 Task Order Request for Proposal (TORFP) Process

a. A Performance Work Statement (PWS) for a proposed task order will be submitted to the Contractor along with a request for a technical and cost/price proposal. The request will state the task order is to be Firm-Fixed Price . The due date will be set forth in each proposal request. If unable to perform a requirement, Contractors shall submit a “no bid” reply in response to the proposal request. All “no bids” shall include a brief statement to the Contracting Officer as to why the Contractor is unable to perform (i.e. conflict of interest; inability to bid; pending work, etc.) Technical and cost/price negotiations will be held, if necessary. The labor categories and loaded labor rates as listed in the Pricing Schedule shall be utilized by the Contractor when submitting proposals for task orders. The price for each task order shall be determined based on the estimated level of effort required to perform the work and either the rates set forth in the Pricing Schedule or the estimated costs.

b. If requested, technical proposals stating compliance or exception to requirements, risks, assumptions and conflict of interest issues will be provided. Responses will be streamlined and succinct to the extent practical based on the estimated dollar value and complexity of the work. Proposals shall not merely restate PWS requirements. As stated in the TORFP, technical proposals may address:

1. Technical/Management Approach including Program Management Plan, Past Performance, etc.;

2. Key Personnel Assigned;

3. Quantities/Hours of Personnel by Labor Categories;

4. Performance Metrics;

5. Period of Performance;

6. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI) and/or access to Government-Furnished software licenses;

7. Security (including clearance level);

8. Subcontractors and their roles (by Subcontractor); and

9. Other Pertinent Data

c. A written price/cost proposal, in Matrix format, shall always be required. This part of the proposal shall include detailed cost/price amounts of all resources required to accomplish the task (i.e. labor hours, travel and per diem and other direct costs (ODCs). This information is to be taken directly from Attachment 2, the Pricing Spreadsheet. The level of detail required shall be primarily based on the task order planned for use, as further discussed below. Bases of Estimates (BOE) may be needed for proposals.

1. Labor Categories and Rates: From Attachment 2 identify the labor categories by hours, travel, and ODC as required. In addition, a Summary Worksheet shall summarize by labor category the hours proposed.

2. Staffing Plan: Provide names of personnel who will be working on the task order; their labor category names, qualifications and educational requirements for this effort are outlined in Paragraph 5 in Attachment 1, PWS. The Contractor is required to propose appropriate labor categories in accordance with PWS Section 5 that will ensure the proposed effort is successfully accomplished. The staffing plan shall include subcontractors and identification of key personnel. Résumé for key personnel (i.e., the Program Manager), unless already on file, will be submitted with the contractor’s response to the TORFP for evaluation purposes. Letters of Intent for key or non-key personnel are to be submitted upon request or as stated in the TORFP.

3. Travel: Contractors shall not propose travel estimates. The Government will establish a NTE Travel estimate on individual task orders. Offerors shall submit proposed travel (if applicable) broken out into number of trips, number of travelers, and duration of trip (including transit time) for each destination. Travel shall be reimbursable in accordance with FAR 32.205-46.

4. Other Direct Cost: Contractors shall propose Other Direct Costs providing an explanation and basis for fully-burdened costs proposed, (e.g., materials, re production, subcontract costs(outside those labor rates previously established at contract award), etc.)

c. Evaluation criteria will be established at the time the requests for proposals are requested.

d. The Contractor shall assume all costs associated with the preparation of task order proposals.

C.8 FAIR Opportunity Process

Unless one of the exceptions of FAR Part 16.505(b) (2) applies, the Contracting Officer will issue the TORFP to all Technical Engineering Development Support Services ID/IQ contract holders. The issuance of the TORFP satisfies the requirement for a fair opportunity to be considered. Each Contractor shall evaluate the opportunity and determine whether or not to submit a proposal. The TORFP at a minimum shall include the following:

1. Task Order Request for Proposal Number

2. Date of TORFP

3. Type of Service

4. Performance Work Statement (PWS)

5. Contract Type

6. Government-Furnished Property (GFP)

7. Government-Furnished Information (GFI)

8. Contracting Officer and Contracts Specialist’s name, phone number, email

9. Proposal submission E-mail Address/Mailing Address

10. Proposal Due Date (Eastern Standard Time)

C.8.1 Fair Opportunity Exceptions

a. In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR Part 16.505(b) (2), the Contracting Officer will provide all awardees a “fair opportunity” to be considered for each order in excess of $3,000, unless one of the conditions below applies:

1. The agency need for such services is so urgent that providing a fair opportunity would result in unacceptable delays.

2. Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized.

3. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a task order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order.

4. It is necessary to place an order to satisfy a minimum guarantee.

b. In accordance with FAR Part 16.5, when an exception to the fair opportunity exists, the task order will be processed as a sole source procurement, including a sole source justification.

c. The regulation delegates to the Contracting Officer the responsibility of determining what procedures should be used to provide each of the multiple awardees a fair opportunity for consideration. The award of task orders will be made based on past performance of earlier orders under the contract or other past performance information obtained by the CO, cost/price, and/or other unique factors designated for each task order. The Contracting Officer may tailor the selection process for a specific task order to reflect the requirements and environment of the proposed task order.

C.9 Review of Deliverables

The specific requirements for all deliverables will be described in each task order under this ID/IQ contract. Each individual TO will state the deliverable(s), the review process and the time allotted for the review of the deliverable(s).

C.10 Deliverables (Specified In a Task Order)

a. All applicable deliverables, their required delivery dates, and destination of delivery will be specified in each task order issued under this contract. The schedule for completion of work to be performed under this contract will be delineated in each task order issue under this contract, as applicable.

b. All deliverables submitted in electronic format shall be free of any known computer malware or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.

c. In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the Contracting Officer, Contracting Officer Technical Representative, and Task Order Contracting Officer Technical Representative. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery, provided that this data shall be informational only in character and that receipt thereof shall not constitute a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

C.11 Accounting and Appropriation Data

Accounting and appropriation data for obligations under this ID/IQ contract will be set forth on individual TOs.

C.12 Unauthorized Work

The Contractor is not authorized at any time to commence task order or delivery order performance prior to issuance of a task order or delivery order duly endorsed by the Contracting Officer and/or other written approval provided by the Contracting Officer to begin work.

C.13 Submission and Labeling of Deliverables

Unless otherwise specified in the task order, all non-electronic deliverables shall be submitted to the COTR and/or Task Order Contracting Officer’s Technical Representative (TOCOTR) on an ‘F.O.B. Destination’ basis. Preservation, packing and packaging of ‘non-electronic’ deliverables for shipment shall be in accordance with standard commercial practices. All electronic deliverables shall be submitted via email to the assigned COTR and TOCOTR.

While performing work under this contract, the Contractor shall NOT label any information produced and submitted in a way that would restrict the Government's right to use or release the information. If applicable, the Contractor shall include a legend that identifies sensitive data that should not be released for security reasons. Under FAR Clause 52.227-14, this information may be used for any purpose the Government deems appropriate. Deliverables provided shall not contain vendor-specific logos or mottos. The Contractor shall not use U.S. Government logos without the written permission of the Contracting Officer.

C.14 Data to be Delivered

a. Any working papers, interim reports, data given by the government, first produced by the Contractor under the contract, collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer at any time during performance of the IDIQ contract or Task Order(s). All working papers, interim reports, data/information or other information produced under this IDIQ Contract and submitted to the government as a deliverable(s) under the Contract itself or one of the Task Order(s) issued there under becomes the property of the government.

b. In addition, information and/or data held by the Contractor in relation to the operation of their business and/or institution and which are obtained without the use of Federal funds shall be considered "PROPRIETARY DATA" and are not "subject data" to be delivered under this contract.

C.15 Employee Identification

a. Contractor employees visiting USCG facilities shall provide two forms of photo identification. One shall be a contractor issued badge that includes contractor name, employee’s full name, and card expiration date and the other a standard government approved identification (i.e. Driver’s License) in order to obtain a Coast Guard visitor’s badge prior to entry. Contractor employees shall comply with escort rules and requirements at all times, identify themselves as contractors when their status is not readily apparent, and display a visitor’s badge above the waist in plain view at all times.

b. The contractor shall wear a Common Access Card (CAC) identification card furnished by the Government. Contractor identification shall be worn above the waist and remain in plain view at all times.

C.16 Employee Conduct

Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the U.S. Coast Guard or the Department of Homeland Security. Contractor employees shall comply with all Government safety requirements (OSHA) when visiting or working at Government facilities and aboard Coast Guard vessels or aircraft. The contractor employee shall not release any Coast Guard personnel contact information or information concerning official unit business or operations.

C.17 Removing Employees for Misconduct or Security Reasons

The Coast Guard may, at its sole discretion, direct the contractor to remove any contractor employee from Coast Guard or Department of Homeland Security facilities for misconduct or security reasons. Such removal does not relieve the contractor of the responsibility to provide sufficient qualified personnel that is required to execute the contract or any task orders issued under the contract. The Contracting Officer will provide the contractor with a written rationale for removal of the employee.

C.18 Removal from Project Access

Should Contractor resources be removed from any task order awarded under this contract, the Contractor shall ensure, via coordination with the assigned COTR and Task Order COTR, that –

a. All access to Government facilities and systems is revoked;

b. The involved Coast Guard security manager(s) are notified of this removal action; and

c. Any and all Government property, such as identification badges, keys, information technology hardware and software, etc. in the possession of the individual(s) being removed or replaced is immediately (by close of business on the day of removal or replacement) is returned to the Government or transferred to other parties replacing the removed individuals.

C.19 Government Furnished Data

The Contractor shall be provided any Government- furnished data required to perform work described in task orders awarded under this contract. This data shall only be used to perform work required in task orders awarded under this contract. If this data is not delivered on schedule, or is unsuitable for its intended use, the Contractor shall immediately notify the Contracting Officer, who shall investigate this issue. The Government retains title to all Government-furnished data provided. Other rights and criteria shall be in accordance with other "Government Property" clauses incorporated into this contract.

C.20 Restriction on Non-Privacy Act Data

All data and information made accessible to the Contractor or its subcontractors in performing work under this contract that is not otherwise protected by the Privacy Act or Non-Disclosure Agreement (NDA) shall NOT be used or DISCLOSED by the Contractor for any purpose other than performance of work under this contract.

C.21 FAR 27.409 Statement of Limited Rights Data and Restricted Computer Software (MAY 1999)

a. This solicitation sets forth the work to be performed if a contract award results, and the Government's known delivery requirements for data (as defined in FAR 27.401). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227–16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data—General clause at 52.227–14 that is to be included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility.

b. As an aid in determining the Government's need to include Alternate II or Alternate III in the clause at 52.227–14, Rights in Data—General, the offeror shall complete paragraph (c) of this provision to either state that none of the data qualify as limited rights data or restricted computer software, or identify, to the extent feasible, which of the data qualifies as limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of such data should a contract be awarded to the offeror.

c. The offeror has reviewed the requirements for the delivery of data or software and states [offeror check appropriate block]—

None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software.

Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows:

Note: “Limited rights data” and “Restricted computer software” are defined in the contract clause entitled “Rights in Data—General.”

(End of provision)

C.22 Billing Schedules

The Contractor shall invoice in accordance with the billing schedule included in each task order awarded under this contract.

C.23 Authorized Ordering Officers/Office

The Primary Contract Office is the United States Coast Guard, C4IT Service Center, Command Control Engineering Center (C3CEN), Portsmouth, Virginia. Any component Contracting Officer under the C4IT Service Center Acquisition Office including but not limited to the United States Coast Guard, C3CEN, the Operations Systems Center (OSC) Martinsburg and Telecommunications and Information Systems Command (TISCOM) is hereby authorized to place orders under this Contract. Additional locations and contracting officers may be added during the performance of this contract.

C.24 DHS 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 7 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 Contractor's proposal.