HSCG79-17-R-PT2002.docx

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

Combined Synopsis/Solicitation HSCG79-17-R-PT2002 Telephone System Life-Cycle Support and Replacement

PART 1 – General Information

i. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, Subpart 15.3, and Subpart 19.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. The solicitation number is HSCG79-17-R-PT2002. This solicitation will be issued as a Request for Proposal (RFP). The contract will be awarded as a single award Indefinite Delivery Indefinite Quantity (IDIQ) type contract to provide Telephone System Life-Cycle Support and Replacement Materials and Services to the United States Coast Guard Command, Control, Communications, and Information Technology Service Center (C4IT) Telecommunications and Information Systems Command (TISCOM).

iii. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: 2005-95.

iv. The North American Industrial Classification System (NAICS) number is 334210 and the business size standard is 1,250 employees. The proposed acquisition is 100% Total Small Business Set Aside. NAICS Code 334210 is on the Small Business Administration’s (SBA) current list of Small-Business Non-Manufacturer Rule Class Waivers.

v. IDIQ CLIN Structure:

The IDIQ Contract Line Item Number (CLIN) structure shall be for a five (5) year ordering period in accordance with Attachment II – Pricing Structure (Attachment B Price Input will become Attachment II upon award):

CLIN DESCRIPTION Unit of Issue AMOUNT 01 Dollars, US

As specifically defined in each task order the Contractor shall provide OEM Telephony Hardware, Software, Firmware, Ancillary/3rd Party Supplies, and all associated deliverables for the USCG.

vi. Description of Requirement: The Indefinite Delivery/Indefinite Quantity (IDIQ) contract Statement of Work (SOW) is hereby attached as a separate document (Attachment I). The specific products/services to be provided will be specifically identified in each task order.

The IDIQ contract will also be used to install, repair, upgrade, expand, relocate, and replace telephone and ancillary systems at USCG shore facilities and floating units throughout the USCG.

The successful contractor shall provide the following services and products to the USCG specifically identified in the individual task orders and the IDIQ SOW (Attachment I): The general areas of support are as follows:

· Site Surveys: Contractor will visit a site, develop best technical solution based on USCG requirements, and provide a proposal for materials and services to implement the proposed solution for specific sites.

· Design and Installation: Contractor will engineer, install, and integrate equipment in USCG facilities or surface platforms.

· Equipment: Contractor will procure, install, maintain and support equipment based on design developed for the USCG asset.

· Emergency Deployments: Contractor will support the USCG’s need for emergency deployments to alternative sites due to natural disasters, terrorist attacks, or any other deployment outside the USCG’s normal daily operations. These deployments may include the rapid establishment and support for Continuity of Operations (COOP), Disaster Recover (DR), Enhanced Mobile Incident Command Post (eMICP) and Mobile Communications Vehicle (MCV).

· Remote Phone Support: The Contractor will provide 8x5 remote technical support for all systems installed under this IDIQ and other types of legacy equipment previously deployed to USCG facilities and surface assets.

· On-Call Support: Contractor will provide 24 hours a day, 7 days a week, 365 days a year availability for emergency repair assistance for all telephony systems installed under this contract and any legacy telephony systems.

· End-User Training: The Contractor will provide on-site training for all end-user equipment installed under this contract. This includes training for all telephony system features, and the voicemail system. End user training will occur the same week as the site cutover to new phone equipment. The depth of training and method of delivery will be dictated by the need, and will be tailored to the business operation and day-to-day activities of the site.

· Technician Training: The Contractor shall provide various levels of training for USCG technicians. The training shall cover architectural designs, familiarity with each component of the Telephony system, troubleshooting methodologies and techniques, and system administration functions. Training may be delivered in classroom, on the job training (OJT), or via distance learning, depending on the depth and level of training required.

· Supportability: The Contractor shall certify that the components shall be supportable (e.g., parts availability, manufacturer repair support, and expected equipment maintenance repair costs) for a minimum period of five (5) years after final purchase.

· Legacy Equipment: The contractor shall provide only qualified personnel for maintenance and support of the USCG’s legacy installed telephony systems.

· Ancillary and Peripheral Systems: The Contractor shall install and integrate ancillary and peripheral systems associated with Private Branch eXchange (PBX) such as campus-wide Public Address (PA systems, battery/rectifier systems, Uninterruptible Power Systems (UPS), Automatic Call Distribution (ACD) systems, Call Detail Record (CDR) systems, and Voice Mail (VM) systems.

vii Dates and place(s) of delivery, inspection and/or acceptance will be indentified in each task order. Unless otherwise specified in the task order, all non-electronic deliverables shall be submitted to the Contracting Officer Representative (COR) and/or task order Point of Contact (POC) 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 COR and task order POC and a notice of submission provided to the contracting office.

viii The provision at FAR 52.212-1 Instructions to Offerors – Commercial Items (JAN 2017) applies to this acquisition and is further tailored in PART 5 of this combined synopsis/solicitation.

ix The provision at FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) applies to this acquisition and is further tailored in PART 6 of this synopsis/solicitation.

x. The provision at FAR 52.212-3 ALT 1 Offeror Representations and Certification – Commercial Items (OCT 2014) applies to this acquisition; Offerors shall include a completed copy of the provisions at 52.212-3 with its offer.

xi Clause at 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017) is applicable to this acquisition and additional addenda are contained herein.

xii Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017) is applicable to this contract and is further clarified in PART 3 of this synopsis/solicitation.

xiii Additional terms and conditions applicable to this acquisition are contained herein.

xiv The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

xv It is the offeror’s responsibility to ensure their offer is received (in total) by the proposal DUE DATE OF July 16, 2017 by 11:59PM Eastern Daylight Time. Offerors are hereby notified that if your proposal is not received by the date, time and location specified (see below) in this announcement, it will not be considered.

Proposals shall be emailed to the following address: Alan.C.Boucher@uscg.mil xvi All questions shall be submitted on a PDF or Word document and submitted by email to Alan.C.Boucher@uscg.mil no later than July 25, 2017 by 11:59 PM Eastern Daylight Time. Questions submitted after the specified date run the risk of not being answered.

NOTE: The C4IT-SC, Contracting and Procurement shop has two contract support entities [BSC (Prime) and MAIC (Sub)] providing assistance in contract award and administration. These contract-support personnel may have access to your proposal submission, contract award information, and invoices for payment processing. Access is For Official Government Use Only: The contractor personnel do not make inherently governmental decisions and they are required to securely and confidentially handle all information that they have access to. Failure to express a specific exception to this practice will be taken as consent. Exceptions should be noted clearly and in BOLD on the front page of the offer submitted. Proposals by offerors who do not give consent will only be handled by Government personnel.

PART 2 – IDIQ Contract Specific Information

1. Minimum Guarantee – Obligated at time of award The minimum guarantee on this IDIQ contract shall be $2,500.

IDIQ contract maximum value (including travel) $30,000,000

2. Employee Identification 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 (e.g. driver’s license) in order to obtain a USCG 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.

3. Employee Conduct Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the USCG or the Department of Homeland Security. Contractor employees shall comply with all Occupational and Safety Health Administration (OSHA) safety requirements when visiting or working on government facilities and aboard USCG vessels or aircraft. The contractor employee shall not release any USCG personnel contact information or information concerning official unit business or operations.

4. Removing Employees for Misconduct or Security Reasons The USCG may, at its sole discretion, direct the contractor to remove any contractor employee from USCG 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.

5. 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 COR and task order POC, that 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) returned to the Government or transferred to other parties replacing the removed individuals.

6. Billing See FAR 52.212-4 and Invoicing Instruction Addenda 52.212-4, Contract Terms and Conditions – Commercial Items for general billing. Specific milestones/billing instructions may be established at the task order level.

7. Ordering:

The Contractor is not authorized to perform any work prior to the issuance of a task order signed by a warranted contracting officer. All warranted contracting officers of the USCG are authorized ordering officers. All orders are subject to the terms and conditions of the contract. All subsequent task orders awarded against this IDIQ contract shall be firm-fixed price.

Task orders shall be initiated by a Task Order Request for Proposal (TORFP) and pricing shall be IAW with Attachment II.

The Contractor’s proposal shall include, at a minimum, the following information on all TORFPs:

· Required labor category(s), labor hours, price per labor category (IAW Attachment II). The labor category(s) hours and labor hours shall be appropriate for task(s) being performed. If applicable, the rates shall be IAW the Service Contract Labor Standards.

· Schedule of Deliverables.

· All hardware, materials, and software by unit of issue, quantity, and price (IAW Attachment II). If materials are required and not listed on Attachment II, the best commercial price available shall be provided. This shall be provided in an editable Microsoft Excel Workbook.

· Any required government furnished resources not included in attachment I.

· The total proposed FFP including all labor, materials, and travel (IAW FAR 31.205-46).

Travel:

· Travel is anticipated on orders under this contract and shall be included in the TORFP(s) as a FFP. Travel shall be IAW FAR 31.205-46. Travel is primarily to USCG facilities and vessels in the United States or territories, but may include worldwide locations as directed

· If required, the contractor shall generate a Travel Clearance Request message and forward it to the COR 45 days prior to prospective travel for any travel outside the continental United States.

· The contractor shall be responsible for ensuring they can facilitate short-notice travel arrangements. Specific places of performance and travel lead time will be specified in each task order.

8. The Contactor shall be a certified business partner for co-delivery and service of its telephone replacement solution for the nationwide territory

The Contractor or a single member of the Contractor’s team, who will be providing maintenance and repair service for the existing Coast Guard telephone systems, shall be an “Authorized Avaya Co-Delivery and Service Provider” in good standing supporting the nationwide territory.

9. The proposed rates for each labor category must allow for the minimum wage determination requirements at each performance location, if applicable. A wage determination will be included in the TORFP if the location is not identified in Attachment II; and, there shall be no adjustment in the contract price.

PART 3 – Clauses

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): http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

(End of clause)

https://www.oig.dhs.gov/index.php?option=com_content&view=article&id=135:dhs-oig-hotline-poster&catid=16 https://www.oig.dhs.gov/index.php?option=com_content&view=article&id=51:hotline-info&catid=1&Itemid=133

OCT 2015

Invoicing Instruction Addenda 52-212-4, Contract Terms and Conditions – Commercial Items

In addition to FAR 52.212-4(g):

(a) Each invoice shall contain the following information:

(1) Name of the Contract Specialist or Contracting Officer;

(2) Invoice Routing Code (IRC) assigned by the Coast Guard.

(i) The Coast Guard unique IRC for this contract will be specified in the task order.

(3) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes

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

(1) FINCEN Website Electronic Invoice Submissions:

http://www.fincen.uscg.mil/electron_cg24.htm

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(c) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract.

(d) Supporting documentation along with a copy of the invoice shall also be e-mailed to the Contract Specialist and COR.

Contract Clauses – Full Text

FAR 52.204-1 Approval of Contract (DEC 1989)

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

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items (JAN 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

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

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

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_X_ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

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

_X_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

_X_ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

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

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause) FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 60 Months after date of Award (ADA).

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $1,250,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) FAR 52.216-22 Indefinite Quantity. (OCT 1995)

(a) 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 365 days.

(End of clause)

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 30 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.

(End of clause)

HSAR 3052.212-70 Contact 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:

Clauses.

_X___3052.203-70 Instructions for Contractor Disclosure of Violations.

_X___3052.205-70 Advertisement, Publicizing Awards, and Releases.

_X___3052.228-70 Insurance.

_X___3052.242-72 Contracting Officer’s Technical Representative.

_X___3052.247-72 F.o.B. Destination Only.

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. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract is the Project Manager (End of clause)

PART 4 – Contract, Documents, Exhibits, and Attachments

Attachment I – Statement of Work (SOW) Attachment II – Ordering Periods Pricing Arrangement Attachment III – Wage Determinations

PART 5 – Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

(End of provision)

FAR Provisions Incorporated by Reference (IAW 52.252-1)

Note: Some of these provisions contain disclosures that must be completed and returned with Offeror’s response.

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or…