HSFERS-13-Q-0002_A00003.rtf

5. PROJECT NO.

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO.

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required) (If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X) (X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) A00003 08-17-2013 DHS/Federal Emergency Management Agency Region 10 Attn: Contracting Officer

130-228TH, SW

Bothell WA 98021 DHS/Federal Emergency Management Agency Region 10 Attn: Contracting Officer

130-228TH, SW

Bothell WA 98021 To all Offerors/Bidders

HSFERS-13-Q-0002

08-06-2013 X x XXX

See CONTINUATION Page x This amendment revises the solicitation as set forth herein.

Questions from offerors regarding this amendment will be accepted through August 19, 2:00 PM Pacific Time.

Questions will only be considered that pertain to the changes set forth in this amendment. Questions shall be submitted

Via email to david.orris@dhs.gov.

david.orris@dhs.gov The due date for submission of quotations is extended to August 27, 2013, 1:00 PM Pacific Time.

Except as changed herein, all other terms and condition remain unchanged.

David Orris Contracting Officer

Section A.1 is revised to read as follows to incorporate phase-in period.

A.1 CONTINUATION - PRICE/COST SCHEDULE

The Contractor shall furnish all supervision, labor, facilities, equipment, materials, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary to or incident to performing and providing the services set forth in the Performance Work Statement (PWS), Attachment 1 and the Quality Assurance Surveillance Plan (QASP), Attachment 2. The following pricing applies.

ITEM NO.

DESCRIPTION OF SUPPLIES/SERVICES

QTY

UNIT

UNIT PRICE

AMOUNT

Phase-In Period 9/20/2013 - 9/30/2013

Lot

Base Period - Facility Support Services in accordance with the attached PWS dated 8/3/13 and QASP dated 8/5/13.

Fixed price per month for all requirements with the exception of supplies covered under Section A.33 of the PWS. Period of performance 10/1/13 through 9/30/14 Month

Base Period Supplies for Facility Support to be billed at cost (see Section A.33, Reimbursable Repairs of PWS) Lot

NTE $26,000

Option 1

Facility Support Services in accordance with the attached PWS dated 8/3/13 and QASP dated 8/5/13.

Fixed price per month for all requirements with the exception of supplies covered under Section A33 of the PWS. Period of performance 10/1/14 through 9/30/15

Option 2

Facility Support Services in accordance with the attached PWS dated 8/3/13 and QASP dated 8/5/13.

Fixed price per month for all requirements with the exception of supplies covered under Section A.33 of the PWS. Period of performance 10/1/15 through 9/30/16

Option 2 Supplies for Facility Support to be billed at cost (see Section A.33, Reimbursable Repairs of PWS) Lot

NTE $26,000

Option 3

Facility Support Services in accordance with the attached PWS dated 8/3/13 and QASP dated 8/5/13.

Fixed price per month for all requirements with the exception of supplies covered under Section A.33 of the PWS. Period of performance 10/1/16 through 9/30/17

Option 3 Supplies for Facility Support to be billed at cost (see Section A.33, Reimbursable Repairs of PWS) Lot

NTE $26,000

Option 4

Facility Support Services in accordance with the attached PWS dated 8/3/13 and QASP dated 8/5/13.

Fixed price per month for all requirements with the exception of supplies covered under Section A.33 of the PWS. Period of performance 10/1/17 through 9/19/18

Option 4 Supplies for Facility Support to be billed at cost (see Section A.33, Reimbursable Repairs of PWS) Lot

NTE $26,000

GRAND TOTAL

Period of Performance

The Period of Performance includes a 10-day phase-in period, 12-month base period, and four option periods for a total performance period of five years (to extent options are exercises).

Phase-in period is September 20, 2013 through September 30, 2013.

The base period is October 1, 2013 through September 30, 2014 (subject to the availability of FY-14 funds).

2. Section A.2 is revised to read as follows:

A.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Technical Approach/Phase-in Plan Factor 2: Management Plan Factor 3: Staffing Plan Factor 4: Past Performance Factor 5: Experience

Technical and past performance, when combined, are approximately equal to price. All technical evaluation factors are of equal importance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

3. Section A.12 is added as follows to provide instruction on quotation preparation.

A.12 CONTENT OF QUOTATIONS

Quotations shall be submitted in two volumes, Technical and Business (submitted in two separate parts). One (1) Original and 3 Copies of the quotation shall be provided. In additional, an electronic copy of the quotation shall be submitted via email to david.orris@dhs.gov no later than the quotation due date.

Quotations shall be sealed and delivered to the location specified in the solicitation and the email address listed above. The quotation shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the offeror on the face of the shipping documents or packages.

Each volume shall be marked with quotation number, title and Offeror's name. Pages shall be numbered. Bookmarks are encouraged. Front matter (title pages, tables of contents, cross-reference matrices, acronym lists, and glossaries) may be provided solely for the purpose of easing evaluation. Font matter does not count against the 50 page limitation of the technical volume.

The typewritten or printed letters shall be no smaller than 10 point or equivalent as the minimum size standard, with no reduction permitted except organization charts or other graphic illustrations; in those instances where reduction is allowable (no smaller than 10 point recommended), Offerors shall ensure that the print is easily readable. Each page shall have not less than one-inch margins on each side of the page. Header/footer information (which does not include any information to be evaluated) may be included in the 1’ margin space. Each 8 and 1/2 by 11 inch “sheet” shall count as one page. Foldouts for complete spreadsheets and/or organization charts are permissible up to 11" by 17" and shall count as two pages.

Volume I: TECHNICAL VOLUME - Page limit 50 pages (excluding past performance and experience which do not count towards the page limitation). Pages exceeding the limit will not be reviewed.

The technical volume shall address the following evaluation factors:

Factor 1 – Technical Approach/Phase-In Plan

The offeror shall provide a Technical Approach/Phase-In Plan that addresses how they will: 1) successfully achieve the requirements of the Performance Work Statement (PWS) and 2) and successfully assume full responsibility of all requirements by the end of the phase-in period.

The plan shall be specific, detailed and complete enough to demonstrate the offeror has a thorough understanding of the requirements in the PWS. The plan shall address quantity and allocation of resources (i.e., distribution of staff, types of labor categories, subcontractors (if any), and contractor owned equipment, etc.), and methods of operation to meet the PWS requirements. It shall include a complete list of and contractor owned equipment (with a value over $1,000) which the offeror proposes to utilize in the performance of this contract. The plan must be clear, concise, specific, efficient, and convincing.

The phase-in plan shall include a timeline with dates and key tasks to be and what steps will be taken during that time to achieve phase-in and assume all services (i.e. hiring new staff if necessary; training staff on the contract requirements; finalizing internal standard operating procedures to be used in performing the contract requirements, etc.). The plan shall include a phase-in plan that fully describes how the offeror will assume full performance of the contract in a timely, efficient and cost effective manner.

The technical evaluation will consider the merits of the proposed technical approach/phase-in plan. The merits of the technical approach/phase-in plan will be considered to determine the degree (level of confidence) the proposed solution will successfully achieve the requirements of PWS and how convincing it is to successfully assume full performance of the contract in a timely, efficient and cost effective manner.

Factor 2 - Management Plan

The management plan shall demonstrate the offeror’s ability to direct and control the operation of this requirement both programmatically and on a daily basis in an efficient and cost effective manner. It shall also address how the offeror will manage risks (including both identifying and mitigating risks). The management plan shall include copies of current organizational chart(s) and lines of authority and supervision pursuant to management of this effort. Corporate management systems shall be described, indicating how this contract will fit into the organization's overall business plan and the extent of corporate support, involvement and oversight. The management plan shall address schedule controls, project cost accounting and tracking, and management of multiple work order assignments. The plan shall describe how the work orders will be managed to ensure they are efficiently processed in a timely manner. The plan shall include a detailed discussion on how any subcontracted work will be managed and integrated to ensure efficient and effective services are provided.

The technical evaluation will consider the merits of the proposed management plan. Consideration will be given to the offeror’s demonstrated ability to direct and control the operation of this requirement both programmatically and on a daily basis in an efficient and cost effective manner. Consideration will be given to how the offeror will manage risks (including both identifying and mitigating risks). The management plan will be evaluated on how well the offeror demonstrates that it will successfully and efficiently manage the requirements of the PWS. Consideration will be given to how well the offeror addresses schedule controls and management of multiple work order assignments. Consideration will be given to how well the offeror describes how work orders will be managed to ensure they are efficiently processed in a timely manner. The evaluation will include the merits on how any subcontracted work will be managed and integrated to ensure efficient and effective services are provided.

Factor 3 - Staffing Plan

The staffing plan shall include a detailed description on how the offeror will staff the contract in order to successfully meet all requirements of the PWS. The staffing plan shall include a description on how the offeror will recruit, retain, train, supervise, and coordinate its staff. The plan shall describe the proposed labor mix and demonstrate that the proposed staff will have the necessary skills and expertise necessary for successful contract performance.

The technical evaluation will consider the merits of the proposed staffing plan. Consideration will be given to how the offeror will staff the contract in order to successfully meet all requirements of the PWS. Consideration will be given to how well the staffing plan demonstrates that the offeror will successfully and efficiently provide all required staffing for the tasks identified in the PWS. Consideration will be given to how the offeror will recruit, retain, train, supervise, and coordinate its staff. Consideration will be given to the merits of the proposed labor mix and how well the offeror demonstrated that the proposed staff will have the necessary skills and expertise necessary for successful contract performance.

Factor 4 - Past Performance

The offeror shall submit at least three (3) Past Performance references. The submitted past performance references shall be of contractual work that is similar to the requirements set forth in this solicitation. If the offeror has no relevant corporate or organizational past performance, the offeror may substitute past performance of a predecessor company or of the offeror's proposed staff who have relevant experience. Offerors shall provide a list of any contracts terminated for convenience or terminated for default within the last three years. Also list any contracts for which the customer did not exercise an option to continue the contract within the last three years with an explanation as to why the option was not exercised. Past experience summaries shall be for projects completed in the last five years or currently in process, which are of similar size, scope, complexity, or, in any way, are relevant to the effort required by this solicitation. Contracts listed may include those entered into by the Federal Government, agencies of State and local governments, and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used.

The following information shall be provided for each reference.

a. Administrative Data

1. Program title or product name 2. Contract number 3. Contract type

b. Relevance

1. Brief synopsis of work performed 2. Brief discussion of how the work performed is relevant to this solicitation 3. Contract Value

c. Compliance with subcontracting plans.

d. Information on problems encountered on each contract and corrective actions taken to resolve those problems.

3. Experience gained on these projects that will be made available to accomplish the required services.

The offeror shall provide description how well it performed under each contract described under experience and provide the information listed below.

A. A self-assessment for each project described under its experience describing whether performance was satisfactory to the customer, the project was completed on schedule, the project was completed within budget, cooperation and responsiveness to clients and successor contractors, and the overall quality of the work performed. This may include a discussion of noteworthy successes, accomplishments, awards or commendations achieved during the referenced effort.

B. A current point of contact (name and phone number) for each job described under experience for the purposes of a reference.

C. Disclosure of any contract(s) or order(s) terminated for cause or default or in which a cure notice was received in the past three years. Also list any contracts for which the customer did not exercise an option to continue the contract within the last three years. Offerors shall provide a narrative describing the circumstances of the termination, cure notice, or failure to have an option exercised. Such narrative shall include a summary of any corrective action taken to resolve or correct the situation or describing any extenuating circumstances.

The Government will consider the above information, as well as information obtained from any other sources, when evaluating the offeror’s past performance. The Government will not restrict its consideration to the information provided in the solicitation and may consider any other available information. In determining the rating for past performance the Government will give greater consideration to successful past performance that is the most relevant to the solicitation. The evaluation of past performance will focus on how well the offeror completed work performed under its experience. The offeror will not be evaluated either favorably or unfavorably if it lacks relevant past performance.

The quality of the Offeror's past performance will be evaluated based on comparison of Past Performance Questionnaires with information the government obtains through reference checks, its own knowledge/experience, and/or from other source. The past performance evaluation will assess the Offeror's record of how well the Offeror did on relevant and recent work for government and private sector clients. This evaluation will include assessments of the Offeror's resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards. The government reserves the right to conduct telephone interviews to validate information provided in the past performance questionnaires and to obtain additional information from other internal and external sources, if known. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be given a favorable or unfavorable evaluation rating; the offeror will receive a neutral rating for the past performance factor.

Factor 5 - Experience

The experience of the Offeror and of proposed subcontractors and/or partners intended to occupy a major role will be considered in evaluation and selection. The government will evaluate each Offeror's corporate experience in providing services, which are of similar nature to the work to be performed under the requirement described in this solicitation. Specifically, jobs that are of similar scope, complexity, contract type, and period of performance, in relation to the requirements of this solicitation are of particular interest to the government.

The offeror shall describe its experience on similar and/or relevant projects and endeavors. The offeror shall provide the information listed below for prime contracts or subcontracts under which it performed work similar in nature and complexity to the subject requirement. This information may include the experience of predecessor companies, major subcontractor, or proposed staff.

A. Contracting Agency (Company), address and phone number.

B. Contract number and type of contract.

C. Date of contract, period of performance, and place of performance.

D. Address and phone number of contracting and technical officers.

E. Size of contract (average number full time full time equivalents provided per year) and dollar value.

F. Brief description of contract work and responsibilities.

G. Applicability of subcontracting plans.

H. Indicate comparability of each project to the immediate one. It is not sufficient to merely state that a project is comparable in magnitude and scope. Rationale must be provided to convince the Government that a project is indeed similar.

The Government will consider the above information, as well as information obtained from any other sources, when evaluating the offeror’s experience. The Government will not restrict its consideration to the information provided in the proposal and may consider any other available information. In determining the rating for experience the Government will give greater consideration to the experience which is most relevant to the solicitation. The evaluation of experience will focus on the relevance, complexity, and scope of the noted experience. The offeror will not be evaluated either favorably or unfavorably if it lacks relevant experience.

Volume II: BUSINESS VOLUME

The offeror shall submit the following information.

A. Completed Schedule Of Pricing, A.1. Offerors shall provide a fixed price for the phase-in period and a fixed price monthly rate and extended amount for the base period and each option. Offerors shall use the not-to-exceed (NTE) amount for the supply line item of NTE $26,000 for each performance period for charges approved pursuant to Section A.33.3, Reimbursable Repairs of the PWS. The supply amount is an estimate only. Actual supply costs may vary. The offeror will only be reimbursed for actual supply costs that at are fully supported with invoices and are found to be allowable, allocable, and reasonable.

B. Completed Representations and Certifications (FAR 52.212-3), A.3.

4. Section A.13 is added to provide quotation submission instructions:

A.13 QUOTATION SUBMISSION

a. 1 Original and 3 COPIES of quotations shall be sealed and delivered to the location specified in the solicitation. The quotation shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the offeror on the face of the shipping documents or packages. An electronic copy of your quotation must be received by the quotation due date via email to david.orris@dhs.gov.

b. Quotation Identification. To ensure that your quotation arrives at the proper place on time, and to prevent opening by unauthorized individuals, the proposal must also be identified on the envelope or wrapper as follows

Proposal Submitted in Response to RFQ: HSFERS-13-Q-0002

Contracting Officer: David Orris

Due Date: August 27, 2013, 1:00PM Pacific Time.

5. Section A.14 is added to provide quotation delivery instructions:

A.14 QUOTATION DELIVERY INSTRUCTIONS

The quotation must be properly identified on the face of the envelope as set forth above in order to ensure that the date and time of receipt is stamped on the face of the proposal envelope since the Agency mailroom receiving procedures are: (a) date and time stamp those envelopes identified as quotations and deliver them as soon as possible to the appropriate procuring activity, and (b) only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity through the routine mail delivery procedures. If the above is followed, proper consideration can be given to proposals.

For hand delivered packages, please call Sheila Rad at 202-679-8123 prior to delivery for facility access. Hand delivered quotations must be received by Ms. Rad by the due date and time.

6. Section A.15, HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS, is added to the solicitation as follows.

A.15. 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) ( Alternate 1).

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

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

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

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

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

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

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's 06-01-2006 HSAR 52-6 employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

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

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

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

(End of clause)

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

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

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government 06-01-2006 HSAR 52-7 Furnished Equipment (GFE).

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

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

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

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

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

(End of clause)

7. Section A.5 of the PWS is revised to reflect a 10-day phase-in period.

-------------------------------------- End of Amendment. ----------------------