HSHQDC-12-R-00060 Amend 2.pdf

(x)

HSHQDC-12-R-00060

x x

5 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 ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY 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.

x

Washington DC 20528-0115 245 Murray Lane, SW, Mailstop 0115

DHS/OPO/DNDO

Acquisition Division Domestic Nuclear Detect. Office Office of Procurement Operations U.S. Dept. of Homeland Security

Washington DC 20528-0115 245 Murray Lane, SW #0115

DHS/OPO/DNDO

Acquisition Division Domestic Nuclear Detect. Office Office of Procurement Operations U.S. Dept. of Homeland Security

08/06/2012000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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: (a) By completing

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/26/2012

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment to DHS Request for Proposals (RFP) No. HSHQDC-12-R-00060 is to:

1) Add the following notice to Pg. 29 of the RFP: "The Government intends to issue a

Request for Quotation (RFQ) for two (2) Advanced Handheld Radiation

Detection/Identification Systems immediately following award of the IDIQ contract. Offerors should be prepared to respond to the RFQ within one (1) business day after receipt of IDIQ award."

2) All incorporated changes to the RFR from Amendment 1 (released 07/31/2012) and this

Amendment 2 are available in the attached RFP. The following pages have been modified, with

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Tracy Miller

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQDC-12-R-00060/000002

changes notated in red:

- Page 4

- Page 23

- Page 26

- Page 29

ATTACHMENTS: Request for Proposal (RFP) DO/DPAS Rating: NONE

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

HSHQDC-12-R-00060

Amendment 2

REQUEST FOR PROPOSAL (RFP)

FOR

ADVANCED HANDHELD RADIATION

DETECTION/IDENTIFICATION SYSTEM

DHS Office of Procurement Operations Domestic Nuclear Detection Office Acquisition Division

245 Murray Lane, SW Mailstop 0550 Washington, D.C. 20528-0115 http://upload.wikimedia.org/wikipedia/commons/4/4c/US_Department_of_Homeland_Security_Se�

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1 PRICE

FOR ADVANCED HANDHELD RADIATION DETECTION/IDENTIFICATION SYSTEM

B.2 CLIN MINIMUM/MAXIUM DOLLAR

(a) The minimum guaranteed amount for this IDIQ contract is $200,000.00. The minimum guarantee will be obligated on the base IDIQ contract at the time of award. Orders beyond the minimum will be determined by user needs and fair opportunity procedures.

The exercise of an option does not re-establish the contract minimum for the IDIQ contracts.

(b) The specific products and quantities will be identified on each delivery order issued under the base contract. The Government has no obligation to issue Delivery Orders to the Contractor(s) beyond the amount specified in paragraph (a) above.

(c) The total value of all Delivery Orders awarded under all contracts issued under this solicitation, including orders issued in option periods and minimum contract amounts shall not exceed $8,800,000.00.

B.3 CONTRACT SUMMARY FOR PAYMENT OFFICE

This contract is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) type with Firm Fixed Price (FFP) Delivery Orders.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

INTRODUCTION

Background The Domestic Nuclear Detection Office (DNDO) was established within the Department of Homeland Security (DHS) on April 15, 2005, with the President’s signature under National Security Presidential Directive-43/Homeland Security Presidential Directive-14 (NSPD- 43/HSPD-14). These documents directed the DHS Secretary, in coordination with the Secretaries of State, Defense, Energy, and the Attorney General, to establish the national level DNDO. DNDO’s mission is to protect the United States, its people, territory, and its interests against the unauthorized importation, possession, storage, transportation, development, or use of an unauthorized nuclear explosive device, fissile material, or radiological material and protect against attacks using such devices or material.

Mission and Objectives DNDO is responsible for procuring radiological/nuclear detection systems for DHS components.

Under the authority of the SAFE Port Act, DNDO is mandated to “serve as the primary entity of the United States Government to further develop, acquire, and support the deployment of an enhanced domestic system to detect and report on attempts to import, possess, store, transport, develop, or use an unauthorized nuclear explosive device, fissile material, or radiological material in the United States.” DNDO has been procuring radiological/nuclear detection equipment on behalf of Customs and Border Protection (CBP), the U.S. Coast Guard (USCG), and Transportation Security Administration (TSA) since 2007.

Definitions

• Administrative Contracting Officer (ACO)

: The Government representative with overall responsibility for ensuring the successful performance and completion of the contact (See Section G.1); also referred to in this document simply as the Contracting Officer.

• Contracting Officer’s Representative (COR)

: The individual, including a Contracting Officer’s Technical Representative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

• Federal Holidays:

The Contractor shall be required to include as a holiday any day designated as a holiday by Federal Statute or Executive Order. The federal holidays are:

New Year’s Day, Martin Luther King Jr. Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

• Procuring Contracting Officer (PCO): The Government representative with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings (See Section G.1). The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer; also referred to in this document simply as the Contracting Officer.

• Subcontract:

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

Delivery Order

--An order issued by DNDO to the Contractor in accordance with the terms of the contract requesting delivery service.

PART 1 – CONTRACT LINE ITEM DESCRIPTION

CLIN 0001

Requirements are in Attachment 1 - Statement of Requirements.

- Advanced Handheld Radiation Detection/Identification Systems

CLIN 0002

Specifications for the battery extenders can be found under Attachment 1 - Statement of Requirements.

- Battery Extenders

The Contractor shall use industry best commercial practices.

Method of Shipment

Place of Delivery All goods ordered under this contract shall be shipped F.O.B. Destination within Consignees Premises, unless otherwise specified on individual Delivery Orders.

Partial deliveries will be allowed solely at the discretion of the Government. In the event the Government determines that partial deliveries are allowable, the Delivery Order must specifically state that they are allowable. If the Contractor is granted partial shipment authorization, the original packing slip shall clearly identify those items not shipped. The balance of the order shall also be accompanied by packing slip(s) and shall clearly indicate that the shipment(s) constitutes the balance of the original order.

Partial Delivery and Acceptance

SECTION D – PACKAGING AND MARKING

D.1 Packaging, Packing, and Marking

Products shall be packaged, packed, and marked in accordance with the Contractor’s standard commercial practices. The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government. The Contractor shall provide a packing slip which shall accompany each carton with information identifying the contract number, the order number, a description of the goods enclosed (manufacturer name, model number, serial number), and the customer point of contact. Individual Delivery Orders will identify specific shipping instructions, delivery locations, etc.

D.2 Environmental Considerations

The Contractor shall use (where possible) packing materials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

D.3 Branding/Marking

The contractor shall comply with the requirements of any DHS Branding and Marking policies.

As a matter of law, Federal criminal statutes prohibit unauthorized uses of the DHS Seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the Seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements.

The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document. Moreover, such references shall not imply in any way an endorsement of a product, company, or technology.

Requests to use the DHS seal shall be submitted using DHS Official Seal Usage Approval, available from the Contracting Officer’s Representative (COR). The Comments section should be used to describe why use of the seal is being requested, and how it will be used. Completed forms should be sent via e-mail to Kathleen.McShea@hq.dhs.gov, DHS Director of New Media & Web Communications, and to the Contracting Officer (CO), with a copy to the COR.

All information submitted to the CO or COR by the Contractor shall clearly indicate the:

1) Name and business address of the Contractor

2) Contract Number

3) Delivery Order Number for which the information is being submitted.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of all work performed under this contract shall be by the Contracting Officer or a duly authorized representative.

SECTION F – DELIVERABLES OR PERFORMANCE

F.1 DELIVERY ORDER TERM

Delivery Orders issued under this contract are not coterminous; that is, they do not all have common start and end dates, but may be issued at various times as needed throughout the contract term.

F.2 PERIOD OF PERFORMANCE

The ID/IQ shall consist of a five (5) year ordering period as shown below.

BPA Period Ordering Period Base Ordering Period 12 months Option 1 - Ordering Period One 12 months Option 2 - Ordering Period Two 12 months Option 3 - Ordering Period Three 12 months Option 4 - Ordering PeriodFour 12 months

Delivery Orders may be placed during the Base and Option Ordering Periods (provided each applicable option period is exercised). Under no circumstances may an order be placed under the basic contract if the basic contract has expired or has been terminated or cancelled by the Government.

The period of performance shall be specified in the Delivery Order and may include option periods which extend the delivery order up to twelve (12) months beyond the expiration of the basic contract. Order options, if included at initial issuance of the order, may be exercised after the expiration date of the basic contract.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 GENERAL ADMINISTRATIVE INFORMATION

Enter below the address (street and number, city, county, state and zip code) of the Contractor's facility, which will administer the contract if such address is different from the address shown on the SF 1449, as applicable.

Contracting Officer (IDIQ-level)

Department of Homeland Security ATTN: Mrs. Tracy Miller, Contracting Officer MGMT/OPO DNDO /Mailstop 0115 Department of Homeland Security 245 Murray Lane, SW Washington, DC 20528-0115

Telephone No: (202) 254-7027 Facsimile No.: (202) 254-7752 Email Address: Tracy.Miller@hq.dhs.gov

Christine Chui, Contract Specialist Contract Specialist (IDIQ-level)

MGMT/OPO DNDO /Mailstop 0115 Department of Homeland Security 245 Murray Lane, SW Washington, DC 20528-0115 christine.chui@hq.dhs.gov

(202) 254-7513

Contracting Officer’s Representative (IDIQ-level)

Name: (To be completed at award) Address: MGMT/OPO/DNDO/Mailstop 0115 Department of Homeland Security 245 Murray Lane, SW Washington, DC 20528-0115 Email:

Tel No:

mailto:Tracy.Miller@hq.dhs.gov� mailto:christine.chui@hq.dhs.gov�

G.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, including any change beyond the scope of authority given to the duly authorized Contracting Officer’s Representative identified in the contract, the change will be considered to have been made without authority and no adjustment will be made in the contract cost to cover any increase in charges incurred as a result thereof. The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing this contract in accordance with its terms and conditions.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) DESIGNATION AND

AUTHORITY

The Contracting Officer has designated TBA at time of award of the Department of Homeland Security; 245 Murray Lane, Mailstop 0550, Washington, DC 20528-0550 as the Contracting Officer’s Representative (COR) under this contract.

The COR is responsible for administering the performance of work under this contract. IN NO

EVENT

, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor’s compliance with the contract. To be valid, technical direction by the COR:

• Must be consistent with the general scope of work set forth in this contract

• May not constitute new assignment of work nor change the expressed terms, conditions, or specifications of this contract; and

• Shall not constitute a basis for any increase in the contract’s estimated cost, or extension to the contract delivery schedule or period of performance.

In the event any Government technical direction is interpreted by the Contractor to fall within the clause of this Contract entitled “CHANGES”, the Contractor shall not implement such direction but shall notify the Contracting Officer in writing of such interpretation within ten (10) working days after the Contractor’s receipt of such direction. Such notice shall:

Include the reasons upon which the Contractor bases its belief that the technical direction falls within the purview of the “CHANGES” clause; and include the Contractor’s best estimate as to the revision of the current cost, fee, performance time, delivery schedules or any other contractual provision that would result from implementing the COR’s technical direction.

If, after reviewing the information presented by the Contractor, the Contracting Officer is of the opinion that such direction is within the purview of the “CHANGES” clause and considers such change desirable, a unilateral direction will be issued to the Contractor to proceed pursuant to the authority granted in that clause. If a determination is made that such direction is technical direction authorized by this schedule clause, the Contractor will be directed to proceed with the implementation of such technical direction.

In the event a determination is made that it is necessary to avoid a delay in performance of the Contract, the Contracting Officer may direct the Contractor to proceed with the implementation of the technical direction pending receipt of the information to be submitted by the Contractor.

Should the Contracting Officer later determine that Change direction is appropriate; the written direction issued hereunder shall constitute the required Change direction.

Failure of the Contractor and the Contracting Officer to agree on whether Government direction is technical direction or a Change within the purview of the “CHANGES” clause of this contract shall be a dispute concerning a question of fact within the meaning of the Section I Clause entitled “DISPUTES”.

G.4 ORGANIZATIONAL CONFLICTS OF INTEREST

The Contractor warrants that, to the best of his knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in Federal Acquisition Regulation 9.5, or that the offeror has disclosed all such relevant information.

The Contractor agrees that if an actual or potential conflict of interest is discovered after award, the offeror will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflicts.

Remedies:

The U.S. Department of Homeland Security may terminate the contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose it, or misrepresented relevant information to the Contracting Officer, DHS may terminate the contract for default, debar the Contractor from Government contracting, or pursue other such remedies as may be permitted by law or this contract.

G.5 ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT REQUIREMENTS

FAR 52.232-33, PAYMENTS BY ELECTRONIC FUNDS TRANSFER—CENTRAL

CONTRACTOR REGISTRATION, is included in this solicitation/contract. All Contractor payments will be made by EFT unless excepted or otherwise determined by the paying office designated in the contract.

The Contractor must initiate enrollment in EFT by contacting the paying office designated in the contract and requesting form SF 3881, Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Plan. This form must be completed by the Contractor and their financial institution and returned to the paying office. The paying office will complete the process and notify the Contractor that EFT enrollment is complete. All payments under this contract will be held until the Contractor provides the required EFT enrollment information.

G.6 INVOICES

The Contractor shall submit an original invoice or send via facsimile or email to the following address:

Invoicing PPB Coast Guard Finance Center DNDO Invoices P.O. Box 4141 Chesapeake, VA 23327 Email address:

FIN-SMB-DNDOInvoices@uscg.mil

The invoice shall include the following:

− Contract/Modification Number − Contractor Name − Date of Invoice − Invoice/Voucher Number − Contract Line Item Number (CLIN) − Invoice Amount

The Contractor can obtain status of each invoice by calling or emailing to:

USCG FINCEN Customer Service Call: 1-800-564-5507 or 757-523-6940 Email: http://www.fincen/uscg.mil/vendorinfor.htm mailto:FIN-SMB-DNDOInvoices@uscg.mil� http://www.fincen/uscg.mil/vendorinfor.htm�

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED USERS

This contract is for use by the Department of Homeland Security (DHS)/Domestic Nuclear Detection Office (DNDO) only.

H.2 ORDERING PROCEDURES

(a) The TO CO will provide a fair opportunity to each Contractor to be considered for all Delivery Orders exceeding the micro-purchase threshold, except as provided in FAR Part 16.505(b)(2). Delivery Orders will be issued on a FFP basis.

(b) The TO CO will use electronic order processing, to include a reverse auctioning tool, to the maximum extent possible. If an e-procurement system is not available, a manual solicitation approach (email or hard copy TO RFP) will be used. Each Contractor shall evaluate the opportunity and determine whether or not to submit a proposal.

(c) The proposal shall indicate either compliance with, or exception to, the requirements, risks, assumptions, and any conflict of interest issues. Both oral and written technical proposals shall address, as appropriate:

(a) Proposed goods;

(b) Other proposal elements (shipping, etc.);

(c) Delivery terms;

(d) Other pertinent data, (e.g., potential conflict of interest issues);

(e) Any standards identified in the base contract, and/or any standards identified in the

Delivery Order;

(d) The proposal shall include detailed pricing. The Contractor is permitted to propose pricing that is lower than originally proposed and established in the contract.

(e) Other related information shall always be in writing and shall address relevant information as required by the contract or requested by the TO RFP. The Contractor shall assume all costs (as an indirect charge) associated with proposal preparation for delivery order.

H.3 Delivery Orders

Delivery Orders issued under this contract will contain the following information:

(a) Date of order;

(b) Contract number and Delivery Order number;

(c) Description, quantity ordered and contract price;

(d) Desired delivery date;

(e) Required delivery date;

(f) Place of delivery;

(g) Accounting and appropriation data;

(h) Any other pertinent information such as name and address of Contractor;

(i) Specific billing address for each destination especially for multiple destination orders;

(j) Items for which partial deliveries are acceptable.

H.4 Unauthorized Work

The Contractor is not authorized at any time to commence TO performance prior to the issuance of a signed TO or other written approval provided by the TO CO to begin work.

H.5 Unilateral Orders

TOs under this contract will ordinarily be issued on a unilateral basis by an authorized Delivery Order CO using an Optional Form (OF) 347, once both parties agree on all terms.

H.6 Equipment Modifications/Substitution under Issued Delivery Orders

For Delivery Orders issued under the base contract, the Contractor shall not substitute equipment or make any modifications to equipment ordered under issued Delivery Orders which would result in any change to the Contractor model number, part number, or series on deliverable equipment unless authorized in writing by the TO CO.

H.7 Energy Star (E-Star) Compliance Certification

The Contractor shall provide evidence of meeting the Environmental Protection Agency (EPA) requirements for energy efficiency. Certifications shall be available for the delivered configurations of all products for which Energy Star requirements apply.

H.8 Section 508 Compliance

All deliverables rendered under this contract must comply with Section 508 of the Rehabilitation Act and the Access Board Standards available for viewing at http://www.section508.gov. Unless otherwise indicated, the Contractor represents by signature of this contract that all deliverables comply with the Access Board Standards.

H.9 Advertisements, Publicizing Awards and News Releases

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity/ news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. This restriction does not apply to marketing materials developed for presentation to potential Government customers of this contract vehicle.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.10 Post-Award Conference

The Contractor shall participate in a post-award conference that will be held approximately one

(1) week after contract award. The purpose of the post-award conference is to aid both the Contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems (See FAR Subpart 42.5).

The IDIQ COR is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the Contractor. The IDIQ CO will designate or act as the chairperson at the conference. The conference may be conducted at a location within the Washington, D.C. commuting area or via teleconference at the Government’s discretion. The post-award conference will establish work level points of contact, determine the administration strategy, roles, and responsibilities, and other information pertinent to the successful administration of this IDIQ contract.

SECTION I – CONTRACT CLAUSES

SECTION I-1 – CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: www.acquisition.gov/far.

FAR Clause Number Clause Title and Date 52.203-6, Alt. 1 Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.212-4 Contract Terms and Conditions – Commercial Items (Feb 2012)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification (Nov 2011)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2012)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108- 78).

(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:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111- 117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

(5) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(6) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011).

(7) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

(8) 52.225-5, Trade Agreements (Mar 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(9) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

http://www.acquisition.gov/far�

(10) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(11) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2003) (31 U.S.C. 3332).

(12) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

(13) 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).

(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:

[No clauses applicable – not a service contract]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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 Delivery Orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________ [dates to be inserted at time of award].

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

(c) If mailed, a delivery order or Delivery 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 $200,000.00, 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 $8,700,000.00;

(2) Any order for a combination of items in excess of $8,700,000.00; or

(3) A series of orders from the same ordering office within one (1) day 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 ten (10) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(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 five years from the date of award [date to be completed at time of award].

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 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) day.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

FAR 52.223-7 Notice of Radioactive Materials (Jan 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, five (5) days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either

(1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or

(2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries.

Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall --

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

(End of Clause)

HSAR 3052.242-72 Contracting Officer's Technical Representative (Dec 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's

Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

(End of clause)

Note: “Contracting Officer’s Technical Representative” (COTR) is synonymous with “Contracting Officer’s Representative” (COR). In accordance with the Office of Federal Procurement Policy (OFPP), the term “COTR” has been officially changed to “COR,” effective January 2012.

SECTION J – LIST OF ATTACHMENTS

The following document(s), exhibit(s), and other attachment(s) form a part of this contract:

ATTACHMENTS

Attachment 1 – Statement of Requirements

Attachment 2 – RFP Questions

Attachment 3 – Past Performance Questionnaire

Attachment 4 – IDIQ Pricing List

Attachment 1 to Amendment 1 – Non-Disclosure Agreement (NDA)

Attachment 2 to Amendment 1 – Government’s Responses to Interested Offerors’ Questions

Attachment 3 to Amendment 1 – ICD1 (advanced handheld).xsd

Attachment 4 to Amendment 1 – ICD2 (advanced handheld).xsd

Attachment 1 to Amendment 2 – Request for Proposal (Revised)

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

(This section is intentionally left blank.)

SECTION L – INSTRUCTIONS, CONDITIONS, & NOTICES TO

OFFERORS

SECTION L.1 – PROVISIONS INCORPORATED IN FULL TEXT

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price, Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.

(End of Provision)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Mrs. Tracy Miller, Contracting Officer Department of Homeland Security 245 Murray Lane, Mailstop 0550 Washington, DC. 20528-0550

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in any solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1)

Provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Homeland Security Regulation Supplement (48 CFR Chapter 30) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

L.2 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

FAR Provision Number Provision Title and Date 52.212-1 Instructions to Offerors – Commercial Items (FEB 2012)

L.3 - INFORMATION TO OFFERORS AND INSTRUCTIONS FOR PROPOSAL

PREPARATION

1.0 General Information

1.1 Proposal Receipt

Proposals shall be received by Friday, August 17, 2012 10:00 AM Eastern Time (ET).

Proposals shall be submitted via email at christine.chui@hq.dhs.gov and tracy.miller@hq.dhs.gov and (5) copies must be delivered to the following address:

Contracting Officer/Tracy C. Miller MGMT/OPO/DNDO/Mailstop 0550 Department of Homeland Security

245 Murray Lane SW Washington, DC 20528-0550

All submissions shall show the name and address of the Proposal and the DHS RFP Number (HSHQDC-12-R-00060) and include a CD of the proposal as well. No deliveries will be accepted at any other DHS location. To ensure that the package is processed and delivered in a timely manner, adhere to the following instructions:

1. Approved proposal delivery methods include only the following:

a) Certified Mail: U.S. Postal Service;

b) Federal Express; and

c) UPS

If the Offeror elects to forward the offer by means other than U.S. Mail, it assumes the full responsibility of insuring that the proposal is received at the place and by the date and time specified in this solicitation. Such proposals must be closed and sealed as if for U.S. Postal mailing.

2. The Offeror shall make sure that the correct mail stop information is on the package to ensure that there is no delay in processing the mail.

3. No hand deliveries will be accepted.

1.2 Interested Offeror’s Questions

Questions concerning this RFP shall be received via email to the following Contract Specialists and the Contracting Officer via email at christine.chui@hq.dhs.gov; and tracy.miller@hq.dhs.gov. All questions should be submitted with the email subject line “RFP No. HSHQDC-12-R-00060 Questions.” Any requests for additional information or explanations concerning this document must be received no later than Tuesday, July 31, 2012, 10:00 AM ET.