Amendment_000005_v2.docx

Summary of Changes to Solicitation HSHQDC-15-R-00050 through Amendment 000005

A. The purpose of Amendment 000005 to DHS Solicitation HSHQDC-15-R-00050 is to make formatting changes to Attachment 1 (Contract Data Requirement List (CDRLs)) and to make corrective changes to Attachment 2 (Award-Fee Plan), Attachment 3 (Award-Term Plan), Attachment 6 (Sponsoring Agreement), and Attachment 12 (Quality Assurance Surveillance Plan). Accordingly, the amendment provides the following information:

1. In Data Item Number A001 found on page 1 of the Contract Data Requirements List (CDRLs) for the NBACC Project, Attachment 1 to the solicitation, Block 19 entitled “Remarks” has been reformatted to remove an unnecessary line.

2. In Data Item Number A002 found on page 2 of the CDRLs for the NBACC Project, Attachment 1 to the solicitation, Block 19 entitled “Remarks” has been reformatted to remove an unnecessary line.

3. In Data Item Number A026 found on page 26 of the CDRLs for the NBACC Project, Attachment 1 to the solicitation, the number 0004 in Block 1 entitled “Contract Line Item Number” is deleted in its entirety and is replaced with the number 0005.

4. In Data Item Number A030 found on page 30 of the CDRLs for the NBACC Project, Attachment 1 to the solicitation, the number 0004 in Block 1 entitled “Contract Line Item Number” is hereby deleted in its entirety and is replaced with the number 0005.

5. Data Item Number A035 found on page 35 of the CDRLs for the NBACC Project, Attachment 1 to the solicitation, is hereby reformatted through the addition of the following fields to the document.

6. Data Item Number A036 found on page 36 of the CDRLs for the NBACC Project, Attachment 1 to the solicitation, is hereby reformatted through the addition of the following fields to the document:

7. Data Item Numbers A037 through A039 found on pages 37 through 39 of the CDRLs for the NBACC Project, Attachment 1 to the solicitation, is hereby reformatted and has the following information added to the document:

Document Header: Contract Data Requirements List for the NBACC FFRDC Project Document Footer:

HSHQDC 15-R-00050 Page Number Attachment 1

8. As a result of the revisions identified in Items 1-7 above, Attachment 1, in its entirety is hereby replaced with the updated Attachment 1 found as part of this amendment.

9. On page 31 of the Award-Fee Plan, Attachment 2 to the solicitation, under the Section entitled “Environmental, Health, Safety and Security”, the following information is hereby added after the first sentence of the section:

A major environmental breach consists of violation of an environmental regulation or statute leading to an enforcement action by the Environmental Protection Agency (EPA) or EPA state program, resulting in a criminal conviction. A major breach of safety consists of an accident, incident, or exposure resulting in a fatality or mission failure; or in damage to equipment or property equal to or greater than $1 Million; or in any “willful” or “repeat” violation by the Contractor against an Occupational Safety and Health Administration (OSHA) approved plan or an approved OSHA plan operated by a state agency.

This change is marked in bold green font in the updated Attachment 2 document that is attached to this amendment.

10. On page 29 of the Award-Term Plan, Attachment 3 to the solicitation, under the Section entitled “Environmental, Health, Safety, and Security”, the following information is hereby added after the first sentence of the section:

A major environmental breach consists of violation of an environmental regulation or statute leading to an enforcement action by the Environmental Protection Agency (EPA) or EPA state program, resulting in a criminal conviction. A major breach of safety consists of an accident, incident, or exposure resulting in a fatality or mission failure; or in damage to equipment or property equal to or greater than $1 Million; or in any “willful” or “repeat” violation by the Contractor against an Occupational Safety and Health Administration (OSHA) plan or an approved OSHA plan operated by a state agency operating under an OSHA approved plan.

This change is marked in bold green font in the updated Attachment 3 document that is attached to this amendment.

11. On the cover page of Draft Sponsoring Agreement, Attachment 6 of the solicitation, the statement at the top of the document is hereby deleted in its entirety and is replaced with the following:

Attachment 6—HSHQDC-15-R-00050

This change is marked in bold green font in the updated Attachment 6 document that is attached to this amendment.

12. Under Section V entitled “Business Operations” on page 8 of Attachment 6, item (d) is hereby deleted in its entirety and is replaced as follows:

d. Develop and implement a Contracting Officer or DHS-approved management system for integrated planning, acquisition, maintenance, operation, control, accountability, utilization, and disposal of Contractor Acquired and/or Government furnished property, supplies, and equipment. Establish and maintain an approved Contractor Purchasing System (CPS).

13. Item (b) of Section VI entitled “Operations Support” on page 9 of Attachment 6 is hereby deleted in its entirety and is replaced with the following text:

b. Develop and implement a system for managing Government property under the control of the Contractor.

14. Under item (e) of Section VI entitled “Operations Support” on page 10 of Attachment 6, the following text is hereby added to the document:

f. The Contractor shall provide and maintain a Safety Health and Environmental Management System (SHEMS). The SHEMS shall include environmental and safety management and conform to the latest editions ISO 14001 and ANSI/AIHA/ASSE Z10 respectively.

15. Under Item 5 entitled “Policy” on page 9 of Attachment 6, the last two sentences in item (c) is hereby deleted in its entirety and is replaced with the following statements:

All workload must be approved by the designated DHS/S&T Executive Agent via the Contracting Officer. Funding for specific workloads may come from various program elements available to External Sponsor offices.

16. Under Item 5 entitled “Policy” on page 10 of Attachment 6, the last sentence in item (d) is hereby deleted in its entirety and is replaced with the following statement:

Substantive changes to the approved program-level commitments in the plan require mutual agreement of the parties, must be approved by the DHS S&T Executive Agent, and may require coordination with the Contracting Officer (for example, if inter-CLIN funding transfers are required).

17. Under Section 9 entitled “Other Considerations and General Understandings” on page 19 of Attachment 6, Statement (3) is hereby deleted in its entirety and is replaced with the following:

(3) May accept no work from commercial firms or foreign governments.

18. Under Section 9 entitled “Other Considerations and General Understandings” on page 20 of Attachment 6, the second statement under Item (c) entitled “Retained Earnings” is hereby deleted in its entirety and is replaced with the following text:

(2) In reviewing the Fixed Fee justification, the Contracting Officer will apply the methodology and considerations of the Federal Acquisition Regulation (FAR) and the Management Plan, as applicable. The Contracting Officer will consult, as appropriate, with DHS Cost/Price Support Personnel, the Defense Contracting Audit Agency ("DCAA"), and the Executive Agent.

19. As a result of the revisions of text identified in items 3-10 above, Attachment 6’s formatting was refreshed and the Table of Contents located on page 1 was updated accordingly.

20. On the cover page of the Draft Quality Assurance Surveillance Plan (QASP), Attachment 12 to the solicitation, the first statement is hereby deleted in its entirety and is replaced with the following:

Attachment 12—HSHQDC-15-R-00050

21. On the cover page of the Draft QASP, Attachment 12 to the solicitation, the second statement on the cover page is hereby deleted in its entirety and is replaced with the following:

Quality Assurance Surveillance Plan (QASP)

22. On the cover page of the Draft QASP, Attachment 12 to the solicitation, the third statement “For A” is hereby deleted in its entirety.

23. On the cover page of the Draft QASP, Attachment 12 to the solicitation, the title of the document is hereby revised as follows:

National Biodefense Analysis and Countermeasures Center (NBACC), a Federally Funded Research and Development Center for

The U.S. Department of Homeland Security

24. On page 2 of the Draft QASP, Attachment 12 to the solicitation, paragraph (a) under “Introduction” is hereby deleted in its entirety and is replaced with the following:

a. This Quality Assurance Surveillance Plan (QASP) has been developed to assist in implementing Performance Based guidelines into the NBACC/FFRDC contract. The QASP is designed to provide the Contracting Officer (CO), Contracting Officer Representative (COR), and other performance monitors an effective, systematic surveillance method for each performance item listed in the QASP.

25. On page 2 of the Draft QASP, Attachment 12 to the solicitation, paragraph (c) under “Introduction” is hereby deleted in its entirety and is replaced with the following:

c. The COR will produce and execute a surveillance schedule in accordance with this QASP. Inspections will be conducted in accordance with the appropriate Federal Acquisition Regulation (FAR) Clauses identified in Section E of this solicitation/contract.

26. On page 3 of the Draft QASP, Attachment 12 to the solicitation, the last two sentences of the third bullet under “Random Sampling” section are hereby deleted in their entirety and are replaced with the following text:

The schedules (if applicable) are submitted to the Government Program Manager, the COR, and the Contracting Officer for review prior the month being inspected. The results of the periodic surveillance inspections may be used as the basis for actions (other than payment deductions by withholding of Fee) against the contractor. In such cases the Inspection of Services (Cost Reimbursement) clause becomes the basis for the Contracting Officer’s actions.

27. On page 4 of the Draft QASP, Attachment 12 to the solicitation, the text under Item 4 entitled “Contract Administrator/Manager Notifications” is hereby deleted in its entirety and is replaced with the following text:

The COR will ensure that the Government Program Manager (PM), the Contracting Officer (CO), and the Contractors Project Manager (PM) are continually informed of contract performance status. The same Managers and Administrators should be informed immediately of any and all contract discrepancies noted during COR surveillance.

28. On page 5 of the Draft QASP, Attachment 12 to the solicitation, the text under “Method of Surveillance” for Item 1 in the table is hereby deleted in its entirety and is replaced with the following text:

100% Inspection of reporting data using a checklist schedule as set forth in the contract will allow for the COR and the Contracting Officer to monitor compliance.

29. On page 7 of the Draft QASP, Attachment 12 to the solicitation, the last sentence under “Performance Standard” for Item 4 is hereby deleted in its entirety and is replaced with the following:

All change documentation through the COR to the CO.

30. On page 7 of the Draft QASP, Attachment 12 to the solicitation, the last sentence under “Method of Surveillance” for Item 4 is hereby deleted in its entirety and is replaced with the following:

The COR and CO will monitor key personnel through review of replacement data and up dated Key Personnel rosters.

31. On page 8 of the Draft QASP, Attachment 12 to the solicitation, the last two sentences under “Performance Standard” for Item 6 are hereby deleted and are replaced with the following text:

Take immediate and appropriate action as soon as misconduct is suspected or alleged; and Report to the Contracting Officer (CO) any decision to initiate an investigation. 100% compliance required.

32. On page 8 of the Draft QASP, Attachment 12 to the solicitation, the last sentence under “Method of Surveillance” for Item 6 is hereby deleted in its entirety and is replaced with the following text:

The reporting required to the CO shall document necessary actions taken by the Contractor.

33. On page 9 of the Draft QASP, Attachment 12 to the solicitation, the performance standard for Item 7 is hereby deleted in its entirety and is replaced with the following text:

Appropriate action taken if at any stage of an inquiry or investigation if any of the cited conditions exist: Timely notification to the COR/CO upon becoming aware of a condition. (Immediate to NLT 24 Hours and as noted in the DHS Occupational Health and Safety Manual, Chapter 7) Not more than one late notification in a calendar quarter and not more than one failure to report in a contract year.

This change is marked in bold green font in the updated Attachment 12 document that is attached to this amendment.

34. On page 9 of the Draft QASP, Attachment 12 to the solicitation, the word “ACO” in the text under “Method of Surveillance” for Item 7 is hereby deleted and is replaced with “CO”.

35. On page 15 of the Draft QASP, Attachment 12 to the solicitation, the text under “Performance Measurement” for Item 20 is hereby deleted and is replaced with the following text:

Consent for Subcontract Approval, see FAR 52.244-2 Small Business Subcontracting Plan, see FAR 52.219-9

36. On page 15 of the Draft QASP, Attachment 12 to the solicitation, the text under “Performance Standard” for Item 20 is hereby deleted and is replaced with the following text:

Review and approval required by the CO for all subcontractors. Small Business (SB) subcontracting plan required Semi-Annually or As Required by Contract’s SB provisions.

37. On page 15 of the Draft QASP, Attachment 12 to the solicitation, the text under “Method of Surveillance” for Item 20 is hereby deleted in its entirety and is replaced with the following text:

100% review of all requests by the COR and the CO. The CO must approve all subcontractors prior to use or employment

100% review and analysis by the COR, CO, and the OPO Small Business Specialist (OPO SBS) of all reports

38. On page 17 of the Draft QASP, Attachment 12 to the solicitation, the text under “Method of Surveillance” for Item 22 is hereby deleted in its entirety and is replaced with the following text:

100% inspection of all compliance checklists and schedules to allow the COR and the CO to monitor compliance

39. On page 20 of the Draft QASP, Attachment 12 to the solicitation, the text under “Method of Surveillance” for Item 9 is hereby deleted and is replaced with the following text:

100% inspection—Personnel reports, invoice documents, and approval requests will be used by the COR and the CO to monitor the use of consultants

40. As a result of the revisions to the text identified Items 12 through 31 above, Attachment 12’s formatting has been refreshed.

B. Except as identified herein, all other terms and conditions of the solicitation remain in full force and effect.

Amendment 000005 to Solicitation HSHQDC-15-R-00050 Page 2