HSHQDC-16-Q-00553.pdf

HSHQDC-16-Q-00553

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

09/20/2016

1 24

Office of Procurement Operations S&T Acquisition Division 245 Murray Lane, SW, #0115

U.S. Dept. of Homeland Security

Washington DC 20528-0115

202 254-8893Robin Jones

09/27/2016 1500 ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a solicitation for trademark prosecution services for the Department of Homeland Security, Science and Technology Directorate, Office of the General Counsel, Intellectual Property Group. All quotations must be received by the Contracting Officer via email at robin.jones@hq.dhs.gov no later than 3 pm Eastern Time on September 27, 2016.

DO/DPAS Rating: NONE Period of Performance: 09/28/2016 to 09/27/2018

0001 Trademark Prosecution Services Period of Performance: 09/28/2016-09/27/2017 Firm Fixed Price Product/Service Code: R498 Product/Service Description: SUPPORT- Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 24

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQDC-16-Q-00553

PROFESSIONAL: PATENT AND TRADEMARK

0002 Travel

Period of Performance: 09/28/2016-09/27/2017

Time & Materials

Not to Exceed $6,000.00

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

1001 Trademark Prosecution Services

Period of Performance: 09/28/2017-09/27/2018

Firm Fixed Price

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

1002 Travel

Period of Performance: 09/28/2017-09/27/2018

Time & Materials

Not to Exceed $4,120.00

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

Please see continuation pages.

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

Section 1 - Statement of Work

STATEMENT OF WORK

Trademark Prosecution Services

BACKGROUND:

The U.S. Department of Homeland Security’s Office of the General Counsel has created an

Intellectual Property group (OGC/IP) within the Technology Programs Law Division for purposes of handling issues pertaining to all forms of intellectual property, including, but not limited to, obtaining, using, maintaining, defending and licensing trademarks. OGC/IP is seeking technical advisory services from a law firm to assist with its intellectual property portfolio. The services OGC/IP seeks will cover all steps associated with the prosecution of a trademark application at the USPTO, including any Trademark Trial and Appeal Board activities which may arise during the course of prosecution of a trademark. While the law firm will not represent the government in any fashion or form, the advice and guidance it provides to OGC/IP will be critical in meeting the intellectual property needs of the U.S. Department of Homeland

Security (DHS).

The DHS has approximately 85 trademarks registered, or pending, with the U.S. Patent and

Trademark Office (USPTO). In addition, there are approximately 62 trademarks to which DHS claims a “common law” interest.

A. Preliminary Clearance/Knock Out Searches and Registrability Analysis

Prior to filing any trademark application, it is necessary to conduct a “knock out” or preliminary clearance search to determine whether the proposed trademark is available for registration. This key step helps identify whether a third party trademark owner has an interest in a selected trademark, and whether there are any trademark infringement considerations. The contractor shall conduct “knock out” searches upon request and provide timely reports of these searches to

DHS attorneys. Specifically, the contractor shall identify the relevant goods or services to search, and evaluate the search results based on the parameters established by the goods and services. Sometimes, based on the results of the “knock out” search, it may be necessary to evaluate supplemental sources and conduct a more comprehensive search. The Contractor shall advise DHS attorneys if this supplemental search is necessary. The Government anticipates that the Contractor will perform approximately 40 “knock out” searches a year.

In addition to the “knock out” search, the Contractor shall prepare a “registrability analysis” in memorandum form for DHS attorneys. This memorandum shall include some background information regarding the proposed trademark, a brief description of the purposes of conducting a “knock out” search, an analysis of the results of the “knock out” search, and a recommendation for DHS attorneys regarding the viability of filing a trademark application for the proposed trademark. A template will be provided to the Contractor to facilitate the drafting of the

“registrability analysis.” The Government anticipates that the Contractor will prepare approximately 20 “registrability analyses” a year.

B. Trademark Prosecution Services

The Contractor will provide substantive support with respect to all of the activities involved in the prosecution of a trademark at the USPTO. The support will encompass the filings and activities referenced below:

(a) Preparation of initial application forms. These forms will include all application forms necessary for the registration of a trademark on either the principal or supplemental register (i.e. Trademark/Servicemark Application, Principal Register, Trademark/Servicemark Application, Supplemental Register, and Certification Mark

Application, Principal Register forms).

(b) Preparation of response forms. These forms will include those forms which are necessary to respond to Examining Attorney inquiries, including the Response to Examining

Attorney Office Action Form, Request for Reconsideration after Final Office Action

Form, Response to Suspension Inquiry or Letter of Suspension, Substitute

Trademark/Servicemark Application, Principal Register, Substitute certification mark, Response to Intent-to-Use (ITU)/Divisional Unit Office action, Response to Post-

Registration Office action, Response to Petition to Revive Deficiency Letter, and

Response to Petition to Director Inquiry Letter.

(c) Preparation of intent to use forms. These forms will include the Statement of

Use/Amendment to Allege Use for Intent-to-Use Application, Request for Extension of

Time to File a Statement of Use, and Response to Intent-to-Use (ITU)/Divisional Unit

Office action.

(d) Preparation of post-approval/publication/post-notice of allowance amendment forms.

These forms will include the Post-Approval/Publication/Post-Notice of Allowance

(NOA) Amendment Form and Request To Delete Section 1(b) Basis, Intent-To-Use

Form.

(e) Preparation of Petition forms. These forms include a petition to revive an abandoned application, a petition to amend the basis of an application after publication, a petition to the Director under Trademark Rules 2.146 and 2.148, and a letter of protest.

(f) Preparation of Registration Maintenance/Renewal/Correction Forms. These forms will include the maintenance filings between the 5th and 6th year after the registration date

(Section 8) and between the 9th and 10th year after the registration date (Section 8 & 9);

to claim that a mark is now incontestable (Section 15); to request amendment or correction of a registration certificate (Section 7); to surrender a registration; to request to divide a registration; to file a Section 12(c) affidavit; to submit the required maintenance filings under Section 71 for a registered extension of protection (Madrid Protocol); to respond to a Post-Registration Division Office action.

(g) Trademark Trial and Appeal Board Forms. These forms include all submissions to the

Trademark Trial and Appeal Board for oppositions, cancellations, and notices of appeal after final actions.

Where possible, the contractor shall provide the necessary filings in an object file format (i.e. in

.obj format). When an object file format is not available, the contractor shall forward the link to the filings as provided by the USPTO.

The Government anticipates that the Contractor will prepare each year:

Approximately 20 initial application forms;

A combination of approximately 30 response forms, intent to use forms, post-approval/publication/post-notice of allowance amendment forms, and petition forms;

Approximately 10 registration maintenance/renewal/correction forms; and

Approximately 3 Trademark Trial and Appeal Board forms.

The contractor shall also assist in filing trademark applications internationally. These international applications may be filed via The Protocol Relating to the Madrid Agreement

Concerning the International Registration of Marks (Madrid Protocol), when possible, or through foreign counsel. The contractor will also assist in addressing all issues raised by the respective jurisdiction’s trademark office, including, but not limited to, hiring foreign counsel to facilitate filings with the respective trademark office. The Government anticipates that the Contractor will prepare approximately 5 international filings each year.

C. Trademark Portfolio/Docketing Services

Registration of a trademark is a deadline intensive process which requires constant monitoring of the USPTO’s website to determine when certain filings are due.

Once an application is submitted to the USPTO, a USPTO examining attorney will evaluate the application to make sure that it complies with the statutory requirements for federal registration.

If the application does not meet one of the statutory requirements, the examining attorney will issue an office action requiring the applicant to address the cited matter prior to registration of the mark. The applicant is required to respond to the office action within six months of its issuance. After the examination of the mark has concluded with no issues to be addressed, or an applicant has responded adequately to an examining attorney’s concerns, the application will be published for opposition. During this publication period, any third party who believes that it may be negatively impacted by the registration of the trademark may initiate an opposition proceeding to stop the registration of the mark by filing an appropriate form within 30 days of the publication date. If an opposition proceeding is filed, the Trademark Trial and Appeal Board

(TTAB) will take jurisdiction over the matter to determine the validity of the opposition filing.

Finally, provided that no third party opposes the registration of the mark during the opposition period, or the opposition is ultimately decided in the applicant's favor, the mark will be registered in due course. For applications which were filed under the “intent to use” basis, there is an additional step which requires the filing of “specimens of use” within six months of the issuance of a Notice of Allowance.

RESPONSIBILITES:

A. Contractor shall provide timely “knock out” search reports to DHS attorneys as defined above.

B. Contractor shall prepare “registrability analysis” memoranda as described above.

C. Contractor will provide substantive support as described above with respect to all of the activities associated with the prosecution of a trademark at the USPTO. Support will include preparation of initial application forms, response forms, intent-to-use forms, post-approval/publication/post-notice of allowance (NOA) amendment forms, petition forms, registration maintenance/renewal/correction forms, and trademark trial and appeal board forms.

D. Contractor will provide weekly status updates of all work under the task order.

E. Contractor will be required to travel to DHS Headquarters locations in the Washington, DC metropolitan area for security processing, receipt of DHS Personal Identity

Verification (PIV) card and DHS furnished property. Contractor will also be required to travel to DHS Headquarters to return the DHS PIV card, DHS furnished property and, if necessary, out-process/debrief. Infrequent travel to DHS Headquarters may also be required as needed by DHS program personnel.

DELIVERABLES:

The Contractor shall:

A. Provide prompt and timely “knock out” search reports within 14 business days from initial assignment to DHS attorneys for review.

B. Provide “registrability analysis” memoranda within 14 business days from initial assignment to DHS attorneys for review.

C. According to the deadline outlined by DHS at the beginning of the task, prepare initial application forms for review, approval, and electronic signature of DHS attorney.

D. Provide weekly status reports with respect to deadlines associated with the applications they have filed, including all work performed under the task order.

E. According to the deadline outlined by DHS at the beginning of the task, upon receiving confirmation and direction from DHS attorneys, prepare response forms, intent-to-use forms, post approval/publication/post-notice of allowance (NOA) amendment forms, and petition forms.

F. According to the deadline outlined by DHS at the beginning of the task, upon approval of

DHS attorneys, prepare forms and materials for Trademark Trial and Appeal Board proceedings.

G. According to the deadline outlined by DHS at the beginning of the task, upon confirmation and direction from DHS attorneys, prepare registration maintenance, renewal, and correction forms.

H. According to the deadline outlined by DHS at the beginning of the task, upon approval of

DHS attorneys, prepare and prosecute international trademark applications via Madrid

Protocol or foreign counsel.

Section 2 - Terms and Conditions

1. Place of Performance

The Contractor shall perform all services from its own location except for infrequent travel to

Government locations in the Washington, DC metropolitan area.

2. Period of Performance

Base Period: 12 months from date of award (anticipated 9/28/2016 – 9/27/2017)

Option Period 1: 13-24 months from date of award (anticipated 9/28/2017 – 9/27/2018)

3. Exercise of Option Periods

(a) The exercise of any option is contingent upon a unilateral decision by the Contracting

Officer, in accordance with FAR 17.207(c), that there is a continuing need for the work described in the Statement of Work. In addition, performance evaluations will be taken into consideration.

(b) Optional Contract Line Item Numbers (CLINs) 1001 and 1002 may be exercised unilaterally under the authority of FAR 52.217-9 “Option to Extend the Term of the Contract.”

4. Type of Purchase Order

This solicitation is for a Firm Fixed Price purchase order with a Time & Materials CLIN for travel.

5. Government Personnel

(a) Contracting Officer (CO)

(1) The CO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The CO, without right of delegation, is the only individual authorized to take actions on behalf of the Government to amend, modify or deviate from the task order terms, conditions, requirements, specifications, details, and/or delivery schedules. In the event, the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been without authority and no adjustment will be made to cover any increase in costs occurred as a result thereof. It is incumbent on the Contractor to make sure that this requirement is enforced, or work performed will be performed at the Contractor’s own risk.

(2) The following Contracting Officer is assigned to this purchase order:

Name: Robin Jones

Phone Number: (202) 254-8893

Email: robin.jones@hq.dhs.gov

(b) Contracting Officer’s Representative (COR)

(1) The following COR is designated for the purchase order and is responsible for the day-to-day coordination of the purchase order:

Name: (to be determined)

Phone Number: (to be determined)

Email: (to be determined)

(2) The COR will represent the CO in the administration of technical details within the scope of the purchase order. The COR is also responsible for the final inspection and acceptance of all deliverables and reports, and such other responsibilities as may be specified in the purchase order. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the Government. The COR does not have authority to alter the

Contractor’s obligations or to change the purchase order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify purchase order obligations or specifications, changes will be issued in writing and signed by the CO.

(3) The COR for this purchase order will be appointed by the CO through a written designation.

A copy of the letter of appointment with specific duties and responsibilities will be provided to the Contractor upon award.

6. Government Furnished Information

The Government will provide DHS trademark names/logos and associated application and registration numbers; trademark specimens; programmatic information provided for conducting knock out searches, or preparing registrability analysis, or trademark filing; and DHS program name and/or visual identity provided for performance of services.

7. Government Furnished Property

The Government will provide a laptop computer to be used for the performance of all work under the purchase order, a DHS PIV card, and access to a trademark search database.

8. Post Award Conference

The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than 7 business days after the date of purchase order award. The purpose of the Post

Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this purchase order. The Post Award Conference will be held via teleconference.

9. Review of Purchase Order Deliverables

(a) The COR will review deliverables prior to acceptance and provide the Contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the

COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

(b) The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal.

In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

(c) The COR will have 5 business days to review deliverables and make comments. The

Contractor shall have 5 business days to make corrections and redeliver.

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

10. Submission of Invoices

(a) At minimum, each invoice shall contain:

a. Name and address of contractor.

b. Invoice date.

c. Invoice number.

d. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

e. Electronic Funds Transfer (EFT) banking information.

f. Taxpayer Identification Number (TIN).

g. Purchase order number.

h. Applicable contract line item number(s).

i. Receipts for hotel and transportation related travel costs for any travel conducted.

(b) One copy should be emailed to invoiceSAT.Consolidation@ice.dhs.gov with copies to the

Contracting Officer and the Contracting Officer’s Representative (COR) identified above mailto:invoiceSAT.Consolidation@ice.dhs.gov

11. Rights in Data

The Contractor shall not use any data first produced under the task order for private purposes.

12. Section 508 Compliance

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998

(P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled

Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

Section 508 Applicable EIT Accessibility Standards

36 CFR 1194.21 Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all

Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then 1194.21

Software standards also apply to fulfill functional performance criteria.

36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required

1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using

TTY.

Section 508 Applicable Exceptions

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the

COTR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a

Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by

FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

13. Security Clearance Requirement

(a) DHS has determined that the performance of this purchase order requires a suitability clearance before an individual can begin work under the order. Upon official notification by the

Government that a clearance will not be granted, the Contractor shall provide the security paperwork for a qualified replacement within thirty calendar days.

(b) DHS has and will exercise full control over granting, denying, withholding, or terminating unescorted Government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation.

(c) DHS may, as it deems appropriate, authorize and make a favorable entry of duty (EOD) decision based on preliminary security checks. The favorable EOD decision would allow the contactor to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment contractor fitness (suitability) authorization will follow as a result thereof. The granting of a favorable EOD decision or a full contractor fitness (suitability) authorization determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the purchase order.

(d) No employee of the Contractor shall be allowed unescorted access to a Government facility, access to any sensitive information, or access to DHS IT Systems without a favorable EOD decision or contractor fitness (suitability) determination by the DHS Office of Security. Contract employees assigned to the purchase order not needing access to sensitive DHS information or recurring access to DHS facilities will not be subject to security contractor fitness (suitability) screening. Contract employees awaiting an EOD decision may not begin work on the purchase order.

(e) Limited access to Government buildings is allowable prior to the EOD decision if the

Contractor is escorted by a Government employee. This limited access is to allow contractors to attend briefings, nonrecurring meetings, and begin transition work.

(f) Classified information is Government information which requires protection in accordance with Executive Order 13526, National Security Information (NSI) as amended and supplemental directives. If the Contractor has access to classified information at a DHS owned or leased facility, it shall comply with the security requirements of DHS and the facility. If the Contractor is required to have access to classified information at another Government Facility, it shall abide by the requirements set forth by the agency.

14. Security Clearance Processing

(a) The procedures outlined below shall be followed for the DHS Office of the Chief Security

Officer (OCSO), Personnel Security Division (PSD) to process background investigations, Entry on Duty determinations, and fitness determinations, as required, in a timely and efficient manner.

(b) Carefully read the security clauses in the purchase order. Compliance with the security clauses in the purchase order is not optional.

(c) Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the purchase order, requiring access to sensitive information, shall undergo a position-sensitivity analysis based on the duties each individual will perform on the purchase order. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. All background investigations will be processed through the DHS

OCSO/PSD. Prospective Contractor employees shall submit the below completed forms to the

DHS OCSO/PSD. The Standard Form (SF) 85-P must be completed electronically through the

Office of Personnel Management’s e-QIP SYSTEM. The SF-85P signature pages and other completed forms must be given to the OCSO/PSD no less than thirty (30) days before the start date of the purchase order or thirty (30) days prior to the requested entry on duty date, for all

Contractor employees whether a replacement, addition, subcontractor employee, or vendor:

1. Standard Form (SF) 85 Questionnaire for Public Trust Positions

A. SF-85P Certification

B. SF-85P Authorization for Release of Medical Information

2. FD Form 258 Fingerprint Card (2 copies)

3. DHS Form 11000-6 Conditional Access to Sensitive but Unclassified Information

Non-Disclosure Agreement

4. DHS Form 11000-9 Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act

Only complete packages will be accepted by the DHS OCSO/PSD. Specific instructions on submission of packages will be provided upon award of the task order.

(d) The DHS OCSO/PSD shall be notified of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the Contracting Officer’s Representative (COR) all

DHS issued identification cards and building passes that have either expired or have been collected from terminated employees. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to whom it was issued and the last known location and disposition of the pass or card.

(e) When sensitive Government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed. Contractor personnel must have a favorable Entry on Duty or fitness determination by the DHS OCSO/PSD to access this information.

Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

(f) Failure to follow these instructions may delay the completion of background investigations, EOD and fitness determinations. Note that any delays in this process, which are not caused by the Government, do not relieve a Contractor from performing under the terms of the purchase order.

(g) Your POC at the Security Office is:

DHS OCSO/PSD Security

Customer Service Center

Telephone: (202) 447-5010

E-mail: officeofsecurity@hq.dhs.gov

15. Travel

(a) Domestic travel may be required in connection with this purchase order. The Government may require up to three three-day long trips to Washington, DC in the base period and up to two three-day long trips to Washington, DC in the Option Year. All travel requires the advanced written approval of the purchase order COR. Travel shall be in accordance with the Federal

Travel Regulation.

(b) The Contractor shall include the Government provided estimated travel amounts in its quotation.

(c) The Contractor shall coordinate specific travel arrangements with the COR to obtain advance, written approval for the travel about to be conducted. The Contractor’s request for travel shall be in writing and contain the purpose, dates, locations and estimated costs of the travel. Email requests and approvals are sufficient.

(d) Travel shall be considered an Other Direct Cost. If any travel arrangements cause additional costs to the purchase order that exceed those previously negotiated, written approval by purchase order modification issued by the CO is required prior to undertaking such travel.

(e) The Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes, and cancellations under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement. Costs associated with

Contractor travel shall be in accordance with Federal Acquisition Regulation (FAR) Part 31.205-

46, Travel Costs.

(f) Local travel within a 50-mile radius from the Contractor’s facility or the Contractor’s assigned duty station will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience or daily travel to and from work at the Contractor’s facility or local Government facility (i.e., designated work site) shall not be reimbursed hereunder. The Contractor shall not be reimbursed for moving or relocation expenses for the Contractor or Contractor employees, and/or subcontractors.

(g) Travel will be reimbursed at actual direct costs in accordance with the limitations set forth in

FAR 31.205-46 “Travel Costs” and with the Federal Travel Regulations. Profit/Fee is not allowable on travel.

16. Non-Personal Services

(a) In accordance with FAR Subpart 7.5, Inherently Governmental Functions, no personal services shall be performed under this purchase order. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The Contractor shall not perform any inherently governmental actions as defined by FAR

Subpart 7.5. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this purchase order, Contractor employees shall identify themselves as

Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this purchase order, the

Contractor employee shall state that they have no authority to in any way change the purchase order and that if the other contractor believes this communication to be a direction to change their contract or task order, they should notify their Contracting Officer and not carry out the direction until a clarification has been issued by their Contracting Officer.

Section 3 - Provisions and Clauses

1. Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address:

http://www.acquisition.gov/far.

FAR Clause Title Date

52.204-7 System for Award Management JUL 2013

52.204-10 Reporting Executive Compensation and First-

Tier Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016

52.212-1 Instructions to Offerors—Commercial Items OCT 2015

52.212-4*

Contract Terms and Conditions—Commercial

Items

MAY 2015

52.212-4

ALT I**

Contract Terms and Conditions—Commercial

Items Alternate I

Insert: “Travel” in 52.212-4(i)(1)(ii)(D)(1)

“$0” in 52.212-4(i)(1)(ii)(D)(2)

MAY 2014

52.217-7 Option for Increased Quantity—Separately

Priced Line Item (insert: 7 calendar days)

MAR 1989

52.232-1 Payments APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.243-1

ALT II

Changes—Fixed-Price ALT II AUG 1987, ALT II APR 1984

*FAR 52.212-4 is applicable to CLINs 0001 and 1001 only.

**FAR 52.212-4 ALT I is applicable to CLINs 0002 and 1002 only.

2. Evaluation—Commercial Items (FAR 52.212-2) (Oct 2014)

(a) 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:

Technical Capability, Past Performance, and Price.

http://www.acquisition.gov/far

(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.

(End of provision)

3. Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (FAR 52.212-5) (JUN 2016)

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

(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)(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

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

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

(E.O. 13126).

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

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

793).

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

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

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

E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

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

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43.

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

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

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

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May

2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

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

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving…