HSHQDC-17-Q-00076.docx

HSHQDC-17-Q-00076

SECTION C- DESCRIPTION/SPECS/WORK STATEMENT

DEPARTMENT OF HOMELAND SECURITY

STATEMENT OF WORK

FOR

Parking Spaces For National Protection and Programs Directorate (NPPD) Office of Cybersecurity & Communications (CS&C)

1.0 Background and Purpose:

The Department of Homeland Security National Protection and Programs Directorate (NPPD) has a vital role in protecting the nation. With regard to managing and leading these tasks, the NPPD employees (GS-15 and SES) must diligently report to the 4200 Wilson Blvd office to protect the nation’s security. Their ability to work at a site together will enhance and facilitate NPPD’s missions. This requirements supports the expansion of CS&C to include the new facility at 4200 Wilson Blvd.

2.0 Period of Performance

The period of performance for this contract shall be for one (1) twelve (12) month Base period, with three (3) additional 12 month option periods.

3.0 Scope of Work

CS&C has a continuing need to provide its employees with parking spaces. This will allow employees to report to work in order to fulfill daily goals. The requested parking spaces need to be within .25 mile of the building’s physical address (for safety reasons and working after hours). This parking structure must be covered to protect staff in case of inclement weather and the structure must allow exit/entry extended hours for those working early mornings or late nights. CS&C is requesting 50 non-reserved spaces, plus 14 non- reserved as a surge CLIN.

The contractor shall provide indoor parking spaces that have the following features: 24 hour, 7 days a week access. Parking garage location must be within a .25 mile proximity of 4200 Wilson Blvd, Arlington, VA 22203 to enable quick accessibility and response to emergency situations.

Permit holders shall be able to access the parking facility twenty-four hours per day, seven days a week (including holidays) as follows:

Access Requirements

7:00 A.M to 7:00 P.M.

Monday through Friday, excluding Federal Government Holidays An attendant must be on duty and available at the entrance to the garage.

The parking facility shall be accessible at all times by permit holders to self-park, lock and retrieve vehicles. Provisions for Double parking with attendant key storage and retrieval is acceptable.

If the parking facility has more than one level, permit holders must be able to get to and from their vehicle via an elevator that stops on the entry level or other level, whichever is applicable.

The Contractor shall provide either an electronic access card technology or a hang-tag permit system in the quantity, at the location, and for the firm fixed prices specified in resulting contract. If a hang-tag permit system is used, the Contractor shall furnish either monthly or bi-annual parking permits (one permit valid for six (6) months).

4.0 Special Requirements

4.1 Adding Parking Permits

Subject to the availability of additional parking spaces at the facility specified (in this SOW), the Government may increase the number of parking permits provided under this contract at no change to the applicable monthly contract rate. Parking permits may be added by the Contracting Officer providing the Contractor written notice at least ten (10) calendar days prior to the effective date. If the effective date for the added spaces is not the first day of the month, the monthly price shall be prorated based on a 30-day month.

All additional parking permits will be added via contract modification issued by the Contracting Officer. Contractor invoices shall reflect the adjustment to the monthly price including any prorated for a partial month.

SECTION F – DELIVERABLE OR PERFORMANCE

A. Period of Performance

The ordering period of this contract is a one year (12 month) base period with three (12) month option periods.

B. Place of Performance The Parking garage location must be within a .25 mile proximity of 4200 Wilson Blvd, Arlington, VA 22203.

C. Deliverables 50 non-reserved parking spaces 14 non-reserved parking spaces (Surge CLIN)

SECTION G – DELIVERIES OR PERFORMANCE

A. Points of contact for this contract:

Courtney Byrd, Contracting Officer (CO) U.S Department of Homeland Security Office of Procurement Operations (MGMT/OPO) Stop 0115 245 Murray Lane Washington, DC 20528-0115 Email: Courtney.Byrd@hq.dhs.gov Sharon Johnson, Contract Specialist (CS) U.S Department of Homeland Security Office of Procurement Operations (MGMT/OPO) Stop 0115 245 Murray Lane Washington, DC 20528-0115 Email: Sharon.D.Johnson@hq.dhs.gov Contracting Officer Representative:

Charlytta Dias email: Charlytta.Dias@hq.dhs.gov

B. INVOICE AND PAYMENT PROVISIONS

Invoices shall be prepared per Section VIII, Contract Clauses; Paragraph A. entitled “FAR CLAUSES INCORPORATED BY REFERENCE,” FAR Clause 52.232-25 Prompt Payment and FAR Clause 52.232-1, Payments. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

1) Cover sheet identifying DHS;

2) Task Order Number;

3) Modification Number, if any;

4) DUNS Number;

5) Month services provided

6) CLIN and Accounting Classifications

The Contractor shall submit an electronic copy to the address below:

E-mail: NPPDInvoice.Consolidation@ice.dhs.gov

Simultaneously provide a paper and electronic copy of the invoice to the following individuals at the addresses below:

E-mail: Sharon.D.Johnson@hq.dhs.gov; Courtney.Byrd@hq.dhs.gov; Charlytta.Dias@hq.dhs.gov

Payment shall be made to the contractor upon delivery to and acceptance by the Government office requirement services in the following manner:

The contractor is authorized to bill on a monthly basis.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

A. Increasing or decreasing Parking Permits

Subject to the availability of additional parking spaces at the facility specified in the SOW, the Government may increase and/or decrease the number of parking permits provided under this contract at the applicable monthly contract rate. The Contracting Officer will provide the Contractor a written notice at least ten (10) calendar days prior to the effective date of increasing and/or decreasing parking permits. If the effective date for increasing and/or decreasing parking spaces is not the first day of the moth, the monthly price shall be prorated based on a 30 day month calendar.

All parking permits shall be increased and/or decreased via contract modification issued by the Contracting Officer. Contractor invoices shall reflect the adjustment to the monthly price including any prorated price for a partial month.

B. OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE

(a) For work to be performed at Government site(s), the Contractor must establish a standard holiday schedule that exactly coincides with the Government’s schedule for employees working on a Government’s site(s). Holidays observed are listed below. For Government site work, holidays and other non-work days are not billable unless work is specifically requested by the Government and productive hours are performed on those days. The following is a list of the official Federal Government holidays:

New Year's Day Martin Luther King Jr.'s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

a) Any other day designated by Federal Statute

b) Any other day designated by Executive Order

c) Any other day designated by the President’s Proclamation

SECTION I CONTRACT CLAUSES

Clauses Incorporated by Reference.

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

52.212-4 Contract Terms and Conditions –

52.212-2 Evaluation—Commercial Items. (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:

1. Technical Approach

2. Past Performance

3. Price: Pricing shall be on a firm fixed price basis. Submit a Price Quotation in accordance with Section L Instructions. The total evaluated price will be the sum of the Base Period and Option Periods.

(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) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jan 2017)

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

(1) 52.209-10, 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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

__ (5) [Reserved].

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

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

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

__ (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] __ (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.

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

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(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.

__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (50) 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).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ix) 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.

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

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

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

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

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

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

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

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

(xxi) 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) 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 _____ [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause) 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 60 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _____ days [60 days unless a different number of days is inserted] 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 48 months.

(End of clause)

PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

This clause must be completed by the quoter

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of clause) 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)

SECTION J LIST OF ATTACHMENTS

Pricing Template – See Attachment #1 Past Performance Questionnaire – See Attachment #2

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.212-3 Offeror Representations and Certifications—Commercial Items. (Dec 2016) (This provision is required in full text only if the vendor has not completed its presentations and certifications in ORCA, or it is not covered in the underlying contract).

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Instructions for Submission of Questions

Questions concerning this RFQ should be submitted Sharon Johnson at Sharon.D.Johnson@hq.dhs.gov by 10:00 a.m. EST on April 10, 2017. Questions must be in the following format utilizing MS Excel:

Quotations are due on April 13, 2017 at 10:00 a.m. Eastern Standard Time.

The technical and price quotes shall be separate documents so that the evaluation of each part may be conducted independently. The page limitations for each quote are as follows:

Volume 1: Technical Quote – Limited to 2 Pages (excluding cover letter, table of contents)

Volume 2: Price Quote – No Page Limitation

Section A: Technical Approach The quotation shall address how the Quoter proposes to provide the services and accomplish the tasks outlined in the SOW. Furthermore; the quotation shall demonstrate an understanding of the DHS requirement and the Quoter’s ability to meet the Government’s requirement.

Section B: Past Performance The Quoter shall provide three (3) past performance references of its contracts, task orders and or delivery order either on going or completed within the past thirty six (36) months prior to this solicitation issue date. If a Quoter does not have any relevant past performance, the past performance rating will be neutral. The Quoter should include rationale supporting the assertion of relevance for each reference. Discuss any negative performance issues that occurred during the performance of the identified contracts and or task orders and any corrective actions taken.

Volume 2: Price Quote

Each Quoter shall submit a price quote separate from the technical quote.

The Quoter’s price quote may be compared to the response to the technical approach to determine the Quoter’s (1) understanding of the work to be performed; and (2) capability and capacity to perform the required work and provide the required resources.

The price quote shall include the following:

a. Identify by percent any discounts or price reductions offered.

b. For each period of performance, provide a breakdown for each contract line item number (CLIN) that identifies the total price for the period of performance (e.g. base period and option period). Also provide a summary that shows the total price for each period of performance and the total price of the task order.

SECTION M - EVALUATION FACTORS FOR AWARD

BASIS FOR AWARD

One (1) award will be made to the Quoter whose quote is determined to best meet the needs of the Government after consideration of all factors, that is, the quote that provides the best value to the Government. For this procurement, best value is defined as the quote that results in the most advantageous acquisition decision for the Government as determined by trade off analysis among the non-price and price factors.

As the evaluations of the non-price evaluation factors become more equal between the Quoters, price becomes more important in making the award determination. In the event that two or more quotes are determined not to have any substantial technical differences (i.e., are substantially equivalent with respect to the non-price factors), award may be made to the lower priced quote. It should be noted that award may be made to other than the lower priced quote if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest rated quote, if the Government determines that a price premium is not warranted.

The Government intends to award upon the basis of initial quotations. Discussions are not anticipated; however, the Government reserves the right to hold discussions at the sole discretion of the Contracting Officer. Quoters are therefore cautioned that each initial quotation should contain the Quoter’s best quote.

EVALUATION CRITERIA

Quotes submitted in response to this RFQ will be evaluated based on the following criteria:

Evaluation Factors:

1. Technical Approach

1. Past Performance

1. Price (not rated)

Technical Approach and Past Performance is significantly more important than the other non-price evaluation factors when combined together the two non-price evaluation factors are significantly more important than price.

Factor 1: Technical Approach

The Quoter’s quote will be evaluated to determine if the Quoter has demonstrated a thorough understanding of the requirement and has clearly articulated how the SOW will be accomplished.

Factor 2: Past Performance

The Quoter’s quote will be evaluated to determine the extent to which their performance demonstrates the likelihood of successful performance in providing requirements similar in size and scope to this solicitation. The Government may choose to evaluate publicly available reports, and/or data from the Past Performance Information Retrieval System (PPIRS). The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by Quoter. The information gathered for past performance may also be used in the responsibility determination.

The Government will review all past performance data submitted with the quote and may contact all of the referenced companies/organizations and others to verify past performance information.

If the Government receives a “poor” or “unsatisfactory” rating from a reference or negative past performance information from any other source on which the Quoter has not had a previous opportunity to comment, the Quoter will be afforded the opportunity to comment on the negative information.

Factor 2: Price

The Government expects to receive price competition through the submission of price quotations from multiple vendors.

The Government will award a Firm Fixed Priced contract resulting from this solicitation to the responsible offeror whose offer is the best value. For evaluation purposes, the total evaluated price will be the sum of the Base Period and the option periods. To be technically acceptable, the items being quoted must meet or exceed the salient characteristics.

The Government will validate that any information provided in other parts of the quotation is consistent with the information provided in the price quotation. Any inconsistencies will be noted and may adversely affect the quotation evaluation.

The Government will evaluate quotes for award purposes by evaluating the prices for the base period as well as all option periods. The total price for all options periods will be added to the price for the base period. Evaluation of the option periods does not obligate the Government to exercise the option(s).

If needed, the Government intends to exercise the option or options under FAR 52.217-8 without further competition or need for justification for other than full or open competition. For purposes of evaluation, the potential need to exercise the option under FAR 52.217-8 to extend the period of contract performance for the maximum period of six (6) months beyond the last option period will be considered the same for all offerors. In considering the price of the base period and any option periods, the Government will consider that if the extension of service clause (FAR 52.217-8) is exercised, it will be on the exact same rates and terms, other than length of performance, as the base or option period being extended. The Government will determine whether the price, inclusive of all options (including the options available under FAR 52.217-8), is fair and reasonable, and whether the price of the base period and all option periods (including the option(s) represented by FAR 52.217-8), in combination with the other evaluation factors specified in the solicitation, represents the best value to the Government.

Thank you for your consideration of submitting a response to this request. If you have any questions, please contact Sharon Johnson, Contract Specialist at (202) 447-5804 or email: Sharon.D.Johnson@hq.dhs.gov or Courtney Byrd, Contracting Officer at (202) 447-5420 or email: Courtney.Byrd@hq.dhs.gov.

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