HSHQDC-17-R-00020_Amendment_4..pdf

(x)

HSHQDC-17-R-00020

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20528-0115

DHS/OPO/S&T/CHEMBIO

245 Murray Lane, SW, #0115 S&T Acquisition Division Office of Procurement Operations U.S. Dept. of Homeland Security

Washington DC 20528-0115

DHS/OPO/S&T/S&T

245 Murray Lane, SW, #0115 S&T Acquisition Branch Office of Procurement Operations U.S. Dept. of Homeland Security

02/08/20180004

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

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

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/10/2018

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

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

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

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

ORDER NO. IN ITEM 10A.

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

The purpose of Amendment 4 to HSHQDC-17-R-00020 is to clarify section L9 number 5.

All changes to the document have been indicated in red text.

The proposal due date and time remains unchanged.

DO/DPAS Rating: NONE

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

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

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

Jigisha S. Patel

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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

U.S. Department of Homeland Security Office of Procurement Operations

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PART I: THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

A.1 See solicitation SF 33 above.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Contract Type and Type of Services

The Systems Engineering Technical Assistance (SETA) III is an Indefinite-Delivery Indefinite- Quantity (IDIQ) contract established to provide the Science and Technology Directorate (S&T) of the Department of Homeland Security (DHS) with advisory and assistance services to support efforts in research, development, test and evaluation (RDT&E). Such professional and scientific support include technical, programmatic and corresponding administrative assistance services.

This IDIQ is a multiple year contract and not a multi-year contract as defined in FAR Part 17.1, Multiyear Contracting.

B.2 IDIQ Minimum Dollar Guarantee and Maximum Contract Value Limitation

Minimum. The minimum guaranteed award amount for this IDIQ contract is $2,500.00 per Contractor for the entire ordering period of performance of this contract (inclusive of any fee).

Maximum. The cumulative dollar ceiling value of the resulting IDIQ contract shall be $325 million.

The Government has no obligation to issue Task Orders (TOs) to contractor beyond the minimum amount specified this IDIQ contract. Once the conditions of the minimum have been met, Contractor will continue to have the opportunity to compete for TO(s) as laid out under the terms and conditions of this IDIQ.

B.3 Period of Performance of the IDIQ

The IDIQ ordering period is for 5 years. All TOs must be placed within the ordering period of the IDIQ. The period of performance for each TO will be designated at the individual TO level and may include option periods which may extend no more than two years beyond the ordering period of the IDIQ.

Any TO issued under this IDIQ contract that extends beyond the ordering period of the IDIQ is still bound, for its entirety, by the terms and conditions of this IDIQ contract.

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B.4 Type of Task Orders Allowable Under this IDIQ Contract

Types of TOs allowable under this IDIQ are limited to the following: Firm-Fixed-Price (FFP), Time & Materials (T&M), Labor Hours (LHs), or a Hybrid of these contract types. Cost Reimbursement Contract Line Item Numbers (CLINs) are only permitted for ODCs, as appropriate.

Under this IDIQ, all standard support is anticipated to be Firm-Fixed Price and as such performance based TO contracts are anticipated. T&M/Labor Hour contract type will only be encouraged for those surge needs that cannot be readily anticipated or defined. S&T will work to transition these type of increases in the level of effort to a fixed-price effort as quickly as the surge work becomes more standard and definable. The exact contract type will be designated at each TO level.

B.5 IDIQ Ceiling Rates

Labor rates

The labor rates for the IDIQ contract shall reflect fully-burdened hourly rates for each labor category and will apply to all direct labor hours. The fully-burdened labor rates include direct cost, indirect cost (fringe and overhead), general & administrative expenses, and profit. The fully-burdened rates include ALL costs associated with management of the IDIQ contract. Such costs of IDIQ Contract Manger or Management shall not be proposed as separate labor categories at the individual TO level. IDIQ ceiling rates for labor categories apply to prime Contractor;

subcontractors; and for each category of labor to be transferred among Contractor divisions, subsidiaries, or affiliates under a common control. The rates and labor categories established for the IDIQ will be utilized for all allowable contract types under this IDIQ.

Contractor shall propose fully-burdened Government rates for work performed at Government site and fully-burdened Contractor site rates for work performed at Contractor site.

B.6 Rate Refreshments

The fully burdened contracted labor rates are fixed for the ordering period; however, contractor may submit a proposal reducing the fixed hourly rates any time during the life of this contract. The Government will review these proposals and determine if the revised rates are fair and reasonable and in the best interest of the Government. If the rates are accepted, the Government will incorporate the new rates via a modification of the contract.

(End of Section B)

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SECTION C – STATEMENT OF WORK

Contractor shall provide all SETA support services within the IDIQ statement of work, and within the terms and conditions of this IDIQ contract and resultant Task Orders (TOs). See attachment A for IDIQ SOW. Each TO will incorporate its own, more detailed requirements document.

(End of Section C)

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SECTION D – PACKAGING AND MARKING

D.1 Packing, Packaging, Marking and Storage of Equipment

Unless otherwise specified, all items to be delivered under this IDIQ contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination.

All initial packing, marking and storage incidental to shipping of equipment to be provided under this IDIQ contract shall be at contractor’s expense. Contractor shall supervise the packing of all acquired equipment furnished by contractor and shall supervise the unpacking of equipment to be installed.

D.2 Markings

As applicable, all deliverables submitted to the TO CO and TO COR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

• Contract number;

• Task order number;

• Name and address of the consignor;

• Name and address of the consignee;

• Government bill of lading number covering the shipment (if any); and

• Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

Specific marking requirements may be addressed in individual TOs.

D.3 Equipment Removal

All Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by contractor, at contractor’s expense, within ninety calendar days after contract expiration, or as mutually agreed by the Government and contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the TO CO. Specific requirements will be addressed in individual TOs.

(End of Section D)

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

The designated COR is responsible for the inspection and acceptance of all services under the respective requirement. All inspection and acceptance work performed under this contract will be conducted in accordance with applicable Inspection and Acceptance FAR clause for the contract type contemplated. The basis for acceptance and inspection shall be compliant with the requirements set forth in the statement of work and other terms and conditions of the contract.

Rejected deliverable items shall be corrected in accordance with terms and conditions of this contract or as otherwise appropriately requested by the COR and CO.

The Government requires a period not to exceed fifteen calendar days after receipt of any final deliverable item(s) for inspection and acceptance or rejection, unless otherwise specified in the terms and conditions of the TO. For periods exceeding fifteen days, it is the responsibility of contractor to confirm with the Government the receipt or acceptance of the deliverable(s).

E.2 Breadth of Inspection

All deliverables will be inspected by the COR for content, completeness, accuracy, and conformance to requirements. Inspection may include validation of information or customized software through the use of appropriate test methods and algorithms, or as specified in the requirement. The breadth and nature of this testing must be negotiated prior to incorporation of the deliverable in the contract and shall be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables. All written and narrative type deliverables will be reviewed for thoroughness, consistency, accuracy, discrepancies, grammar, errors or other deficiencies identified by the Government.

E.3 Non-conforming Deliverables

Non-conforming deliverables or services will be rejected. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection. Unless otherwise agreed by the parties, deficiencies will be corrected within ten calendar days of the rejection notice. If the deficiencies cannot be corrected within ten days, contractor will immediately notify the CO of the reason for the delay and provide a proposed corrective action plan within ten working days. In FFP and T&M type contracts or line items, all non-conforming deliverables will be remediated to the Government’s satisfaction at no additional cost to the Government and within the timeline negotiated with the TO COR or subject to FAR 52.212-4 Alt 1 (4) at the discretion of the TO CO.

For all electronic deliverables, it is the responsibility of contractor to ensure the item is free of any computer virus or defects. If a virus or defect is attributed to the deliverable, the infected or defected deliverable will be rejected. The Government will provide contractor a written notification of the virus and the known impact (to date) of the virus, delineating any pertinent details. The new delivery date of the replacement deliverable must be negotiated between

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contractor and TO CO. The costs for purging and replacing of all Government equipment as a result of a deliverable with a virus or defect may be borne by contractor and such will be reported in contractor Performance Assessment Reporting System (CPARS).

(End of Section E)

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SECTION F – DELIVERIES AND PERFORMANCE

F.1 Place of Performance:

Work may be performed at Government site or at Contractor site, as specified in the individual TOs. In some cases, work may be performed at alternate work sites, based on the needs of the Government, in the event of pandemic or similar catastrophic event. The primary Government sites are located in and around metropolitan Washington, DC. S&T also operates laboratories where work may be required in New York, New Jersey, Maryland and Kansas. On rare occasions, temporary duty (TDY) locations may be expanded on a limited basis throughout the United States and internationally. For those contractor personnel who may work in various locations, consideration will be given to establishing a home base for purposes of calculating TDY expenses, and reducing those expenses to the minimum necessary.

F.2 Hours of Support

It is anticipated that support for each program office consists of an eight-hour daily work schedule or some combination of 40 hours a week, at 1,920 hours per man year, Monday through Friday.

Upon TO award, contractor shall submit a work schedule, within core operating hours, showing each employee’s desired work hours, for Government’s approval. All Contractor support shall be available during the core hours of the designated program office. The requirement to provide an average of 40 hours a week does not imply that the Government will manage contractor’s personnel or their time. Foreseen or unforeseen absences by Contractor personnel beyond two (2) consecutive workdays and expected to continue for up to five (5) work days, or absences considered “chronic”, such as one or more days absence over consecutive work weeks, will require a contingency plan for alternate coverage. The designated TO Contracting Officer Representative (COR) and the IDIQ COR or respective Contracting Officer(s) must agree to the plan. In such circumstances, contractor is still responsible for successful performance and responsiveness in service to the contract, as well as timely delivery of products and reports. Agreement to any contingency coverage plan shall not be construed as any relinquishment of performance requirements. Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within the TO when the Government facility is not closed.

F.3 Surge or Overtime Capacity

The Government may require surge support. Contractor may be required to provide additional service support or labor hours in excess of 40 hours per workweek to include holidays, weekends, or irregular times and shifts based upon needs of the program office. Surge requirements will be solely an increase in level of effort with similar work requirements at the Places of Performance designated at the task order level. As required, the TO will designate all potential surge requirements.

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Such unexpected services may include a short duration of unexpected increases in the level of effort that occurs once every so often, for example, due to leadership or an unanticipated strategic vision change. As such, surge support may be utilized to fulfil the need, for example, to implement new guidance - perhaps containing unclear requirements at onset - demanding more than the typical 40 hours per week Contractor service support. Another example includes an unexpected increase in effort that evolves into a standardized, definable set of services that will be needed for the foreseeable future.

F.4 Holidays, Inclement Weather, and Furloughs

Holidays: Unless required under the terms of the TO or authorized by TO Contracting Officer, contractor shall not work at any Government facility, nor should any deliveries under this contract be made to any Government facility, on any of the following holidays:

New Year’s Day – 1 January Martin Luther King, Jr.’s Birthday – 3rd Monday in January President’s Day – 3rd Monday in February Memorial Day – Last Monday in May Independence Day – 4 July Labor Day – 1st Monday in September Columbus Day – 2nd Monday in October Veteran’s Day – 11 November Thanksgiving Day – 4th Thursday in November Christmas Day – 25 December Any other day designated by Federal Statute, Executive Order or a Presidential proclamation.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a holiday.

The rate in the schedule of the contract includes an allowance for holidays to be observed.

Contractor shall not bill the Government for the holidays listed above, except when the Government requires services and the services are performed on a holiday.

If contractor does not observe a given holiday that the Government observes, contractor may perform contract related work at contractor site or telework with authorization from the TO COR on pre-approved work plan addressing Government tasks. Contractor will continue to do Government work as if it’s a regular work day at other than Government site; in other words, the contract price shall not be affected as the pay will be equal to the pay contractor personnel would otherwise receive on a regular work day. The Government will not reimburse contractor personnel for any Contractor related work on holidays. This provision does not preclude reimbursement for authorized overtime work, if applicable to a TO.

Inclement Weather: To the extent that there is no adverse impact on the overall contractor performance, contractor personnel working at the specific facility/location may also be dismissed

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at the discretion of the on-site Contractor TO Manager in coordination with the TO Contracting Officer Representative when the Government grants administrative leave to Government employees, or is closed as a result of inclement weather, potentially hazardous conditions, or other special circumstances, Furlough: In the event that the Government personnel are furloughed, contractor is prohibited from entering the Government building. Contractor shall cease all work and shall not incur costs unless otherwise directed and authorized by the TO CO. It is the Government’s decision as to whether the contract price/cost will be affected.

Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

F.5 Workspace

Contractor personnel are responsible for their own workspace and therefore, shall at the end of each workday clean up all debris, properly discard all materials, and properly store all sensitive documents resulting from their operations. If teleworking, contractor personnel shall ensure all Government issued property is well guarded at all times by contractor personnel and all Government information is protected from public view. Negligence or loss of property and Government information will have negative impact on Contractor performance evaluation and may result in the removal of contractor personnel from the TO.

F.6 Delivery of Services and Understanding the Environment

Advisory and Assistance Services required under each TO shall be delivered and received in accordance with the applicable terms and condition of this IDIQ contract and all terms and conditions of the TO. Contractor personnel shall directly support the program office stated in the TO. As each program office may vary, it is the responsibility of the SETA personnel to quickly understand the environment, mission, and needs of the program office; and openly communicate and ask clarification questions to ensure they understand exactly how they will be assisting and who they will be assisting for given tasks. S&T is a deadline and schedule-driven, content and protocol driven, multi-tasking organization. All contractor personnel must be able to adapt to a politically sensitive, high demanding, and evolving organization. Contractor shall provide on-site professional support at all times and as required.

F.7 IDIQ and TO Deliverables

For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M.

local time (Washington, DC) at destination, Monday through Friday, unless stated otherwise in the terms and conditions of the IDIQ contract or TO. Requirements documents must articulate all deliverables. If deliverables are inadvertently left out of the TO requirements document or the IDIQ contract, the respective CO must be notified immediately upon discovery by the respective

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COR and contractor, and the terms and conditions of the award must be modified to reflect such deliverables.

All deliverables must meet professional standards and meet S&T requirements. Deliverables shall be defined by their name, description, format of delivery, frequency of delivery and referenced to the specific task within the requirements document. Contractor will be responsible for delivering to the COR all items specified in the contract, unless otherwise agreed upon. All deliverables developed under the contract will become the property of the U.S. Government. All deliverables shall be marked in accordance with guidelines for classification markings (e.g. For Official Use Only [FOUO], Confidential, etc.)

TO Monthly Report: At a minimum the TO shall require a monthly status report. The TO status report shall at least contain a summary of all activities, issues and resolutions, staffing (vacancies/onboarding) status, travel taken, financial status and other information necessary to substantiate the invoice.

IDIQ Deliverables: See IDIQ SOW Deliverables Section.

F.8 Notice of Contractor Delays and Notice to Government

In the event contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or as soon as contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, contractor shall immediately notify the TO CO and the TO COR, in writing. This notification shall give pertinent details associated with the delay;

this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

(End of Section F)

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Accounting and Appropriations Data

Accounting and appropriation data for obligations under the contract will be set forth on individual TOs.

G.2 Government Roles and Responsibilities

IDIQ COR: The IDIQ COR is responsible for the receipt and acceptance of the IDIQ contract-level deliverables and reports and past performance reporting.

IDIQ COR: {Name and Contact information to be completed at award}

IDIQ CO: The IDIQ CO within the Office of Procurement Operations has the overall responsibility for administration of the SETA III IDIQ contract. The IDIQ CO is the only individual authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules.

IDIQ CO: Ms. Jigisha Patel Office of Procurement Office (OPO) Science and Technology Acquisition Directorate (STAD) Email: Jigisha.patel@hq.dhs.gov Phone: 202-254-8207

The TO CO and COR will be identified at the TO level. TO COs may designate CORs for individual TOs that will be responsible for the day-to- day coordination of the TO. If so, the TO COR is then responsible for the day-to-day oversight of contractor performance. The TO COR will represent the TO CO in the administration of technical details within the scope of the TO. The TO COR is also responsible for the final inspection and acceptance of all TO deliverables and reports, and such other responsibilities as may be specified in the TO. The TO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the TO CO or the Government. The TO COR does not have authority to alter contractor’s obligations or to change the TO specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify TO obligations or the specification, changes will be issued in writing and signed by the TO CO.

TO COR is also responsible for interfacing with contractor TO Manager on a weekly basis to ensure contractor meets performance standards. The TO COR and TO CO will work with contractor TO Manager to resolve any performance issues in a timely manner. TO CO and TO COR must document all performance issues. If performance issues are not resolved at the TO level, the TO COR and TO CO will work with the IDIQ COR and CO to engage contractor IDIQ Contract Manager to resolve all issues. As appropriate, the TO CO, TO COR, and TO Contract Manager are ALL responsible for documenting performance issues and any other matters of disagreement

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between parties. The IDIQ CO and the COR shall be furnished with the documented performance issues by the TO CO and TO COR prior to any meetings among the parties on performance issues.

G.3 Invoice Preparation and Submission

It is contractor’s responsibility to ensure invoices and supporting documentation are submitted in a timely manner and in accordance with the requirements of the applicable FAR clauses, terms and conditions of this contract, and the TO requirements. All invoices submitted as supporting documents shall be certified as true and accurate to the best of contractor’s knowledge, subject to the penalties in 18 U.S.C. 1001.

The TO COR is required to review all invoices to ensure the Government is being billed appropriately to the services provided as stated in the TO statement of work or performance work statement and in accordance with contract type prior to invoice approval and acceptance.

Contractor’s accounting practices must record all hours worked per week for each Contractor firm and each Contractor personnel. For T&M and Labor Hour contracts or line items, the Government reserves the right to examine Contractor’s records to verify claimed costs. Contractor must bill only actual hours worked whether regular or overtime. Overtime hours will be compensated at the regular hourly rates negotiated at the TO level for the respective labor category.

Contractor shall submit all invoices in accordance with the applicable FAR clauses. Firm Fixed Price (FFP) invoices may be a monthly proportion of the period of performance price (e.g. 1/12th of a 12-month period of performance) or based on the needs of the requirement, priced by each deliverable in the task order. Each T&M and Labor Hour invoice must contain an appendix with a summary page (FFP task orders may request similar information as well) and a breakdown of information as follows (or similar format as along as it contains all such information and is easy to read):

Summary page shall include the following Information:

IDIQ Contract Number Task Order Number Contract Type (T&M or Labor Hour) Current contract period of performance Prime Contractor Name Reporting or Billing Period Date of Invoice Total per CLIN for this invoice Current total expenditure per CLIN vs. ceiling per CLIN Total contract expenditure vs. Total contract ceiling

CLIN Breakdown should be as follows:

Labor CLIN: 0001– Labor Prime Contractor Name of Personnel Labor Category Labor Rate Hours Worked Charge

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Subtotal for Prime Contractor

Subcontractor A Name of Personnel Labor Category Labor Rate Hours Worked Charge

Subtotal for Subcontractor A

Subcontractor B Name of Personnel Labor Category Labor Rate Hours Worked Charge

Subtotal for Subcontractor B

CLIN 0001 Total Hours and Labor

CLIN: 0002 – ODCs ODCs should be accompanied by invoices

Item Description Purpose of Purchase Units Unit Price Total Price

CLIN 0002 Total ODCs

CLIN: 0003 – TRAVEL

Travel charges should be accompanied by receipts for lodging and transportation

Name of Personnel Destination Dates of Travel Total Charge

CLIN 0003 Total Travel

(a) SF-1034, Public Voucher for Purchases and Services Other Than Personal, shall be prepared and submitted for payments under this contract, unless otherwise specified in the individual TO.

(b) Pursuant to the provisions of FAR Part 42.7, Indirect Cost Rates, and 42.8, Disallowance of Costs, responsibility for processing public vouchers for T&M and Labor Hour TOs shall be assigned to the cognizant offices identified in each TO.

(c) To ensure timely processing of the invoice payment, T&M and L-H vouchers shall be forwarded simultaneously to the addresses specified in the TO as follows:

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• Cognizant audit office for administrative review

• Finance Office

• TO CO

• TO COR

(d) To ensure timely processing of contractor’s invoices, FFP vouchers shall be forwarded simultaneously to the addresses specified in the TO as follows (they do not have to be submitted through the cognizant audit office):

• The Finance Office

• The TO CO

• The TO COR

(e) All vouchers submitted to the Government shall delineate cost by:

• Contract and TO number;

• Funding document/order billing item or contract line item number (FFP, L-H, and T&M

TOs);

• Any additional information required by specific payment clauses.

(f) The TO COR will forward a copy of the certified voucher to the cognizant finance office for payment.

(g) For FFP task orders with performance based payments, vouchers shall be submitted upon achievement of the billing milestones identified in the task order in accordance with the applicable FAR clause.

(h) A completion voucher will be submitted for each task order in accordance with FAR 52.216-7(d) (5) and (6), Final Indirect Cost Rates.

G.5 Performance-Based Service Acquisition (PBSA)

Per Office of Management and Budget (OMB), Office of Federal Procurement Policy (OFPP), performance-based contracting shall be used to the maximum extent practicable. Per FAR 37.102 when acquiring services, including those acquired under supply contracts or TOs, COs must apply the following order of preference when contracting for services:

1. A Firm-Fixed Price performance-based contract or TO.

2. A performance-based contract or TO that is not Firm-Fixed price.

3. A contract or TO that is not performance-based.

Performance Based Service Contracting (PBSC) is an approach to service contracting in which the Government specifies the result it wants contractor to achieve instead of specifying the manner or

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method of performance or a number of labor hours. Contractor is free is to propose the most appropriate solution for meeting requirements. PBSC must include performance standards (e.g.

quality, quantity, timeliness) by which the performance on the tasks will be measured, stipulations of acceptable quality level, methods of inspection, and incentive/disincentives. For information refer to OFPP’s Best Practices Handbook located at www.whitehouse.gov/omb.

G.6 Task Order Ordering Procedures

Contractor services will be obtained on an as-needed basis through the issuance of a TO under the IDIQ. All services, deliverables, and applicable parameters of the requirement shall be as described in requirements document (e.g. SOW) at the TO level. TOs will be issued in accordance with the ordering procedures in FAR 16.505(a)(b)&(c) and should be streamlined as much as possible.

Each TO solicitation will include, at a minimum, the following information:

• Task Order Solicitation number

• Solicitation Date

• Statement of Objectives (SOO), Statement of Work (SOW), or Performance Work

Statement

• Relevant contract provisions and applicable terms and conditions

• Instructions for submission of technical and cost/price proposals

• Evaluation criteria and relative order of importance (if applicable)

• Anticipated Contract Type

• Contracting organization POCs: name, phone number, e-mail address and fax (TO CO and

Contract Specialist)

• Proposal Due Date

The Government will not reimburse offerors for any costs incurred for the preparation and submission of a proposal in response to TO solicitation(s). The CO can issue a TO using any medium.

TO Period of Performance: As this is an advisory and assistance IDIQ contract, all TOs under this IDIQ for advisory and assistance services, including all options or modifications, may not exceed 5 years unless the exceptions at FAR 16.505(c)(2) apply. The TO CO may extend a TO for a period not to exceed 6 months if a determination is made per 16.505(c)(3).

G.7 Task Order Proposal Submission

Technical Proposals: CO can receive technical proposals in oral presentation, written format or both. Responses shall be streamlined and succinct, to the extent practical based on the estimated dollar value and complexity of the work. Proposal must comply with all requirements of the TO solicitation. Proposals not conforming with the TO solicitation may be deemed unacceptable or otherwise non-responsive. Exceptions, deviations, or assumptions regarding the Contractor’s interpretation of the requirement are not favored. Each proposal should identify any exception(s), http://www.whitehouse.gov/omb

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deviation(s) or assumptions(s) the contractor makes. If the contractor takes exception(s), deviation(s), or assumption(s) to the requirement, the Contractor understands the Contracting Officer, at his or her discretion, may find the offeror’s proposal unacceptable, and as a result, the proposal may not be further considered for evaluation or award. Otherwise, contractor must provide a statement in the price volume that the Contractor does not take or make any exceptions, deviations, or assumptions to the requirement.

Price Proposals: A written price proposal shall always be required. This part of the proposal shall include detailed price amounts of all resources required to accomplish the task, (i.e., labor mix, labor hours, rates, travel, etc.). If travel is specified in the TO statement of work, airfare and/or local mileage, per diem rates by total days, number of trips and number of Contractor employees traveling shall be included in the TO proposal. Supporting documentation shall be submitted with the proposal submission and any other documentation shall be submitted at the discretion of the TO CO. The IDIQ rates are ceiling rates and therefore contractors are encouraged to propose discounted rates. For task orders requiring work outside of the metropolitan Washington, DC area, rates can be negotiated at the task order level.

Firm Fixed Price (FFP), Time-and-Materials (T&M), and Labor-Hour Task Orders: When competing for TO awards per the ordering procedures, contractor is permitted to propose labor rates that are lower than those originally proposed and established in the IDIQ contract. All TOs issued will be subject to the ceiling rates set forth in the IDIQ contract. Ceiling rates are identified as the maximum allowable rates chargeable to a given labor category under this IDIQ contract.

Therefore, contractor may choose to propose lower rates for various reasons; for example, to improve competitive posture at the TO level. For T&M type task orders, profit on materials is unallowable.

Other Direct Costs (ODCs): All anticipated ODC purchases shall be approved by the TO COR or TO CO prior to purchase. Contractor must provide evidence that the items will be purchased at a commercial rate. Other Direct Costs will be reimbursed at contractor’s actual cost. Profits on ODCs are unallowable unless otherwise determined by the TO CO.

TO Proposal Evaluation: TOs proposal submission will be evaluated based on the evaluation criteria set forth in the TO solicitation. The order of importance of these criteria will be determined at the TO level. Based on the requirement, TOs may be awarded on a best value trade-off analysis or a lowest price technically acceptable (LPTA) analysis.

No Bids: If an IDIQ Contractor is unable or unwilling to provide a proposal submission to a TO solicitation, contractor(s) shall submit a “no bid” notification in response to the proposal request by the proposal due date. The notification shall include a brief, cogent, comprehensive statement as to why contractor is unable or unwilling to provide a proposal (e.g. resources required to provide support are not available within contractor team for anticipated period of performance).

Cancellation of TO Solicitation: In its sole discretion, the Government reserves the right to cancel a TO solicitation at any time. In such event, contractor will be notified by the TO CO of the

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Government’s decision with no requirement on the Government for further justification. This decision is final and conclusive and shall not be subject to the “Disputes” clause or the “Contract Disputes Act.”

Task Order Issuance: At a minimum the TOs must include the following information as applicable:

• Date of order;

• IDIQ Contract and TO number;

• Contract type with appropriate amount or ceiling;

• Appropriation and accounting data;

• Description of the services to be performed;

• Description of end item(s) to be delivered;

• DD Form 254 (Contract Security Classification Specification);

• Contract Data Requirements List;

• The individual responsible for inspection/acceptance;

• Period of performance/delivery date;

• Estimated number of labor hours for each applicable labor category;

• List of Government furnished equipment, material, and information.

• Applicable terms and conditions

TO Unique Labor Categories: Throughout the life of this IDIQ contract, at the request of either contractor or the Government, contractor may propose labor categories, rates and descriptions other than the ones in the IDIQ contract to fulfill a very specific requirement(s) at the TO level but still found to be within the scope of the IDIQ contract. These TO unique labor categories, rates, and descriptions will be negotiated for price reasonableness by the TO CO on a case-by-case basis.

Unauthorized Work: Contractor shall not commence work prior to the issuance of a signed TO by a TO CO. The costs associated with unauthorized work shall be borne by contractor.

Post Award Notice and Debriefings: Post award notices and debriefings of TOs exceeding $5.5 million will be done in accordance with FAR 15.503(b)(1) and FAR 15.506, respectively.

Task Order Ombudsman: Per FAR 16.505(b)(8) the ombudsman will review complaints from contractors and ensure all IDIQ Contractors are afforded a fair opportunity to be considered for each TO, consistent with the procedures of this IDIQ contract.

Carolyn A. Smith Director, Acquisition Management & Support Division Carolyn.A.Smith@hq.dhs.gov 202-447-5306 mailto:Carolyn.A.Smith@hq.dhs.gov

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The current list of ombudsmen is found at:

http://www.dhs.gov/xopnbiz/regulations/gc_1204658767888.shtm.

G.8 TO Closeouts

Contractor is authorized to use the quick-closeout procedure for TOs issued under this contract in accordance with FAR 42.708, Quick-Closeout Procedure. In addition:

Final invoices which result in a charge to the Government in excess of $250.00 or refunds to the Government in excess of $250.00 shall be processed prior to quick-closeout of the TO. Amounts due to contractor or refundable to the Government of less than $250.00 are considered de minimus and will not be processed.

Submission of a final “zero dollar invoice” is not required. Once agreement for quick-closeout is reached on individual TOs, a bilateral modification will be issued to close out the TO. Once the bilateral modification is executed by the TO CO, the TO is closed and no further invoicing, adjustments, or claims will be accepted.

Modifications for closeouts will include the following statement: “The bilateral execution of this modification releases the Government and [insert Contractor name] from any further obligation.”

All TOs under this contract do not have to be closed in accordance with quick- closeout procedures.

The TO CO and contractor can evaluate complex TOs on a case-by- case basis for applicability of quick-closeout procedures.

(End of Section G) http://www.dhs.gov/xopnbiz/regulations/gc_1204658767888.shtm

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SECTION H – SPECIAL CONTRACTING REQUIREMENTS

H.1 Authorized Users

This multiple award IDIQ contract is available only for Research and Development Advisory Assistance Services, technical and administrative, to the Science & Technology Directorate of the Department of Homeland Security.

H.2 Labor Mix -- Key Personnel and Non-Key Personnel

Contractor shall provide qualified personnel for all positions under a given TO. While it is important to provide personnel who have the specific education, experience, skills and technical background to meet mission needs, positive attitude and energy, and interpersonal skills are equally important and required to successfully accomplish tasks specified in each individual TO.

The IDIQ Manager is a key personnel position for the duration of the IDIQ; the TO Manager position is a key personnel position for the duration of a TO issued under this IDIQ. All other labor mix and key personnel will be determined at the TO level based on the Government’s need. At the TO level, key personnel will be identified by name as well as their labor category within the contract terms and conditions.

During the first 90 calendar days of performance, contractor shall make no substitutions of key personnel without the approval of the Contracting Officer, unless illness, death, or termination of employment necessitates the substitution. Contractor shall notify the Contracting Officer as soon as possible after the occurrence of any of these events and provide replacements within the timeframe negotiated with the CO. After the initial 90 calendar day period, contractor may propose a substitution for the key personnel.

Prior to making, at any time for the duration of this IDIQ or a TO, any substitution permanent (key or non-key personnel), contractor shall demonstrate, to the satisfaction of the Contracting Officer, that the qualifications of the proposed substitute personnel are equal to or better than the qualifications of the personnel originally identified for the position. Contractor shall notify the Contracting Officer in writing of any proposed substitution as soon as known but no less than 14 calendar days in advance. Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify contractor within 14 calendar days after receipt of all required information (including at minimum the resumes of proposed substitutes and assessment of them by relevant COR) of the decision on proposed substitutions.

H.3. Consideration

In the event contractor is not able to make a timely and satisfactory replacement of personnel, or if the performance of contracted work is affected negatively under any scenario, contractor shall

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work with the CO to develop an equitable remedy (fair to both parties). Such remedies may include a decrement to a scheduled payment or other innovative method where both parties receive consideration. Consideration generally requires two elements: 1) something must be given that the law regards as a sufficient legal value for the purpose – either benefit to the seller or a detriment to the buyer, and 2) that benefit or detriment of legal value must be dealt with by the parties as the agreed upon price or exchange for the promise – there must be a bargained-for exchange. The requirement for consideration does not require that what is relied upon for consideration be of equivalent value to the promise; the consideration need only have some value. The Government authority to agree to the terms of equitable remedy rests with the CO. The agreement to the remedy must be executed via bilateral modification and the contracting file must be properly and comprehensively documented.

H.4 Telework

All telework shall be pre-coordinated with all respective parties that contractor personnel is providing support, but only permitted at the TO COR’s discretion for extenuating circumstances or as deemed necessary for successful performance. Telework is not a right, rather a privilege.

Telework options will be revoked if performance is negatively affected as deemed by the program office. All activities and tasks to be accomplished on telework days shall be pre-coordinated with the TO COR.

H.5 Training

Contractor shall provide training, as necessary, for its own personnel to ensure that SETA personnel is trained on the common suite of Microsoft Office tools (e.g., Word, Excel, and PowerPoint) and other applicable programs, as required. Contractor shall also ensure that all of its SETA personnel have been properly trained and are qualified to perform assigned tasks under each TO and meet all skill-sets under the IDIQ and the TO to perform the work successfully and with minimal appropriate guidance. The Government will provide or coordinate training on any new Government-provided equipment or Government-directed training (e.g., Information Assurance).

If any such training requires travel on the part of contractor personnel, travel costs within the national capital region (e.g., Metro) shall be borne by the contractor. New contractor personnel will undergo mandatory orientation training both for DHS, DHS Science & Technology Directorate, and as necessary at the individual program office level.

H.6 Travel

Travel shall be submitted for approval at least one month prior to travel commencement. Travel will be reimbursed for actual allowable, allocable, and reasonable travel costs incurred during performance of a task order in accordance with the Federal Acquisition Regulation (FAR) 31.205- 46 “Travel Costs”. Thus, travel cost reimbursement shall not exceed the prevailing applicable “maximum per diem rates” and other limitations specified in the applicable regulations in FAR 31.205-46. Maximum allowable per diem rates are defined in the Defense Contract Audit Manual (CAM). Under the FAR travel cost principle, for contractors traveling in the contiguous United

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States, maximum per diem rates are set in the Federal Travel Regulations (FTR). For Contractors traveling in Alaska, Hawaii, and territories of the United States, the maximum per diem rates are set in the Joint Travel Regulations (JTR). For contractors traveling to areas outside the United States and its territories, the maximum per diem rates are set in the State Department’s Standardized Regulations (SR).

Consideration SHALL ALWAYS be given to alternative means of meeting not requiring travel, such as teleconference, VTC meeting, webinars, etc.

TO Travel Documentation Requirements: Separate worksheets shall be submitted for each traveler. The travel documents shall delineate at a minimum and as applicable the following information:

• Name of individual traveling

• Purpose of travel to include justification for in-person meeting attendance

• Government beneficiary

• current invoice period

• other known travelers-government

• other known travelers-contractor

• days of travel

• travel dates

• number of days being charged per diem

• Itemized breakout of travel costs to include: per diem rate used (meals & lodging), total per diem charged, transportation costs, other costs, total charges

• Travel account balance remaining assuming trip approved

Trip Reports: The contractor shall submit a summary of each TDY trip to include dates and times for travel and work, meetings attended, activities performed and personnel visited with contact information provided, other information as required by the government and in a format designated by the government. Trip reports are due no later than five business days after travel.

H.7 DHS Subcontracting Goals for Any Type of Large Businesses

Offerors may consider subcontracting as a means to more fully meet…