SECTIONS_B-K_(20161212).pdf

SECTION B—SUPPLIES AND SERVICES AND PRICES/COSTS

B.1. SUPPLIES/SERVICES TO BE ACQUIRED

The Center-Wide Support Program (CWSP) is a Single Award, Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract to provide operations and maintenance support to the Department of Homeland Security (DHS) Plum Island Animal Disease Center (PIADC). The Contractor shall provide all resources (except as may be expressly stated in this contract as furnished by the Government) necessary to furnish the services and items below in accordance with Section C, Statement of Work (SOW) and in accordance with issued Task Orders (TOs).

The period of performance of the CWSP IDIQ is a potential ten (10) year contract. This is not a multi-year contract as defined in FAR Part 17.103. It is anticipated that Task Order 0001 be issued upon award of the CWSP IDIQ to cover the core services work in support of PIADC for the full 10 year period, using one (1) twelve month base period and nine (9) twelve month option periods. These option periods are also referred to specifically as Program Years. Other TOs may be issued as the needs arise and the detailed specifications are defined. Anticipated future TOs efforts are considered non-core services and are broadly defined and provided in Section 3.12 of the SOW.

B.2. CONTRACT/TASK ORDER(s) STATEMENT(s) OF WORK (SOW)

Each task order will be issued with detailed specifications or a Statement of Work (SOW). The IDIQ and Task Order 0001 will be issued using the same Statement of Work (SOW), Version 1.0, dated November 07, 2016.

B.3 CONTRACT FUNDING

For purposes of payment of cost, in accordance with Section I clause, FAR 52.232-20, Limitation of Cost, the total amount allotted by the Government to this Task Order is $TBD*. This allotment for CLINs TBD* is fully funded and covers the entire period of performance.

*--this item will be completed at time of Task Oder issuance.

B.4 TASK ORDER PRICING

a. Award-Fee Contract Line Item Numbers (CLINS): These line items will be handled in accordance with the detailed procedures identified in the Award-Fee Plan (Attachment 3 of Section J).

b. Total Fee (Base and Award): Not to exceed eight percent (8%) (including proposed Base Fee) of the proposed Award Fee CLIN cost. The Base Fee shall not exceed three percent (3.00%) of the proposed Award Fee CLIN cost. The Government will NOT permit any “profit-on-profit” or “fee-on-fee” on any subcontract. The only exception to this requirement is a fixed-price subcontract awarded on the basis of adequate price competition as defined in FAR 15.403-1(c)(1) and for which certified cost and pricing data were not required.

c. CLIN Series X001, X002, and X003 (core services) pricing will be established during the competitive phase of this procurement.

d. CLIN Series X120, X121, X130, X140, and X150 (non-core services under SOW paragraph 3.12) are for future anticipated Task Order (TO)s and allow for a variety of contract types (CPAF, CPFF, FFP, and T&M) depending on the nature and complexity of the requirements. For Task Order awards in excess of (active TINA Threshold), the Contracting Officer will require certified cost or pricing data in accordance with FAR 52.215-20, Requirements for Certified Cost or Pricing Data or Data Other Than Cost or Pricing Data.

i. Firm-Fixed-Price (FFP) and Time-and-Materials (T&M) Task Orders All TOs issued on a FFP or T&M basis will be subject to the pricing set forth in Section J – List of

Attachments, Attachment 10, Representative Estimate for Future Task Orders. The labor rates in this attachment reflect fully-burdened hourly rates for each labor category and will apply to all direct labor hours, unless superseded by an active Collective Bargaining Agreement (CBA) rate. The fully-burdened labor rates include all direct labor and indirect costs applicable to that direct labor (such as fringe benefits, overhead, G&A), and profit. These fixed hourly rates are ceiling rates and will apply to the prime contractor and core team members. The contractors may elect to propose lower hourly rates on a task-by-task basis. In any case, proposed rates for TOs shall not exceed the ceiling rates established in the contract, unless superseded by the active CBA rate.

ii. Cost-Plus-Fixed-Fee (CPFF) Task Orders All TOs issued on a Cost Reimbursement basis will be priced in accordance with approved

DCAA/DCMA (or FAR Part 31, Contract Cost Principles and Procedures) rates, using Attachment 10, Representative Estimate for Future Task Orders, as a basis for negotiations. The contractor’s proposed fixed fee rate for the CLIN X130 CPFF representative task order pricing shall be considered in the negotiated price of actual CPFF task orders issued under this CLIN. The fixed fee rate may vary from the proposed rate used in the representative pricing depending on whether the actual task orders differed significantly in complexity and risk from those outlined under tab X130 of the pricing template. Direct and indirect cost rates will be established on a TO basis. For Cost Reimbursement Task Orders, the Contractor shall provide complete supporting schedules identifying all applicable direct and indirect rate estimates building up to the TO cost. Contractors shall submit their most recent DCAA approved provisional indirect billing rates, if available, and actual rates for both direct and indirect rates. Contractors without audited rates shall propose indirect rates in accordance with FAR Part 31, Contract Cost Principles and Procedures.

The fee will be negotiated for each TO consistent with statutory limitations.

iii. Cost-Plus-Award-Fee (CPAF) Task Orders

If the TO type is to be Cost-Plus Award Fee (CPAF), the fixed portion of fee, if used, and the award portion will be clearly differentiated. Payment from the award fee pool will be based on the same or similar standards and procedures outlined in Section J – List of Attachments, Attachment 3. Unawarded fees shall not be rolled over into another performance period or task order.

e. Maximum Amount: The maximum amount that the Government anticipates that it will order under this line item is identified in Section I clause 52.216-19 entitled “Order Limitations” and can be found in Section I of this solicitation. IMPORTANT NOTE—the maximum amount identified here in this note and elsewhere in this contract is an estimated amount and is not purchased under this contract. Furthermore, Government is not committed to (1) order the maximum order amount under this line item or (2) purchase any requirements that exceed the maximum order amount for the line item. The Government may purchase less than the maximum amount under this line item

B.5 ALLOTMENT OF FUNDS

This Task Order is incrementally funded with respect to both cost and fee. The amounts presently available and allotted to this TO for payment of base fee, if any, and award fee are set forth below. Base fee amount is subject to the clause entitled "FIXED FEE" (FAR 52.216-8). The amount(s) presently available and allotted to this TO for payment of cost for incrementally funded Contract Line Item Numbers is set forth in each Task Order. As provided in the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22), the Contract Line Item Numbers covered thereby, and the period of performance for which it is estimated the allotted amount(s) will be defined in each TO.

a. The parties contemplate that the Government will allot additional amounts to this Task Order from time to time for the incrementally funded Contract Line Item Numbers by unilateral contract modification, and any such modification shall state separately the amount(s) allotted for cost, the amount(s) allotted for fee, the Contract Line Item Numbers covered thereby, and the period of performance which the amount(s) are expected to cover.

b. Contract Line Item Numbers TBD* are fully funded and performance under these Contract Line item Numbers are subject to the clause of this contract entitled "LIMITATION OF COST" (FAR 52.232-20).

*--this item will be completed by the Government at the time of Task Order award.

c. The Contractor shall segregate costs for the performance of incrementally funded Contract Line Item Numbers from the costs of performance of fully funded Contract Line Item Numbers.

B.6. INDIRECT BILLING RATE CEILINGS

Pursuant to the terms of the clause of this contract entitled “Allowable Cost and Payment,” and FAR Part 42.707 Cost-Sharing Rates and Limitations on Indirect Rates Costs, the billing rates below are established as ceilings for provisional and final indirect billing purposes. The offeror shall fill in the rate table below with those same rates submitted in their competitive cost/price proposal. The Government shall not be obligated to pay any additional amounts on indirect rates above the ceiling rates as set forth herein. In the event that the final indirect rates approved by the cognizant audit agency are less than the ceiling rates agreed to herein, the rates established by the audit agency shall apply and the ceiling rates adjusted downward accordingly. Under extraordinary conditions, and at the discretion of the Contracting Officer, the contractor may request an opportunity to re-negotiate these rates.

INDIRECT

COST

BY-

PY-

PY-

PY-

PY-

PY-

PY-

PY-

PY-

PY-

Overhead

G&A

Fringe

Other Indirects

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

C.1. STATEMENT OF WORK (SOW) and TECHNICAL EXHIBITS (TEs) – see SOW & TEs associated with this IDIQ in Section J, or at the individual Task Order.

SECTION D PACKAGING AND MARKING

The following paragraphs are applicable to all CLINS:

D.1. MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with American Society for Testing and Materials (ASTM)-D-3951-15 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required.

(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows:

1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or part number when neither NSN or FSN are available.

2. Noun nomenclature cited on contract or order.

3. Quantity and unit of issue.

4. Contract, or order number.

5. From:_______________________________________________ (Contractor's Name)

(Address)

6. To: (See delivery address on page 1 or in Section F)

(iii) Markings may be applied by any means which provide legibility.

(iv) Additional markings required are stated below.

NONE

D.2. PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS)

(a) Preservation, packaging, and packing shall be in accordance with ASTM-D-3951-15 (most current edition), "Standard for Commercial Packing." The unit pack quantity that applies to items under this contract is "Industry Standard".

(b) Prohibited Packing Materials. The use of asbestos, excelsior, loose fill polystyrene, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited.

(c) Non-Manufactured Wood Packing. All non-manufactured wood utilized in wood pallets and wood containers shall be heat treated to a minimum core temperature of 56 degrees centigrade for 30 minutes and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC). Non-coniferous (hardwood) and manufactured wood, such as particleboard and plywood, are exempt from this requirement.

SECTION E INSPECTION AND ACCEPTANCE

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

E.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR Clause No. Title and Date

52.246-2 Inspection of Supplies - Fixed Price (AUG 1996)

52.246-3 Inspection of Supplies - Cost- Reimbursement (MAY 2001)

52.246-4 Inspection of Services -- Fixed-Price (AUG 1996)

52.246-5 Inspection Of Services Cost-Reimbursement (APR 1984)

52.246-6 Inspection – Time-and-Material and Labor-Hour (MAY 2001)

52.246-16 Responsibility for Supplies (APR 1984)

52.246-25 Limitation of Liability-Services (FEB 1997)

52.246-11—Higher-Level Contract Quality Requirements (DEC 2014)

The Contractor shall comply with the higher-level quality standard selected below:

Title Number Date Tailoring Quality

Management Systems --

Requirements

ISO 9001

2008*

None

Nuclear Quality Assurance

Requirements

NQA-1 2012 None

*Changing to 2015

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph

(a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology.

http://www.acquisition.gov/

The following paragraph is applicable to all CLINS:

E.2. INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity.

E.3. SCOPE OF INSPECTION

All deliverables will be inspected for content, completeness, accuracy and conformance to Task Order (TO) requirements by the Duty Officer (DO), Contracting Officer’s Representative (COR), or as detailed in individual TOs.

Inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in the TO. The scope and nature of this testing must be negotiated prior to TO issuance and will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables.

The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance or rejection unless otherwise specified in the TO.

E.4. EVALUATION AND ACCEPTANCE

The Contracting Officer or authorized representative will accomplish evaluation and acceptance of services delivered under this contract. For the purpose of this clause, the Contracting Officer's Representative (COR) named in this contract is the authorized representative. The Contracting Officer reserves the right to unilaterally designate a different or alternate Government agent as the authorized representative. The Contractor will be notified by a written notice or by a copy of the delegation of authority if a different representative is designated.

SECTION F DELIVERIES OR PERFORMANCE

F.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://acquisition.gov/comp/far/index.html or for DHS specific clauses at http://farsite.hill.af.mil/VFHSAR1.htm

52.211-16 Variation in Quantity (APRL 1984)

52.242-15 Stop-Work Order - Alternate I (AUG 1989)

52.242-17 Government Delay of Work (APRL 1984)

52.247-34 F.O.B. Destination (NOV 1991)

F.2. GOVERNMENT FURNISHED PROPERTY

(a) The Government will furnish the following property, without charge, to the Contractor for use in performance of this contract in accordance with FAR 52.245-9(b) Use of Government Property.

PROPERTY QUANTITY DATE *

See Attachment 1: SOW & Technical Exhibit (TE) “GFP Inventory Report”

(b) Only the property listed above in the quantity shown will be furnished by the Government. The Contractor shall furnish all other property required for performance of this contract.

(c) The Contractor shall be responsible for the control and accountability of Government property on behalf of PIADC. Contract property is all property, both real and personal, that is used in performance of the contract. It includes facilities, material, special tooling, special test equipment and agency-specific property (such as personal digital assistants, radios, etc.), and data (such as electronic documentation, system passwords, etc.). Contract property includes both Contractor-Acquired Property (CAP) and Government-Furnished Property (GFP) in the possession of Contractors. CAP items become Government property. The Contractor shall provide DHS Form 700- 5 to the Government on an annual basis.

(d) Control and Accountability of Contract Property

Effective control and accountability must be maintained for all contract property as an integral part of DHS contracts, and in accordance with FAR Parts 45, “Government Property” 52.245-1 (April 2012), and “Government Property”, Homeland Security Acquisition Regulation (HSAR) Chapter 3045. If there is a discrepancy in guidance between these documents, the Homeland Security Acquisition Regulation and Manual must be read as subordinate guidance to the FAR.

(e) Contractor Responsibilities

Per the contract and FAR Part 45, The Contractor shall perform the following services:

• Use Contract Property as it was authorized and for the purpose intended.

• Account for all contract property in their possession, whether CAP or GFP.

http://acquisition.gov/comp/far/index.html http://farsite.hill.af.mil/VFHSAR1.htm

• Establish and maintain a property control system to control, protect, preserve, maintain and record the disposition of all contract property.

• Maintain and make available the records of all contract property until relieved of such responsibilities by the Government.

• Report Lost, Damaged or Destroyed (LDD) property or unneeded contract property as soon as it becomes known to the PIADC Government Property Administrator (GPA) in accordance with FAR 52.245-1(f)(1)(VI).

• Conduct periodic physical inventories and report results to the GPA no later than September 15 of each year, and no later than 30 days before the completion of the contract in accordance with FAR 52.245-1(f)(1)(IV).

• Submit an annual financial report using DHS Form 700-5, Contractor Report of Government Property”, no later than September 15 of each year, and no later than 30 days before the completion of the contract.

(f) Property Control System

The Contractor shall provide a property management system that effectively manages materials, equipment, spare parts, and general property assets that are provided to them as GFE, or are procured by them. Life cycle management considerations and minimization of storage space are ongoing concerns.

The Contractor shall provide a Property Control System which contains the following functional elements:

• property management;

• acquisition;

• receiving;

• identification;

• records;

• movement;

• storage;

• physical inventories;

• reports of LDD property;

• consumption;

• utilization;

• maintenance;

• subcontractor control;

• disposition;

• contract property closeout; and,

• loss reporting (timely)

(g) Government-owned IT and Telecommunication Assets

The Contractor shall supply, use regularly and in emergency situations, and maintain IT and telecommunication equipment such as computers (e.g. desktop and laptop units), telephones (e.g. land lines, mobile), radios, and Personal Data Assistants (PDAs) such as Blackberries. Use of Government-owned assets is a privilege and shall only be used for Government-based business only. The Contractor shall determine which Contracted roles shall receive these assets and provide and maintain a list of such personnel for Government approval. Along with monitoring initial asset provision, the Contractor shall return assets on a timely basis upon employee termination.

The Contractor shall track utilization and provide annual reports (and upon request) to the Government.

F.3. APPOINTMENT OF PROPERTY ADMINISTRATOR

The person named below is hereby designated by the Contracting Officer as the Property Administrator to ensure compliance with the contract requirements and the provisions of the Federal Acquisition Regulations Part 45 with respect to the control of Government property.

Name: David Fiore, Government Property Custodian Activity: US DHS Science & Technology Address: 40550 Route 25, Orient Point, NY 11957 Phone No: (631) 323-3244 Email: david.fiore@st.dhs.gov

F.4. DURATION OF CONTRACT PERIOD

This contract shall become effective on the date of award, and shall continue in effect during the period ending 1 year later, unless terminated or extended in accordance with other provisions herein. If the contract is extended, the total duration of the contract period may be up to 10 years.

F.5. PLACE OF PERFORMANCE (SERVICES)

Services performed hereunder by the Contractor shall be performed primarily on Plum Island, New York. Other possible locations of Performance are Orient Point, NY, and Old Saybrook, CT.

F.6. CONTRACT DELIVERABLES & REPORTS

List of Deliverables and Reports - refer to this Statement of Work section 4.0.

mailto:david.fiore@st.dhs.gov

SECTION G CONTRACT ADMINISTRATION DATA

G.1. The Small Business Administration (SBA) is the Prime contractor on this contract, even though Section A reflects otherwise.

G.2. CONTRACTOR POINT OF CONTACT

(a) In the event your firm receives a contract as a result of this solicitation, designate a person whom the Government may contact during the period of the contract for prompt contract administration.

NAME:

TITLE:

ADDRESS:

PHONE:

EMAIL:

(b) This contract shall be subject to Contract Performance Assessment Reporting System (CPARS). Designate an individual who has the authority to review and provide comments on Government appraisals of your firm's performance under this contract.

NAME:

TITLE:

ADDRESS:

PHONE:

EMAIL:

G.3. CONTRACT ADMINISTRATION PLAN

In order to expedite administration of this contract/order, the following delineation of duties is provided. The names, addresses, e-mail addresses and phone numbers for each individual or office is specified below or will be provided upon award. The individual/ position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

1. PROCURING CONTRACTING OFFICER (PCO) responsibility as defined in FAR 1.602 & FAR 42.302.

Name: Joseph P. Pianese Address: Department of Homeland Security 40550 Route 25

Orient Point, NY 11957 E-mail: Joseph.Pianese@st.dhs.gov Phone: 631-323-3281

2. DEFENSE CONTRACT AUDIT AGENCY (DCAA) is responsible for audit verification and final audit of the contract prior to final payment to the contractor.

Name: TO BE DETERMININED POST CONTRACT AWARD E-mail:

Phone:

mailto:Joseph.Pianese@st.dhs.gov

3. PAYING OFFICE is responsible for payment of proper invoices after acceptance is documented.

Name: Burlington Finance Center Address: PO Box 5000, 166 Sycamore Street, Williston, VT 05403 E-mail:

4. INVOICE INSTRUCTIONS

Submit your invoice via e-mail (only) to the following addresses:

1. ST.Invoicing@hq.dhs.gov

2. InvoiceSAT.Consolidation@ice.dhs.gov

3. DHS's Contracting Officer, Joseph P. Pianese at joseph.pianese@st.dhs.gov

4. DHS's Contracting Officer’s Representative - TBD Post Award

5. DHS's Contract Specialist, Kimberly O'Neill at kimberly.oneill@st.dhs.gov

The subject line of the electronic mail message shall contain: Contractor Name, DHS Order Number; Contractor's Invoice Number; and Date of Invoice.

5. CONTRACTING OFFICER'S REPRESENTATIVE (COR) is responsible for:

a. Liaison with personnel at the Government Facility and the contractor personnel on site;

b. Technical advice/recommendations/clarification on the statement of work (SOW);

c. An independent government cost estimate of the effort described in the SOW of the contract

d. Quality assurance of services performed and acceptance of the services or deliverables;

e. Security requirements on Government installation;

f. Review of invoice/cost vouchers for payment;

g. Generation of CPARS report after completion of each period of performance (i.e., base period, option year, etc.).

h. Maintaining cognizance over the performance of any assigned Technical Assistants (TA's).

i. Perform periodic surveillance/audits of contractor performance.

NOTE: When, in the opinion of the Contractor, the COR or PM requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract; or until the issue has otherwise been resolved.

THE COR and PM ARE NOT CONTRACTING OFFICERS AND DO NOT HAVE THE AUTHORITY TO DIRECT THE ACCOMPLISHMENT OF EFFORT WHICH IS BEYOND THE SOW OR THE BASELINE IN THE

CONTRACT/TASK ORDER.

COR Name: TBD Post Award Address: Department of Homeland Security, 40550 Route 25, Orient Point, NY 11957 E-mail:

Phone:

In the event that the COR named above is absent due to leave, illness, or official business, all responsibilities and functions assigned to the COR will be the responsibility of the Alternate COR listed below:

ACOR Name: TBD Post Award Address: Department of Homeland Security, 40550 Route 25, Orient Point, NY 11957 E-mail:

Phone:

mailto:ST.Invoicing@hq.dhs.gov mailto:InvoiceSAT.Consolidation@ice.dhs.gov mailto:joseph.pianese@st.dhs.gov mailto:TBD

6. PROGRAM MANAGER is responsible for:

a. Execution of the Earned Value Management System (EVMS)

b. Managing cost, schedule, and performance within the Performance Management Baseline (PMB)

PM Name: TBD Post Award Address: Department of Homeland Security, 40550 Route 25, Orient Point, NY 11957 E-mail:

Phone:

G.4. PAYMENT DOCUMENTATION AND PROCESS (FAR 32.905)

(a) General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(b) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).

Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(ix) Electronic funds transfer (EFT) banking information.

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153462

52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(c) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made. This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:

(1) Contract number or other authorization for supplies delivered or services performed.

(2) Description of supplies delivered or services performed.

(3) Quantities of supplies received and accepted or services performed, if applicable.

(4) Date supplies delivered or services performed.

(5) Date that the designated Government official—

(i) Accepted the supplies or services; or

(ii) Approved the progress payment request, if the request is being made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect- Engineer Contracts.

(6) Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.

(d) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.

(e) Payment office. The designated payment office will annotate each invoice and receiving report with the actual date it receives the invoice.

https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1152507 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1152607

G.5. ADDITIONAL INVOICE INSTRUCTIONS FOR SCIENTIFIC-RELATATED ITEMS/SERVICES

Funding for much of the scientific support related items and services allocated to this contract/task order is provided from different Directorates within DHS. The contractor shall ensure these costs are separately identified in each invoice and indicate the totals in order to facilitate Government access and visibility into these costs. The Government and Contractor may have to collaborate post-award to work out the specific scientific-related costs applicable to this additional invoice instruction.

G.6. POST-AWARD CONFERENCES

(a) An on-site post-award conference shall be conducted within FOURTEEN (14) days after contract award with representatives of the Contractor, the Program Office, and the Contracting Office. The Contracting Officer, or designated representative, initiating the conference will designate, or act as, the Chairperson and make arrangements for the conference.

(b) The requirement for a post-award conference shall in no event constitute ground for excusable delay by the Contractor in performance of any provision in the contract.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1. CLAUSES INCORPORATED BY REFERENCE

52.234-4 Earned Value Management System (MAY 2014)

CLAUSES INCORPORATED BY FULL TEXT

H.2 LIMITATION OF LIABILITY-INCREMENTAL FUNDING

In accordance with FAR Clause 52.232-22 Limitation of Funds paragraph (b) the specified amount identified in the Schedule, this contract/task order is incrementally funded and the amount currently available for payment hereunder is limited to $TBD* exclusive of fee. It is estimated that these funds will cover the cost of performance through TBD*. Subject to the provisions of the clause entitled "Limitation of Funds" (FAR 52.232-22) of the General Provisions of this contract, no legal liability on the part of the Government for payment in excess of this amount shall arise unless additional funds are made available and are incorporated as a modification to this contract.

*--this item will be completed at time of Task Oder issuance.

H.3. WAGE DETERMINATION APPLICABLE, SERVICE CONTRACT ACT

1. U.S. Department of Labor Wage Determinations (Attachment 2), and current Collective Bargaining Agreement (Attachment 4) set forth the minimum wages for Service Contract Act applicable labor categories.

2. Offerors are advised that management/professional categories are exempt from the Service Contract Act and therefore, are not covered by the Wage Determination.

3. It is expected that the labor force for this contract will be performing primarily on Plum Island and its harbors at Orient Point, NY and Old Saybrook, CT. However, it is understood that there may be some work requirements in other work areas.

4. In the event that any labor categories are not listed on an applicable Wage Determination, the conformance procedures stated in FAR Clause 52.222-41(c)(2) shall be followed by the Contractor.

H.4. SAFEGUARDING SENSITIVE INFORMATION

HSAR Class Deviation 15-01, Attachment 1: Safeguarding of Sensitive Information (MAR 2015)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology.

Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Ethnic or religious affiliation

(5) Sexual orientation

(6) Criminal History

(7) Medical Information

(8) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

(1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only) Information

(2) DHS Sensitive Systems Policy Directive 4300A

(3) DHS 4300A Sensitive Systems Handbook and Attachments

(4) DHS Security Authorization Process Guide

(5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program

(7) DHS Information Security Performance Plan (current fiscal year)

(8) DHS Privacy Incident Handling Guidance

(9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

(10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

(11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

(1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only) Information describes how Contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identifiable Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121-01- 007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program.

(2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as specified in the contract.

(3) All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

(4) The Contractor’s invoicing, billing, and other recordkeeping systems maintained to support financial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed.

(e) Authority to Operate. The Contractor shall not input, store, process, output, and/or transmit sensitive information within a Contractor IT system without an Authority to Operate (ATO) signed by the Headquarters or Component CIO, or designee, in consultation with the Headquarters or Component Privacy Officer. Unless otherwise specified in the ATO letter, the ATO is valid for three (3) years. The Contractor shall adhere to current Government policies, procedures, and guidance for the Security Authorization (SA) process as defined below.

(1) Complete the Security Authorization process. The SA process shall proceed according to the DHS Sensitive Systems Policy Directive 4300A (Version 11.0, April 30, 2014), or any successor publication, DHS 4300A Sensitive Systems Handbook (Version 9.1, July 24, 2012), or any successor publication, and the Security Authorization Process Guide including templates.

(i) Security Authorization (SA) Process Documentation. SA documentation shall be developed using the Government provided Requirements Traceability Matrix and Government security documentation templates. SA documentation consists of the following: Security Plan, Contingency Plan, Contingency Plan Test Results, Configuration Management Plan, Security Assessment Plan, Security Assessment Report, and Authorization to Operate Letter. Additional documents that may be required include a Plan(s) of Action and Milestones and Interconnection Security Agreement(s). During the development of SA documentation, the Contractor shall submit a signed SA package, validated by an independent third party, to the COR for acceptance by the Headquarters or Component CIO, or designee, at least thirty (30) days prior to the date of operation of the IT system. The Government is the final authority on the compliance of the SA package and may limit the number of resubmissions of a modified SA package. Once the ATO has been accepted by the Headquarters or Component CIO, or designee, the Contracting Officer shall incorporate the ATO into the contract as a compliance document. The Government’s acceptance of the ATO does not alleviate the Contractor’s responsibility to ensure the IT system controls are implemented and operating effectively.

(ii) Independent Assessment. Contractors shall have an independent third party validate the security and privacy controls in place for the system(s). The independent third party shall review and analyze the SA package, and report on technical, operational, and management level deficiencies as outlined in NIST Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations. The Contractor shall address all deficiencies before submitting the SA package to the Government for acceptance.

(iii) Support the completion of the Privacy Threshold Analysis (PTA) as needed. As part of the SA process, the Contractor may be required to support the Government in the completion of the PTA. The requirement to complete a PTA is triggered by the creation, use, modification, upgrade, or disposition of a Contractor IT system that will store, maintain and use PII, and must be renewed at least every three (3) years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide all support necessary to assist the Department in completing the PIA in a timely manner and shall ensure that project management plans and schedules include time for the completion of the PTA, PIA, and SORN (to the extent required) as milestones.

Support in this context includes responding timely to requests for information from the Government about the use, access, storage, and maintenance of PII on the Contractor’s system, and providing timely review of relevant compliance documents for factual accuracy. Information on the DHS privacy compliance process, including PTAs, PIAs, and SORNs, is accessible at http://www.dhs.gov/privacy-compliance.

(2) Renewal of ATO. Unless otherwise specified in the ATO letter, the ATO shall be renewed every three (3) years.

The Contractor is required to update its SA package as part of the ATO renewal process. The Contractor shall update its SA package by one of the following methods: (1) Updating the SA documentation in the DHS automated information assurance tool for acceptance by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls; or (2) Submitting an updated SA package directly to the COR for approval by the Headquarters or Component CIO, or designee, at least 90 days before the ATO expiration date for review and verification of security controls. The 90 day review process is independent of the system production date and therefore it is important that the Contractor build the review into project schedules. The reviews may include onsite visits that involve physical or logical inspection of the Contractor environment to ensure controls are in place.

(3) Security Review. The Government may elect to conduct random periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The Contractor shall afford DHS, the Office of the Inspector General, and other Government organizations access to the Contractor’s facilities, installations, operations, documentation, databases and personnel used in the performance of this contract. The Contractor shall, through the Contracting Officer and COR, contact the Headquarters or Component CIO, or designee, to coordinate and participate in review and inspection activity by Government organizations external to the DHS. Access shall be provided, to the extent necessary as determined by the Government, for the Government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of Government data or the function of computer systems used in performance of this contract and to preserve evidence of computer crime.

(4) Continuous Monitoring. All Contractor-operated systems that input, store, process, output, and/or transmit sensitive information shall meet or exceed the continuous monitoring requirements identified in the Fiscal Year 2014 DHS Information Security Performance Plan, or successor publication. The plan is updated on an annual basis.

The Contractor shall also store monthly…