SECTION D-K.doc

HSSCCG-11-R-00010

SECTION D – PACKAGING AND MARKING

D.1 Reports and Deliverables

THIS PAGE IS INTENTIONALLY LEFT BLANK.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.252-2 Clauses Incorporated by Reference FEB 1998

This contract(s) incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far (End of clause) 52.246-4 Inspection of Services – Fixed-Price AUG 1996 52.246-5 Inspection of Services – Cost Reimbursement APR 1984

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-2 Clauses Incorporated by Reference FEB 1998

This contract(s) incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far (End of clause) 52.242-15 Stop-Work Order AUG 1989

52.242-15 Stop-Work Order - Alternate I APR 1984 F.2 Contract Performance Period

The contract(s) period of performance shall be a base year of twelve months. In addition, the contract(s) contains four option periods of 12 months each to extend the term of performance of services. The option periods may extend the period of performance up to five years. Exercise of options is the sole prerogative of the Government. Task Orders may be issued at any time during the ordering period but will not extend beyond four (4) months of the IDIQ contract expiration date. The period of performance will be specified in the task order issued against the contract(s).

F.3 Deliverables

Deliverables shall be provided in accordance with Section C, Performance Work Statement (PWS), Paragraph 12 & 14.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

This contract(s) will be administered by:

Department of Homeland Security (DHS)

U.S. Citizenship & Immigration Services (USCIS)

USCIS Contracting Office

70 Kimball Avenue

South Burlington, VT 05403

G.2 Funding and Appropriation Data

Funding and appropriation data under this contract(s) will be specified on each task order issued against the contract(s) and in individual modifications to the task orders.

G.3 Invoice Requirements

The contractor shall submit individual invoices by the 10th working day following the end of each monthly reporting period. Electronic invoice and back-up information shall be submitted directly to the COTR for certification. The contractor shall also provide electronic copies of the invoices and back-up information to the Contracting Officer and Program Manager. Invoice back-up information shall be provided as follows:

(1) Applicant Processing. Provide total monthly number of Biometrics/I-90 applicants processed 1) by CLIN; 2) by ASC site under each CLIN; and 3) for total program. Provide price calculations and monthly subtotal price by CLIN. Provide total monthly price for Applicant Processing. Provide total monthly hours worked for each ASC job category 1) by CLIN and 2) by ASC site.

(2) Other Direct Costs Section. Provide a breakdown of all approved costs by region, as follows:

Facilities – Provide separate itemized categories for each type of facility cost, e.g., Leases/Rent, Janitorial Service, Electricity, Water/Sewer, Telephone Service, Long Distance, Natural Gas/Heating Oil, Build-outs/Alterations, Repair/Maintenance, Security, Licenses/Fees, Outside Rentals, Insurance, Garbage and Waste Disposal, Pest Control, Security Monitoring Service, etc. Itemize each transaction to include vendor, item description/site, transaction date, and dollar amount. Subtotal each category and provide the total monthly amount for Facilities.

Equipment/Furniture – Provide one itemized category for Equipment and one for Furniture. Itemize each transaction to include vendor, item description/site, transaction date, and dollar amount. Subtotal each category and provide the total monthly amount for Equipment/Furniture.

Supplies – Itemize each transaction to include vendor, item description, transaction date, and dollar amount. Provide the total monthly amount for Supplies.

Travel – Provide separate itemized categories for each type of travel cost, e.g., Airfare, Lodging, Per Diem, Rental Car, and Miscellaneous. Itemize each transaction to include name of traveler, reason for travel, destination, beginning/ending dates of travel, and dollar amount. Provide the total monthly amount for Travel.

G.4 Task Orders, Modifications, Change Orders, Deviations

(a) The contractor shall be authorized to commence task order performance only following issuance of a task order. The individuals authorized to issue orders under this contract are identified as USCIS Contracting Office-Contracting Officers.

(b) The Contracting Officer retains the sole right to issue modifications and change orders. In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract(s) between the Contractor and a person other than the Contracting Officer be effective or binding upon USCIS. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

(c) The Contracting Officer may issue modifications and change orders by mail, facsimile or by electronic commerce methods.

G.5 Final Payment

As a condition precedent to final payment, a release discharging the Government, its officers, agents and employees of and from all liabilities, obligations, and claims arising out or under this contract shall be completed. A release of claims will be forwarded to the contractor at the end of each performance period for contractor completion as soon thereafter as practicable.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Department of Labor Wage Determination

Department of Labor Wage Determinations and Collective Bargaining Agreements (in accordance with FAR Section 22), as listed in Section J Attachment A, are hereby incorporated into and made a part of this contract.

H.2 Insurance

The Contractor shall procure and maintain adequate insurance at the Contractor’s expense during the term of this contract, and any extensions. Before starting work under this contract, the Contractor shall provide to the Contracting Officer evidence in the form of certificates of insurance as evidence of the existence of insurance coverage in amounts not less than the minimum amounts specified by FAR 28.307-2(a), (b), (c).

H.3 Evaluation of Performance for Contractor Performance Reports

(a) Past performance information is relevant information regarding a Contractor’s actions and conduct on previously awarded contracts. It includes such things as a Contractor’s ability to conform to contract requirements and specifications, adherence to contract schedules, quality performance, cost control, reasonable and cooperative behavior, and commitment to customer satisfaction.

(b) For active contracts which exceed the Simplified Acquisition Threshold, the Federal Acquisition Regulation (FAR) 42.1502 requires federal agencies to prepare Contractor performance evaluations. Performance evaluations are completed and forwarded to the Contractor for review within thirty (30) calendar days from the time the work under the contract is completed for each contract year. Interim evaluations by the Contracting Officer may be completed as necessary. The Contractor has thirty (30) days to reply with comments, rebutting statements, or additional information that will be made part of the official record. Performance evaluation reports will be available to Government contracting personnel for their use in making responsibility determinations and source selection purposes on future contract actions.

H.4 Subcontracting to Small Business

The contractor agrees, if contractor is other than a Small Business concern, to maintain a goal to subcontract a minimum of thirty percent (30%) of the value of the contract(s) to Small Business Concerns.

H.5 Small Business Subcontracting Plan

A Small Business Subcontracting Plan is required in accordance with FAR 52.219-9, Small Business Subcontracting Plan, and must be submitted with the proposal by any business other than a Small Business. The negotiated Small Business Subcontracting Plan will be incorporated into the awarded contract(s).

H.6 Cooperation between Contractors if more than one IDIQ contract awarded If there is more than one IDIQ contract awarded to different contractors, the Government anticipates there may be combined training, and various meetings with both contractors.

H.7 Contractor’s Proposal

Inclusion of specific elements of the Contractor’s proposal may be incorporated into the contract(s).

H.8 Advertisements, Publicizing Awards, and News Releases All press releases or announcements about agency programs, projects, and contract awards need to be cleared by the Program Office and the Contracting Officer. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Program Office and the Contracting Officer.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.9 Small Disadvantaged Business Participation Targets

The solicitation contains a Small Disadvantaged Business (SDB) Participation evaluation sub-factor. In accordance with FAR 19.1202-4, the proposed NAICS Industry Sub-sector targets will be incorporated into this contract. SDB Participation Program – Disadvantaged Status and Reporting as required by FAR 52.219-25 shall be accomplished on an annual basis.

H.10 Representations and Certifications

The Representations and Certifications in Section K will be incorporated into the awarded contract.

H.11 Personally Identifiable Information (PII)

The performance of this contract has been determined to have the potential of allowing access by Contractor employees to Personally Identifiable Information (PII), which is protected under the Privacy Act of 1974, as amended at 5 USC 552a. The Contractor is responsible for ensuring all employees who have access to information protected under the Privacy Act complete initial and annual mandatory USCIS Privacy Awareness Training. Initial training shall be completed within 90 days of the employees’ entrance on duty (EOD) and at least annually thereafter. The Contractor shall use the web-based training titled “A Culture of Privacy Awareness” which is available through the USCIS EdVantage training system. Any employees who do not have access to the EdVantage system shall take the training via a DVD, which will be provided by USCIS. The Contractor shall certify, not later than December 1st of each year that its employees have completed this training. The certification of the completion of the training by all employees shall be provided to both the COTR and the CO.

H.12 Organizational Conflict of Interest

(a) The contractor warrants that, to the best of the contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5 Organizational and Consultant Conflicts of Interest, or that the contractor has disclosed all such relevant information.

(b) Prior to commencement of any work, the contractor agrees to notify the CO immediately that to the best of its knowledge and belief, no actual or potential conflict of interest exists or to identify to the CO any actual or potential conflict of interest the firm may have. In emergency situations, however, work may begin but notification shall be made within five (5) working days.

(c) The contractor agrees that if an actual or potential organizational conflict of interest is identified during performance, the contractor shall immediately make a full disclosure in writing to the CO. This disclosure shall include a description of actions which the contractor has taken or proposes to take, after consultation with the CO, to avoid, mitigate, or neutralize the actual or potential conflict of interest. The contractor shall continue performance until notified by the CO or any contrary action to be taken.

(d) Remedies – USCIS may terminate the contract(s) for convenience, in whole or in part, if it deems such termination necessary to avoid organizational conflict of interest. If the contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose it or misrepresented relevant information to the CO, the Government may terminate the contract(s) for default, debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or the contract.

H.13 Davis-Bacon Act

The Davis-Bacon Act and FAR clauses referenced in Sections I (*) apply in the event a task order is issued for build out of new Stand Alone sites and improvements, refurbishment, and alterations to existing Stand Alone facilities (Reference PWS, Page C-11, Construction Management). The applicable wage determinations will be incorporated at the time of task order issuance. Davis-Bacon Act wage determinations can be found at http://www.wdol.gov.

SECTION I – CONTRACT CLAUSES

I.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 these addresses: www.arnet.gov/far

52.202-1

Definitions

JUL 2004

52.203-3

Gratuities

APR 1984

52.203-5

Covenant Against Contingent Fees

52.203-6

Restrictions on Subcontractor Sales to the Government

SEP 2006

52.203-7

Anti-Kickback Procedures

OCT 2010

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10

Price or Fee Adjustment for Illegal or Improper

Activity

JAN 1997

52.203-12

Limitation on Payments to Influence Certain

Federal Transactions

52.203-13

Contractor Code of Business Ethics and

Conduct

APR 2010

52.203-14

Display of Hotline Poster(s)

DEC 2007

52.204-2

Security Requirements

AUG 1996 52.204-4

Printed or Copied Double-Sided on Recycled

Paper

AUG 2000

52.204-7

Central Contractor Registration

APR 2008

52.204-9

Personal Identity Verification of Contractor

Personnel

JAN 2011

52.204-10 Reporting Executive Compensation and

First-Tier Subcontract Awards JUL 2010 52.209-6

Protecting the Governments Interest When

Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

DEC 2010

52.211-5 Material Requirements AUG 2000

52.215-2

Audit and Records--Negotiation

OCT 2010

52.215-8

Order of Precedence--Uniform Contract Format

OCT 1997

52.215-10

Price Reduction for Defective Cost or Pricing

Data

52.215-12

Subcontractor Cost or Pricing Data

OCT 2010

52.215-14

Integrity of Unit Prices

52.215-17

Waiver of Facilities Capital Cost of Money

OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data - Modifications

Alternate IV OCT 2010

52.215-23

Limitations on Pass-Through Charges

OCT 2009

52.216-7 Allowable Cost and Payment

DEC 2002

52.219-4

Notice of Price Evaluation Preference for

HUBZone Small Business Concerns

JAN 2011

52.219-8

Utilization of Small Business Concerns

JAN 2011

52.219-9

Small Business Subcontracting Plan

JAN 2011

Alternate II OCT 2001

52.219-16

Liquidated Damages – Subcontracting Plan

JAN 1999

52.219-25

Small Disadvantaged Business Participation

Program - Disadvantaged Status and Reporting DEC 2010 52.219-28

Post-Award Small Business Program

Representation APR 2009 52.222-3

Convict Labor

JUN 2003

52.222-4

Contract Work Hours and Safety Standards

Act - Overtime Compensation

JUL 2005

*52.222-6

Davis-Bacon Act

*52.222-7

Withholding of Funds

FEB 1988

*52.222-8

Payrolls & Basic Records

JUN 2010

*52.222-9

Apprentices & Trainees

*52.222-10

Compliance with Copeland Act Requirements

FEB 1988

*52.222-11

Subcontracts (Labor Standards)

*52.222-12

Contract Termination – Debarment

FEB 1988

*52.222-13

Compliance with Davis-Bacon Related Act

Regulations

*52.222-14

Disputes Concerning Labor Standards

FEB 1988

*52.222-15

Certification of Eligibility

*52.222-16

Approval of Wage Rates

52.222-21

Prohibition of Segregated Facilities

FEB 1999

52.222-26

Equal Opportunity

MAR 2007

*52.22-30

Davis-Bacon Act – Price Adjustment (None or

DEC 2001

Separately Specified Method) 52.222-35

Equal Opportunity Veterans

SEP 2010

52.222-36

Affirmative Action for Workers with

Disabilities

52.222-37

Employment Reports Veterans

52.222-40

Notification of Employees Rights under the

National Labor Relations Act

DEC 2010

52.222-41

Service Contract Act of 1965, as Amended

NOV 2007

52.222-43 Fair Labor Standards Act and Service

Contract Act—Price Adjustment (Multiple

Year and Option Contracts)

SEP 2009

52.222-50

Combating Trafficking in Persons

FEB 2009

52.222-54 Employment Eligibility Verification JAN 2009

52.223-5

Pollution Prevention and Right-to-Know

Information

AUG 2003

52.223-6

Drug-Free Workplace

MAY 2001

52.223-10

Waste Reduction Program

AUG 2000

52.223-14

Toxic Chemical Release Reporting

AUG 2003

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-16 IEEE 1680 Standard for the Environmental

Assessment of Personal Computer Products DEC 2007 52.223-18 Contractor Policy to Ban Text Messaging While

Driving

52.224-1

Privacy Act Notification

52.224-2

Privacy Act

52.225-13

Restrictions on Certain Foreign Purchases

JUN 2008

52.226-1

Utilization of Indian Organizations and

Indian-Owned Economic Enterprises

JUN 2000

52.227-1

Authorization and Consent

52.227-2

Notice and Assistance Regarding Patent and Copyright Infringement

52.227-3

Patent Indemnity

52.227-14 Rights in Data – General

52.227-16

Additional Data Rights

JUN 1987

52.227-17

Rights in Data – Special Works

*52.228-3

Worker’s Compensation Act (Defense Base

Act) 52.228-7

Insurance - Liability to Third Persons

MAR 1996

52.229-3 Federal, State and Local Taxes APR 2003

52.230-2

Cost Accounting Standards

52.230-3

Disclosure and Consistency of Cost

Accounting Practices

OCT 2008

52.230-4

Consistency in Cost Accounting Practices

AUG 1992

52.230-6

Administration of Cost Accounting Standards

MAR 2008

52.232-1 Payments APR 1984

52.232-8 Discounts for Prompt Payments FEB 2002

52.232-9

Limitation on Withholding of Payments

APR 1984

52.232-11 Extras APR 1984

52.232-17

Interest

52.232-18

Availability of Funds

52.232-22

Limitation of Funds

52.232-23

Assignment of Claims

JAN 1986

52.232-25

Prompt Payment

OCT 2008

Alternate I

FEB 2002

52.232-33

Payment by Electronic Funds Transfer -

Central Contractor Registration

OCT 2003

52.233-1

Disputes

JUL 2002

52.233-3

Protest After Award

AUG 1996

Alternate I

JUN 1985

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.237-2

Protection of Government Buildings, Equipment and Vegetation

52.237-3

Continuity of Services

JAN 1991

52.242-1

Notice of Intent to Disallow Costs

52.242-3

Penalties for Unallowable Costs

MAY 2001

52.242-4

Certification of Final Indirect Costs

JAN 1997

52.242-13

Bankruptcy

JUL 1995

52.243-1 Changes – Fixed Price AUG 1987

Alternate III APR 1984

52.243-2

Changes - Cost Reimbursement

AUG 1987

Alternate II

52.243-7

Notification of Changes

52.244-5

Competition in Subcontracting

DEC 1996

52.244-6

Subcontracts for Commercial Items

DEC 2010

52.245-1

Government Property

AUG 2010

52.245-9

Use and Charges

AUG 2010

52.246-20 Warranty of Services MAY 2001

52.246-25

Limitation of Liability - Services

FEB 1997

52.248-1

Value Engineering

52.249-1 Termination for Convenience of the Government (Fixed-Price) MAY 2004 52.249-6

Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply and Service) APR 1984

52.249-14

Excusable Delays

52.251-1

Government Supply Sources

AUG 2010

52.253-1

Computer Generated Forms

JAN 1991

I.2. FAR Clauses in Full Text

FAR 52.216-18 Ordering OCT 1995

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued during the base period and each option period to include exercise of an extension pursuant to FAR 52.217-8 or FAR 52.237-3.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) FAR 52.216-19 Order Limitations OCT 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000 (Group A, Group B) $50,000.00 (Group A/B), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $130M (Group A, Group B) $260M (Group A/B);

(2) Any order for a combination of items in excess of $200M (Group A, Group B) $400M (Group A/B); or

(3) A series of orders from the same ordering office within one (1) week that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) FAR 52.216-22 Indefinite Quantity OCT 1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract beyond 4 months after expiration of the IDIQ contract.

(End of clause)

FAR 52.217-8

Option to Extend Services

NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days prior to expiration of contract effective period.

(End of clause)

FAR 52.217-9

Option to Extend the Term of the Contract

MAR 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

FAR 52.222-42

Statement of Equivalent Rates for Federal Hires

MAY 1989

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee class Monetary wage - Fringe Benefits

Unarmed Guard GS-0085 Grade 4 Step 4 $14.75 36.25% Biometric Technician - Immigration Services Clerk GS-0303 Grade 5 Step 4 $16.50 36.25% Supervisory Site Manager GS-301 Grade 11 Step 4 $30.26 36.25%

FAR 52.252-4

Alterations in Contract

Portions of this contract are altered as follows: None.

(End of Clause)

FAR 52.252-6

Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(Deviation)" after the date of this clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) (CFR 48, Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause) I.3 Homeland Security Acquisition Regulations (HSAR) clauses incorporated by reference.

The full text of HSAR clauses may be accessed electronically at this internet address: http://www.dhs.gov/xlibrary/assets/opnbiz/cpo_hsar_finalrule.pdf 3052.219-70 Small Business Subcontracting Reporting

JUN 2006

3052.222-70 Strikes or Picketing Affecting Timely

DEC 2003

Completion of the Contract Work

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility 3052.242-71 Dissemination of Contract Information

3052.242-72 Contracting Officer's Technical Representative

DEC 2003

3052.245-70 Government Property Reports [Deviation]

AUG 2008

I.4 Homeland Security Acquisition Regulations (HSAR) clauses in full text:

HSAR 3052.204-71

Contractor Employee Access

JUN 2006

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or 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 S SI,” 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.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of clause)

ALTERNATE I JUN 2006

When the contract will require contractor employees to have access to Information Technology (IT) resources, add the following paragraphs:

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer’s Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS.

(h) The contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

(j) Contractor access will be terminated for unauthorized use. The contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1) The individual must be a legal permanent resident of the U. S. or a citizen of Ireland, Israel, the Republic of the Philippines, or any nation on the Allied Nations List maintained by the Department of State;

(2) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and

(3) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

(End of clause)

HSAR 3052.215-70

Key Personnel or Facilities

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

Corporate Program Manager, On-Site (USCIS Headquarters) Program Manager, Facilities Manager, Financial Manager, Quality and Operations Manager, Logistics Manager, Human Resources Manager

(End of clause)

HSAR 3052.219-71

DHS Mentor-Protégé Program

JUN 2006

(a) Large businesses are encouraged to participate in the DHS Mentor-Protégé program for the purpose of providing developmental assistance to eligible small business protégé entities to enhance their capabilities and increase their participation in DHS contracts.

(b) The program consists of:

(1) Mentor firms, which are large prime contractors capable of providing developmental assistance;

(2) Protégé firms, which are small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small business concerns; and

(3) Mentor-Protégé agreements, approved by the DHS OSDBU.

(c) Mentor participation in the program means providing business developmental assistance to aid protégés in developing the requisite expertise to effectively compete for and successfully perform DHS contracts and subcontracts.

(d) Large business prime contractors serving as mentors in the DHS Mentor-Protégé program are eligible for a post-award incentive for subcontracting plan credit. The mentor may receive credit for costs it incurs to provide assistance to a protégé firm. The mentor may use this additional credit towards attaining its subcontracting plan participation goal under the same or another DHS contract. The amount of credit given to a mentor firm for these protégé developmental assistance costs shall be calculated on a dollar for dollar basis and reported in the Summary Subcontract Report via the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov. For example, a mentor/large business prime contractor would report a $10,000 subcontract to the protégé/small business subcontractor and $5,000 of developmental assistance to the protégé/small business subcontractor as $15,000. The Mentor and Protégé will submit a signed joint statement agreeing on the dollar value of the developmental assistance and the Summary Subcontract Report.

(e) Contractors interested in participating in the program are encouraged to contact the DHS OSDBU for more information.

(End of clause)

SECTION J - LIST OF ATTACHMENTS

Attachment A- Department of Labor Wage Determinations Listing/Collective

Bargaining Agreements (CBAs)

· Links to each wage determination is provided in the table (pages 1-10).

· Wage Determination No. 2005-2375, Rev. 10, dated 9/01/2010 is attached in place of the CBA for Local 804 – Delivery and Warehouse Employees, International Brotherhood of Teamsters, 34-21 Review Avenue, Long Island City, NY 11101. This CBA will be incorporated by amendment if received prior to award. If the CBA is received after award, it will be incorporated by modification to the contract.

· CBA for Service Employees International Union, Local 1, 111 East Wacker Drive, 25th Floor, Chicago, IL 60601. Wage Determination 2011-0072, Revision 1 dated 5/12/2011.

Attachment B- Past Performance Questionnaire (Page 1-6) Attachment C - Reference Library (Workload Data & Policies and Procedures)

(Separate Cover - available upon request) Attachment D – Schedule B Pricing Spreadsheets (Excel)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

K.1 Provisions:

FAR 52.204-8

Annual Certifications and Representations JAN 2011 (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561499.

(2) The small business size standard is $7M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_X_ (i) 52.219-22, Small Disadvantaged Business Status.

_X_(A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

_X_(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations- Representation

JUL 2009

(a) Definition. “Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

(b) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108).

(c) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one.

(End of provision) FAR 52.209-7 Information Regarding Responsibility Matters

JAN 2011

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1)…