HSSCCG-12-R-00008 USCIS Security Ink Solicitation Amendment 1 - Track changes.doc

United States Citizenship and Immigration Services (USCIS) USCIS Security Ink and Field Authentication Units

HSSCCG-12-R-00008

Amendment No. 1

SECTION I - SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A.

Continuation Block 20 - Schedule of SUPPLIES/Services Period of Performance: The period of performance consists of a base period and four (4) option periods as shown below:

Pricing: The offeror shall provide unit prices below on a fixed unit price basis for performance of all tasks indicated in the SOW. Unit prices shall include delivery costs. Pricing detail shall be provided in accordance with the Instructions to Offerors, page REF Instructions_to_offerors \h 40, Section IV, Volume II – Business Proposal, and in the format from the table below:

Notice to Proceed (NTP):

USCIS will issue a NTP when the USCIS Office of Security and Integrity makes a favorable entry on duty (EOD) determination for those employees the contractor considers essential for the performance of the contract. See Section 9.1 Personnel, Suitability Determination on page 14.

The contractor can bill when USCIS accepts units ordered and the contractor complies with all of the terms and conditions of the contract. If USCIS Security Ink and Field Authentication Units are ordered in the same order, then both must be accepted in order to bill for that order.

The CLIN quantities above are only estimates for the purposes of evaluation. The Government contemplates award of a single award indefinite-delivery indefinite-quantity (IDIQ) contract resulting from this solicitation. The Government is not obligated to purchase any more than the minimum quantities of 1,500 for Security Ink and 200 for Field Authentication Units but only after sample acceptance. The Government is not obligated to purchase any quantities in the Option periods.

Minimum and Maximum Quantities:

USCIS may include USCIS Security Ink and Field Authentication Units in an order or may order USCIS Security Ink or Field Authentication Units separately. The guaranteed minimum quantity for each order of USCIS Security Ink is 50 bottles. The guaranteed minimum quantity for each order of Field Authentication Units is 10 units. The guaranteed minimum quantity for the contract is 1,500 bottles of USCIS Security Ink and 200 Field Authentication Units. The total maximum amount for the contract shall not exceed 5,000 bottles of USCIS Security Ink and 1,100 Field Authentication units.

A summary of minimum and maximum quantities is presented below:

Delivery Orders and Period: Delivery orders will be issued by USCIS Contracting Office by e-mail to the contractor. After issuance of the delivery order, delivery of the complete order shall be made within five (5) business days of either:

1) USCIS testing and approval of both of the material samples (USCIS Security Ink and Field Authentication Units) as per Statement of Work (SOW) Section 4.4 or

2) Waiver from the testing requirement is granted.

Material Conformance: The supplies to be provided under this contract shall conform to the requirements agreed to at the time of award. Any deviation after award shall be approved by the Contracting Officer (CO).

B.

Statement of work

1.0 Title of Project

The Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS) Office of Security and Integrity (OSI), Physical Security Division, Credentialing and Sensitive Property Branch, will procure security ink and field authentication units to support official conclusive action on submitted applications, travel documents, arrival and departure records, declarations, assorted forms, and petitions for benefits and services.

2.0 Project Background USCIS processes all immigrant and non-immigrant benefits through a network of Service Centers, local district and field offices, Asylum Offices and Refugee processing points. Security ink, in conjunction with decision stamps, is used principally by the U.S. Department of Homeland Security to connote official conclusive action on submitted applications, travel documents, arrival and departure records, declarations, assorted forms, and petitions for benefits and services. The security ink formula and field authentication unit coding shall be unique for USCIS and contain security features that make its origin identifiable to USCIS and difficult to remove from, or alter on, a document.

3.0 Scope - Summary The Security Ink and field authentication units will be used by USCIS locations globally. Under USCIS, the end users of the Security Ink will be Immigration Service Officers, Asylum Officers, Refugee Officers, and others as necessary for use in processing applications and petitions for benefits under the current laws and regulations and other purposes as determined by USCIS. USCIS may provide Field Authentication Units to other DHS components for use in indentifying USCIS Security Ink. USCIS needs will be satisfied by issuing delivery orders under an Indefinite Delivery Indefinite Quantity (IDIQ) contract. The USCIS security ink formula shall be a unique blue hue. This requirement is for the contractor to produce and provide security ink and field authentication units in accordance with the requirements provided in Attachment A or approved alternatives thereto. All security ink and field authentication units shall be distributed in accordance with Section 4.5, Distribute Security Ink and Field Authentication Units, instructions. The Contractor shall safeguard and control security ink formulas, field authentication unit information, and all associated materials. Additionally, the Contractor shall have a USCIS approved Security Plan in place to control the production and distribution of the security ink and field authentication units in accordance with Section 9.2, Contractor Facility Security.

4.0 Scope - Detail 4.1 Security Ink

The contractor shall create a formula for security ink that is unique for USCIS. See Attachment A for requirements. The Contractor shall produce security ink in the quantities specified in each delivery order. For each order, the Contractor shall submit four (4) units of security ink for test (the Government will test as well as the contractor) and approval as provided in Section 4.4 Control Products.

4.2 Field Authentication Units The Contractor shall provide field authentication devices capable of authenticating in the field USCIS Security Ink produced for this contract. See Attachment A for requirements. USCIS may provide Field Authentication Units to other DHS components for use in indentifying USCIS Security Ink. For each order, the Contractor shall submit four (4) Field Authentication Units for test (the Government will test as well as the contractor) and approval as provided in Section 4.4 Control Products.

4.3 Security Enhancement Upon request by USCIS, the contractor shall enhance the security characteristics of the security ink and field authentication units in order to improve the security of security ink and field authentication units. This effort could be in response to, but not limited to, laws or regulations, changing technologies, or fraudulent activities. If updates to the security ink are needed, coordinating changes will also have to be made (if required) to the field authentication units in order to authenticate, identify, and report forensic markers for that updated security ink. Conversely, if updates to the field authentication units are needed, coordinating changes will also have to be made (if required) to the security ink in order for the field authentication units to authenticate, identify, and report forensic markers in the security ink. No cost updates are limited to two (2) per contract period.

4.4 Control Products

4.4.1 For each order, the contractor shall submit material samples, as defined in 4.4.2, for Government testing within 15 business days of the receipt of the delivery order. The contractor may request the Contracting Officer waive material sample approval tests where supplies identical or similar to those called for in the schedule have been previously furnished by the contractor and have been approved by the Government. The Government will not approve samples until the contractor’s Quality Control Plan and Security Plans are approved. The contractor may bill for samples that are approved.

4.4.2 For approval tests that are not waived, the contractor shall submit two (2) units of USCIS Security Ink and two (2) Field Authentication Units to the USCIS Contracting Officer’s Representative (COR) for USCIS testing at:

USCIS

Attention: Candace Carmichael, COR

111 Massachusetts Avenue NW

Suite 7000, Mail Stop 2270 Washington DC 20529

(202) 272-8837

Two (2) units of USCIS Security Ink and two (2) Field Authentication Units shall be submitted to the Homeland Security Investigations Forensic Laboratory (HSI-FL) at:

Senior Intelligence Officer

OI HSI-FL STOP 5116

Immigration and Customs Enforcement

8000 Westpark Dr.

Suite 200

McLean, VA 20598-5116

Attention:

Deborah L. Dezern-Rohr Senior Intelligence Officer

DHS/ICE/ HSI-FL

(703) 285-8745

The contractor shall ship using UPS or Federal Express. The contractor shall pre-arrange with the COR and the HSI-FL point of contact (POC) the delivery date, time, and any information the COR and the HSI-FL determines necessary. For all shipments, the contractor shall e-mail an Advance Shipping Notification to the COR and the HSI-FL POC. The COR and the HSI-FL will provide documentation that confirms the receipt of the product. Label packages “This Side Up” and “Fragile”. The contractor shall ensure that the contract number and the order number are displayed on all shipping labels placed on all packages in relation to the contract and order. All incoming packages to USCIS are screened for Chemical, Biological, Radiological, Nuclear, and Explosive threats. The contractor is liable for the package and its contents until it is delivered to the COR and the HSI-FL POC as per FAR 52.212-4(j)(2).

4.4.3 The contractor shall include contractor test reports and usage instructions with sample submissions to USCIS and HSI-FL. All costs related to contractor tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. If the Contractor fails to deliver contractor test reports and usage instructions at the time of sample submission, that may be grounds for a termination for cause under FAR 52.212-4(m).

4.4.4 Before material sample approval, or waiver of the approval, no costs will be allocable to this contract for either payment as per FAR 52.212-4(i) or termination as per FAR 52.212-4(l).

4.4.5 The Government will provide written approval or disapproval of the timely submitted material samples within fifteen (15) business days of receipt of the material samples. If Government approval or disapproval is not received within fifteen (15) business days, the material sample submitted shall be considered approved. If the Government provides its disapproval, the contractor shall resubmit sample(s) with required changes within ten (10) business days. If Government approval or disapproval of the re-submittal is not received within fifteen (15) business days, the material sample submitted shall be considered approved. If the Government disapproves the sample after the re-submission, that may be grounds for a termination for cause under FAR 52.212-4(m).

4.4.6 After the material samples are approved the contractor may request that the Contracting Officer consider the approved material samples as part of the delivery order quantity. In determining that request, the Contracting Officer will consider whether the sample was consumed or destroyed during Government testing and if it meets all contract requirements for acceptance.

4.5 Distribute Security Ink and Field Authentication Units

The contractor shall ship security ink and field authentication units within five (5) business days of material sample approval by USCIS in accordance with the specifications below and any additional instructions in each delivery order. Freight costs are included in the unit price of each order.

The contractor shall pre-arrange with the Burlington Central Issue Point (BCIP) point of contact (POC) the delivery date, time, and any information that the BCIP determines necessary. For all shipments, the contractor shall e-mail an Advance Shipping Notification (ASN) to the POC noted below. The ASN should include the name of shipping vendor, shipping vendor telephone number, shipping vendor tracking number, site address of delivery location, CLIN, description of shipment, quantity, serial numbers, number of pallets in shipment, and the estimated date of shipment arrival. The contractor shall provide explicit return instructions to include a Return Authorization Number. Label packages “This Side Up” and “Fragile”. The contractor shall ensure that the contract number and the order number are displayed on all shipping labels placed on all packages in relation to the contract and order. The contractor is liable for the package and its contents until it is delivered to the BCIP as per FAR 52.212-4(j)(2).

USCIS

Attn: BCIP Coordinator

70 Kimball Avenue

South Burlington, VT 05403

POC: Shawn Elliott

Telephone (802) 872-4544 Fax (802) 951-6421 Shawn.Elliott@dhs.gov Hours: M-F 8-4

5.0 Deliverables

5.1 General

The contractor shall submit the deliverables as indicated in the table below to the Administrative Contracting Officer and COR via e-mail. The format for deliverables will be pre-approved by the Government. The Government’s rights with regard to inspection/acceptance of the deliverables below is set forth in FAR 52.212-4(a). Nonconforming deliverables must be resubmitted to the Government for acceptance within ten (10) business days of receipt of Government rejection and/or comments.

5.2 Contractor Progress Report

The contractor shall provide a monthly progress report in an electronic copy on the 10th working day of each the month following the reporting period , including as a minimum, the following information by category.

Management Summary - Describe major accomplishments. Document any major problems or issues and provide planned corrective action. Describe work performed on task(s) during the reporting period and expected to be performed during the next reporting period.

Inventory Master List - The Contractor shall maintain a current master list of all security ink and field authentication units provided to USCIS under this contract. The list shall state as a minimum:

a. Total of all quantity and type of security ink and field authentication units produced for USCIS and contractor use.

b. Quantity and type of security ink and field authentication units produced during the reporting period,

c. Quantity and type of security ink and field authentication units shipped during the reporting period,

d. Quantity and type of security ink and field authentication units on hand (in inventory) ready to be shipped,

e. A cumulative and current master list of all security ink and field authentication units produced and shipped,

f. Date(s) of shipment(s), and

g. Addressee(s) of shipment (s).

h. Quantities of destruction, storage, and recycling of USCIS Security Ink bottles and Field Authentication Units.

Resource Expenditures - Include as a minimum:

a. Amounts invoiced by CLIN during the reporting period, and

b. Cumulative amount invoiced by CLIN 5.3 Quality Control

The Contractor shall establish, implement, and maintain a Quality Control Plan (QCP) to assure the consistency of characteristics of the security ink and operability of the field authentication units supplied to the U.S. Government during the term of this IDIQ contract and all orders issued there under. Frequency and type of quality control activity shall be consistent with generally accepted industry standards.

The Contractor shall provide a final QCP to the COR within five (5) business days after issuance of first delivery order. The COR shall review and approve the QCP to ensure the plan meets the requirements in the SOW.

The QCP shall describe the contractor’s approach to assuring the Government that task quality requirements will be accomplished. The QCP shall include the contractors’ policies and procedures for performing corrective actions and replacement. All quality control activity shall be made a matter of formal record (i.e., reports) maintained by the contractor until contract close-out. The contractor shall discuss and resolve any quality related problems as requested by the COR.

For each delivery order, the contractor shall provide with delivery of security ink and field authentication units:

1. A report summarizing the contractor’s inspection and testing results,

2. A signed and dated certification of adherence stating that the delivered units adhere to contract requirements including conformance to all the requirements including health, safety, and environmental as set forth in this SOW, and

3. A corrosive test report for each order to assure quality of security ink produced describing, at a minimum, corrosive results on paper, stamp pad and stamps.

4. Material Safety Data Sheets, and

5. Instructions for the care and use of field authentication units.

6. Instructions for use of security ink with rubber stamps.

The Contractor shall coordinate with the COR as needed to ensure all projects and tasks are accomplished according to tasks specified within this statement of work. The USCIS reserves the right to perform any inspections and testing that the USCIS deems necessary upon receipt of the material to assure conformance to requirements. The USCIS may conduct periodic site visits to inspect security of the facilities of the manufacturer or major first-tier subcontractors (those performing more than 25% of the effort or who are expected to perform aspects of this effort that the offeror considers critical to overall successful performance).

5.4 Project Plan

The Contractor shall provide a final Project Plan within five (5) business days after issuance of first delivery order. The plan shall detail the contractor’s plan for meeting all SOW requirements. This project plan shall be maintained throughout the life of the delivery order and shall be reviewed monthly in contractor performance evaluation meetings.

5.5 Status Meetings

Status meetings between the Government and the contractor may be held periodically or from time to time, as required by the COR, on an agreed upon date established by the contractor and COR. Such meetings will be by conference call. The meetings shall be attended by the contractor’s program manager and technical representative to discuss issues related to technical performance and business performance, including, without limitation, status of projects, plans for future work, and issues and problem areas related to the project and/or the contractor’s performance of work. Any status meeting(s) held shall be documented in the progress report, including a discussion of topics, issues, resolutions, and unresolved items.

6.0 Post Award Conference

The contractor and USCIS will schedule a post award conference as soon as possible after contract award. The meeting will be by conference call. The purpose of this meeting will be to identify primary points of contact, discuss contract scope, tasks, invoicing, and notice to proceed.

7.0 Place of Performance The tasks shall be performed at the contractor’s facility. It is emphasized that the prime contractor maintains responsibility of the supply chain per Federal Acquisition Regulation (FAR) 52.212-4(j).

8.0 Travel No travel reimbursement under this contractual vehicle is authorized.

9.0 Security Requirements

9.1 Personnel General U.S. Citizenship & Immigration Services (USCIS) has determined that performance of this contract requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor), requires access to sensitive but unclassified information, and that the Contractor will adhere to the following:

Suitability Determination USCIS shall have and exercise full control over granting, denying, withholding or terminating access of unescorted Contractor employees to government facilities and/or access of Contractor employees to sensitive but unclassified information, based upon the results of a background investigation. USCIS may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by USCIS, at any time during the term of the contract. No employee of the Contractor shall be allowed unescorted access to a USCIS facility without a favorable EOD decision or suitability determination by the Office of Security & Integrity (OSI).

Background Investigations Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive but unclassified information, shall undergo a position sensitivity analysis based on the duties, outlined in the Position Designation Determination (PDD) for Contractor Personnel, each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. All background investigations will be processed through OSI. Prospective Contractor employees shall submit the following completed forms to OSI through the COR no less than 30 days before the starting date of the contract or 30 days prior to entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

1. Standard Form 85P, “Questionnaire for Public Trust Positions”

2. DHS Form 11000-6, “Conditional Access to Sensitive But Unclassified Information Non-Disclosure Agreement”

3. FD Form 258, “Fingerprint Card” (2 copies)

4. Form DHS-11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

5. Position Designation Determination for Contract Personnel Form

6. Foreign National Relatives or Associates Statement Required forms will be provided by USCIS at the time of award of the contract. Only complete packages will be accepted by OSI. Specific instructions on submission of packages will be provided upon award of the contract.

Be advised that unless an applicant requiring access to sensitive but unclassified information has resided in the US for three of the past five years, OSI may not be able to complete a satisfactory background investigation. In such cases, USCIS retains the right to deem an applicant as ineligible due to insufficient background information.

Employment Eligibility The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to USCIS for acts and omissions of his own employees and for any Subcontractor(s) and their employees to include financial responsibility for all damage or injury to persons or property resulting from the acts or omissions of the contractor's employees.

Subject to existing law, regulations and/or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract.

Continued Eligibility

If a prospective employee is found to be ineligible for access to USCIS facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract.

USCIS reserves the right and prerogative to deny and/or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom USCIS determines to present a risk of compromising sensitive but unclassified information to which he or she would have access under this contract.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to USCIS OSI. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported.

OSI must be notified of all terminations/ resignations within five days of occurrence. The Contractor will return any expired USCIS issued identification cards and building passes, or those of terminated employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card.

Security Management The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with OSI through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor.

The COR and OSI shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements.

9.2 Contractor Facility Security Security Plan The Contractor shall establish, implement, and maintain a Security Plan to assure compliance with USCIS physical security requirements. The Security Plan shall be submitted to the COR within five (5) business days after issuance of the first delivery order.. This plan shall be consistent with and further detail the approach contained in the Contractor’s proposal. The COR shall review the Security Plan to ensure the plan meets the requirements in the SOW and RFP Attachment B. The Contracting Officer will approve the plan and the plan shall be incorporated into the contract as a compliance document.

Notification The Contractor shall immediately notify the (USCIS) Office of Security and Integrity, Technology Coordination Division and Physical Security Division (202-272-1500); the (CBP) Office of Internal Affairs (202-344-1860), and the (ICE) Forensic Sciences Branch (703-285-8727) of any attempt of any unauthorized persons to obtain information regarding the security features of the security ink formula, its chemical composition, field authentication units, or any other the associated information or processes. The Contractor shall also assist with any civil or criminal investigation if necessary.

10.0 Section 508 Requirements

Section 508 Accessibility Requirements

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.

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

Section 508 Applicable EIT Accessibility Standards

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

36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria.

36 CFR 1194.25 Self Contained, Closed Products, applies to all EIT products such as printers, copiers, fax machines, kiosks, etc. that are procured or developed under this work statement.

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

36 CFR 1194.41 Information Documentation and Support applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY.

Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

SECTION II - terms and CONDITIONS

A.

FAR 52.212-4 Contract Terms and Conditions – Commercial Items

(feb 2012) - addenda FAR 52.212-4 (a) Inspection and Acceptance – Acceptance means when USCIS accepts units ordered and the contractor complies with all of the terms and conditions of the contract. If USCIS Security Ink and Field Authentication Units are ordered in the same order, then acceptance means when both USCIS Security Ink and Field Authentication Units are accepted.

FAR 52.212-4 (t) Inspection and Acceptance - To be eligible for award, contractors must be registered in CCR prior to award.

B.

FAR 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/these address (es): http://www.acquisition.gov/far (End of clause)

NoteS:

FAR 52.227-14 Rights in Data - General - In addition to the perpetual paid-up unlimited license for data first produced during the performance of this contract under FAR 52.227-14, the Government will be provided a perpetual paid up right to use license for any data developed at private expense that is incorporated into the final deliverable. Any license required to be provided as a result of incorporating data developed at private expense into the final product must allow not only for USCIS’ use but also for use by other Government entities. Moreover, the contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.

C.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Feb 2012)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

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

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313).

X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 009) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

X_ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

X_ (41) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, e seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) D.

FAR CLAUSES- FULL TEXT

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that…