HSSCCG-16-Q-00198-Amendment1.pdf

HSSCCG-16-Q-00198

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSSCCG-16-Q-00198 is issued as a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76. This solicitation is an open market, competitive total small business set-aside and the associated NAICS code is 519190, All Other

Information Services, which has a small business size standard of $27.5 million. A list of contract line item number(s) and items, quantities and units of measure is listed below in Section

B. See the Statement of Work below for a description of requirements for the items to be acquired. This acquisition follows the authority of FAR 13.5. The provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition as does the addendum to the provision found below. Offerors shall include a completed copy of the provision 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer. The clause at

52.212-4, Contract Terms and Conditions Commercial Items, applies to this acquisition as does the addendum to the provision. The clause at 52.212-5, Contract Terms and Conditions

Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. Additional FAR clauses cited in this clause are applicable to the acquisition and can be found below. Additional contract requirements or terms and conditions necessary for this acquisition and consistent with customary commercial practices shall be found in the terms and conditions.

Section B

CLIN Description Quantity Unit Total

0001 Executive Briefing and News Media

Analytic Service IAW attached SOW (Base

Year)

12 MO

1001 Executive Briefing and News Media

Analytic Service IAW attached SOW

(Option Year 1)

2001 Executive Briefing and News Media

(Option Year 2)

3001 Executive Briefing and News Media

(Option Year 3)

4001 Executive Briefing and News Media

(Option Year 4)

Section C

FAR CLAUSES INCORPORATED BY REFERENCE

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:

http://www.acquisition.gov/far.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(MAY 2015)

52.227-17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007)

52.227-18 RIGHTS IN DATA—EXISTING WORKS (DEC 2007)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

ADDENDUM TO FAR 52.212-4

Invoicing Instructions:

(a) In accordance with FAR Part 32.905, all invoices submitted to USCIS for payment shall include the following:

(1) Name and address of the contractor.

(2) Invoice date and invoice number.

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

(including order number and contract line item number).

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

(5) Shipping and payment terms.

(6) Name and address of contractor official to whom payment is to be sent.

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

(8) Taxpayer Identification Number (TIN).

(b) Invoices not meeting these requirements will be rejected and not paid until a corrected invoice meeting the requirements is received.

http://www.acquisition.gov/far

(c) USCIS’ preferred method for invoice submission is electronically. Invoices shall be submitted in Adobe pdf format with each pdf file containing only one invoice. The pdf files shall be submitted electronically using the “To” line in the e-mail address to

USCISInvoice.Consolidation@ice.dhs.gov with each email conforming to a size limit of 500

KB.

(d) If a paper invoice is submitted, mail the invoice to:

USCIS Invoice Consolidation

PO Box 1000

Williston, VT 05495

(End of Addendum)

FAR CLAUSES IN FULL TEXT

FAR 52.212-5 CONTRACT TERMS AND

CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following

Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with

Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31

U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract

Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business

Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5)

(Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

(Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting

Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting

Requirements for Indefinite-Delivery Contracts (Jan

2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

(Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available

Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation

Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business

Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small

Business Set-Aside (June 2003) (15 U.S.C. 644).

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

mailto:USCISInvoice.Consolidation@ice.dhs.gov

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

___ (16) 52.219-8, Utilization of Small Business

Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting

Plan (Oct 2015) (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 (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders

(Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting

(Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—

Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled

Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business

Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole

Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015)

(15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole

Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small

Business Program (Dec 2015) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003)

(E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015)

(E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans

(Oct 2015) (38 U.S.C. 4212).

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

___ (31) 52.222-37, Employment Reports on

Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights

Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in

Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22

U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility

Verification (Oct 2015). (E. O. 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) (i) 52.223-13, Acquisition of EPEAT® -

Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514

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

___ (37) (i) 52.223-14, Acquisition of EPEAT® -

Registered Television (Jun 2014) (E.O.s 13423 and

13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-

Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__X_ (39) (i) 52.223-16, Acquisition of EPEAT® -

Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May

2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade

Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C.

2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19

U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign

Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets

Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private

Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency

Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting

Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of

Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

_X__ (49) 52.232-30, Installment Payments for

Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

___ (50) 52.232-33, Payment by Electronic Funds

Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds

Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May

2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards

(Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately

Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified

Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards

(May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for

Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and

Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts)

(May 2014) (29 U.S.C.206 and 41 U.S.C. chapter

67).

___ (5) 52.222-44, Fair Labor Standards Act and

Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain

Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41

U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under

Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (10) 52.237-11, Accepting and Dispensing of $1

Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The

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

(1) The Comptroller General of the United

States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR

Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.

This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

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

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

(ii) 52.219-8, Utilization of Small Business Concerns

(Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified

Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities

(Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O.

11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct

2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with

Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans

(Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights

Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards

(May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in

Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22

U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the

Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain

Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xiii) 52.222-53, Exemption from Application of the

Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41

U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification

(Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive

Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private

Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to

Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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)

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 30 days.

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, 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 five years.

(End of clause)

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

INCORPORATED BY REFERENCE

HSAR 3052.212-70 CLAUSES 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

3052.205-70 Advertisements, Publicizing Awards, and Releases (SEP 2012)

3052.242-72 Contracting Officer's Technical Representative (DEC 2003)

HSAR CLAUSES INCORPORATED BY FULL TEXT

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal

Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section

1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

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

http://www.dhs.gov/xlibrary/assets/opnbiz/cpo_hsar_finalrule.pdf

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

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

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

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

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

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

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

(5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

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

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

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

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland

Security Act, 6 U.S.C. 395(b)(1).

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

(3) Certain transfers disregarded. The transfer of properties or liabilities

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

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the

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

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

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

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

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

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

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

(End of Clause)

Section D

Executive Briefing & Analytic Service

Statement of Work (SOW)

1. PURPOSE

The Office of Communications (OCOMM), Media Relations Division is responsible for providing US Citizenship and Immigration Services (USCIS) officials with executive news briefings on a daily basis. The Media Relations Division communicates information about agency policy, procedures and products through interactions with the media. Internally, the

Media Relations Division works closely with the USCIS Director, each directorate and division of USCIS, the Department of Homeland Security (DHS) and other DHS components to ensure that messaging is consistent and accurate through diverse communications channels

(print, radio, television, & social media). They are responsible for promoting a consistent

USCIS message to external audiences through multiple media outlets (broadcast, print and online). To gauge the effectiveness of these efforts and respond to inaccurate reports, the media team must monitor media outlets and analyze the impact of the agency’s message.

2. PLACE OF PERFORMANCE

Work will be performed at contractor facilities.

3. SCOPE

OCOMM requires an executive level news briefing of national and local media/social media coverage focusing on USCIS services, operations and critical partnerships, in addition to other topical areas of interest selected by the agency. This briefing shall allow personnel to have better situational awareness, as well as better support both proactive and reactive public communications strategies. An executive news briefing and analytics service will enhance the agency's effectiveness when communicating laws, regulations, policies, processes and procedures that affect employees and millions of customers. With the briefing, USCIS will be better equipped to strategically position messages to execute agency priorities.

4. GOALS

The Executive Briefing and Analysis briefing shall capture the top Stories relating to

Immigration which will allow USCIS executives to formulate communication strategies and allow other employees to keep current on the media/social media coverage of USCIS.

The contractor shall provide exceptional customer service, including daily access to account managers and analysts to permit last-minute changes to topics, deadlines, and specific guidance.

All content must be extremely fresh, meaning it was published or broadcast essentially concurrent to or since the most recent previous briefing.

5. TASKS

(a) The contractor shall prepare and deliver a daily Executive news and analytic briefing, written and edited by news analysts familiar with the USCIS mission, capabilities and responsibilities twice a day (Daily and Mid-Day). By using extensive knowledge of the public affairs industry, federal government, USCIS, and the Department of Homeland

Security’s respective missions, contractors shall:

i. Monitor and review articles and broadcasts from major U.S. newspapers, national television and cable news, relevant magazines and journals, Internet sites/social media platforms, specialty press, major key multilingual outlets (especially Spanish-language), etc.

ii. Review data to measure the tone, coverage, and overall impression of news stories/social media to report the findings in customized online dashboards with printable graphs, tables and reports. The analytics should measure tonality, size of audience, prominence, coverage type and frequency of topics.

iii. Use proprietary editing and publishing tools to format documents into user-friendly formats.

iv. Edit all information (not stories, but parts of stories) that is redundant or irrelevant;

for each daily briefing topic.

v. Apply an understanding of the USCIS mission and interests to determine which aspects of each story, if any, are important to the various constituencies within

USCIS.

vi. Each briefing shall contain a news analysis with hyper-links to full news clips.

vii. Provide daily access to account managers, analysts, and senior managers to permit last-minute changes, deadlines, and specific guidance.

viii. Work with the Agency to customize the executive briefing to cover immigration specific categories. Edits to the initial customization must be allowed throughout the life cycle of the contract.

6. DELIVERABLES

For this requirement, each briefing provided to the government shall constitute a deliverable. The contractor shall provide all deliverables for review and acceptance. The contractor shall provide the deliverables in electronic format via email through Outlook, Android and iOS operating systems. Due to email attachment size limitations, currently set at

10mb, the briefing must be delivered in a condensed format but include a hyper-link to the full briefing. The hyperlinks provided within the briefings shall be linked to the original full-text versions available on the original publisher websites and TV clips from news broadcasts in real time. All documentation developed by the contractor shall become the property of the government and shall not contain proprietary markings. The government will have three (3) hours daily to provide feedback to the contractor prior to acceptance of a deliverable. The contractor must respond on the same business day as the government comments and make corrections prior to the next deliverable presented to the government. USCIS shall have rights to all deliverables as set forth in FAR clauses 52.227-17, for data provided as part of the briefing, and 52.227-18 for data provided via hyperlinks to full news clips (print, TV, internet, etc.). The contractor is responsible for acquiring any and all rights necessary to comply with FAR 52.227-17 and FAR 52.227-18 and to meet the Government’s needs as stated in section 5.

Requirement Due Date/Frequency Format Recipient

Daily Briefing

(Section 5) Monday through Friday before 0730 EST

Microsoft Word or

Adobe

COR

Mid-day Briefing

(Section 5) Monday through Friday between 1200 and 1300 EST

Microsoft Word or

Adobe

COR

7. PERFORMANCE STANDARDS

The Contractor shall respond in writing to the CO of all notifications of failure to meet acceptable quality levels within five (5) business days of issuance of a notice of non-conformance by the CO. These notifications shall be distributed to the contractor at a frequency of no less than once monthly and shall document the instances that contributed to the failure to meet the acceptable quality level. The Contractor’s response shall include the corrective action taken to rectify the problem and the proposed measure to preclude the recurrence of the problem. Trends of poor or deficient performance shall be reflected in annual performance evaluations.

Standard

Definition

Reference

AQL

Method Of

Surveillance

Number of

Complaints

Numbers of complaints of poor performance

(i.e. deliverables not in accordance with the SOW) received by the COR

Section 5 No more than 2 complaints per month

Feedback from

Customers

8. FEDERAL HOLIDAYS

The Contractor shall not be required to provide briefings on federal holidays. In the event a federal holiday occurs on a weekend, no briefings are required on the day the government celebrates the holiday. For example, if Independence Day is on a Saturday and the government celebrates Independence Day the Friday prior no briefings are required for that

Friday.

New Year’s Day Labor Day

Martin Luther King Jr. Birthday Columbus Day

President's Day Veteran's Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

9. POSTING OF CONTRACT IN FOIA READING ROOM

(a) The government intends to post the contract resulting from this solicitation to a public

FOIA reading room.

(b) Within 30 days of award, the contractor shall submit a redacted copy of the executed contract (or order) (including all attachments) suitable for public posting under the provisions of the Freedom of Information Act (FOIA). The contractor shall submit the documents to the USCIS FOIA Office by email at foiaerr.nrc@uscis.dhs.gov with a courtesy copy to the contracting officer.

mailto:foiaerr.nrc@uscis.dhs.gov

(c) The USCIS FOIA Office will notify the contractor of any disagreements with the contractor’s redactions before public posting of the contract or order in a public FOIA reading room.

10. SERVICE CONTRACT INVENTORY

Except as exempted by OFPP guidance, and in accordance with FAR 4.17, service contractor reporting shall be required for contracts and first-tier subcontracts for services based on type of contract and estimated total value. Contractors shall comply with the reporting requirements at FAR clause 52.204-14, Service Reporting Requirement. Most of the required information is already collected in the Federal Procurement Data System – Next Generation

(FPDS-NG). Information not collected in FPDS-NG shall be provided by the contractor. The contracting officer shall make the contractor’s failure to comply with the reporting requirements a part of the contractor’s performance information as captured in CPARS.

List of Attachments

1. Security Information

2. Privacy Information

Section E

(This section will removed after award)

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS FOR OFFER

SUBMISSION

1. Offers shall be submitted prior to the closing date and time identified on the SF1449.

Offers shall be submitted electronically. Offerors must be registered in the System for Award

Management (SAM) site at https://www.sam.gov in order to be considered for award. All questions regarding this solicitation shall be submitted to the Contract Specialist as well as the

Contracting Officer. Questions shall not be entertained more than seven (7) days after the opening date of this solicitation. If the offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the offeror shall clearly identify the exception in writing and include the exception with their submitted offer.

2. Offers shall consist of no more than three (3) volumes: Executive Briefing Summaries

(Volume I), Technical Volume (Volume II), and Business Volume (Volume III).

3. Each volume shall contain a cover sheet, which shall have at a minimum the offeror's name, solicitation number, DUNS, telephone and e-mail address. All text shall be single spaced and printed black on white paper. The black and white requirement does not apply to graphics, photos, etc.; company stationary and logos are acceptable. Printing shall be easily readable

(between size 12 and size 10 font). Individual electronic files shall not be larger than 3 MB in size. Page limitations are as follows. If the page limits are exceeded, the pages in excess of the limit shall not be evaluated.

http://farsite.hill.af.mil/vffara.htm https://www.sam.gov/

Table 1 – Page Limits

VOLUME

PAGE

LIMIT

I – Executive

Briefings

Up to 10 pages

II - Technical 15

III - Business N/A

4. Offers shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of any stated claims. Legibility, clarity and coherence are very important. Offers shall be evaluated against the corresponding factors defined in the section labeled “Evaluation Factors for Award”. Offers shall not simply rephrase or restate the government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet solicitation requirements. Offerors shall assume that the government has no prior knowledge of their capabilities and experience, and will base its evaluation on the information presented in the offers submitted. Offerors shall address as specifically as possible the actual methodology for accomplishing Statement of Work (SOW) tasks.

5. This shall be a multi-phase evaluation. Offerors shall be required to submit all required documents by the closing time specified; however, evaluation shall be conducted in phases.

The first phase (phase 1) of the evaluation shall consist of an evaluation of Volumes I and III.

The second phase (phase 2) of the evaluation shall consist of an evaluation of Volume II.

It is the government’s intention to award without discussions. Offerors are encouraged to submit their best technical and price offers in their initial submission. Award determination shall be made based on a trade-off analysis between non-price factors and the price factor. Offerors must have completed all phases of the evaluation process in order to be eligible for award. Selection for continuation in the evaluation process shall be made through establishment of a competitive range. However, this does not signify that the government will conduct discussions.

In accordance with FAR Part 15.306, should discussions become necessary, the government reserves the right to hold discussions. If this occurs, a competitive range will be established and offerors shall be notified in writing. The competitive range may be limited for purposes of efficiency IAW FAR Part 15.306(c)(2). The determination to hold discussions may be made at any time during the evaluation process.

For phase 1, the government shall evaluate the two Executive Briefing summaries submitted as

Volume I. Volume I shall address Factor 1and shall be submitted separate from the technical and business volumes. Each summary provided as part of Volume I shall conform to the page counts identified. The summaries shall be the news analysis for the date quotes are due. The first summary shall contain a news analysis with links to full news clips (to include but not limited to; TV, Social Media, International Markets, Publications & Online) obtained from a third-party content provider. The second summary shall be identical to the first summary, containing news analysis and links to the articles on the media outlet’s website, but will not contain links to news articles from the third-party provider.

The offeror’s Business Volume (Volume III) shall also be evaluated during phase 1. Volume III shall address factors 4 and 5. This volume does not have a page limit, but it shall contain only the information called for in this paragraph. The volume shall include a cover letter. The volume shall include an acknowledgement of the solicitation and any amendments as appropriate. It shall also include any other information required by the solicitation not otherwise required to be included in the Technical Volume (such as the copy of the approved waiver contemplated by paragraph (g) of the clause at HSAR 3052.209-70, if applicable). The volume shall include pricing information for the base and all option periods. The offeror may submit no more than three (3) past performance references. The government will consider data provided, as well as information from other sources, such as the Federal Awardee Performance and Integrity

Information System (FAPIIS), the System for Award Management (SAM), and the Past

Performance Information Retrieval System (PPIRS). Past performance submitted shall be relevant to this procurement and performed within three (3) years of the solicitation issue date.

Information for references shall contain names, email addresses, and telephone numbers of contact persons. Offerors shall include the dollar amount and length of contract for each contract referenced.

Those offerors whose phase 1 submissions are rated as likely to provide the government best value shall continue through the evaluation process to phase 2. The government shall evaluate the Technical Volume (Volume II) as part of phase 2.

Volume II shall address factors 2 and 3. The evaluation of these factors will be based on material contained in the volume. Evaluation criteria for the factors listed are located in the solicitation section labeled “Evaluation Factors for Award”. The volume shall contain an unambiguous statement that the offeror agrees to all clauses, terms, or conditions (including all statement of work requirements) as shown in the solicitation. The Technical Volume shall provide information sufficient to allow the government to determine whether their proposed solution meets or exceeds the requirements in the SOW.

ADDENDUM TO FAR 52.212-2 EVALUATION FACTORS FOR AWARD

Basis for Award

The government shall make an award to the responsible offeror submitting a proposal that represents the best value to the government. Selection shall be made utilizing a trade-off analysis based on evaluation factors tailored to this acquisition. In making this comparison, the government is more concerned with obtaining superior performance capability than a low overall price. However, the government will not issue an award to a contractor who presents a significantly higher overall price to achieve only slightly superior performance capabilities.

Offers will be evaluated using five evaluation factors:

Factor 1 – Executive Briefing Summary Content and Format, Factor 2 - Technical Methodology and Approach

Factor 3 - Management Approach

Factor 4 - Past Performance, and

Factor 5 - Price.

The factors are listed in descending order of importance. The non-price factors, when combined, shall be significantly more important than price.

Each offer shall be evaluated against the following factors:

Factor 1 Executive Briefing Report Content and Format

The government shall use the executive briefing summary volume to evaluate this factor. Each summary shall be evaluated in order to determine the extent to which it conforms to the requirements in the SOW and the submission instructions. The government shall determine to what extent the summaries capture information in accordance with SOW Section 5, Tasks.

Factor 2 Technical Methodology and Approach

The technical volume shall address this factor. Offeror technical volumes shall be evaluated to ensure that all objectives have been captured and tasks are articulated in a comprehensive approach that fulfills each of the tasks including deliverables and documentation.

Factor 3 Management Approach

The technical volume shall address this factor. The government shall consider the offeror’s approach to managing staff in a consistent manner and how the offeror will manage the requirements of the SOW. The government shall evaluate the proposed approach to determine the extent to which the offeror provides an adequate approach and schedule that details resources, activities, and schedule necessary to successfully navigate transition to full performance.

Factor 4 Past Performance

The business volume shall address this factor. Offerors shall identify past or current contract efforts similar to the requirements of this acquisition. An offeror may submit no more than three

(3) past performance references. The government shall consider data provided, as well as information from other sources, such as the Federal Awardee Performance and Integrity

Information System (FAPIIS), the System for Award Management (SAM), and the Past

Performance Information Retrieval System (PPIRS). Past performance submitted shall be relevant to this procurement and within three (3) years of the solicitation issue date. Information for references shall contain the following: the names, email addresses, and telephone numbers of contact persons from previous customers who can provide information regarding the offeror’s performance. Offerors shall include the dollar amount and length of contract for each contract referenced.

Factor 5 Price

The business volume shall address this factor. Price shall be evaluated for reasonableness in accordance with one or more price analysis techniques identified in FAR Parts 15.404 and

12.209. Price will be evaluated on the basis of total estimated price submitted. The total estimated price is defined as the base period plus the total estimated price of each option period.

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

Offers shall be evaluated in accordance with this plan. Evaluators shall rate each item based upon how well the offer meets the established criteria.

Evaluation documentation shall substantiate, with detail, the adjectives assigned at each level of the evaluation process. The evaluation process shall identify for each offer the strengths and weaknesses by criteria. This documentation is an important part of the evaluation process and must be clearly documented for each offer.

The adjectives listed in the following table will be used in assessing Factors 1, 2, and 3.

Adjective Definition

Outstanding – O Offer significantly exceeds most or all solicitation requirements. The offer clearly demonstrated capability to perform all aspects of the requirements to the extent that risk of unsuccessful performance is very low.

Good - G Offer exceeds many solicitation requirements and demonstrates the capability to perform all aspects of the requirements to the extent that risk of unsuccessful performance is low.

Acceptable – A Offer meets solicitation requirements and demonstrates the capability to perform the requirements to the extent that risk of unsuccessful performance is low to moderate.

Unacceptable – U Offer does not demonstrate an understanding of the requirement and the approach does not meet performance or capability standards. Offer presents an unacceptable solution with one or more deficiencies. A contract cannot be awarded with this offer.

The adjectives listed below will be used in assessing the Past Performance Factor:

Adjective Definition

Neutral No relevant performance record is identifiable upon which to base a meaningful performance rating. This is neither a negative or positive assessment.

High Confidence Based on the offeror’s past performance record, it is likely that the offeror will successfully perform the required effort with minimal government oversight.

Confidence Based on the offeror’s past performance record, it is likely that the offeror will successfully perform the required effort with routine government oversight.

Low Confidence Based on the offeror’s past performance record, it is unlikely that the offeror…