DRAFT_ASC_1449_v5.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CIS

South Burlington VT 05403 70 Kimball Avenue Department of Homeland Security USCIS Contracting Office

DRAFT RFP CODE 16. ADMINISTERED BYCODE

X

X

561499

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCIS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/15/2017 1700 ET

02/17/2017

802-872-4111Paul Shannon (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSSCCG-17-R-00005

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 11 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

DRAFT RFP

15. DELIVER TO

South Burlington VT 05403 70 Kimball Avenue Department of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USCIS Contracting Office

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DRAFT RFP

Application Support Center (ASC) Operations & Facilities Services DO/DPAS Rating: NONE Period of Performance: 01/01/2018 to 12/31/2022

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Base Year 1 EA

Program Management Office (PMO) – in accordance with the PWS. (FFP)

Period of Performance: 01/01/2018 to 12/31/2018

0002 Base Year 1 EA

Applicant Volume Bands FFP and FP-per-applicant, Estimated Quantity TBD.

See Section B – Continuation of any blocks from

1449.

Not-to-exceed estimated quantities as identified in "Volume Bands Estimated Quantity and

Obligation Amount Clause."

Period of Performance: 01/01/2018 to 12/31/2018

0002 AA Base Year

Rescheduling Office – in accordance with the PWS.

(FFP and FP per applicant)

Estimated value:

(Not Separately Priced)

Period of Performance: 01/01/2018 to 12/31/2018

0002 AB Base Year

Biometric Collection – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

11 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

(Not Separately Priced)

Period of Performance: 01/01/2018 to 12/31/2018

0002 AC Base Year

Identity Verification – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Not Separately Priced)

Period of Performance: 01/01/2018 to 12/31/2018

0003 Base Year 1 EA

ODC Facilities – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

Period of Performance: 01/01/2018 to 12/31/2018

0004 Base Year 1 EA

ODC Travel – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

Period of Performance: 01/01/2018 to 12/31/2018

0005 Base Year 1 EA

ODC Equipment – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

Period of Performance: 01/01/2018 to 12/31/2018

1001 Option Year 1 1 EA

Program Management Office (PMO) – in accordance with the PWS. (FFP)

(Option Line Item)

12/01/2018

Period of Performance: 01/01/2019 to 12/31/2019

1002 Option Year 1 1 EA

Applicant Volume Bands FFP and FP-per-applicant, Estimated Quantity TBD.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

See Section B – Continuation of any blocks from

1449.

Not-to-exceed estimated quantities as identified in "Volume Bands Estimated Quantity and

Obligation Amount Clause."

(Option Line Item)

12/01/2018

Period of Performance: 01/01/2019 to 12/31/2019

1002 AA Option Year 1

Rescheduling Office – in accordance with the PWS.

(FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2018

(Not Separately Priced)

Period of Performance: 01/01/2019 to 12/31/2019

1002 AB Option Year 1

Biometric Collection – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2018

(Not Separately Priced)

Period of Performance: 01/01/2019 to 12/31/2019

1002 AC Option Year 1

Identity Verification - in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2018

(Not Separately Priced)

Period of Performance: 01/01/2019 to 12/31/2019

1003 Option Year 1 1 EA

ODC Facilities – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2018

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

Period of Performance: 01/01/2019 to 12/31/2019

1004 Option Year 1 1 EA

ODC Travel – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2018

Period of Performance: 01/01/2019 to 12/31/2019

1005 Option Year 1 1 EA

ODC Equipment – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2018

Period of Performance: 01/01/2019 to 12/31/2019

2001 Option Year 2 1 EA

Program Management Office (PMO) – in accordance with the PWS. (FFP)

(Option Line Item)

12/01/2019

Period of Performance: 01/01/2020 to 12/31/2020

2002 Option Year 2 1 EA

Applicant Volume Bands FFP and FP-per-applicant, Estimated Quantity TBD.

See Section B – Continuation of any blocks from

1449.

Not-to-exceed estimated quantities as identified in "Volume Bands Estimated Quantity and

Obligation Amount Clause."

(Option Line Item)

12/01/2019

Period of Performance: 01/01/2020 to 12/31/2020

2002 AA Option Year 2

Rescheduling Office – in accordance with the PWS.

(FFP and FP per applicant)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

Estimated value:

(Option Line Item)

12/01/2019

(Not Separately Priced)

Period of Performance: 01/01/2020 to 12/31/2020

2002 AB Option Year 2

Biometric Collection – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2019

(Not Separately Priced)

Period of Performance: 01/01/2020 to 12/31/2020

2002 AC Option Year 2

Identity Verification - in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2019

(Not Separately Priced)

Period of Performance: 01/01/2020 to 12/31/2020

2003 Option Year 2 1 EA

ODC Facilities – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2019

Period of Performance: 01/01/2020 to 12/31/2020

2004 Option Year 2 1 EA

ODC Travel – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2019

Period of Performance: 01/01/2020 to 12/31/2020

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

2005 Option Year 2 1 EA

ODC Equipment – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2019

Period of Performance: 01/01/2020 to 12/31/2020

3001 Option Year 3 1 EA

Program Management Office (PMO) – in accordance with the PWS. (FFP)

(Option Line Item)

12/01/2020

Period of Performance: 01/01/2021 to 12/31/2021

3002 Option Year 3 1 EA

Applicant Volume Bands FFP and FP-per-applicant, Estimated Quantity TBD.

See Section B – Continuation of any blocks from

1449.

Not-to-exceed estimated quantities as identified in "Volume Bands Estimated Quantity and

Obligation Amount Clause."

(Option Line Item)

12/01/2020

Period of Performance: 01/01/2021 to 12/31/2021

3002 AA Option Year 3

Rescheduling Office – in accordance with the PWS.

(FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2020

(Not Separately Priced)

Period of Performance: 01/01/2021 to 12/31/2021

3002 AB Option Year 3

Biometric Collection – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2020

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

(Not Separately Priced)

Period of Performance: 01/01/2021 to 12/31/2021

3002 AC Option Year 3

Identity Verification – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2020

(Not Separately Priced)

Period of Performance: 01/01/2021 to 12/31/2021

3003 Option Year 3 1 EA

ODC Facilities – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2020

Period of Performance: 01/01/2021 to 12/31/2021

3004 Option Year 3 1 EA

ODC Travel – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2020

Period of Performance: 01/01/2021 to 12/31/2021

3005 Option Year 3 1 EA

ODC Equipment – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2020

Period of Performance: 01/01/2021 to 12/31/2021

4001 Option Year 4 1 EA

Program Management Office (PMO) – in accordance with the PWS. (FFP)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

9 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

(Option Line Item)

12/01/2021

Period of Performance: 01/01/2022 to 12/31/2022

4002 Option Year 4 1 EA

Applicant Volume Bands FFP and FP-per-applicant, Estimated Quantity TBD.

See Section B – Continuation of any blocks from

1449.

Not-to-exceed estimated quantities as identified in "Volume Bands Estimated Quantity and

Obligation Amount Clause."

(Option Line Item)

12/01/2021

Period of Performance: 01/01/2022 to 12/31/2022

4002 AA Option Year 4

Rescheduling Office – in accordance with the PWS.

(FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2021

(Not Separately Priced)

Period of Performance: 01/01/2022 to 12/31/2022

4002 AB Option Year 4

Biometric Collection – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2021

(Not Separately Priced)

Period of Performance: 01/01/2022 to 12/31/2022

4002 AC Option Year 4

Identity Verification – in accordance with the

PWS. (FFP and FP per applicant)

Estimated value:

(Option Line Item)

12/01/2021

(Not Separately Priced)

Period of Performance: 01/01/2022 to 12/31/2022

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

10 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

4003 Option Year 4 1 EA

ODC Facilities – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2021

Period of Performance: 01/01/2022 to 12/31/2022

4004 Option Year 4 1 EA

ODC Travel – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2021

Period of Performance: 01/01/2022 to 12/31/2022

4005 Option Year 4 1 EA

ODC Equipment – in accordance with the PWS.

(Material CLIN, No G&A, overhead, fee or any other markup is permitted)

Not-to-exceed amount: TBD

(Option Line Item)

12/01/2021

Period of Performance: 01/01/2022 to 12/31/2022

The following are the points of contact for this contract:

Contracting Officer’s Representative (COR):

Michael R. Boyajian

Phone: 202-578-2208

Email: michael.r.boyajian@uscis.dhs.gov

Primary Contract Specialist (CS):

Paul A. Shannon

Phone: 802-872-4515

Email: Paul.A.Shannon@uscis.dhs.gov

Alternate Contract Specialist (CS):

Sylwia L Salkic

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

11 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSSCCG-17-R-00005

Phone: 802-872-4134

Email: Sylwia.Salkic@uscis.dhs.gov

Contracting Officer (CO):

Rex H. Steves

Phone: 802-872-4625

Email: rex.h.steves@uscis.dhs.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

DRAFT SOLICITATION

U.S. Citizenship & Immigration Services (USCIS)

Application Support Center (ASC)

HSSCCG-17-R-00005

SECTION A – 1449 1

SECTION B - CONTINUATION OF ANY BLOCKS FROM 1449 3

CLIN 0002 (and OPTION CLINs) BLOCK 20 CONTINUATION: 5

NOTIONAL TABLE, PROVIDED AS AN EXAMPLE

Rescheduling Office Volume Bands Min Volume Max Volume Price Monthly Billing Amount Evaluated Annual Price

Baseline: Fixed price per month AA 0 5,697 $0.00 $0.00 $0.00

Fixed price per applicant processed AB 5,698 11,393 $0.00 $0.00 $0.00

Fixed price per applicant processed AC 11,394 17,090 $0.00 $0.00 $0.00

Fixed price per applicant processed AD 17,091 22,787 $0.00 $0.00 $0.00

Fixed price per applicant processed AE 22,788 34,180 $0.00 $0.00 $0.00

See Vendor Pricing Template for pricing schedule 8

BIOMETRIC COLLECTION VOLUME BANDS 10

See Vendor Pricing Template for pricing schedule 12

IDENTITY VERIFICATION VOLUME BANDS 14

See Vendor Pricing Template for pricing schedule 16

SECTION C - CONTRACT CLAUSES 18

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 20

This contract incorporates one or more clauses by reference, with the same force and effect as if 22 they were given in full text. Upon request, the Contracting Officer will make their full text 23 available. Also, the full text of a clause may be accessed electronically at these addresses: 24 http://www.acquisition.gov/far. 25

FAR Clause Title and Date 27 52.203-3 Gratuities (Apr 1984) 28 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform 29

Employees of Whistleblower Rights (Apr 2014) 30 52.204-2 Security Requirements (Aug. 1996) 31 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 32

(May 2011) 33 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 34 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 35 52.212-4 Contract Terms and Conditions -- Commercial Items (Jan 2017) 36 http://www.acquisition.gov/far

Alternate I (Jan 2017) 37

FILL-INS: 38

(a)(4) N/A 39 (e)(1)(iii)(D) N/A 40

(i)(1)(ii)(D)(1) FACILITIES, TRAVEL, and EQUIPMENT 41 (i)(1)(ii)(D)(2) NONE 42

52.223-10 Waste Reduction Program (May 2011) 43 52.223-19 Compliance With Environmental Management Systems (May 2011) 44 52.224-1 Privacy Act Notification (Apr 1984) 45 52.224-2 Privacy Act (Apr 1984) 46 52.227-14 Rights in Data -- General (May 2014) 47 52.227-16 Additional Data Requirements (Jun 1987) 48 52.227-17 Rights in Data -- Special Works (Dec 2007) 49 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) 50 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 51 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) 52 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 53 52.237-3 Continuity of Services (Jan 1991) 54 52.242-13 Bankruptcy (Jul 1995) 55 52.245-1 Government Property (Apr 2012) 56 52.245-9 Use and Charges (Apr 2012) 57 52.246-25 Limitation of Liability -- Services (Feb 1997) 58

(End of clause) 59

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive 61 Orders -- Commercial Items (Jan 2017) 62

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) 63 clauses, which are incorporated in this contract by reference, to implement provisions of law or 64 Executive orders applicable to acquisitions of commercial items: 65

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or 66 Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and 67 Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor 68 provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 69

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 70 2015) 71

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 72

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 73 108-77, 108-78 (19 U.S.C. 3805 note)). 74

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting 75 officer has indicated as being incorporated in this contract by reference to implement provisions 76 of law or Executive orders applicable to acquisitions of commercial items: 77

[Contracting Officer check as appropriate.] 78 _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 79 with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 80

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 81 U.S.C. 3509). 82 ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and 83 Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to 84 contracts funded by the American Recovery and Reinvestment Act of 2009). 85 _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract 86 Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). 87 ___ (5) [Reserved] 88 _X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-89 117, section 743 of Div. C). 90 ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery 91 Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). 92 _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with 93 Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 94 6101 note). 95 _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility 96 Matters (Jul 2013) (41 U.S.C. 2313). 97 ___ (10) [Reserved] 98 ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) 99 (15 U.S.C. 657a). 100 ___ (ii) Alternate I (Nov 2011) of 52.219-3. 101 _X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small 102 Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so 103 indicate in its offer)(15 U.S.C. 657a). 104 ___ (ii) Alternate I (Jan 2011) of 52.219-4. 105 ___ (13) [Reserved] 106 ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). 107 ___ (ii) Alternate I (Nov 2011). 108 ___ (iii) Alternate II (Nov 2011). 109 ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 110 644). 111 ___ (ii) Alternate I (Oct 1995) of 52.219-7. 112 ___ (iii) Alternate II (Mar 2004) of 52.219-7. 113 _X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 114 637(d)(2) and (3)). 115 _X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 116 (d)(4)). 117 ___ (ii) Alternate I (Nov 2016) of 52.219-9. 118 _X_ (iii) Alternate II (Nov 2016) of 52.219-9. 119 ___ (iv) Alternate III (Nov 2016) of 52.219-9. 120 ___ (v) Alternate IV (Nov 2016) of 52.219-9. 121 ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 122 ___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). 123

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 124 637(d)(4)(F)(i)). 125 ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-126 Aside (Nov 2011) (15 U.S.C. 657f). 127 _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) 128 (15 U.S.C. 632(a)(2)). 129 ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically 130 Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 131 637(m)). 132 ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned 133 Small Business Concerns Eligible Under the Women-Owned Small Business Program 134 (Dec 2015) (15 U.S.C. 637(m)). 135 _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 136 _X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 137 2016) (E.O. 13126). 138 _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 139 _X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 140 _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 141 _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 142 U.S.C. 793). 143 _X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 144 _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor 145 Relations Act (Dec 2010) (E.O. 13496). 146 ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 147 78 and E.O. 13627). 148 ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). 149 _X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). 150 (Not applicable to the acquisition of commercially available off-the-shelf items or certain 151 other types of commercial items as prescribed in 22.1803.) 152 _X__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). 153 (Applies at $50 million for solicitations and resultant contracts issued from October 25, 154 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts 155 issued after April 24, 2017). 156 Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is 157 enjoined indefinitely as of the date of the order. The enjoined paragraph will become 158 effective immediately if the court terminates the injunction. At that time, DoD, GSA, and 159 NASA will publish a document in the Federal Register advising the public of the 160 termination of the injunction. 161 _X__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). 162 ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-163 Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the 164 acquisition of commercially available off-the-shelf items.) 165 ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to 166 the acquisition of commercially available off-the-shelf items.) 167

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential 168 Hydrofluorocarbons (Jun 2016) (E.O.13693). 169 ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration 170 Equipment and Air Conditioners (Jun 2016) (E.O. 13693). 171 ___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 172 2014) (E.O.s 13423 and 13514 173 ___ (ii) Alternate I (Oct 2015) of 52.223-13. 174 ___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) 175 (E.O.s 13423 and 13514). 176 ___ (ii) Alternate I (Jun 2014) of 52.223-14. 177 ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 178 U.S.C. 8259b). 179 ___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products 180 (Oct 2015) (E.O.s 13423 and 13514). 181 ___ (ii) Alternate I (Jun 2014) of 52.223-16. 182 _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while 183 Driving (Aug 2011) (E.O. 13513). 184 ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 185 ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). 186 X (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 187 ___ (ii) Alternate I (Jan 2017) of 52.224-3. 188 ___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). 189 ___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 190 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 191 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 192 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). 193 ___ (ii) Alternate I (May 2014) of 52.225-3. 194 ___ (iii) Alternate II (May 2014) of 52.225-3. 195 ___ (iv) Alternate III (May 2014) of 52.225-3. 196 ___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 197 3301 note). 198 _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, 199 proclamations, and statutes administered by the Office of Foreign Assets Control of the 200 Department of the Treasury). 201 ___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the 202 United States (Oct 2016) (Section 862, as amended, of the National Defense 203 Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 204 ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 205 U.S.C. 5150). 206 ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area 207 (Nov 2007) (42 U.S.C. 5150). 208 ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 209 (41 U.S.C. 4505), 10 U.S.C. 2307(f)). 210

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 211 4505, 10 U.S.C. 2307(f)). 212 _X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award 213 Management (Jul 2013) (31 U.S.C. 3332). 214 ___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for 215 Award Management (Jul 2013) (31 U.S.C. 3332). 216 ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 217 _X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 218 _X_ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 219 637(d)(12)). 220 ___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels 221 (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). 222 ___ (ii) Alternate I (Apr 2003) of 52.247-64. 223

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to 224 commercial services, that the Contracting Officer has indicated as being incorporated in this 225 contract by reference to implement provisions of law or executive orders applicable to 226 acquisitions of commercial items: 227

[Contracting Officer check as appropriate.] 228 _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) 229 _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 230 67.). 231 _X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 232 U.S.C. 206 and 41 U.S.C. chapter 67). 233 _X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- 234 Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 235 41 U.S.C. chapter 67). 236 ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- 237 Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 238 ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards 239 to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--240 Requirements (May 2014) (41 U.S.C. chapter 67). 241 ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards 242 to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). 243 _X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 244 13658). 245 _X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 246 13706). 247 ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 248 2014) (42 U.S.C. 1792). 249 ___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 250 2014) (42 U.S.C. 1792). 251 ___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 252 5112(p)(1)). 253

(d) Comptroller General Examination of Record The Contractor shall comply with the 254 provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in 255 excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit 256 and Records -- Negotiation. 257

(1) The Comptroller General of the United States, or an authorized representative of the 258 Comptroller General, shall have access to and right to examine any of the Contractor’s 259 directly pertinent records involving transactions related to this contract. 260

(2) The Contractor shall make available at its offices at all reasonable times the records, 261 materials, and other evidence for examination, audit, or reproduction, until 3 years after 262 final payment under this contract or for any shorter period specified in FAR Subpart 4.7, 263 Contractor Records Retention, of the other clauses of this contract. If this contract is 264 completely or partially terminated, the records relating to the work terminated shall be 265 made available for 3 years after any resulting final termination settlement. Records 266 relating to appeals under the disputes clause or to litigation or the settlement of claims 267 arising under or relating to this contract shall be made available until such appeals, 268 litigation, or claims are finally resolved. 269

(3) As used in this clause, records include books, documents, accounting procedures and 270 practices, and other data, regardless of type and regardless of form. This does not require 271 the Contractor to create or maintain any record that the Contractor does not maintain in 272 the ordinary course of business or pursuant to a provision of law. 273

(e) 274

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of 275 this clause, the Contractor is not required to flow down any FAR clause, other than those 276 in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated 277 below, the extent of the flow down shall be as required by the clause— 278

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 279 U.S.C. 3509). 280

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality 281 Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the 282 Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) 283 and its successor provisions in subsequent appropriations acts (and as extended in 284 continuing resolutions)). 285

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 286 637(d)(2) and (3)), in all subcontracts that offer further subcontracting 287 opportunities. If the subcontract (except subcontracts to small business concerns) 288 exceeds $700,000 ($1.5 million for construction of any public facility), the 289 subcontractor must include 52.219-8 in lower tier subcontracts that offer 290 subcontracting opportunities. 291

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). 292 Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. 293

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 294

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 295

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 296

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 297 U.S.C. 793). 298

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 299

(x) 52.222-40, Notification of Employee Rights Under the National Labor 300 Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with 301 paragraph (f) of FAR clause 52.222-40. 302

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 303 67). 304

(xii) _X_(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 305 chapter 78 and E.O. 13627). 306

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 307 13627). 308

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor 309 Standards to Contracts for Maintenance, Calibration, or Repair of Certain 310 Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) 311

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor 312 Standards to Contracts for Certain Services--Requirements (May 2014) (41 313 U.S.C. chapter 67) 314

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). 315

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 316

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 317 2016) (Applies at $50 million for solicitations and resultant contracts issued from 318 October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and 319 resultant contracts issued after April 24, 2017). 320 Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 321 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined 322 paragraph will become effective immediately if the court terminates the 323 injunction. At that time, DoD, GSA, and NASA will publish a document in the 324 Federal Register advising the public of the termination of the injunction. 325

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). 326

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 327 13706). 328

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 329

(B) Alternate I (Jan 2017) of 52.224-3. 330

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the 331 United States (Oct 2016) (Section 862, as amended, of the National Defense 332 Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 333

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. 334 (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph 335

(e) of FAR clause 52.226-6. 336

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels 337 (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in 338 accordance with paragraph (d) of FAR clause 52.247-64. 339

(2) While not required, the Contractor may include in its subcontracts for commercial 340 items a minimal number of additional clauses necessary to satisfy its contractual 341 obligations. 342

(End of Clause) 343

52.217-8 Option to Extend Services (Nov 1999) 345 The Government may require continued performance of any services within the limits and at 346 the rates specified in the contract. These rates may be adjusted only as a result of revisions to 347 prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised 348 more than once, but the total extension of performance hereunder shall not exceed 6 months. The 349 Contracting Officer may exercise the option by written notice to the Contractor within 30 days 350 before the contract expires. 351

(End of clause) 353

52.217-9 Option to Extend the Term of the Contract (Mar 2000) 355

(a) The Government may extend the term of this contract by written notice to the Contractor 356 within 30 days before the contract expires; provided that the Government gives the Contractor a 357 preliminary written notice of its intent to extend at least 60 days before the contract expires. The 358 preliminary notice does not commit the Government to an extension. 359

(b) If the Government exercises this option, the extended contract shall be considered to 360 include this option clause. 361

(c) The total duration of this contract, including the exercise of any options under this clause, 362 shall not exceed 60 months. 363

(End of clause) 365

52.222-42 -Statement of Equivalent Rates for Federal Hires (May 2014) 367

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of 368 Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed 369 under the contract and states the wages and fringe benefits payable to each if they were employed by the 370 contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. 371

This Statement is for Information Only: 372 It is not a Wage Determination 373

Position Hourly Rate

Fringe Rate

Total Rate

Unarmed Guard GS-0085-4 Step 4 13.31 4.8249 31.4449

Biometric Technician - Immigration Services Clerk GS- 0303-5 Step 4

14.90 5.4013 35.2013

Supervisory Site Manager GS-0301-11 Step 4 27.31 9.8999 64.5199

Clerk/Receptionist GS-0304-5 Step 4 14.90 5.4013 35.2013

(End of Clause) 382

52.253-1 Computer Generated Forms (Jan 1991) 384

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal 385 Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, 386 provided there is no change to the name, content, or sequence of the data elements on the form, 387 and provided the form carries the Standard or Optional Form number and edition date. 388

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency 389 unique form prescribed by an agency supplement to the FAR may be submitted on a computer 390 generated version of the form provided there is no change to the name, content, or sequence of 391 the data elements on the form and provided the form carries the agency form number and edition 392 date. 393

(c) If the Contractor submits a computer generated version of a form that is different than the 394 required form, then the rights and obligations of the parties will be determined based on the 395 content of the required form. 396

(End of Clause) 398

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES 400

INCORPORATED BY REFERENCE 401

The full text of HSAR clauses may be accessed electronically at the following address: 403 http://farsite.hill.af.mil/VFHSAR1.HTM 404 HSAR Clause Title and Date 405

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - 406

APPLICABLE LICENSES AND PERMITS (JUN 2006) 407

3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003) 409

HSAR CLAUSES - FULL TEXT 414

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES 415

(JUN 2006) 416

(a) Prohibitions. 417 Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland 418 Security from entering into any contract with a foreign incorporated entity which is treated as an 419 inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. 420 The Secretary shall waive the prohibition with respect to any specific contract if the Secretary 421 determines that the waiver is required in the interest of national security. 422

(b) Definitions. As used in this clause: 423 Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the 424 Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that 425 section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 426 percent' each place it appears. 427 Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of 428 the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for 429 purposes of the Internal Revenue Code of 1986. 430 Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted 431 domestic corporation if, pursuant to a plan (or a series of related transactions)— 432

(1) The entity completes the direct or indirect acquisition of substantially all of the properties 433 held directly or indirectly by a domestic corporation or substantially all of the properties 434 constituting a trade or business of a domestic partnership; 435

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held— 436

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of 437 the domestic corporation by reason of holding stock in the domestic corporation; or 438

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the 439 domestic partnership by reason of holding a capital or profits interest in the domestic partnership; 440 and 441

(3) The expanded affiliated group which after the acquisition includes the entity does not have 442 substantial business activities in the foreign country in which or under the law of which the entity 443 is created or organized when compared to the total business activities of such expanded affiliated 444 group. 445 Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) 446 of section 7701(a) of the Internal Revenue Code of 1986, respectively. 447

(c) Special rules. The following definitions and special rules shall apply when determining 448 whether a foreign incorporated entity should be treated as an inverted domestic corporation. 449

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an 450 inverted domestic corporation these shall not be taken into account in determining ownership: 451

(i) Stock held by members of the expanded affiliated group which includes the foreign 452 incorporated entity; or 453

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in 454 section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). 455

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly 456 substantially all of the properties of a domestic corporation or partnership during the 4-year 457 period beginning on the date which is 2 years before the ownership requirements of subsection 458 (b)(2) are met, such actions shall be treated as pursuant to a plan. 459

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by 460 contribution or distribution) shall be disregarded if such transfers are part of a plan a principal 461 purpose of which is to avoid the purposes of this section. 462

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the 463 Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as 464 provided in regulations, all domestic partnerships which are under common control (within the 465 meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. 466

(e) Treatment of Certain Rights. 467

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of 468 all equitable interests incident to the transaction, as follows: 469

(i) warrants; 470

(ii) options; 471

(iii) contracts to acquire stock; 472

(iv) convertible debt instruments; and 473

(v) others similar interests. 474

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do 475 so to reflect the present value of the transaction or to disregard transactions whose recognition 476 would defeat the purpose of Section 835. 477

(f) Disclosure. The offeror under this solicitation represents that [Check one]: 478 __ it is not a foreign incorporated entity that should be treated as an inverted domestic 479 corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; 480 __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation 481 pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has 482 submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or 483 __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation 484 pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans 485 to submit a request for waiver pursuant to 3009.108-7004. 486

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if 487 a waiver has been applied for, shall be attached to the bid or proposal. 488

(End of clause) 489

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS 491

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) 492

The Contractor agrees to comply with any provision or clause that is incorporated herein by 493 reference to implement agency policy applicable to acquisition of commercial items or 494 components. The provision or clause in effect based on the applicable regulation cited on the 495 date the solicitation is issued applies unless otherwise stated herein. The following provisions 496 and clauses are incorporated by reference: 497 [The Contracting Officer should either check the provisions and clauses that apply or delete the 498 provisions and clauses that do not apply from the list. The Contracting Officer may add the date 499 of the provision or clause if desired for clarity.] 500

(a) Provisions. 501

____3052.209-72 Organizational Conflicts of Interest. 502 ____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. 503 __X__3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé 504 Program. 505

(b) Clauses. 506 __X__3052.203-70 Instructions for Contractor Disclosure of Violations. 507 __X__3052.204-70 Security Requirements for Unclassified Information Technology Resources. 508 __X__3052.204-71 Contractor Employee Access. 509 ____Alternate I 510 __X__3052.205-70 Advertisement, Publicizing Awards, and Releases. 511 ____3052.209-73 Limitation on Future Contracting. 512 __X__3052.215-70 Key Personnel or Facilities. 513 ____3052.216-71 Determination of Award Fee. 514 ____3052.216-72 Performance Evaluation Plan. 515 ____3052.216-73 Distribution of Award Fee. 516 ____3052.217-91 Performance. (USCG) 517 ____3052.217-92 Inspection and Manner of Doing Work. (USCG) 518 ____3052.217-93 Subcontracts. (USCG) 519 ____3052.217-94 Lay Days. (USCG) 520 ____3052.217-95 Liability and Insurance. (USCG) 521 ____3052.217-96 Title. (USCG) 522 ____3052.217-97 Discharge of Liens. (USCG) 523 ____3052.217-98 Delays. (USCG) 524 ____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) 525 ____3052.217-100 Guarantee. (USCG) 526 __X__3052.219-70 Small Business Subcontracting Plan Reporting. 527 __X__3052.219-71 DHS Mentor Protégé Program. 528 __X__3052.228-70 Insurance. 529 ____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) 530 ____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) 531 ____3052.228-92 Fair Market Value of Aircraft. (USCG) 532 ____3052.228-93 Risk and Indemnities. (USCG) 533 ____3052.236-70 Special Provisions for Work at Operating Airports. 534 __X__3052.242-72 Contracting Officer’s Technical Representative. 535 ____3052.247-70 F.o.B. Origin Information. 536 ____Alternate I 537 ____Alternate II 538 ____3052.247-71 F.o.B. Origin Only. 539 ____3052.247-72 F.o.B. Destination Only. 540

(End of clause) 542

3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) 546

(a) The personnel or facilities specified below are considered essential to the work being 547 performed under this contract and may, with the consent of the contracting parties, be changed 548 from time to time during the course of the contract by adding or deleting personnel or facilities, 549 as appropriate. 550

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor 551 shall notify the Contracting Officer, in writing, before the change becomes effective.