HSSCCG-17-Q-00331_Amendment_1.pdf

HSSCCG-17-Q-00331

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-17-Q-00331 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 small business set-aside and the associated NAICS code is 484121, General Freight Trucking, Long-Distance, Truckload, 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 A. See the Statement of Work below for a description of requirements for the items to be acquired.

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 A

This is a request for quote for a Firm Fixed Price (FFP) purchase order, which shall provide regularly schedule shipments of palletized boxes of files to be delivered to the National Record Center (NRC) and Harrisonburg File Facilities (HBG) from the Nebraska Service Center (NSC).

BASE YEAR PERIOD 07/01/2017-12/31/2017

CLIN Item Description Qty. Unit

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

OPTION 1 PERIOD: 01/01/2018-06/30/2018

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

OPTION 2 PERIOD: 07/01/2018-12/31/2018

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

OPTION 3 PERIOD: 01/01/19-06/30/2019

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

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 (JAN

2017)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)

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.

(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:

http://www.acquisition.gov/far mailto:USCISInvoice.Consolidation@ice.dhs.gov

USCIS Invoice Consolidation PO Box 1000 Williston, VT 05495

(End of Addendum)

FAR CLAUSES IN FULL TEXT

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Apr 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a

Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

(a) Definitions. As used in this clause--

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

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

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108‐77 and 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).

_X_ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct 2016) (Pub. L.

109‐282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

X__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

X__ (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).

_X_ (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 Set‐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.

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

__ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

_X_ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Nov 2016) of 52.219‐9.

__ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (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. 657 f).

_X_ (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 (Oct 2016) (E.O. 13126).

_X_ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (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).

_X_ (31) 52.222‐37, Employment Reports on Veterans

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

_X_ (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).

_X_ (34) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

_X_ (35) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction.

At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X_ (36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(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.)

__ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN

2016) (E.O. 13693).

__ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (40)(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.

__ (41)(i) 52.223‐14, Acquisition of EPEAT®‐ Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐14.

__ (42) 52.223‐15, Energy Efficiency in Energy‐ Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(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.

_X_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

__ (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (48) 52.225‐1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(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.

__ (50) 52.225‐5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (55) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (56) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (57) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (60) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (61) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(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.] _X_ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (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).

_X_ (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).

_X_ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records— Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 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) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (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.

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

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(x) 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.

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

(xii)(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 and E.O 13627).

(xiii) 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).

(xiv) 52.222‐53, Exemption from Application of

p. 4 of 4 the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222‐54, Employment Eligibility Verification

(OCT 2015) (E.O. 12989).

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

(xvii) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction.

At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224‐3.

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

2302 Note).

(xxii) 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.

(xxiii) 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)

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 two years.

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

INCORPORATED BY REFERENCE

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

STATEMENT OF WORK

SCHEDULED FILE SHIPMENTS

NEBRASKA SERVICE CENTER (NSC)

1. TITLE OF PROJECT

The Nebraska Service Center (NSC) has a need for regularly scheduled shipment of palletized boxes of file to be delivered to the National Record Center (NRC) and Harrisonburg File Facilities (HBG).

2. PERIOD OF PERFORMANCE

This requirement consists of a Base Period and 3 Optional 6 months’ Periods, to a maximum of 2 years.

3. PLACE OF PERFORMANCE

Pick-up/Point of Contact Location DHS/USCIS/Nebraska Service Center Denney Federal Building, Loading Dock 100 Centennial Mall North Lincoln, NE 68508

4. TECHNICAL POINT OF CONTACT

DHS/USCIS/Nebraska Service Center Thi Luong Lincoln, NE 68508 Phone (402) 219-6079

5. SERVICE REQUIREMENT

The Contractor shall own their own fleet of vehicles and shall not be a broker.

Pallets will be filled and shrink-wrapped by the NSC Staff prior to the arrival of the shipping contractor. The pallets will be staged at the dock area for pick-up. The shipping contractor shall load the pallets into the shipping container at the Denney Federal Building Loading Dock. The locking dock has an incline of 5.7% and may require an electric pallet to complete the work. The shipping contractor will unload the pallets at the delivery location’s dock.

A local file operations supervisor will be present to ensure the content of the files in the filled/shrink-wrapped pallets are loaded by the shipping Contractor and all pallets are accounted for. The shipping contractor is required to have a metal or plastic seal with an ID or serial number at the time of pickup.

Once the pallets are loaded, the shipping contractor is required to seal the container doors with a contractor-furnished seal. The seal serial number used for the shipment shall be provided to the point of contact at the pick-up location prior to departure.

After the container is sealed, the contractor will have to take full responsibilities of the container until it is delivered to the destination. Only the receiver or law enforcement personnel are allowed to break the seal. The contractor is allowed to break the seal only at the direction of the USCIS designated point of contact or law enforcement personnel.

Should it become necessary to tamper with, break, or remove the seal due to unforeseen circumstances, such as law enforcement requirement or weight station inspections, etc., the contractor shall notify the NSC point of contact immediately to report the breaking of the seal and the reason. In addition, the contractor shall replace the seal with a new one and provide the NSC point of contact with the seal ID # immediately. In all cases, the contractor shall provide copies of all written documentation (if it exists) regarding the incident to the NSC point of contact.

The contractor is required to report any lost, damaged, or destroyed pallets to USCIS Technical Point of Contact as soon as the incident occurs.

The contractor shall provide a dedicated truck with a container (trailer) for transport. The contractor shall transport only NSC pallets, regardless of quantity (even if one pallet), to destination. The contractor shall not mix loads. Each shipment of pallets shall be considered a Full Truck Load (FTL) regardless of the number of pallets shipped.

The contractor shall not transport content from other business, individuals, or create compartments inside the container to transport items from other entities.

The content of the pallets include cardboard file storage containing unclassified but sensitive A-File and/or receipt files. Up to 24 pallets will require shipment to the NRC and up to 24 pallets will require shipment to HBG. Pallets will be loaded with up to 45 boxes per pallet. Each box weight approximately 32 lbs. A full pallet will measure approximately 48” x 40” and weight approximately 1,440 lbs.

All three facilities involved (pickup facilities and delivery facilities – NRC & HBG) have a dock and normal dock height (NOTE: The pickup facilities have a maximum dock length of sixty (60) feet which may result in the truck front end sticking out the dock.

The dock is slightly slope with an incline of 5.7%). All Location can provide the driver with the use of a manual pallet jack to load and unload the pallets. The driver can pick-up the pallets at the pickup location between 0800-1400. Inside pick-up and delivery is required.

Shipments to the NRC will be pickup on the first and third Monday of each month per the attached schedule except for Federal Holiday. The shipment to the HBG will be pickup on the second Wednesday of each month per the attached schedule except for Federal Holidays. When a Federal Holidays falls on the pick-up day, the pick-up shall be made the following day.

Delivery is dock to dock. Delivery shall occur within a reasonable amount of time it takes to travel to the delivery location. Files shipped between the NSC and NRC shall be delivered the same day. Files shipped between NSC and HBG shall be delivered within 3 business days.

The driver shall provide the NSC personnel a Bill of Lading (BOL) at the pick up of the pallets for transport. BOL must be submitted to the assigned Technical Point of Contact (TPOC) two days prior to shipment. The vendor shall provide the pickup driver ETA to the TPOC two days prior to the pickup.

The truck driver shall deliver the contents from dock to dock with 3 business days to HBG and one business day to NRC from the date of pick-up. In the event of a delay in delivery 1 day or more, even though it may fall within the allotted delivery time frame, the contractor shall immediately notify the NSC point of contact at the phone number listed above.

After each delivery the contractor will email the NSC point of contact the date and time the pallets were delivered to the destination. This information may be included on a revised Bill of Lading in lieu of e-mail. The contractor’s BOL shall become property of the Government and shall be kept with the contract.

Off schedule shipments/optional deliveries may be required. The NSC will provide the contractor notice of the off schedule shipment/option delivery at least five business days in advance of the desired pick-up date. Terms and condition will remain the same as scheduled shipments.

Should cancellation of a scheduled delivery occur, the NSC will provide the contractor notice to the contractor at least five business days in advance of the pick-up date.

6. DELIVERY LOCATIONS

Shipments will be delivered to the following two (2) locations, alternating between locations weekly. Delivery acceptance hours at both facilities are as follows:

National Record Center (NRC) 150 Space Center Loop Lee’s Summit, MO 64064 Between 0800-1400 Deliveries accepted between 0800-1400, 1st and 3rd Monday of each Month.

Harrisonburg File Facility (HBG) 1344 Pleasant Drive Harrisonburg, VA 22801 Between 0700-1500 Deliveries accepted between 0700-1500, Monday through Friday.

7. TENTATIVE DELIVERY SCHEDULE

See attached for scheduled.

(The section below will be removed after award)

FAR PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-1 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 these address(es):

http://www.acquisition.gov/far or http://farsite.hill.af.mil/vffara.htm

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2013)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Proposal Submission:

Submit one original electronic version of the proposal to: Sara.Riordan@uscis.dhs.gov and Liza.E.Brice@uscis.dhs.gov.

The proposal shall be received by 12:30 PM ET, June 20, 2017.

The offer shall be divided into two separate volumes as indicated below and each volume shall be submitted in its own file(s) in Adobe (.pdf) format.

TITLE PAGE LIMIT

Volume I:

(Business) Factor 1- Price

No page limit

Volume II:

(Technical) Factor 2- Technical Acceptability

5 page maximum (excluding cover page)

An offer not complying with these instructions may be rejected at the Contracting Officer’s discretion.

Basis of Award / Evaluation of Offers:

http://www.acquisition.gov/far http://farsite.hill.af.mil/vffara.htm mailto:Sara.Riordan@uscis.dhs.gov mailto:Liza.E.Brice@uscis.dhs.gov

Award shall be made using the lowest price technically acceptable (LPTA) process in order to determine the best value to the Government. The Government shall conduct an evaluation of the 2 factors described below. Upon receipt of proposals, the Government will review the apparent lowest price proposal, which will be reviewed for technical acceptability. In accordance with the evaluation factors, if the apparent lowest price proposal is rated Technically Acceptable, no further evaluations will be completed and that apparent lowest price proposal will be selected for award. If the apparent lowest price proposal is not Technically Acceptable, the Government will then evaluate the next apparent lowest price proposal for Technical Acceptability. This process will continue until the lowest priced proposal that is Technical Acceptable is determined.

Factor 1- Price

Volume II will be used to evaluate this factor. The proposed price will be evaluated for reasonableness.

Factor 2- Technical Acceptability

Volume I will be used to evaluate this factor. The Government shall consider the following as it relates to the offeror’s technical approach and the confidence the Government has in the offeror’s ability to meet the Government’s expectation:

The technical approach shall describe the offeror’s solution to meeting the requirements as defined in the Statement of Work (SOW). Offerors shall ensure they accurately describe their current capabilities, to include their “on-hand” vehicle fleet information, how they plan to meet the attached shipping schedule, and their DOT number.

FAR PROVISIONS INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS—REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision--

“Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P466_70159 abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

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

Title Series Title Grade Step Annual Rate 2017 Driver (Lee Summit, MO) WG-5703 Motor Vehicle

Operator GS-0302-02 4 $25,617.00

Driver (Harrisburg, VA) WG-5703 Motor Vehicle

Operator GS-0302-02 4 $25,613.00

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2014)

(This provision is required in full text only if the vendor has not completed its presentations and certifications in ORCA, or it is not covered in the underlying contract)

52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017)