HSSCCG-17-R-00037.pdf

HSSCCG-17-R-00037

SECTION I

A. SCHEDULE OF SUPPLIES/SERVICES

1. General: This is a request for proposal for a Hybrid, Firm Fixed Price (FFP), and Time and

Materials (T&M) contract, which shall provide for Public Education and Outreach services, and associated supplies (media buys), in support of the E-Verify and SAVE Programs.

2. Period of Performance:

Base Period 9/30/2017 – 9/29/2018 1st Option 9/30/2018 – 9/29/2019 2nd Option 9/30/2019 – 9/29/2020

3. Time & Materials (T&M) Labor Rate Pricing Schedule: Pricing shall be provided in accordance with the instructions provided in the attached pricing sheet, Attachment B, and in accordance with the attached statement of work (Attachment A). The hourly rates are fixed rates that include wages, overhead, general and administrative expenses, and profit.

Complete all CLIN tables in the attached pricing sheet.

4. Further instructions are found at Section IV, Instructions, Conditions and Notices to Offerors.

Pricing varies as indicated by each Contract Line Item Number (CLIN). Each offer must contain prices for all CLINs.

SECTION II

TERMS AND CONDITIONS

A. 52.212-4 -CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN

2017)

B. ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS

Performance Reporting:

For active contracts valued in excess of $1,000,000 for services, the Federal Acquisition Regulation (FAR) 42.1502 requires federal agencies to prepare contractor performance evaluations (report cards). Report cards are completed and forwarded to the contractor for review within thirty calendar days from the time the work under the contract is completed for each contract year. Interim evaluations by the Contracting Officer may be completed as necessary.

The contractor has thirty days to reply with comments, rebutting statements, or additional information that will be made part of the official record.

Invoicing Instructions:

(a) 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).

(9) The contractor shall identify on each invoice the subcontract costs by subcontractor name and show the total percent of subcontract costs for that invoice as well as cumulative subcontract costs and overall subcontracted percent to date.

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

(c) USCIS’ required 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 to USCISInvoice.Consolidation@ice.dhs.gov with each email conforming to a size limit of 500 KB.

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

USCIS Invoice Consolidation PO Box 1000 Williston, VT 05495

The contract shall be invoiced no more frequently than monthly basis. The invoice shall be sent via e-mail to the USCIS Contracting Officer’s Representative (COR) with the USCIS Contracting Officer (CO) copied.

Final Payment:

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

C. FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/far

(End of clause)

FAR Clause Title and Date 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Right (Apr 2014) 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13, System for Award Management Maintenance (Oct 2016) 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.212-4, Contract Terms and Conditions- Commercial Items (JAN 2017) – ALT 1

(i)(1)(ii)(D)(1): None (i)(1)(ii)(D)(2): $0

52.223-10, Waste Reduction Program (MAY 2011) 52.227-14, Rights in Data - General (MAY 2014) 52.227-16, Additional Data Requirements (JUN 1987) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-3, Continuity of Services (JAN 1991) mailto:USCISInvoice.Consolidation@ice.dhs.gov http://www.acquisition.gov/far

52.244-2, Subcontracts (OCT 2010)

(d): Media Buys and Materials under CLIN 0004, 0005, 0006, 1004, 1005, 1006, 2004, 2005, 2006

D. FAR CLAUSES INCORPORATED IN FULL TEXT

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 ___ (5) [Reserved] 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, 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.] __X_ (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).

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

_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).

_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 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.

_X_ (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.

___ (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)).

_X__ (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. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X__(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__(28) 52.222-26, Equal Opportunity (Sep 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).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 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, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (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 Television (Jun 2014) (E.O.s 13423 and 13514).

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

_X_ (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. 13696).

___ (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).

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

___ (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).

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

___ (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.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, 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 (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

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

(ii) 52.203-19, 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 (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 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 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 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).

_X__ (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, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X__ (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).

_X__ (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 15 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 thirty-six (36) months.

E. HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

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

HSAR Clause Title and Date 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(DEC 2003)

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003)

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEPT 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

(b) Clauses.

_X_ 3052.205-70 Advertisement, Publicizing Awards, and Releases. (SEP 2102) _X__3052.242-72 Contracting Officer’s Technical Representative.

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

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

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

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

The Key Personnel under this Contract shall include at a minimum:

1. Program Manager

G. SPECIAL CONTRACT REQUIREMENTS

LIMITATIONS ON SUBCONTRACTS

In accordance with the FAR clause 52.219-14, offerors/contractors are allowed to subcontract only certain percentages of work for supplies, services, or construction. To monitor this, contractors are required to state the percentage of subcontracting performed on each invoice as described in the Invoicing Instructions above. If allowable subcontracting percentages are exceeding on at least an annual basis or the term of the contract, whichever occurs first, or if there is concern throughout the annual reporting period that the subcontracting percentages may be exceeded before the end of the reporting period, the Contracting Officer may request a Corrective Action Plan (CAP). If the contractor fails to meet the agreed to corrective action goals, the Contracting Officer may:

a. Withhold payment based on the amount of the costs exceeding the limitation;

b. Reduce the contract amount by the costs exceeding the limitation; and

c. Terminate the contract.

The final reduction to the contract amount, if any, would be established at closeout of the contract. Additionally, if subcontracting percentages are exceeded, it will be recorded in the applicable contractor’s performance evaluation (as required per FAR 42.15). In order to ensure that the required percentage of costs under this small business set-aside is performed by the prime contractor, the prime must demonstrate annually that it has performed the required percentage to date. FAR 52.219-14 requires that, for total small business set-asides for services, “at least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the [Offeror]” (rather than subcontracted labor). Small business prime contractors will be required to report annually, within 30 days of the end of each year or the expiration of the contract (whichever is applicable), the total cost of labor on all work performed under this set-aside during the 12-month reporting period, and the total subcontracted labor cost during the same period. Thus, for this set-aside, the combined total of all costs during the 12-month period must reflect that the prime contractor has performed at least 50% of costs incurred for personnel using its own employees.

FAR 52.219-71, SECTION 8(a) DIRECT AWARD (DEVIATION) (NOV 2005)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration

(SBA) and the Department of Homeland Security (DHS). SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

[To be completed by Contracting Officer at time of award]

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.

(c) The contractor agrees:

(1) to notify the Contracting Officer, simultaneously with its notification to SBA (as required by SBA’s 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C.

637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership or control.

(2) to adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting.

(End of Clause) Optional Special Projects CLIN:

(a) Optional special projects CLIN is included for the purpose of providing additional advertising and marketing services in the event of unknown and/or unplanned for initiatives, legislative changes, policy changes or products.

This optional CLIN may be exercised at the sole discretion of the Government.

(b) The special projects CLIN may be exercised more than once but the total price of all the exercises of this CLIN shall not exceed that CLIN’s not-to-exceed amount.

(c) Special project events will be specifically identified by the Government by issuance of a written notice of intent to exercise the special projects CLIN.

(d) The period of time between issuance of the notice of intent and exercise of the optional CLIN will be at least ten calendar days.

SECTION III

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachment A – Statement of Work Attachment B – Pricing Sheet Attachment C – Security Clause 3

SECTION IV

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

A. 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)

52.203-18, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

REPRESENTATION (JAN 2017)

52.204-7, SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-16, COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

52.204-17, OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016)

52.204-22, ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.209-2, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS--REPRESENTATION (NOV 2015)

52.209-11, REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB

2016)

52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JAN 2017)

B. ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS (JAN 2017) –

1.0 Questions

Questions concerning the solicitation shall be submitted electronically in the following format to the Contract Specialist and Contracting Officer, krista.l.auger-mitchell@uscis.dhs.gov and sarah.e.rizner@uscis.dhs.gov:

# Question* Volume # Section # Page # http://www.acquisition.gov/far http://farsite.hill.af.mil/vffara.htm mailto:krista.l.auger-mitchell@uscis.dhs.gov mailto:sarah.e.rizner@uscis.dhs.gov

The government requests questions be submitted by 4pm, Eastern, Wednesday, August 2, 2017.

2.0 Proposal Submission:

Submit one original electronic version of the proposal to: krista.l.auger-mitchell@uscis.dhs.gov;

sarah.e.rizner@uscis.dhs.gov. Each electronic proposal shall be in pdf format.

The written proposal shall be received by 4:00pm Eastern, Wednesday, August 9, 2017.

2.1 Proposal Instructions for Written Submission:

The proposal shall be divided into two volumes: Technical (Volume I) and Business (Volume II). The Technical proposal shall address the Experience factor. The Business proposal shall address the Past Performance and Price Factors. No cost or pricing information shall be included in the technical volume.

Cover Letter Instructions: The cover letter shall include the following:

• Solicitation number

• Date of submission

• Name, address of offeror and Data Universal Numbering System (DUNS) of offeror

• Name, title, and signature of the prime contractor’s authorized representative (signature authority)

• Name and point of contact (POC) telephone number, fax number and email address

(primary POC for this proposal)

• Name and POC for cognizant contract administration office and audit agency, phone number and email address if available

NO TELEPPHONIC INQUIRIES WILL BE ACCEPTED

Additional Proposal Instructions:

• Proposal Limitations: The contents of the volumes shall be within the required page limits specified in the table below. Page limitations shall be treated as maximums.

• Proposals must be submitted using Microsoft Office 2007-2010 including Word (.DOC), Excel (.XLS), and PowerPoint (PPT or PPS). Disable all macros on all files.

• Submissions must be legible.

• Except for the reproduced sections of the solicitation document, the text font will be

Times New Roman and text size no less than 10-point proportional.

• Page size shall be 8.5 by 11.0 inches.

• Foldouts are not allowed.

mailto:krista.l.auger-mitchell@uscis.dhs.gov mailto:sarah.e.rizner@uscis.dhs.gov

• Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are not allowed.

• Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software.

• Use at least 1-inch margins from the page edge to the main text on the top and bottom and ¾ inch side margins.

• Tables, charts, graphs, appendices, and attachments may be used wherever practical.

These pages will be included as part of the page limitation. They should be used to illustrate items such as organization structures, systems and layout, implementation schedules, or plans. These displays shall be uncomplicated, legible and shall not exceed

8.5 by 11.0 inches.

PROPOSAL SUBMISSION AND ORGANIZATION

Title Page Limitations

Volume I – Technical Proposal

- Experience Response

Volume 1 shall not exceed more than 10 pages in length. The cover page will not be included in the page count.

Volume II – Part 1, Price Proposal

- Complete attached pricing sheet and labor hour schedule

- Acknowledgement of amendments, if applicable

- Assumptions and Constraints

Part 2, Past Performance Information

Part 1 - No Page Limit

Part 2 - Past Performance 8 pages maximum, overall.

Any pages submitted that exceed the page limitations provided above will not be considered in the evaluation.

Volume 1, Factor 1 – Experience

This evaluation factor will be rated using adjectival ratings: Excellent, Good, Acceptable and Unacceptable.

The offeror’s proposal will be evaluated to assess whether the proposal demonstrates the prime offeror has recent and relevant experience as a prime or subcontractor. The government will assess whether or not the corporate experience identified by the offeror is recent.

Recent is defined as experience previously obtained or ended within the previous 3 years from the date of the RFP issuance.

The government will assess whether the experience identified by the offeror is relevant.

Relevant experience is defined as:

• Experience with providing marketing and advertising services for national campaigns.

• Experience with targeting various geographic areas and a diverse group of customers.

• Experience with:

o purchasing media for clients, o creating and managing social media campaigns; and o providing campaign performance metrics.

• Experience working on at least one campaign with a value that exceeds $1,000,000.00.

The offeror’s response shall include references to validate the experience requirements listed above.

Each reference(s) must include/address the following:

1. Whether the vendor acted as a prime or subcontractor for the requirement

2. Contract name

3. Contract number

4. Customer

5. Customer point of contact; include phone number & e-mail

6. Customer address

7. Period of performance

8. Contract type

9. Contract value

10. Number of staff

11. Place(s) of performance

12. Description of work performed

Volume II - Business Proposal

The Business Proposal shall clearly and concisely include the following information:

Factor 3 – Past Performance

The prime offeror shall provide a minimum of three (3), but not more than five (5) references for their work as either a prime or subcontractor . The offeror should include rationale supporting the assertion of relevance for each reference. These references should be from different contracts.

To be considered, past performance data may not be older than three (3) years from the date of the RFP issuance, and may include active contracts and task orders.

For each reference, provide:

a. Reference Name (Company or Entity)

b. Program Title

c. Contracting Agency/Private Company

d. Contract Number/Task Order Number (if applicable)

e. Brief description of the contract effort, including results and successes

f. Type of Contract

g. Period of Performance

h. Original contract dollar value and current or actual dollar value

i. Actual completion date

j. Contact names, addresses, telephone numbers, Fax numbers and e-mail addresses of current, or last (if contract completed) Program Director/Manager and/or Contract Manager.

The evaluation may include past performance on other DHS contracts, for other government agencies, for private industry, contractor past performance survey questionnaires, or other sources identified by the offeror. The evaluation may also include data provided through the following (but not limited to) Government electronic databases: Federal Awardee Performance and Integrity Information System (FAPIIS), System for Award Management (SAM), and Past Performance Information Retrieval System (PPIRS).

An offeror without a record of past performance or for whom information on relevant past performance is not available will be evaluated as neutral.

If the offeror has no relevant past performance, the offeror shall certify to the CO the offeror has no relevant past performance.

Factor 4 – Price

The business proposal shall contain the following information:

A. Cover Letter, which shall include:

• Solicitation Number

• Date of submission

• Name and primary Point of Contact (POC) telephone number, e-mail address, DUNS, and Cage Code

• Name, title and signature of the prime contractor’s authorized representative (signature authority)

• Subcontractor or Teaming Information.

B. Pricing Table

• Offerors shall complete Attachment B, for each year of the contract, showing labor categories, hours, rates, and total amounts for each applicable CLIN, as outlined in Section 1(A)(3). Each offer must contain prices for all CLINs. This is to ensure the “total” government cost is represented in each offeror’s proposal. This will aid the government in comparing and evaluating proposals.

C. Representations and Certifications / Facility Clearance

• Completion of Representations and Certifications, and the Provisions

• System of Award Management (SAM) – USCIS will not award and a vendor will not be paid unless the vendor has an active SAM account.

D. Pricing Information

Proposed prices for the services requested shall be filled-in for each CLIN identified in the pricing sheet, Attachment B. Prices for CLINS X004, X005 and X006 have been provided, by the government, as not to exceed amounts. These prices shall not be revised. The price proposal shall also contain a pricing narrative. A pricing narrative is required to support the rationale of the development of offeror proposed pricing for each CLIN. This is a commercial service where adequate price competition is anticipated; therefore, the offerors are not required to submit cost or pricing data. However, the contracting officer may require the offeror to submit information other than cost or pricing data after receipt of its proposal to support its proposed price in accordance with FAR 15.403-3. The specific nature, and detail, of this information will be specified at the time it is requested.

The offeror shall complete provisions FAR 52.209-7, Information Regarding Responsibility Matters and HSAR 3052.209-70, Prohibition on Contracts with Corporate Expatriates and include with your proposal.

2.2 Oral Presentations

Factor 2, Technical Approach, shall be evaluated based on oral presentations and the accompanying marketing plan. The government will provide at least five calendar days advance notice of the date, time and location to the Offeror. Offerors selected for oral presentations will be notified in writing of the date and time of this scheduled presentation following submission of the written proposals. The oral presentations will take place as step 2, following submission and evaluation of written proposals. Oral presentations will be evaluated under the Technical Approach category. The oral presentation will occur at a USCIS facility in the Washington DC metro area. The Contracting Officer (CO) will determine the order in which offerors are scheduled through a random selection process after receipt of proposals. Requests to reschedule will be at the discretion of the CO.

The oral presentation will consist of the offeror presenting their proposed marketing plan for two scenarios that USCIS provides to the offeror. The two scenarios will be provided to the offeror five (5) business days prior to the scheduled oral presentation; each offeror will be given the same two scenarios to address. In addition to the oral presentation, the offeror shall provide USCIS with a written copy of their marketing plan for each scenario. The offeror will have up to 3 hours to present their solutions to the two scenarios USCIS provides. The government will provide a white board, paper, and writing materials for the offeror to use during oral presentations. Offerors can expect the presentation will be conducted in a conference room with a table of sufficient size to accommodate the participants, including the government attendees.

The offeror must bring a hard copy of their scenario marketing plan to provide to the government evaluators.

The offeror may bring up to five (5) personnel to participate in the oral presentations. At least two (2) of these five personnel must be prime contractors, and at least one (1) of the personnel must be key personnel. The offeror shall identify the personnel that are required to address the situation presented, by name and labor category. All personnel in attendance are expected to present a portion of the offeror’s oral presentation. Within two (2) calendar days of notice that the offeror has been invited to participate in an oral presentation, the offeror shall provide the Contract Specialist and Contracting Officer with the name, and current employer/company of the offeror participants for the oral presentation.

Please note that the Government evaluators will NOT provide any feedback or comments concerning the offeror’s performance, presentations, and work products during the oral presentation; however the Government may ask clarifying questions after the oral presentation is complete to clarify certain aspects or enhance the government’s understanding of the oral presentation. The offeror’s attendees shall not volunteer any information that might be construed as revising its offer.

Oral presentations may be video recorded by the government.

(End of Addendum)

3.0 SOLICITATION PROVISIONS – FULL TEXT

INCORPORATION OF ASPECTS OF PROPOSAL

One or more aspects of an offerors’ proposal may be incorporated into any contract resulting from this solicitation.

FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

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

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

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

and

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

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

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

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

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Hybrid, Firm Fixed Price (FFP), and Time and Materials (T&M) contract resulting from this solicitation.

https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850

FAR 52.216-31, TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL

REQUIREMENTS—COMMERCIAL ITEM ACQUISITION (FEB 2007)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates or the offeror under a common control.

FAR 52.233-2, SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Sarah Rizner, Contracting Officer.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Sarah Rizner…