Amended Geotechnical_RFQ_HSTS01-12-Q-BMS050_A00003.pdf

HSTS01-12-Q- BMS050

REQUEST FOR QUOTE

HSTS01-12-Q-BMS050

Geotechnical and Civil Engineering Survey and Report

This is a notice that this order is a total set aside for “small business concerns.” Only quotes submitted by “small business concerns” will be accepted by the Government. Any quote that is submitted by a contractor that is not “a small business concern” will not be considered for award.

Table of Contents

Section Description I. Pricing Schedule II. Statement of Work (SOW) III. Special contract requirements IV. Contract Clauses V. Solicitation Provisions

SECTION I – PRICING SCHEDULE

The Contractor shall provide the following services per the Statement of Work and in accordance with the terms and conditions of the Contract for the performance period identified in Section II – Statement of Work.

It is understood that the Firm-Fixed-Price (FFP) is inclusive of all costs necessary to implement and fulfill the item numbers and accompanying item descriptions shown in the price schedule below.

CLIN TYPE DESCRIPTION

QTY UNIT PRICE TOTAL

PRICE

0001 FFP Geotechnical and Civil Engineering Survey and Report - to include a soils report, foundation report, construction drawings, and a site, grade, utility, and paving plan in accordance with the Statement of Work–

(SOW)

1 JOB

TOTAL N/A

SECTION II – STATEMENT OF WORK

Summary

The Transportation Security Administration’s (TSA) Building Management Services Division (BMS) is requesting a comprehensive Geotechnical and Civil Engineering analysis of a specified area located in the design drawings for the Transportation Security Administration’s Testing Integration Facility (TSIF) 3701 Post Office Road, Reagan Washington National Airport (DCA).

Scope

Geotechnical Engineer:

1. Soils Report includes but not limited to the following information:

a. Take tests and review available information to determine soil conditions at the project site. The number and extent of tests to be determined by the geotechnical engineer should be sufficient to produce a foundation report with professional recommendations.

b. Provide a soils and foundation report with the recommended foundation system and foundation capacity. This report to also include, at a minimum, the following items:

i. Review and confirm the applicability of a deep foundation system of steel driven piles to determine if it is the best system suited for project and location.

Determine anticipated bearing depth of the piles.

ii. Determine anticipated settlement of the foundation system for the existing TSIF building and for the planned addition and suggest methods to reduce settlement because new construction will be attached to existing construction.

iii. Provide suggested methods to specify and perform field testing to determine and confirm pile capacity for field driven piles.

c. The foundation report resulting from the required Geotechnical and Civil Engineering analysis will ultimately be provided to the construction contractor selected to build the TSIF addition.

Civil Engineer:

1. Provide construction drawings, and specifications for re-locating all utilities that could possibly interfere with the location of proposed building addition.

2. Provide site plan, grade plans, utility plans, paving plans, and any other documentation for a complete bid package for this project, including related floodplain data, base flood elevation and whether flood loads should be considered in design of the building expansion based on requirements of Federal Emergency Management Agency (FEMA)

3. Coordinate design for any site structures outside the building envelope (i.e., exterior benches, sidewalks, curbs, concrete walls, etc.) with Architect and provide required details for complete bid package.

Applicable Documents, Licenses and permits

1. Metropolitan Washington Airports Authority Building Code 2008 Manual http://www.mwaa.com/file/bcm2008.pdf

2. Government Furnished Equipment (GFE), Washington National Airport, Air Mail Center (as designed/built) drawings available on Compact disk (CD) in Portable Data File (PDF) format only.

http://www.mwaa.com/file/bcm2008.pdf�

3. Government Furnished Equipment (GFE), Transportation Security Administration Systems Integration Facility (TSIF) as designed/built drawings available on CD in Computer Aided Design (CAD) and (PDF) format only.

4. Materials that directly support this SOW shall be authorized as needed, including Government-Furnished Equipment (GFE), property, materials, and information. The TSA will provide the Contractor with relevant documents and reports, such as those related to program area operations, to the extent that these data and reports are available and reside within the

TSA.

5. The Metropolitan Washington Airports Authority (MWAA) has jurisdiction over the soil drilling work. The Contractor shall obtain all licenses and permits through the MWAA in accordance with the 2008 MWAA Building Code Manual.

6. The Contractor shall arrange to have all vehicles and site drilling areas inspected prior to soil testing through the MWAA.

Project Schedule

Ten days after contract award, the Contractor shall provide a project schedule detailing the exact start and finish dates, the on/off shift work hours, the equipment and material delivery dates and times, and the dates of required site/area closures. The project schedule shall be submitted to the Contracting Officer’s Representative (COR) in Microsoft (MS) Project 2007 format.

This Geotechnical and Civil Engineering Survey project shall be complete and all required tasks and objectives (reports, plans, recommendations, and information) in SOW Section 2-“Objectives” shall be complete/delivered no more than 50 days following award.

Deliverables

No. Deliverable Due Date Description Format SOW Reference

001 Safety Plan 5 days post contract award

Detail written Safety plan provided to the

COR

Hard/Soft copy Microsoft Word

5.0

002 Submittal of all required MWAA Licenses, Drawings, Safety Plans and Permits

10 days post contract award

Shall provide COR with dated copy of MWAA Licenses, Drawings, Permits and Safety Plans

PDF format for Government review only

Section:3.0 Section: 6.0

Safety, Quality Control and Assurance Plan

The Contractor shall develop and implement (after Government approval) a Safety, Quality Assurance Program and designate a Safety and Quality Control Manager who shall be responsible for implementing the program. The program plan shall be submitted to the COR for approval. Reports shall be prepared and submitted detailing measures implemented to ensure quality, any issues that impact project quality, and plans to remedy quality issues.

On-Site Supervision

The Contractor will, with the approval of the COR, provide Lead Foremen/supervisors with decision making power. The Lead Foremen/supervisors will be on site at all times that work is in progress. No worker lower than Foreman level is authorized to supervise crews. The Lead Foreman is responsible for ensuring that all Contract personnel are cleared through Government security procedures prior to arrival at the site.

Security Requirements

Due to the TSIF’s secure nature, all individuals involved in this project shall be United States citizens.

The Contractor shall provide the COR a list of all personnel requiring on-site access for the duration of this project 48 hours before the start date. The list shall contain the following information for each individual:

• Full legal name

• Social Security Number (SSN)

• Date of birth

• Place of birth

003 Project Schedule 10 days post contract award at Kick-off meeting

Shall provide the COR start and finish dates, equipment and material delivery dates and times, rest room closures, on/off shift work hours.

Microsoft Project

Section:4.0

004 Security Requirements 7 days post contract award at Kick-off Meeting

Password protected email; full legal name, DOB, POB, SSN, provided to the COR

Only Password protected email

Section: 7.0

005 All Reports, Drawings and Plans

10 days before contract expiration

Provided to the COR Microsoft Office Editable Documents

Section: 2.0

Failure to provide this information shall result in denial of access and delay of the start date. All Contractor employees and subcontractors shall be required to wear TSA-issued identification badges so as to distinguish themselves from TSA employees.

All contractors are subject to the terms of the TSA’s non-disclosure agreement at all times. Contractor personnel shall identify themselves in all situations in which discussion of Sensitive Security Information (SSI) has been initiated by a non-Government party, and immediately refer that party to the appropriate Contracting Officer (CO) for further information.

All building plans, drawings, and specifications that are delivered in electronic or paper formats are considered to be SSI and must be handled according to the DHS Management Directive Sensitive Security Information (SSI) Policies and Procedures for Safeguarding and Control. This attachment is to be provided upon award. The contractor may not use any SSI or Government Owned/Furnished information for purposes other than those defined within this Statement of Work.

Other Requirements

Post Award Conference

The Contractor shall attend a contract post-award conference with the Contracting Officer, COR, and members of the TSA Program Office at TSA Headquarters in Arlington, Virginia. The post award conference will cover the terms and conditions of the contract, the partnering and working relationship, contract administration, and other administrative concerns. The Post-Award Conference is to-be-determined, but will take place prior to the beginning of the contract period of performance or not later than three (3) days after date of contract award, whichever is earliest. The Contractor will be contacted by the Contract Specialist to coordinate the post-award conference.

Information Rights/Ownership:

• TSA owns and may retain all data, information, and reports collected and generated in support of this requirement

• Data and information provided by TSA or collected in support of this requirement may be disseminated only with written consent from TSA

• The contactor shall maintain secure retention, storage, and handling of all data collected and generated approach

(End of Section II)

SECTION III. SPECIAL CONTRACT REQUIREMENTS

1.0 SUBMISSION OF INVOICES - COMMERCIAL

(a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S.

Coast Guard Finance Center (FinCen).

(b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email.

Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:

1) Facsimile number is: 757-413-7314 The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only.

If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail.

It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (e) of this clause.

2) U.S. Mail:

United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111

3) Email Invoices:

FIN-SMB-TSAInvoices@uscg.mil, or www.fincen.uscg.mil

(c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Technical Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from a Authorized Certifying Official, FinCen will initiate payment of the invoices.

Note for discounts offered:

Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount.

The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

(d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:

mailto:FIN-SMB-TSAInvoices@uscg.mil� http://www.fincen.uscg.mil/�

(1) Via the internet: https://www.fincen.uscg.mil

Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523- 6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.

(2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm

(e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph

(a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice.

All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

(f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Technical Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

(g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)

(h) Frequency of Invoice Submission: An invoice shall be submitted upon the completion of the survey work and final acceptance of the reports.

(End of Clause)

2.0 DISCLOSURE OF INFORMATION

Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked.

Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the requirements of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

https://www.fincen.uscg.mil/�

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor’s employees.

3.0 GOVERNMENT FURNISHED SUPPLIES AND EQUIPMENT

The TSA will provide the contractor with the necessary work space, computer stations, and materials required to support the services described in the Statement of Work.

4.0 CONTRACTOR’S RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT, AND

SUPPLIES

If, due to the fault or neglect of the Contractor, his agents, or employees, damages are caused to any Government property, equipment, stock or supplies, during the performance of this contract, the Contractor shall be responsible for such loss or damage and the Government, at its option, may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property. The Contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract. All telephones are for conducting official Government business only.

5.0 PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION

Publicity releases or commercial advertising in connection with or referring to this contract or effort shall not be made by the Contractor unless prior written approval has been received from the Contracting Officer.

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

A minimum of five full business days’ notice is required for requests made in accordance with this provision.

6.0 INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS

The TSA may enter into contractual agreements with other Contractors (i.e., “Associate Contractors”) in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort. Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work.

Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor’s recommendations for a solution. The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions.

Where the Contractor and Associate Contractors are required to collaborate to deliver a service; the Government will designate, in writing and prior to the definition of the task, to both Contractors, a “lead Contractor” for the project. In these cases the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non- Disclosure Agreements.

Compliance with this Special Contract Requirement is included in the contract price and shall not be a basis for equitable adjustment.

7.0 NON-PERSONAL SERVICES

“Personal services” are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee.

All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently Governmental actions as defined by FAR 7.500. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative.

No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this special contract requirement shall limit the Government’s rights in any way under any other term of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this special contract requirement shall be included in all subcontracts at any tier.

8.0 CONTRACTOR RESPONSIBILITIES

The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract.

The Government shall not be liable for any injury to the Contractor’s personnel or damage to the Contractor’s property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority.

A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition.

The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The Contractor shall not:

• Discuss with unauthorized persons any information obtained in the performance of work under this contract.

• Conduct business not directly related to this contract on Government premises.

• Use computer systems and/or other Government facilities for company or personal business other than work related; or

• Recruit on Government premises or otherwise act to disrupt official Government business.

9.0 QUALIFICATIONS OF EMPLOYEES

The Contracting Officer may require dismissal from work under this contract and/or removal of access to government facilities, property, information and/or information systems of those employees which the Contracting Officer deems contrary to the public interest or inconsistent with the best interest of national security.

10.0 OBSERVANCE OF LEGAL HOLIDAYS AND OTHER ABSENCES

The Government observes the following holidays:

• New Year’s Day

• Martin Luther King Birthday

• President’s Day

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

• Inauguration Day (Washington, DC metropolitan area)

In addition to the days designated as holidays, the Government observes also the following days:

• Any other day designated by Federal Statute, and

• Any other day designated by Executive Order, and

• Any other day designated by President’s Proclamation, such as extreme weather conditions.

When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Technical Representative.

Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract.

In the event the Contractor’s personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked.

For cost reimbursable and time and material (T&M) contracts, the government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces are the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location and all resources necessary to complete such performance.

In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute tele-work, utilize personal protective equipment or other mandated items.

11.0 ADVERTISING OF AWARD

The contractor shall not refer to contract awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

12.0 MAJOR BREACH OF SAFETY OR SECURITY

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to TSA and compliance with safety standards and practices is a material part of this contract. A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of safety must be related directly to the work on the agreement. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan.

(b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack. A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of security may occur on or off Government installations, but must be related directly to the work on the agreement. A major breach of security is an act or omission by the Contractor that results in compromise of classified information or sensitive security information or sensitive but unclassified information, including contractor proprietary information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000.

NOTE: Breach of Security for the purposes of this definition should not be confused with breach of security in screening operations.

(c) In the event of a major breach of safety or security, the Contractor shall report the breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its own investigation and report the results to the Government. The Contractor shall cooperate with the Government investigation, if conducted.

13.0 CONTRACTOR STAFF TRAINING

The contractor shall provide fully trained and experienced personnel. Training of contractor personnel shall be performed by the contractor at its expense, except as directed by the Government through written authorization by the Contracting Officer to meet special requirements peculiar to the contract. Training includes attendance at seminars, symposia or user group conferences. Training will not be authorized for the purpose of keeping contractor personnel abreast of advances in the state-of-the-art or for training contractor employees on equipment, computer languages and computer operating systems that are available on the commercial market or required by a contract. This includes training to obtain or increase proficiency in word processing, spreadsheets, presentations, and electronic mail.

14.0 EMPLOYEE TERMINATION

The contractor shall notify the Contracting Officer and the Contracting Officer’s Technical Representative within 48 hours when an employee performing work under this contract who has been granted access to government information, information systems, property, or government facilities access terminates employment, no longer is assigned to the contract, or no longer requires such access. The contractor shall be responsible for returning, or ensuring that employees return, all DHS/TSA -issued contractor/employee identification, all other TSA or DHS property, and any security access cards to Government offices issued by a landlord of commercial space.

(End of clause)

15.0 STANDARDS OF CONDUCT AND RESTRICTIONS

The contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. Personnel performing work under this contract shall not:

• Solicit new business while performing work under the contract;

• Conduct business other than that which is covered by this contract during periods paid by the

Government;

• Conduct business not directly related to this contract on Government premises;

• Use Government computer systems or networks, and/or other Government facilities for company or personal business;

• Recruit on Government premises or otherwise act to disrupt official Government business.

16.0 PERSONNEL ACCESS

All Contractor personnel requiring unescorted access to TSA facilities, information systems, or information will be subject to the security procedures set forth in this contract.

17.0 CONTRACTING OFFICER (CO)

The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the

Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned:

TSA Contracting Officer: Will be provided at time of Award

NAME:

PHONE NUMBER:

EMAIL:

18.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND TECHNICAL MONITORS

The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.

TSA CORs: Will be provided at time of Task Order Award

NAME:

PHONE NUMBER:

EMAIL:

The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.

The responsibilities and limitations of the COR are as follows:

• The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract.

• The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

• The COR will maintain communications with the Contractor and the Contracting Officer. The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.

• The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant.

• The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.

• The COR is not authorized to direct the Contractor on how to perform the work.

• The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order.

• The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.

The responsibilities and limitations of the TM are as follows:

• Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

• Monitoring the Contractor’s performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor’s performance is strictly within the contract’s scope and obligated funding.

• Ensuring that all recommended changes in any work under the contract are coordinated and submitted in writing to the COR for consideration.

• Informing the COR if the Contractor is not meeting performance, cost, schedule milestones.

• Performing technical reviews of the Contractor’s quotation as directed by the COR.

• Performing acceptance of the Contractor’s deliverables as directed by the COR.

• Reporting any threats to the health and safety of persons or potential for damage to Government property or critical national infrastructure which may result from the Contractor’s performance or failure to perform the contract’s requirements.

19.0 PERFORMANCE/DELIVERY PERIOD

The Period of Performance (POP) for all functions described herein shall not exceed 7 weeks from the completion of contractor employee vetting.

The TSA will not receive the full benefit of the services to be provided under the subject contract until all contractor personnel are vetted.

20.0 PLACE OF DELIVERY AND PERFORMANCE

Contract performance shall take place at:

Transportation Security Administration (TSA), Testing Integration Facility (TSIF) 3701 Post Office Road, Reagan Washington National Airport, Arlington, Va. 22202

21.0 SECURITY REQUIREMENTS FOR CONTRACTOR EMPLOYEES PERFORMING AT

OR IN AIRPORT LOCATIONS

Contractor employees are required to meet all airport security screening requirements which include criminal history, background and fingerprint check. Contractor employees working in this facility will be required to obtain, possess and display a Secure Identification Display Area (SIDA) badge in accordance with the airport’s physical and personnel security requirements. The Contractor is responsible for any fees associated with lost badges. For further information regarding Security Requirements, please contact the Metropolitan Washington Airports Authority (MWAA).

22.0 PERMIT REQUIREMENTS FOR CONTRACTOR WORK AT AIRPORTS

The contractor shall obtain all necessary permits and approvals from regulatory authorities at the airport location(s) to allow for the timely completion of the work required under the contract. For further information regarding Permitting Requirements, please contact the Metropolitan Washington Airports Authority (MWAA).

23.0 INSURANCE FOR CONTRACTOR PERFORMANCE AT THE AIRPORT

The Contractor must have approved insurance on file with the Metropolitan Washington Airports Authority (MWAA). The Contractor is required to procure at its own expense, and keep in effect at all times during the term of the contract the types and amounts of insurance specified. Typically, companies whose work is performed within buildings and terminals are required to have a minimum of liability insurance in accordance with the amount required by the Metropolitan Washington Airports Authority (MWAA). Companies who require tools and/or equipment, and airfield access must have a minimum of the amount of liability insurance in accordance with the amount required by the Metropolitan Washington Airports Authority (MWAA). Air Carrier Operating Permits and Leases will have additional insurance coverage requirements. The actual types and amounts of insurance required will be set on an individual basis by the Metropolitan Washington Airports Authority (MWAA).

SECTION IV – CONTRACT CLAUSES

1. 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: https://www.acquisition.gov/far/

CLAUSE TITLE DATE

52.202-1 Definitions JAN 2012 52.202-6 Restrictions on Subcontractor Sales to the Government OCT 1995 52.204-7 Central Contractor Registration FEB 2012 52.204-9 Personal Identity Verification of Contractor Personnel. JAN 2011 52.212-4 Contract Terms and Conditions – Commercial Items FEB 2012 52.222-12 Contract Termination- Debarment FEB 1988 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-17 Interest OCT 2010 52.237-3 Continuity of Services JAN 1991 52.242-15 Stop Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.244-2 Subcontracts OCT 2010 52.245-1 Government Property APR 2012 52.246-4 Inspection of Services – Fixed Price AUG 1996

2. HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

INCORPORATED BY REFERENCE

The full text of a clause may be accessed electronically at this address:

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

3. APPLICABLE HSAR CLAUSES INCLUDED IN FULL TEXT

HSAR 3052.209-73 LIMITATION OF FUTURE CONTRACTING (JUN 2006)

(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5 --Organizational Conflicts of Interest.

(b) The nature of this conflict is:

Conflict of Interest: At the mandatory pre-proposal site visit, prospective offerors were allowed to read and return redacted design/build plan drawings that included the roofline and foundation drawings and plans for the existing Transportation Security Administration Testing and Integration (TSIF) lobby and the planed addition; that information does not pose a conflict of interest. However, following award, the successful offeror will be provided plans and documents pertaining to the planned addition to use during

CLAUSE TITLE Date 3052.209-70 Prohibition on Contracts with Corporate Expatriates JUN 2006

3052.242.71 Dissemination of Contract Information Dec 2003

https://www.acquisition.gov/far/� http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf� the course of the required study/report-generation. Those documents would provide the successful offeror (and any subcontractors) an unfair competitive advantage if competing for other procurements relating to the design/construction of the planned TSIF lobby addition.

(c) The restrictions upon future contracting are as follows:

Limitation on Future Contracting: In order to eliminate the conflict of interest above, neither the prime contractor nor the subcontractor that is selected for the award resulting from HSTS01-12-Q-BMS050 is eligible to compete for the award (even as a subcontractor) on any future procurement relating to the planned TSIF lobby expansion for a period of two (2) years following the expiration of the contract resulting from HSTS01-12-Q-BMS050.

(1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing DHS contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). DHS shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies.

(End of clause)

4. APPLICABLE FAR CLAUSES INCLUDED IN FULL TEXT

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (April 2012)

Please refer to FAR provision 52.212-3. Certifications and representations shall be completed by the successful offeror prior to award. Federal Acquisition Regulation (FAR) Online Representations and Certifications Application (ORCA) is at website https://www.sam.gov/.

(End of provision)

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

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

https://www.sam.gov/�

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

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

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

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

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

[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. 253g and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

L. 111-5).

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

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

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

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

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

___ (11) [Reserved] _X_ (12) (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).

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

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

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

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

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

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

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

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

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

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

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

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

_X_…