Request_for_Proposal_HSTS01-14-R-CT6034.pdf

SECTION I – PRICING SCHEDULE

The Contractor shall provide management, supervision, labor, materials, equipment, and supplies (except for Government Furnished Equipment) necessary to perform and provide work in accordance with the Statement of Work (SOW), Wage Determination, and terms and conditions of the contract.

It is understood that the Firm-Fixed-Prices (FFP) for the base and each option periods are inclusive of all costs necessary to implement and fulfill the item numbers and accompanying item descriptions shown in the Price Schedule below. The Labor Hour (LH)/ Time-and-Material (T&M) CLIN shall not exceed the authorized amount.

Base Period: 12 Months

CLIN TYPE

DESCRIPTION UNIT Quantity Monthly

Price Total Price

0001 FFP O&M Services at the TSA Systems Integration Facility (TSIF). Month 12 $ $

0002 FFP O&M Services at the TSA Freedom Center (FC). Month 12 $ $

0003 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the TSIF.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

0004 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the FC.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

0005 LH

Not-to-Exceed (NTE) CLIN for extended hours at the TSIF.

(See Section 3.24 of the SOW)

JB - N/A NTE

$10,000.00

0006 LH

Not-to-Exceed (NTE) CLIN for extended hours at the FC.

(See Section 3.24 of the SOW)

JB - N/A NTE

$20,000.00

0007 FFP Transition Startup Services – 10 days (Base Period Only) JB 1 N/A $

TOTAL N/A $

HSTS01-14-R-CT6034

Option Period I: 12 Months

Price Total Price

1001 FFP O&M Services at the TSA Systems Integration Facility (TSIF). Month 12 $ $

1002 FFP O&M Services at the TSA Freedom Center (FC). Month 12 $ $

1003 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the TSIF.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

1004 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the FC.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

1005 LH

Not-to-Exceed (NTE) CLIN for extended hours at the TSIF.

(See Section 3.24 of the SOW)

JB - N/A NTE

$10,000.00

1006 LH

Not-to-Exceed (NTE) CLIN for extended hours at the FC.

(See Section 3.24 of the SOW)

JB - N/A NTE

$20,000.00

Option Period II: 12 Months

Price Total Price

2001 FFP O&M Services at the TSA Systems Integration Facility (TSIF). Month 12 $ $

2002 FFP O&M Services at the TSA Freedom Center (FC). Month 12 $ $

2003 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the TSIF.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

2004 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the FC.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

2005 LH

Not-to-Exceed (NTE) CLIN for extended hours at the TSIF.

(See Section 3.24 of the SOW)

JB - N/A NTE

$10,000.00

2006 LH

Not-to-Exceed (NTE) CLIN for extended hours at the FC.

(See Section 3.24 of the SOW)

JB - N/A NTE

Option Period III: 12 Months

Price Total Price

3001 FFP O&M Services at the TSA Systems Integration Facility (TSIF). Month 12 $ $

3002 FFP O&M Services at the TSA Freedom Center (FC). Month 12 $ $

3003 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the TSIF.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

3004 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the FC.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

3005 LH

Not-to-Exceed (NTE) CLIN for extended hours at the TSIF.

(See Section 3.24 of the SOW)

JB - N/A NTE

$10,000.00

3006 LH

Not-to-Exceed (NTE) CLIN for extended hours at the FC.

(See Section 3.24 of the SOW)

JB - N/A NTE

Option Period IV: 12 Months

Price Total Price

4001 FFP O&M Services at the TSA Systems Integration Facility (TSIF). Month 12 $ $

4002 FFP O&M Services at the TSA Freedom Center (FC). Month 12 $ $

4003 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the TSIF.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

4004 LH/

T&M

Not-to-Exceed (NTE) CLIN for Repairs at the FC.

(Section 3.23 of the SOW)

JB - N/A NTE

$100,000.00

4005 LH

Not-to-Exceed (NTE) CLIN for extended hours at the TSIF.

(See Section 3.24 of the SOW)

JB - N/A NTE

$10,000.00

4006 LH

Not-to-Exceed (NTE) CLIN for extended hours at the FC.

(See Section 3.24 of the SOW)

JB - N/A NTE

$20,000.00

TOTAL N/A $

SECTION II – DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

1.0 Statement of Work

(Attachment I)

(Remainder of page intentionally left blank)

SECTION III – Supplemental Clauses

A. Special Contract Requirements

1. Packaging and Marking Requirements

Preservation, packaging, and packing for shipment or mailing of all work deliverables hereunder shall be in accordance with good commercial practices and adequate to insure acceptance by common carrier and safe transportation at the most economical rates.

All postage and fees incurred to submit information included but not limited to, forms, reports, etc. to the Contracting Officer (CO) or Contracting Officer’s Representative (COR) shall be the contractor’s responsibility.

2. Marking

(a) Each package, report, or other deliverable shall be accompanied by a letter or other document which:

(1) Identifies the contract by number under which the item is being delivered.

(2) Identifies the deliverable item number or report requirement.

(b) A copy of the document required in paragraph (a) above shall be simultaneously provided to the Contracting

Officer.

(c) The contractor shall take all necessary precautions to ensure that all sensitive data developed under this contract are delivered to the Government in a secure manner.

3. Contractor Responsibility

The contractor is responsible for the day-to-day inspection and monitoring of all work performed by its own workers and by its subcontractors, to ensure compliance with the contract requirements and attainment of the 'Quality Requirements' described in the Statement of Work. This is referred to as "Quality Control." The results of inspections conducted shall be documented in inspection report format and be made available to the Government upon request. The contractor shall be responsible to follow up on all deficiencies in the inspection reports. All inspection reports to the Government shall warrant the results as presented, that they shall be true and accurate.

4. Acceptance

The COR, per CLIN, will verify and perform acceptance for all work and deliverables in accordance with the requirements delineated in the Statement of Work (SOW). See also FAR Clause 52.212-4(a).

6. Permits and Responsibilities

The Contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or properties that occur as a result of the Contractor’s fault or negligence arising from these responsibilities. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

7. Period of Performance

The period of performance for this contract is anticipated to be one (1) 12-month base period and four (4) 12-month option periods.

In addition to item 37 herein, the contractor shall provide 10 days of transition start-up services after the vetting process is completed and prior to full contract performance. The first day of the transition period will be the contract start date.

8. Place of Performance

The services to be provided under this contract shall be accomplished at the following buildings/locations:

Freedom Center:

13555 EDS Drive Herndon, VA 20171-6104

TSA Systems Integration Facility (TSIF):

3701 Post Office Road Ronald Reagan Washington National Airport Arlington, VA 20598-6016

9. Hours of Work

The Freedom Center, a secured facility, is open 24-hours/7 days per week/ 365 days per year. The normal hours are Monday through Sunday, from 6:00am to 6:00pm. Contractor may be on-call after normal working hours on an emergency basis and/or planned surge basis.

The normal hours for the TSIF are Monday through Friday, from 6:00am to 6:00pm. Contractor may be on-call after normal working hours for unexpected events, scheduled activities, and/or on an emergency basis

10. 5200.243.001 Contracting Officer (CO) (AUG 2013)

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:

NAME: Isabel Roman-Cogswell

PHONE NUMBER: 571-227-2461

EMAIL: Isabel.Cogswell@dhs.gov

11. 5200. 242.001 Contracting Officer’s Representative (COR) and Technical Monitors (AUG 2013)

1. 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.

2. 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:

NAME: TBD

PHONE NUMBER:

EMAIL:

3. 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.

4. The responsibilities and limitations of the COR are as follows:

mailto:Isabel.Cogswell@dhs.gov

• 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.

5. 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 proposals 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.

12. 4202.242.002 Submission of Invoices (AUG 2013)

(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 (d) of this clause.

2) U.S. Mail:

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

(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 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 an 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 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: For FFP CLINs, invoices shall be submitted on a monthly basis, in accordance with the schedule, for prior month services. For T&M/LH CLINs, contractor shall invoice the expended amount, as authorized by the Government, for the work completed during the previous month(s).

13. 5200.224.001 Disclosure of Information (AUG 2013)

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/ https://www.fincen.uscg.mil/secure/payment.htm

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.

14. 5200.245.001 Contractor’s Responsibility for Assigned Space, Equipment, and Supplies (AUG 2013)

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.

15. 5200.205.001 Publicity and Dissemination of Contract Information (AUG 2013)

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.

16. 5200.244.001 Interrelationship of Associate Contractors (Aug 2013)

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.

17. 5200.237.001 Non-Personal Services (AUG 2013)

“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.

18. 5200.209.001 Contractor Responsibilities (AUG 2013)

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.

19. 5200.203.001 Qualifications of Employees (AUG 2013)

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.

20. 5200.209.002 Non-Disclosure Agreements (AUG 2013)

Non-Disclosure Agreements are required to be signed by all Contractor personnel when their role requires them to come into contact with Sensitive But Unclassified, Government procurement sensitive information, and/or other sensitive information, or proprietary business information from other Contractors (e.g., cost data, plans, and strategies). The recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information. The Contracting Officer will provide the prescribed non-disclosure forms as necessary to the Contractor when circumstances warrant.

21. 5200.237.002 Observance of Legal Holidays, other Absences, and Necessary Contract Performance Offsite (NOV 2013)

The Government observes the following holidays:

New Year’s Day Martin Luther King, Jr. Birthday Washington’s Birthday (President’s Day) Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

During these days the facilities will remain open.

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.

• Inauguration Day (Washington, DC metropolitan area)

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 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.

In the event of a Government shutdown caused by a lapse in appropriations, which can occur at the beginning of a fiscal year if no funds have been appropriated for that year, or upon expiration of a continuing resolution if a new continuing resolution or appropriations law is not passed, the Contractor shall continue performance under the contract unless otherwise instructed in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract. If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided.

22. 5200.236.001 Permit Requirements for Contractor Work at Airports (Aug 2013) – (TSIF ONLY)

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: www.metwashairports.com (Permits required for special projects only) http://www.metwashairports.com/

23. 5200.237.003 Security Requirements for Contractor Employees Performing at or in Airport Locations (AUG 2013) – (TSIF ONLY)

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: www.metwashairports.com.

(Only one employee is required to obtain the SIDA badge from the airport).

24. 5200.228.001 Insurance for Contractor Performance at the Airport (AUG 2013) – (TSIF ONLY)

The Contractor must have approved insurance on file with the Metropolitan Washington Airport 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. 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 MWAA based upon the company’s scope of work and airport access required. For further information regarding Insurance Requirements, please contact: www.metwashairports.com.

25. 5200.205.002 Advertising Of Award (AUG 2013)

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.

26. 5200.204.001 Major Breach of Safety or Security (AUG 2013)

(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.

27. 5200.237.004 Contractor Staff Training (AUG 2013)

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.

28. 5200.209.003 Employee Termination (AUG 2013)

The contractor shall notify the Contracting Officer and the Contracting Officer’s 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.

29. 5200.203.002 Standards of Conduct and Restrictions (AUG 2013)

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:

a) Solicit new business while performing work under the contract;

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

Government;

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

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

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

30. 5200.223.001 Workplace Violence Prevention (AUG 2013)

All Contractor personnel requiring unescorted access to TSA facilities, information systems, or information will be required to complete Workplace Violence Prevention training available through the TSA Online Learning Center. The course, entitled “Preventing Workplace Violence at TSA” shall be completed within 60 days of onboarding.

31. 5200.237.005 Notification of Personnel Changes (AUG 2013)

The Contractor shall notify the Contracting Officer’s Representative (COR) in writing of any changes needed in building, information systems, or other information access requirements for its employees in order to meet contract requirements not later than one day after any personnel changes occur. This includes name changes, resignations, terminations, and transfers to other Contractors. The Contractor shall provide the following information to the COR: full name, social security number, effective date, and reason for change.

32. 5200.237.006 Substitution of Key Personnel (AUG 2013)

The Contractor shall notify the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the Key Personnel being replaced or otherwise meet the standards applicable in the contract. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The CO shall be notified in writing of any proposed substitution at least fifteen (15) days, or forty-five (45) days if either a background investigation for building or information system access and/or a security clearance (due to classified contract requirements that relate specifically to personnel) must be obtained to meet the contract’s requirements, in advance of the proposed substitution. Such notification from the contractor shall include:

(a) an explanation of the circumstances necessitating the substitution;

(b) a complete resume of the proposed substitute; and

(c) any other information requested by the CO to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

The CO and COR will evaluate substitution requests and promptly notify the Contractor of his/her approval or disapproval in writing. All disapprovals will require resubmission of another substitution within 15 calendar days by the Contractor.

33. 5200.224.002 Controlled Unclassified Information Data Privacy and Protection (AUG 2013)

The Contractor shall be responsible for the security of: i) all data that is generated by the contractor on behalf of the Government ii) Government data transmitted by the contractor, and iii) Government data otherwise stored or processed by the contractor, regardless of who owns or controls the underlying systems while that data is under the contractor’s control. All Government data, including but not limited to Personal Identifiable Information (PII), Sensitive Security Information (SSI), and Sensitive But Unclassified (SBU), and/or Critical Infrastructure Information (CII), shall be protected according to Department of Homeland Security information security policies and mandates.

At the expiration of the contract, the contractor shall return all Government information and IT resources provided to the contractor during the contract.

The contractor must satisfy requirements to work with and safeguard Sensitive Security Information (SSI), and Personally Identifiable Information (PII). All support personnel must understand and rigorously follow all applicable DHS Component Agency’s requirements, policies, and procedures for safeguarding SSI and PII.

Contractor personnel will be required to complete online training for SSI, Informational Security and Privacy training, if required by the DHS Component Agency

The Contractor, and those operating on its behalf, shall adhere to the requirements of the non-disclosure agreement unless authorized in writing by the Contracting Officer.

The Government will identify IT systems transmitting unclassified/SSI information that will require protection based on a risk assessment as applicable. If encryption is required, the following methods are acceptable for encrypting sensitive information:

a. Products Advanced Encryption Standard (AES) algorithms that have been validated under FIPS

140-2.

b. National Security Agency (NSA) Type 2 or Type 1 encryption.

c. Public Key Infrastructure (PKI) (see paragraph 5.5.2.1 of the Department of Homeland Security (DHS) IT Security Program Handbook (DHS Management Directive (MD) 4300A) for Sensitive Systems).

The contractor shall maintain data control according to the applicable DHS Component Agency’s security level of the data. Data separation will include the use of discretionary access control methods, VPN encryption methods, data aggregation controls, data tagging, media marking, backup actions, and data disaster planning and recovery. Contractors handling PII must comply with TSA MD 3700.4 if applicable.

Users of Government IT assets shall adhere to all system security requirements to ensure the confidentiality, integrity, availability, and non-repudiation of information under their control. All users accessing Government IT assets are expected to actively apply the practices specified in the TSA Information Technology Security Policy (ITSP) Handbook, Chapter 3, Section 6, Privacy and Acceptable Use, or similar DHS Component Agency’s guidance or policy.

The contractor shall comply with the all data disposition requirements stated in the applicable DHS Component Agency’s Information Security Policy. For all TSA orders the contractor shall comply with Information Security Policy Handbook Chapter 3, Section 17 Computer Data Storage Disposition, as well as TSA Management Directive 3700.4.

34. 5200.218.001 Contingency and/or Continuity of Operations Support of Transportation Security Administration Operations (Aug 2013)

(a) Background. The Transportation Security Administration (TSA) is a component of the Department of Homeland Security (DHS) and is responsible for the security of the nation’s transportation system. This includes not only the security screening operations conducted for passenger air travel, but also security operations protecting air cargo and shipping, surface and other transportation modes including rail, and pipelines and other transportation infrastructure. To those ends, the TSA must be able to respond quickly to incidents, and increase and re-constitute its operational posture (“continuity of operations”) in response to threats and the possibility of actual attacks upon or disruption to government operations or national infrastructure. The TSA has an internal capacity to establish and operate Critical Incident Management Groups in response to a specific, TSA-only incident, or as a part of larger DHS operation due to orders from the DHS Secretary, or due to increased threat levels under the National Terrorism Advisory System, or federal operations up to and including responsibilities assigned under the National Response Framework. To these ends, the TSA must be able to count upon a correlated contractor capability to surge capacity in response to incidents or quickly re-constitute capability to recover from a catastrophe. Accordingly, TSA contractors must be prepared and able to provide surge capacity and to reconstitute operational capability to perform under contract as required in response to an emergency.

(b) Definitions. The meaning of specific contingency or emergency-related terms herein proceeds from those definitions within the National Response Framework and are available from the National Response Framework Resource Center glossary at http://www.fema.gov/emergency/nrf/.

(c) Force and effect of this clause. Without regard to the extent that the Contractor’s actual responses in order to meet the requirements of this clause may be necessitated by occurrences or conditions as described in the “Excusable Delays” paragraph of FAR 52.212-4, “Contract Terms and Conditions—Commercial Items” clause or those described in the FAR 52.249-14, “Excusable Delays” clause (or such related conditions as described in other clauses, such as the FAR 52.249-8 “Default (Fixed-Price Supply and Service),” 52.249-9 “Default (Fixed- Price Research and Development),” and/or FAR 52.249-10 (Fixed-Price Construction),” if included in the contract), the Contractor shall provide surge capacity, re-establish functions, and reconstitute capability and performance under this contract as quickly as possible in response to an incident and/or as ordered by the Contracting Officer.

(d) Response functions and capabilities. The Contractor shall establish and maintain the following capabilities as a requirement of this contract.

(1) Continuity of Operations (COOP) Plan. The Contractor shall establish a written continuity of operations plan in accordance with “Continuity Guidance Circular 1 (CCG1), Continuity Guidance for Non-Federal Agencies” of January 2009. In general, COOP plans must be designed in order to:

i. Minimize loss of life, injury, and property damage.

ii. Mitigate the duration, severity, or pervasiveness of disruptions that do occur.

iii. Achieve the timely and orderly resumption of essential functions and the return to normal operations.

iv. Protect essential facilities, equipment, records, and assets.

v. Be executable with or without warning.

vi. Meet the operational requirements of the TSA. Continuity plans need to be operational within minutes of activation, depending on the essential function or service, but certainly should be operational no later than 12 hours after activation.

vii. Meet the sustainment needs of the TSA. An organization may need to plan for sustained continuity operations for up to 30 days or longer, depending on resources, support relationships, and the respective continuity strategy adopted.

viii. Ensure the continuous performance of essential functions and operations during an emergency, including those such as pandemic influenza that require additional considerations beyond traditional continuity planning.

ix. Provide an integrated and coordinated continuity framework that takes into consideration other relevant organizational, governmental, and private sector continuity plans and procedures.

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