FFDO_Transportation_RFQ.pdf

SECTION I – PRICING

1.1 General

The Department of Homeland Security (DHS), Transportation Security Administration (TSA) is seeking a professional contractor to provide ground transportation services for Federal Flight

Deck Officers (FFDO) and government staff between Philadelphia Airport and Egg Harbor

Township, N.J area hotels. The contractor will also be responsible for transportation from Egg

Harbor Township, N.J. area hotels and the William J. Hughes Technical Center (WJHTC), Atlantic City International Airport, Egg Harbor Township (EHT), NJ 08234. Additionally, the contractor will need to provide transportation within the gates of the WJHTC.

1.2 Type of Contract

This will be a firm fixed price contract. This requirement will be a total small business set aside under NAICS code 485999. Only Small Business vendors will be considered for award.

The Period of Performance is one base year with four one-year options.

1.3 Contract Line Item (CLIN) Structure

Quoters shall complete Attachment 1 – Pricing Schedule

The pricing must include any tolls or airport fees.

Quoters shall separately price each line item on the Pricing Schedule attached.

End of Section I

SECTION II - STATEMENT OF WORK

2.0 General

Ground transportation services will be provided for an estimated amount of 2-10 passengers per trip, and will consist of round trips from Philadelphia International Airport to designated Egg

Harbor Township (EHT) hotel, round trip from designated EHT hotel to William J. Hughes

Technical Center and round trip between designated buildings within the WJHTC base. The government reserves the right to evaluate and add/change/modify/delete any services at any time based on changing requirements to support the FFDO program.

Ground transportation service will need to be provided Sunday through Thursday.

2.1 Period of Performance

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Base Year May 1, 2016 – April 30, 2017

Option Year 1 May 1, 2017 – April 30, 2018

Option Year 2 May 1, 2018 – April 30, 2019

Option Year 3 May 1, 2019 – April 30, 2020

Option Year 4 May 1, 2020 – April 30, 2021

2.2 Requirements

Commercial Transportation Services are needed for up to 10 students plus luggage and will need to be provided Sunday through Thursday.

Onlycommercial vans, shuttles, or buses will be accepted. A party bus/van or limosine are not acceptable forms of transportation.

Pick-up will be established as stated below:Sunday: Pickup at Philadelphia Airport to hotel-

1900 Hours.

Monday: Pickup at hotel to WJHTC- 0730 Hours

Transport from building 291L to building 300 and back- 1100-1130

WJHTC to hotel- 1700 Hours.

Tuesday- Pickup at hotel to WJHTC- 0730 Hours

Transport from building 291L to building 300 and back - 1300-1330

WJHTC to Philadelphia Airport- 1630 Hours.

Pickup at Philadelphia Airport to hotel- 1900 Hours.

Wednesday: Pickup at hotel to WJHTC- 0730 Hours

Transport from building 291L to building 300 and back 1100-1130

WJHTC to hotel- 1700 hours.

Thursday: Pickup at hotel to WJHTC- 0730 Hours

Transport from building 291L to building 300 and back - 1300-1330

WJHTC to Philadelphia Airport- 1630 Hours.

The government will provide the contractor with the number of students requiring transportation within (3) three days of the trip. The number of students requiring transportation is subject to change at any time.

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The contractor will provide confirmation of scheduled pick-ups and drop-offs, as well as dispatch and driver contact information to the designated POC at least two calendar days prior to service.

Cancellation of scheduled transportation services will be coordinated through the designated

POC for the respective location and notice to the contractor will usually be a minimum of two working days prior to the scheduled trip.

Services provided by contractor will include:

1. Furnish all personnel, supervision, management, equipment, materials, transportation, tools, and supplies required to plan, schedule, coordinate, and assure effective performance of all required transportation services for this requirement.

2. Provide all of the necessary technical engineering, operations research, business, and administrative support such as: planning, organizing, managing, coordinating, and tracking (e.g., report management, cost/schedule/performance measurement, risk management, data management) required to perform all activities successfully as required in accordance with this Statement of Work (SOW).

3. Furnish all vehicles, insurance, drivers, supervision, maintenance, equipment and operating supplies and perform all services to provide ground transportation.

4. Furnish the Contracting Officer, Contracting Officer’s Representative (COR) and designated point of contact (POC) with standard commercial and custom reports as requested. This includes, but is not limited to, the number of passengers transported each trip, mileage, etc. Failure to submit reports in the established time frame may result in a negative evaluation when considering performance ratings.

2.3 Regulations & Compliance

The contractor must:

1. Have and maintain current charter or common carrier operating authority as required by the appropriate regulatory agencies.

2. Comply with all stipulations and representations required by any Federal, State

Municipal or local laws or executive orders, or any applicable rules, orders, regulations, or requirements of any commercial carriers.

3. Ensure that all drivers and equipment are in compliance with the Department of

Transportation Federal Motor Carrier Safety Regulations.

4 .Ensure that all vehicles have a United Sates Department of Transportation (USDOT)

Numbers for all vehicles.

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5. Ensure that there is adequate back-up communication between the driver and the central dispatch.

2.4 Vehicle and Passenger Safety

The contractor shall:

1. Comply with the accepted standards for vehicle operation and maintenance. At a minimum the contractor shall comply with all applicable, provisions and agreement which may affect safety and with all USDOT and State regulations.

2.Ensure all operating equipment is properly maintained. The contractor must have a program in place to ensure the systematic inspection and maintenance of all vehicles. All parts and accessories must be safe and in operating condition at all times to include the vehicles’ brake system, warning and hazard signals, and head lamps, parking brake, reflective material strip and tail lamps, turn signals and all other parts that affect the safety of the vehicle.

3.Provide a copy of vehicle maintenance records upon request of the CO, COR and designated POC.

4.In the event of an accident or failure of a vehicle, ensure the safety of all passengers.

The contractor shall immediately dispatch a replacement vehicle to the location of the stranded passengers and notify the COR and or designated POC of the incident and any actions taken. The contractor shall be required to repair or replace the inoperative vehicle within one hour, beginning from the time the vehicle is first determined to be inoperable.

If the contractor fails to repair or replace the inoperative vehicle with a similar vehicle within one (1) hour, TSA at its option may elect to secure a replacement vehicle from other sources, regardless of the reason that caused the downtime. The contractor shall be assessed for any cost incurred by TSA in securing replacement services.5.Comply with the Department of Transportation (DOT) safety inspections ensuring that each vehicle used in the performance of this Task Order be inspected in accordance with the inspection requirements of the state/local governmental regions in which the vehicle is garaged. A current certificate of inspection must be available for review by the CO, COR and designated POC.

6.Keep records and logs of mileage, maintenance, accidents and repairs for all vehicles used under this Task Order for verification purposes. The contractor shall keep vehicle inspection records for one (1) year. 7. Maintain employee-training records, documenting training required by the contractor and equipment operator training and safety training.

The records shall be made available to the CO, COR and designated POC upon request.

2.5 Insurance

The contractor shall:

1. Possess and maintain adequate liability insurance in accordance with state or local regulations to cover both drivers and vehicles being operated by the drivers at the

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contractor’s own expense.

2. Furnish copies of current insurance coverage for each passenger vehicle required by the applicable regulatory authorities.

3. Possess and maintain general liability insurance of at least $1,500,000.00 for any vehicles with a seating capacity of 15 or less (including the driver) and $5,000,000.00 if the vehicle has a seating capacity of 16 or more passengers.

4. Possess and maintain evidence of Worker’s Compensation Insurance or a written explanation as to why the contractor is exempt from the requirement.

5. Provide proof of insurance with quote

2.6 Driver Requirements

All Drivers must meet the following requirements:

1) Be at least 18 years of age.

2) Possess a current state driver’s license and Commercial Driver’s License

3) Have previous commercial driving experience.

4) No record or conviction of drug abuse/involvement or alcohol abuse.

5) No criminal record, except minor traffic offenses. Minor traffic offenses do not include driving under the influence.

7) Possess the ability to speak and write English at the high school level.

8) Must be trained in CPR & First Aid and have a current Training Certificate.

9) Must obey all traffic rules and regulations including posted speed limits, traffic signals and parking signs in accordance with applicable state and local laws.

The contractor shall establish procedures to ensure that the CO, COR and designated POC are notified immediately (i.e., within 24 hours) when an employee’s status changes under the previous conditions noted above.

SECTION III – Contract Clauses

This award incorporates by reference FAR 52.212-4 and includes FAR 52.212-5 in full text.

Please refer to the text of this clause for the applicable terms and conditions.

FAR Clauses and Provisions Incorporated by Reference

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52.252-2 Clauses Incorporated by Reference

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/these address(es):

http://farsite.hill.af.mil/ and http://www.arnet.gov

The following clauses are hereby incorporated by reference with full force and effect:

52.203-3 Gratuities

52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

FAR Clauses and Provisions in Full Text

52.204-1 Approval of Contract

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.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Feb 2016)

(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:

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(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note).

_x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

_x__ (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).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

__x_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_x__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_x__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__xx_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

__x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

HSTS01-16-Q-FDO022 9

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

_x__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

(E.O. 13126).

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

_x__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_x__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

x___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

__x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

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

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

__x_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__x_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

HSTS01-16-Q-FDO022 11

_x__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__x_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

x___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

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

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

__x_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

__x_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

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___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

-- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

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

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

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

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(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 15 days prior to the end of the current performance period.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days prior to the end of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year and six (6) months.

(End of Clause)

52.232.-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond April 30, 2017

Required FAR Matrix Provisions that are Missing for Commercial Items:

• 52.204-19-Incorporation By Reference Of Representations And Certifications

• 52.212-1 Instructions to Offerors –Commercial Items

• 52.212-3 Offeror Representations and Certifications Commercial items

HSTS01-16-Q-FDO022 15

TSA Clauses “Contract Administration Data”

G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015)

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:

Kirsten O’Brien

571-227-5633

Kirsten.O’Brien@tsa.dhs.gov

G.5200. 242.001 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND

TECHNICAL MONITORS (JUL 2015)

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.

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TSA COR:

Albert Filo

703-487-0083

Albert.Filo

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:

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.

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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.

G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015)

“SUBMISSION OF INVOICES”

(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.

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

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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:

(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

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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. This area is for the CO to document how often the contractor is allowed to submit invoices. An example is” Invoices shall be submitted on a monthly basis in accordance with the schedule.”

H.5200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (DEC 2015)

(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

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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.

H.5200.204.002 PERSONNEL ACCESS (MAR 2016)

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

2. Whenever personal identity verification (PIV ) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer’s Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for

PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Security Section, and the COR will advise the Contractor about

Government PIV card issuing facility locations that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.

H.5200.209.004 STAFF-LIKE ACCESS DETERMINATION FOR CONTRACTOR

EMPLOYEES (FEB 2016)

All contractor employees seeking to provide services to TSA under a TSA contract are subject to a fitness determination to assess whether their initial employment or continued employment on a

TSA contract protects or promotes the efficiency of the agency. TSA, by and through the Office of Security, Personnel Security Section (PerSec), will allow a contractor employee to commence work on a TSA contract only if a review of the contractor employee’s preliminary background check is favorable. Contractor employees with unfavorable preliminary background checks will not be allowed to work on a TSA contract.

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A fitness determination involves the following three phases:

Phase 1: Enter On Duty Fitness Determination: a review of a contractor employee’s consumer credit report, criminal history records, and submitted security forms to determine, to the extent possible, if the contractor employee has bad debt and/or criminal offenses and/or falsification issues that would prohibit employment as a TSA contractor. This determination may include verification of citizenship for contractor employees born outside of the United States. A favorable Enter On Duty Suitability Determination is not a final fitness determination; rather, it is a preliminary review of external data sources that allows the contractor employee to commence work prior to the required background investigation being completed.

When a contractor employee is deemed eligible to commence work on a TSA contract, TSA

PerSec will notify the appropriate Contracting Officer’s Representative (COR) of the favorable determination. Similar notifications will be sent when a contractor employee has not passed the preliminary background check and has been deemed unsuitable.

Phase 2: Background Investigation: Once the contractor employee commences work on a TSA contract, TSA PerSec will process all submitted security forms to determine whether the contractor has previously been the subject of a federal background investigation sufficient in scope to meet TSA minimum investigative requirements. Contractor employees who have a federal investigation sufficient in scope will immediately be processed for final fitness adjudication. Those contractor employees who do not have a previous federal background investigation sufficient in scope will be scheduled for the appropriate level background investigation through the submission of their security forms to the Office of Personnel

Management (OPM).

Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after receipt, review, and adjudication of the completed OPM background investigation. The final fitness determination is an assessment made by TSA PerSec to determine whether there is reasonable expectation that the continued employment of the TSA contractor will or will not protect or promote the efficiency of the agency. An unfavorable final fitness determination will result in a notification to the COR that the contractor employee has been deemed unfit for continued contract employment and that he/she shall be removed from the TSA contract.

H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)

Prescription: The following clause shall be placed into all solicitations and contracts issued by

TSA.

This contract is/ is not (CO shall select) for commercial item, as defined by FAR 2.1.

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H.5200.222.001 INSTRUCTIONS TO CONTRACTOR REGARDING NON-

DISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACT

LABOR STANDARDS-AFFECTED CONTRACTS. (JUL 2015)

(1) Background: Service contracts and subcontracts with employees who are specifically covered by the requirements in FAR Subpart 22.12—Nondisplacement of Qualified Workers

Under Service Contracts.

Applicability. FAR 52.222-17, “Nondisplacement of Qualified Workers” takes precedence, if there should be any conflict with any information in this specific contract term.

(A)(i)This special contract requirement requires successor contractors under a newly-awarded contract to offer employment on a first right of refusal to Service Contract Labor Standards -covered employees under a current contract that includes FAR 52.222-17. When a service contract (which is any contract or subcontract for services entered into by the Federal

Government or its contractors that is covered in whole or in part concerning its requirement by the Service Contract Labor Standards, as amended, and its implementing regulations) succeeds a contract for performance of the same or similar services, at the same location, the successor contractor and its subcontractors are required to offer those service employees that are employed under the predecessor contract, and whose employment will be terminated as a result of the award of the successor contract, a right of first refusal of employment under the contract in positions for which they are qualified. Executive Order 13495 prohibits employment openings under the successor contract until such right of first refusal has been provided.

(ii) Method of job offer. The successor contractor shall make job offers to current contract employees (who are covered by the Service Contract Act) as specified herein. The current contract is held by: (CONTRACTING OFFICER; INSERT NAME OF CURRENT

CONTRACTOR, CONTRACT NUMBER, and OFFICIAL CONTRACTOR

BUSINESS/MAILING ADDRESS). A job offer made by a successor contractor must be a bona fide express offer of employment on the contract. Each bona fide express offer made to a qualified service employee on the predecessor contract must have a stated time limit of not less than ten (10) days for an employee response. Prior to the expiration of the 10-day period, the contractor is prohibited from offering employment on the contract to any other person, subject to the exceptions at FAR 22.1203-5. Any question concerning an employee’s qualifications shall be decided based upon the individual’s education and employment history, with particular emphasis on the employee’s experience on the predecessor contract, and a contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits.

(iii) Exceptions to Job Offer requirements. (a) A successor contractor or its subcontractors are not required to offer employment to any service employee of the predecessor contractor who (1)

Will be retained by the predecessor contractor. (2) The successor contractor or any of its subcontractors reasonably believes, based on the particular service employee’s past performance, HSTS01-16-Q-FDO022 23 has failed to perform suitably on the job.