Lockers_RFQ_HSTS01-16-Q-RES061.pdf
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Solicitation for Nation Wide Lockers
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
Arlington VA 20598
701 S 12TH STREET
HUMAN CAPITAL & FINANCE
CODE 16. ADMINISTERED BYCODE
X
X
X
337215
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR01
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
07/21/2016 1600 ES5712274245ORLANDO MONTOYA
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
HSTS01-16-Q-RES061
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 49 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Arlington VA 20598
701 S 12TH STREET
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
HUMAN CAPITAL & FINANCE
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Loretta R. Hawley
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
49 2 of
TSA Request for Quote No. HSTS01-16-Q-RES061
BLANKET PURCHASE AGREEMENT (BPA) FOR
NATIONWIDE LOCKERS AND MISCELLANEOUS STEEL FURNITURE
Department of Homeland Security Transportation Security Administration
Office of Acquisition 701 South 12th Street
Arlington, VA 20598-6025
TRANSPORTATION SECURITY ADMINISTRATION
BLANKET PURCHASE AGREEMENT (BPA)
In the spirit of the Federal Acquisition Streamlining Act, the Transportation Security Administration (TSA) and Contractor Name enter into an agreement to facilitate the Nationwide Lockers and Miscellaneous Steel Furniture in support of TSA field offices via the Office of Real Estate Services.
The parties agree that the Terms and Conditions set forth in this BPA and those set forth in any individual order awarded, shall govern performance on that order. In no event will the Terms and Conditions set forth in either this BPA or the individual order be construed as changing the scope of the BPA set forth herein.
Signatures:
Loretta Hawley DATE Authorized Official DATE Contracting Officer Title/Position Human Capital & Finance Division Contractor Name Transportation Security Administration
SECTION 1—DESCRIPTION OF PRODUCTS AND SERVICES
Under this agreement, the BPA holder shall provide lockers and miscellaneous steel furniture products and related services in accordance with the BPA, SOW and specific orders as described in individual task orders. These services will be provided when ordered by an authorized Contracting Officer or Ordering Official within TSA during the performance period of the BPA.
SECTION 2—PRICES/COST
2.1 CONTRACT LINE ITEM (CLIN) STRUCTURE
This agreement will contain firm fixed price, labor hour and time and material line items. The Contractor shall provide fixed labor hour rates for all proposed pricing which shall be based on the following contract line items:
CLIN CLIN Type Description
0001 Fixed Price - Supply Steel Furniture - All prices fully loaded to include all coordination oversight and delivery and installation services.
0001A Fixed Price - Supply Lockers 0001B Fixed Price – Supply Storage Cabinets 0001C Fixed Price – Supply Warehouse Pallet Racks 0001D Fixed Price - Supply Work Benches 0001E Fixed Price- Supply Closed Steel Shelving 0001F Fixed Price- Supply Open Steel Shelving 0002 Labor Hour - Service Relocation and repair services – All prices include site visit and return trip (if required).
0002A Labor Hour - Service Relocation - Labor 0002B Labor Hour - Service Repair - Labor 0002C Labor Hour – Service After Hours Repair - Labor 0002D After Hours Relocation - Labor 0003 Time and Material Repair – Parts 0004 Time and Material Other Direct Costs(s)
2.2 ORDER GUARANTEE
This requirement does not guarantee the contractor issuance of any task order or delivery order under this agreement.
2.3 PRICING
Under this agreement the product prices, labor categories and rates as proposed by __Contractor’s Name____ are hereby accepted by the Government and incorporated into this agreement by full text as an attachment as listed herein.
[End of Section 2]
SECTION 3—STATEMENT OF WORK
3.1 Organization
Transportation Security Administration (TSA) Office of Real Estate Services (ORES) 601 South 12th Street Arlington, VA 20598-6017
3.2 Objective
To provide metal furniture products, to be used for the direct support of helping fulfill TSA’s mission in the field offices, nationwide.
3.3 Background
The TSA was created by Public Law 107-71 and is responsible for the day-to-day Federal civil aviation security, including screening operations for passenger air transportation, and intrastate air transportation. TSA requires space at every airport in the United States of America and its possessions and territories having scheduled commercial airline service. TSA is allocated space and leases space on-airport property in direct support of our employee workforce i.e., break rooms, locker and changing rooms, training and storage spaces.
TSA is positioned at approximately 450 airport locations across the United States, U.S. Virgin Islands, and U.S. Territories. As of FY2016, TSA has installed Lockers and Storage Cabinets in 213 of the airport locations.
3.4 Scope of Work
The Contractor shall provide all products, program management, labor, personnel, supervision, delivery/freight, installation, storage and other services including relocation and maintenance necessary under this agreement. The Contractor shall provide all services and products in support of the stated objective.
3.4.1 The TSA Office of Real Estate Services (ORES), has a requirement for metal lockers to secure personal belongings, metal storage cabinets to secure equipment and supplies, warehouse pallet racks for storage of larger quantities of consumables, and services for repairs, reconfigurations, relocations and temporary storage as needed by the program.
3.4.2 The Contractor must be able to provide all products and services to all airport locations, nationwide. Nationwide is defined as the continental United States, Hawaii, Alaska, Guam, U.S. Virgin Islands and all U.S. Territories.
3.4.3 The Contractor will coordinate with TSA airport/field office staff on delivery, installation or maintenance services. This coordination must comply with the terms and conditions of the BPA and any specific airport regulations or requests.
3.4.4 The Contractor shall provide relocation and repair services to existing Tennsco lockers, including providing parts as required for repair orders.
3.4.5 The Contractor shall comply with FAR Clause 52.225-1 “Buy American Act” (May 2014).
3.4.6 The Contractor shall use products and materials made from biobased materials to the extent possible without jeopardizing the intended use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards.
3.5 Applicable Documents
Attachment 1 – Listing of all Federalized Airports Attachment 2 – Listing of all Federalized Airports with steel furniture in place
Attachment 3 – Lockers and Miscellaneous Steel Furniture Product List
Attachment 4- SCC1111(OCONUS) Attachment 5- STL9999 (CONUS)
3.6 Technical Requirements/ Specifications
3.6.1 Steel Furniture
3.6.1.1 Lockers - Pre-assembled all welded body construction, smooth cold rolled quality commercial grade steel, free from buckle and imperfections, finished with high grade durable enamel paint finish and configured in 1, 2, 3, 4, 5 and 6 tiers with noise dampening feature(s), solid door with flush ventilation louvers. Refer to product list for sizes and configurations, details on steel gauges and additional features.
3.6.1.2 Double Door Wardrobe Cabinets - Commercial quality cold rolled steel, all-welded body construction, two integrated adjustable levelers, minimum 3 hinges per door for cabinet heights of 72", 2 hinges per door on 42" and 30" heights, welded to frame and door, standard key lock lever handle, 3-point door locking mechanism, noise dampening feature(s). Adjustable shelves that do not require additional parts when lost require additional purchase or service call, solid door with ventilation features, durable enamel paint finish. Wardrobe Cabinet requires a shelf and coat rod.
Refer to product list for sizes and configurations, details on steel gauges and additional features.
3.6.1.3 Double Door Storage Cabinets- Commercial quality cold rolled steel, all-welded body construction, two integrated adjustable levelers, minimum 3 hinges per door for cabinet heights of 72", 2 hinges per door on 42" and 30" heights, welded to frame and door, standard key lock lever handle, 3-point door locking mechanism, noise dampening feature(s). Adjustable shelves that do not require additional parts when lost require additional purchase or service call, solid door with ventilation features, durable enamel paint finish. Refer to product list for sizes and configurations, details on steel gauges and additional features
3.6.1.4 Closed Steel Shelving- Commercial quality steel, shelf minimum load capacity of 750 lbs., durable powder-coated paint finish. Units will be installed in singular or multiples fastened side by side and anchored to wall. Refer to product list for sizes and configurations, details on steel gauges and additional features.
3.6.1.5 Open Steel Shelving- Commercial quality steel, shelf minimum load capacity of 750 lbs., durable powder-coated paint finish. Units will be installed in singular or multiples fastened side by side and anchored to wall. Refer to product list for sizes and configurations, details on steel gauges and additional features.
3.6.1.6 Warehouse Pallet Racks- Industrial grade warehouse pallet racks. Pallet
Racks must be RMI, AISI and AISC specification compliant, made of high-strength cold-rolled steel, durable powder-coated color finish, vertical beam adjustment in two-inch increments, built in safety features such as clips to prevent uplifting and dislodging during rack loading and unloading.
Refer to product list for additional details and features.
3.6.1.7 Workbenches-. A workbench in 24", or 30" deep, 60" wide, plastic laminate work surface, riser shelf with integrated electrical wiring with a minimum of 3 duplex outlets, two (2) locking drawers (2), and a locking storage compartment (preferred).
3.6.2 Relocation and Repair Services
3.6.2.1 Relocation - includes the relocation of lockers and/or cabinets within an airport/building and/or to another location within the market area.
Relocation includes a site survey visit, removal of wall bolts, dissembling units, pack to protect from damage, remove and load on truck and transport if required, reinstall at new location, anchor to wall including any additional shims or typical supporting materials. Labor shall be performed during normal business hours of 8:00AM to 5:00PM, Monday through Friday.
3.6.2.2 Repair – (onsite) includes site visit, return trip (if required), parts and labor performed during normal business hours of 8:00AM to 5:00PM, Monday through Friday.
3.6.2.3 After Hours Repair and Relocation – (onsite) includes site visit, return trip
(if required), parts and labor performed outside the normal business hours of 8:00AM to 5:00PM, Monday through Friday, due to TSA Field Office or Airport requirements.
3.6.2.4 The Contractor shall complete relocation and reconfiguration services within the agreed upon schedule provided by TSA. TSA will provide a minimum of 10 calendar days notice from the order date to scheduled completion date.
3.6.2.5 The Contractor shall complete repairs within 14 calendar days of the repair request (unless the item(s) cannot be repaired). In the event the item cannot be repaired the Contractor must immediately notify the TSA to place a replacement order.
3.6.3 Coordination Oversight
3.6.3.1 The Contractor shall provide project management services and coordination oversight for all aspects of this agreement.
3.6.3.2 The Contractor shall assign a single point of contact to serve as the
National Coordinator. The National Coordinator will work closely with the TSA Office of Real Estate Services (ORES) and TSA Field Points of Contact(s) (POCs) to obtain all project information to include airport point(s) of contact, delivery address, special delivery requirements, and product/service orders and quantities.
3.6.3.3 The National Coordinator shall be responsible for managing the assignments and status of the regional representatives and sub-contractors as well as be available to answer inquiries on all activities and orders.
3.6.4 Delivery and Installation Services
3.6.4.1 The Contractor shall provide inside delivery and installation services for all products, which includes all coordination and scheduling with on-site TSA field level points of contract, and building owner/managers as required.
3.6.4.2 The contractor shall deliver, unpack, install items at the designated location as directed, and remove all debris.
3.6.4.3 The Contractor shall deliver and install products in no more than ninety
(90) calendar days from the date of order.
3.6.5 Product and Installation Warranty Requirements
3.6.5.1 Product Warranty – Minimum one year warranty on the product is required. Warranty shall cover the product to be free from defects in materials and workmanship. Any product damaged upon arrival, the Contractor will correct immediately with a replacement item(s) delivered within a reasonable amount of time, not to exceed 30 calendar days. All freight claims for damaged product and any return visit(s) resulting from the damaged product will be the responsibility of the Contractor.
3.6.5.2 Installation Warranty – Minimum one year warranty on the product installation is required.
3.7 Contractor Furnished Resources and Information
3.7.1 The Contractor shall furnish all supplies and equipment necessary to accomplish the requirements as stated in this SOW.
3.7.2 Status Reports – The Contractor shall submit a monthly status report to the COR, due no more than five (5) business days after the close of the month. The status report shall include information about all orders, to include those placed by the COR and by the Field POCs. The report must detail each Airport Name and Code, individual Order call number, order description, corresponding Order Date, Ship Date, Estimated Delivery Date, Payment method (Government Purchase Card or Invoice) the Maximum 90 Day Installation Date allowed by the contract, and the total cost.
3.8 Security Requirements
3.8.1 Contractor employees are required to meet all airport security screening requirements.
3.8.2 Security requirements shall be met prior to start of work. The Contractor is responsible for any and all fees associated with security requirements.
3.9 Business Requirements
3.9.1 The Contractor shall meet and maintain all insurance and bonding requirements established by the airport authority for doing business on airport property.
3.9.2 The Contractor is responsible for complying with the Department of Labor’s prevailing Wage Determination under the Service Contract Act for the duration of this agreement.
[End of Section 3]
SECTION 4—PERFORMANCE
4.1 PERIOD OF AGREEMENT
This agreement shall be in effect from date of award through five years.
4.2 PLACE OF PERFORMANCE
Place of performance shall be specified on each individual order issued hereunder.
Please Note: Place of performance shall include the United States and all United States territories.
4.3 PERFORMANCE
The following terms and conditions are applicable:
4.3.1 The Government will not directly supervise BPA holder employees and the BPA holder shall not provide technical direction to any Government personnel. Day to day supervision of BPA holder personnel should be conducted by the BPA holder Task Leader wherever the BPA holder personnel are located. All direction to the BPA holder shall be through the TSA Contracting Officer.
4.3.2 Cancellation: This BPA may be unilaterally canceled by the CO if the BPA holder fails to perform in accordance with the terms and conditions of this BPA, any order established under this BPA, or if deemed in the best interests of the Government.
4.4 ORDER REQUIREMENTS
4.4.1 Delivery destination, schedule and dates shall be cited on individual orders.
4.4.2 Order Limitations
The volume of purchases through this BPA shall have no minimum guarantee.
The estimated maximum limit shall be $3,500,000 for all orders issued. The Government is under no obligation to the BPA holder to purchase any specified quantity of services. Preparation costs associated with order preparation shall not be passed to the Government.
4.4.3 Ordering Period
4.4.3.1 The BPA basic ordering period is five (5) years. The ordering period will not exceed five (5) years. All task order period of performance must be in sync with the BPA’s period of performance.
4.4.3.2 If the Government determines a change is needed to the ordering/performance periods, the Government will notify the BPA holder of their intent.
4.4.3.3 Orders will be placed against this BPA via email only. Order performance periods shall not extend beyond the BPA period of performance.
[End of Section 4]
SECTION 5—CONTRACT ADMINISTRATION DATA
5.1 ACCOUNTING AND APPROPRIATION DATA
5.1.1 To be cited on each individual task order issued hereunder.
5.1.2 This BPA does not obligate any funds nor authorize any work. The Government is obligated only to the extent of funds obligated on authorized task orders issued under this BPA by the Contracting Officer.
5.2 GOVERNMENT POINTS OF CONTACT
5.2.1 Contracting Officer (CO)
The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned:
TSA Contracting Officer:
NAME: Loretta Hawley
PHONE NUMBER: 512-691-7921
EMAIL: Loretta.hawley@tsa.dhs.gov
5.2.2 The Contract Specialist:
NAME: Orlando Montoya
PHONE NUMBER: 571-227-4245
EMAIL: Orlando.montoya@tsa.dhs.gov
5.2.2 Contracting Officer’s Representative (COR)
The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.
The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.
TSA COR:
NAME: Stephen Brown
PHONE NUMBER: 571-227-1670
EMAIL: stephen.a.brown@tsa.dhs.gov mailto:Loretta.hawley@tsa.dhs.gov mailto:Orlando.montoya@tsa.dhs.gov mailto:stephen.a.brown@tsa.dhs.gov
The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.
The responsibilities and limitations of the COR are as follows:
• The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract.
• The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.
• The COR will maintain communications with the Contractor and the Contracting Officer.
The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.
• The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant.
• The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.
• The COR is not authorized to direct the Contractor on how to perform the work.
• The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order.
• The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.
5.2.3 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.
5.3 AUTHORIZED USERS
The Contracting Officer, see section 5.2 above, is the only user authorized to place task orders under this BPA. The resultant BPA is for TSA use only.
5.4 NOTIFICATION REGARDING ADMINISTRATIVE PROBLEMS
If at any time during the performance of this contract, administrative problems should arise which will have an adverse impact on timely performance by the Contractor or affect the contract costs or funding, the Contractor is required to immediately notify the Contracting Officer (CO) identified in 5.2 above.
5.5 CONTRACTOR’S CONTRACT ADMINISTRATION
Note: This position is considered Key and therefore subject to the regulation outlined in HSAR Clause 3052.215-70.
The Contractor’s contract administration functions will be performed at the following address: TBD
Name and Title______________________________________________ Responsible Office ___________________________________________ Address____________________________________________________ Telephone Number___________________________________________ Fax Number_________________________________________________ Email Address_______________________________________________
DUNS #____________________________________________________
Tax/Employer Identification #____________________________________
5.6 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.
2) [Insert appropriate address/ contact information based on type (i.e. LEO reimbursements, Utilities, Interagency Agreements or All Others). All others is to be used for any not specifically listed]
U.S. Mail:
LEO Reimbursements:
United States Coast Guard Finance Center TSA LEO Reimbursements PO Box 4111 Chesapeake, VA 23327-4111
Utilities:
United States Coast Guard Finance Center TSA Commercial Utilities PO Box 4144 Chesapeake, VA 23327-4144
Interagency Agreements:
United States Coast Guard Finance Center TSA Interagency Agreements PO Box 4111 Chesapeake, VA 23327-4111
(FIN-SMB-IPACTSA@uscg.mil)
All others 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:
(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. Invoices shall be submitted on a monthly basis for all orders completed during the prior month.
[End of Section 5]
SECTION 6—SPECIAL CONTRACT REQUIREMENTS
6.1 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 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.
6.2 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.
(End of clause)
6.3 H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)
This contract isfor commercial item, as defined by FAR 2.1.
6.4 H. 5200.216.001 TASK AND DELIVERY ORDER OMBUDSMAN (DEC 2015)
In accordance with Federal Acquisition Regulation (FAR) 16.505(b)(2)(ii)(D)(8), the Transportation Security Administration has designated its Competition Advocate as the “Task and Delivery Order Ombudsman.” The Ombudsman is a disinterested, neutral party with extensive subject matter expertise in federal procurement procedures who does not otherwise participate in any action or decision relative to specific delivery or task orders or the ordering process. Rather, the Ombudsman assists with complaints by contract holders that focus upon procedural methods used to award orders under indefinite-delivery contracts per FAR 16.505. The Ombudsman reviews complaints to ensure that contract holders are afforded a fair opportunity to be considered, consistent with the ordering procedures stated in the specific indefinite-delivery contract. The Ombudsman does not adjudicate contract “protests” or “disputes” which are defined and covered under FAR Part 33 and specified contract clauses. Any submissions under the authority of this specific contract term do not meet any standard required for a “protest” or a “dispute” as defined in the FAR. Contract holders with complaints due to a specific action undertaken during the ordering process of a specific indefinite delivery contract must address their complaint either in writing to:
TSA Task and Delivery Order Ombudsman, Office of Acquisition (TSA-25), 601 S. 12th Street, Arlington, VA 20598-6025, or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate “Task/Delivery Order Ombudsman”. The complainant’s correspondence must clearly identify a specific action and all pertinent facts. All information submitted to the Ombudsman must identify any restrictions on the use, release, or disclosure of such submitted information; however, the complainant shall not include or submit any Classified National Security Information or Sensitive Security Information in a complaint.
6.5 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, has failed to perform suitably on the job. (See 29 CFR 9.12(c)(4) for regulatory provisions addressing circumstances in which this exception would or would not be appropriate.) (b) A successor contractor or its subcontractors may employ under the contract any of its current service employees who (1) have worked for the successor contractor or its subcontractors for at least three months immediately preceding the commencement of the successor contract, and (2) would otherwise face lay-off or discharge. (c) The successor contractor bears the responsibility of demonstrating the appropriateness of claiming any of the preceding exceptions and the exemption listed at FAR 22.1203-2(a)(5) involving nonfederal work and must provide notice of such with its proposal to the Government.
(B)(i) The predecessor contractor is required to furnish to the contracting officer a certified list of the names of all service employees working under the contract and its subcontracts at the time the list is submitted. The certified service employee lists must be provided not less than thirty (30) days before completion of the contract. The certified list must also contain anniversary dates of employment of each service employee under the contract and subcontracts for services. The information on this list is the same as that on the seniority list required by paragraph (n) of the clause at FAR 52.222-41, “Service Contract Labor Standards.” If there are no changes to the workforce before the predecessor contract is completed, then the predecessor contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of FAR 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor contractor shall submit a revised certified list not less than ten (10) days prior to performance completion. The Contractor shall submit such list to:
CONTRACTING OFFICER FILL IN ADDRESS. (b) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer will provide the certified service employee list to the successor contractor.
(ii) Contractor Notification to Service Employees. (a) The predecessor contractor shall provide written notice, the same or substantially the same as the model notice provided under Appendix B of Title 29, Code of Federal Regulations, Chapter 9 to service employees of their possible right to an offer of employment with the successor contractor. The written notice shall be (1) Posted in a conspicuous place at the worksite; or (2) Delivered to the service employees individually. If such delivery is via e-mail, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.
(2) Enforcement methods. Contractors are hereby notified that all specified enforcement methods to ensure contractor compliance with these requirements may be applied at the discretion of the Contracting Officer and as such may be specified under direction from the U.S. Department of Labor.
6.6 H.5200.224.001 DISCLOSURE OF INFORMATION (JUL 2015)
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.
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.
6.7 H.5200.228.001 INSURANCE FOR CONTRACTOR PERFORMANCE AT THE AIRPORT (JUL
2015)
The Contractor must have approved insurance on file with with the various airports. The Contractor is required to procure at its own expense, and keep in effect at all times during the term of the Blanket Purchase Agreement, the types and amounts of insurance specified. Typically, companies whose work is performed within buildings and terminals are required to have a minimum of (Contact each airport for the minimum amount) of liability insurance. Companies who require tools and/or equipment, and airfield access must have a minimum of (Contact the various airport POC’s) of liability insurance. 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 various airports] based upon the company’s scope of work and airport access required. For further information regarding Insurance Requirements, please contact various airport points of contact.]
(End of clause)
6.8 H.5200.232.001 “INCREMENTAL FUNDING UNDER A CONTINUING RESOLUTION AFFECTING
THIS CONTRACT” (JUL 2015)
(a) At the Government’s sole discretion, any Fixed Price, Time-and-Material and Labor Hour line item(s) under this contract may be incrementally fundedonly during the effective duration of a continuing resolution . Once the budget has passed for that fiscal year, full funding for the line items below must be obligated. . There shall be no change in total line item price or cost/fee in the event the Government exercises this unilateral right. All other terms and conditions of the contract shall remain unchanged, including overall line item period of performance.
(b) Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table.
For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. (This funding table will be updated in each contract modification that provides additional funds under the contract, if any).
Contract Line Item Number (CLIN)
CLIN Price Currently Allotted Funding
Funds Required for Complete Funding
Anticipated Period of Performance for Allotted Funding
(c) For item(s) identified in paragraph (b) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract. The Contractor is not authorized to continue work on those item(s) beyond that point.
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