HSTS01-16-R-ENV003_FINAL.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

HSTS01-16-R-ENV003

SECTION I– SCHEDULE OF SUPPLIES /SERVICES

1.0 DESCRIPTION OF SERVICES

Once the Transportation Security Administration (TSA) accepts prohibited and hazardous items voluntarily abandoned by passengers at security checkpoints, it must properly dispose of those items. TSA Occupational Safety, Health, and Environment (OSHE) Division is responsible for protecting communities and the natural environment affected by our transportation security activities. Hazardous materials management and disposal services at security screening checkpoints at TSA airport locations may include providing containers, ensuring proper container identification, marking, labeling, packaging, shipping, and final treatment/disposal of collected materials to ensure environmental safety requirements are being met.

1.1 SCHEDULE OF SERVICES

ITEM

NO.

SCHEDULE OF SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

Base Period – 12 Months 00001 Transition 1 JB $ $

00002 Hazardous Materials Management Support – CONUS

9 MO $ $

00003 Hazardous Materials Management Support – OCONUS

9 MO $ $

00004 Other Direct Costs (ODCs) 1 NTE $100,000 $100,000 Option Period 1 – 12 Months

10001 Hazardous Materials Management Support – CONUS 12 MO $ $

10002 Hazardous Materials Management Support – OCONUS 12 MO $ $

10003 Other Direct Costs (ODCs) 1 NTE $100,000 $100,000 Option Period 2 – 12 Months 20001 Hazardous Materials Management

Support – CONUS 12 MO $ $

20002 Hazardous Materials Management Support – OCONUS 12 MO $ $

20003 Other Direct Costs (ODCs) 1 NTE $100,000 $100,000 Option Period 3 – 12 Months

30001 Hazardous Materials Management Support – CONUS 12 MO $ $

30002 Hazardous Materials Management Support – OCONUS 12 MO $ $

30003 Other Direct Costs (ODCs) 1 NTE $100,000 $100,000 Option Period 4 – 12 Months 40001 Hazardous Materials Management

Support – CONUS 12 MO $ $

40002 Hazardous Materials Management Support – OCONUS 12 MO $ $

40003 Other Direct Costs (ODCs) 1 NTE $100,000 $100,000

1.2 CONTRACT LINE ITEM (CLIN) SUMMARY

1.3 FUNDING

The Government reserves the right to modify and/or partially exercise the base and/or the optional periods of the contract at the convenience of the Government.

1.4 PERIOD OF PERFORMANCE

The total period of performance for this Firm Fixed Price (FFP) contract shall not exceed five (5) years if all options are exercised.

CLIN DESCRIPTION TYPE NOTE

Hazardous Materials Management Support -

CONUS

Firm Fixed Price

This CLIN shall fund the execution of all activities outlined in the Performance Work Statement in support of CONUS operations to include all travel and payment of regulatory fees.

Hazardous Materials Management Support -

OCONUS

Firm Fixed Price

This CLIN shall fund the execution of all activities outlined in the Performance Work Statement in support of OCONUS operations to include all travel and payment of regulatory fees.

Other Direct Costs Not To Exceed

(NTE)

This CLIN shall fund activities associated with training support only to include curriculum development and training aids and material development for field distribution and training facilitation as specified by the Government.

SECTION II – PERFORMANCE WORK STATEMENT

2.0 PERFORMANCE WORK STATEMENT – ATTACHMENT 1

SECTION III - SPECIAL CONTRACT REQUIREMENTS AND CONTRACT CLAUSES

3.0 CONTRACT ADMINISTRATION DATA

3.0.1 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:

NAME: Evelyn S. Tyndell

PHONE NUMBER: 571-227-1539

EMAIL: Evelyn.Tyndell@tsa.dhs.gov

(End of clause)

3.0.2 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.

TSA CORs: (Will be provided at time of award)

NAME:

PHONE NUMBER:

EMAIL:

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

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

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

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

• The COR will maintain communications with the Contractor and the Contracting Officer.

The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.

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

• The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions.

Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.

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

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

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

5. The responsibilities and limitations of the TM are as follows:

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

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

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

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

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

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

• Reporting any threats to the health and safety of persons or potential for damage to

Government property or critical national infrastructure which may result from the Contractor’s performance or failure to perform the contract’s requirements.

(End of clause)

3.0.3 5200.242.003 SUBMISSION OF INVOICES (JUL 2015)

(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 monthly contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen) following monthly contractor performance review and acceptance.

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

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

1) Facsimile number is: 757-413-7314

The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause.

2) U.S. Mail:

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

3) Email Invoices

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

(c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s 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 may 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 offers a discount on a specific invoice after its submission for payment, the Contractor shall 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 the prior month’s services.

3.2 SPECIAL CONTRACT REQUIREMENTS

3.2.1 TECHNICAL INSTRUCTION

(a) Performance of the work hereunder may be subject to written or oral technical instructions issued by the Contracting Officer's Representative (COR) specified in Section III of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, i.e., shift work emphasis, fill in details or otherwise serve to accomplish the contractual statement of work.

(2) Guidelines to the Contractor which assist in the interpretation of specifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the contract.

Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "CHANGES" clause of this contract; (3)increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten (10) working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.

(d) Failure of the Contractor and the CO to agree on whether Government direction is technical direction or a Change within the purview of the "Changes" clause shall be a dispute concerning a question of fact within the meaning of the Clause of the General Provision entitled, "Disputes."

(a) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.

3.2.2 DHS AND TSA ENTERPRISE ARCHITECTURE COMPLIANCE

a) The Contractor shall ensure that all solutions, products, deliverables, and services are aligned and compliant with the current DHS and TSA Enterprise Architecture, and the Federal Enterprise Architecture Framework (OMB Reference Models).

b) All solutions and services shall meet DHS and TSA Enterprise Architecture policies, standards, and procedures. Specifically, the contractor shall comply with Homeland Security Enterprise Architecture (HLS EA) requirements.

c) Description information for all data assets, information exchanges and data standards, whether adopted or developed, shall be submitted to the TSA Enterprise Architecture Data Management Team, who will be responsible for coordination with the DHS Enterprise Data Management Office (EDMO) for review, approval and insertion into the DHS Data Reference Model and Enterprise Architecture Information Repository.

i. Development of data assets, information exchanges, and data standards will comply with the DHS Data Management Policy MD 103-01 and all data-related artifacts will be developed and validated according to DHS and TSA data management architectural guidelines and subject to the TSA Enterprise Architecture Data Management Team (EDM) approval.

ii. In addition to the Federal Acquisitions Regulations (FAR) Subpart 27.4 – ‘Rights in Data and Copyrights’ and Section 35.011 detailing technical data delivery, the contractor shall provide all TSA-specific data in a format maintaining pre-existing referential integrity and data constraints, as well as data structures in an understandable format to TSA. Examples of data structures can be defined as, but not limited to

a. Data models depicting relationship mapping and, or linkages

b. Metadata information to define data definitions

c. Detailed data formats, type, and size

d. Delineations of the referential integrity (e.g., primary key/foreign key) of data schemas, structures, and or taxonomies

iii. All TSA-specific data shall be delivered in a secure and timely manner to TSA.

Data security is defined within the ‘Requirements for Handling Sensitive, Classified, and/or Proprietary Information’, section of this SOW. This definition complies with not only the delivery of data, but also maintaining TSA-specific data within a non- TSA or DHS proprietary system. Alternative data delivery techniques may also be defined by TSA Enterprise Data Management (EDM) team.

iv. All metadata shall be pre-defined upon delivery to TSA. Metadata shall be delivered in a format that is readily interpretable by TSA (e.g. metadata shall be extracted from any metadata repository that is not utilized by TSA and delivered in a TSA approved manner). Metadata shall also provide an indication of historical verses the most current data to be used, as well as frequency of data refreshes.

3.2.3 ACCESSIBILITY REQUIREMENTS (SECTION 508)

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L.

105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities.

Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.

Any applicable EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

A. Section 508 Applicable EIT Accessibility Standards

36 CFR 1194.21 Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured, developed or used under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria.

36 CFR 1194.24 Video and Multimedia Products, applies to all video and multimedia products that are procured or developed under this work statement. Any video or multimedia presentation shall also comply with the software standards (1194.21) when the presentation is through the use of a Web or Software application interface having user controls available.

36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY.

B. Section 508 Applicable Exceptions

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the COR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

C. Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available which meet some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

All tasks for testing of functional and/or technical requirements must include specific testing for Section 508 compliance, and must use DHS Office of Accessible Systems and Technology approved testing methods and tools. For information about approved testing methods and tools send an email to accessibility@hq.dhs.gov.

3.2.4 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 mailto:accessibility@hq.dhs.gov 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.

3.2.5 5200.204.002 PERSONNEL ACCESS (MAR 2016)

(a) All Contractor personnel requiring access to TSA facilities, information systems, or information will be subject to security vetting and related procedures set forth in this contract.

(b) Whenever personal identity verification (PIV ) cards or access badges 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.

3.2.6 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.

A fitness determination involves the following three phases:

Phase 1: Enter-On-Duty (EOD) 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 (EOD) 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.

3.2.7 5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)

This contract is/ is not for a commercial item, as defined by FAR 2.1.

(End of clause)

3.2.8 5200.218.001 CONTINGENCY AND/OR CONTINUITY OF OPERATIONS SUPPORT

OF TRANSPORTATION SECURITY ADMINISTRATION OPERATIONS (DEC 2015)

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

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

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

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

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

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

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

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

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

v. Be executable with or without warning.

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

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

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

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

The Contractor’s COOP Plan is intended to be executed in response to an incident, and the COOP Plan shall address each of the following requirements in depth, in addition to the essential functions described in CCG1:

(A) Communications. In the case of an applicable incident or a notification per paragraph (e) “Response Requirement” below, the Contractor shall maintain or be able to re-establish active, real-time communication with its employees under the contract during the 24-hour day period on all days during the week such that the Contractor can ensure performance under the contract will continue at such alternate locations under the contract to meet specified deliverables and/or response to surge capacity. Likewise, the Contractor shall ensure that effective communication about its contract performance can continue with the Contracting Officer, taking into account the operational profile or location of TSA facilities or assets in response to an incident in order to meet specified deliverables and/or response to surge capacity orders from the Contracting Officer.

(B) Facilities. In the case of an applicable incident or a notification per paragraph (e) “Response Requirement” below, the Contractor shall be able to re-constitute contractor presence at self-provided facilities or at Government-provided facility space as may be required in order to meet specified deliverables and/or response to surge capacity orders from the Contracting Officer.

(C) Information Systems/Network. In the case of an applicable incident or a notification per paragraph (e) “Response Requirement” below, the Contractor shall maintain and be able to re-constitute an information systems network at its facilities or for use at alternate facilities as may be necessary in order to meet specified deliverables and/or respond to surge capacity orders from the Contracting Officer.

(D) Annual or Periodic COOP Exercise. Under the monitoring of the Contracting Officer and Contracting Officer’s Representative (COR), the Contractor shall conduct an annual exercise to test the capabilities of its COOP Plan, or the Contractor may be included in periodic TSA COOP exercises as a means of fulfilling this requirement. Typically, a simulated scenario for the exercise will be developed, and the contractor’s management team will place the scenario into action on a simulated basis. As with all exercises, responses to the exercise must be based on the known capacities and capabilities of the contractor’s personnel and assets and take the actual disposition and locations of personnel and assets into account at the initiation and during the conduct of the exercise. Thus, while the exercise’s scenario is simulated, the contractor’s ability to initiate and to plan the execution of a response to the scenario via the COOP Plan is actual and will be assessed by the Government. The Contractor shall implement recommendations as a consequence of the Government’s assessment of its performance in response to the exercise. The Government’s assessment of COOP plan practice may be likewise included at the Government’s discretion as a portion of the “management” element assessed under the Contractor Performance Assessment Reporting System. Initiation of an exercise in response to the requirements of this clause does not entitle the Contractor to an equitable adjustment or otherwise constitute a change to this contract.

(E) Surge capacity and Continuity of Operations (COOP). The Contractor may be required to provide either surge capacity and/or a COOP response to conditions related to this clause.

“Surge capacity” means that the volume and pace of the contractor’s performance is required to be increased in order to meet the TSA’s increased volume of work and tempo of operations in an emergency situation. “COOP” means that the contractor may have to conduct various activities to re-establish or reconstitute operations in response to an incident, which could also include a necessity to provide for surge capacity.

(e) Response Requirement. The Contractor shall provide surge capacity to implement an increased workload within 24 hours of notification by the Contracting Officer in the event of:

(1) a specific declaration of national emergency by the Executive Office of the President and/or the occurrence of an Incident of National Significance or Major Disaster;

(2) a contingency operation initiated by DHS and/or the TSA;

(3) a continuity of operations re-establishment of DHS and/or its components' locations, deployments, or operational profiles;

(4) an emergency or event that affects DHS or TSA operations, requires a specific response as directed by the President, Secretary of Homeland Security, or Principal Federal Official so designated, and/or actuates part or all of the requirements within the National Response Framework;

(5) an increase in the Threat Levels published via the Homeland Security Advisory System, either on a national or an industry/sector specific basis (especially with respect to the Threat Conditions of “High,” and/or “Severe”); and/or

(6) the establishment of a specific TSA Critical Incident Management Group related to the functional area supported by this contract.

Staffing requirements may increase dramatically during such contingency operations or events.

During the beginning of a contingency, the contractor shall be prepared to augment staffing for the duration of the contingency in order to not impact the timeliness of other tasks, which may also be critical during a contingency.

(f) Ordering Surge Support. When the contractor’s support to provide surge capacity in response to the requirements of this clause is required under the contract, a duly appointed and warranted Contracting Officer will order such support in writing. Only such a designated Contracting Officer is authorized to direct Contractor’s performance in support of the requirements of this clause.

(g) Annual Statement Affirming Compliance. During each year of performance while this contract is in force, the Contractor is required to submit to the Contracting Officer, on the first day of December or the next following business day, a statement affirming the contractor’s intent to comply fully with the requirements of this clause and to indicate sufficient internal capacity to do so.

(h) Right to an Equitable Adjustment. This clause in no way diminishes or alters the right of the Contractor to an equitable adjustment for performance initiated in response to the Contracting Officer’s direction from paragraph (e) above.

(End of clause)

3.2.9 5200-218.002 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (JUL

2015)

(a) This contract has been designated as essential for continuation of a critical operational function of the Department of Homeland Security (DHS). Because performance of this contract is critical, the government and the contractor have reached this special agreement to take specific actions in the event of an emergency, such as nuclear, biological, chemical, or radiological attack, natural disaster, or health emergency, such a pandemic. The portions of this contract that have been identified as essential contractor services are identified on the attachment to this clause.

(b) The contractor agrees, notwithstanding potential excusable delays created by the event, to make best efforts to continue essential operations under the contract during an emergency or other event designated by DHS and:

(1) Cooperate with DHS actions to protect individuals (such as special protective gear, inoculations, or relocation);

(2) Take other necessary actions as directed by the DHS during an emergency or a situation that may disrupt normal operations;

(3) Ensure critical personnel are identified within 30 days of award or contract designation as critical

(4) Obtain commitments from critical employees to participate as directed by the DHS; and

(5) Negotiate an equitable adjustment after the fact for the impact of any special actions directed by the DHS during an event.

(c) The government agrees to:

(1) Notify the contractor that it is taking actions pursuant to this clause;

(2) Utilize the authority of this clause only in emergency circumstances warranting its invocation; and

(3) Negotiate an equitable adjustment to this contract at the conclusion of actions taken pursuant to this clause.

(d) Equitable adjustment. The contractor must assert a claim for equitable adjustment within sixty (60) days of conclusion of actions taken pursuant to this clause, or within time specified by the Changes clause, if already included in the contract, whichever is earlier. The government agrees to negotiate an equitable adjustment to this contract at the conclusion of actions taken pursuant to this contingency plan in the event there is a cost impact. A failure of the parties to agree on the equitable adjustment will be considered to be a dispute in accordance with the “Disputes” clause of this contract.

(e) The contractor shall complete a written plan within 30 days after award of this contract

(or, in the case of modification, within 30 days of incorporation into the contract of this clause), for continuing the performance of essential contractor services identified in the attachment to this clause.

(1) The plan shall identify provisions made for the acquisition of necessary personnel and resources for continuity of operations up to 30 days or until normal operation can resume.

(2) The plan must address at a minimum:

(i) Challenges associated with maintaining essential services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of necessary replacement personnel and resources and their actual availability on-site;

(iii) The resources, processes and requirements for identification, training and preparedness of personnel who are capable of relocating to alternate spaces or performing work at home;

(iv) Alert and notification procedures for mobilizing identified essential contractor service personnel; and

(v)The approach for communicating expectations to contractor employees regarding their roles and responsibilities during an emergency or other event designated by the DHS.

(f) The contractor shall notify the contracting officer in advance at any time it determines that actions under the contingency plan need to be taken. The government reserves the right to determine that action under the contingency plan shall not be taken and that normal contract operation should continue to the extent they are possible.

(g) All paragraphs except the equitable adjustment provisions of this clause shall be included in subcontracts that have…