RH_RFP_-_A00001.pdf

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 of 98

Offeror to complete blocks 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

HSTS01-16-R-HRM037 02/29/2016

7. FOR SOLICITATION

A. NAME B. TELEPHONE (No Collect Calls) 8. OFFER DUE DATE/

LOCAL TIME (EST)

INFORMATION CALL Sam Heim / PFPAcqTeam@tsa.dhs.gov 04/03/2016

3:00pm EST

9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB

DESTINATION UNLESS

12. DISCOUNT TERMS

DEPARTMENT OF HOMELAND SECURITY UNRESTRICTED BLOCK IS MARKED

SEE SCHEDULE

TRANSPORTATION SECURITY ADMINISTRATION SET-ASIDE: 100% FOR 13a. THIS CONTRACT IS A RATED ORDER

OFFICE OF ACQUISITION

SMALL BUSINESSES UNDER DPAS (15 CFR 700)

601 SOUTH 12TH STREET 8(a) 13b. RATING

ARLINGTON, VA 20598-6025

NAICS: 541612 14. METHOD OF SOLICITATION

SIZE STANDARD: RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINSTERED BY CODE

OFFICE OF ACQUISITION

SEE SCHEDULE WORKFORCE & ENTERPRISE OPERATIONS ACQUISITION DIVISION

601 SOUTH 12TH STREET

ARLINGTON, VA 20598-6025

17a. CONTRACTOR/OFFEROR CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

COMMANDING OFFICER

CG FINANCE CENTER

1430A KRISTINA WAY

CHESAPEAKE, VA 23326-0624

Email: FIN-SMB-TSAINVOICES@uscg.mil Fax: 757-413-7314

TELEPHONE: 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED:

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

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE

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

27a. SOLICITATIONS INCORPORATE BY REFERENCE FAR 52.212-1, 52.212-4 . FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACTS/PURCHASE ORDERS INCORPORATE BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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

HEREIN.

29.

AWARD OF CONTRACT: REFERENCE 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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

Charles Strickland

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev 4/2002) PREVIOUS EDITION NOT USABLE Prescribed by GSA – FAR 53.212 mailto:Katya.Cruz@dhs.gov mailto:FIN-SMB-TSAINVOICES@uscg.mil

TABLE OF CONTENTS

REQUEST FOR PROPOSAL (RFP) HSTS01-16-R-HRM037

RECRUITMENT & HIRING

TABLE OF CONTENTS

SECTION I – SERVICES AND PRICING

SECTION II – STATEMENT OF WORK

SECTION III – CONTRACT ADMINISTRATION DATA

SECTION IV – SPECIAL CONTRACT REQUIREMENTS

SECTION V – CONTRACT CLAUSES

SECTION VI – ATTACHMENTS

SECTION VII – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

SECTION VIII – INSTRUCTIONS TO OFFERORS

SECTION IX – EVALUATION FACTORS FOR AWARD

SECTION I – SERVICES AND PRICING

1.0 DESCRIPTION OF SERVICES

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

1.1 CONTRACT LINE ITEM (CLIN) STRUCTURE

The prices for the base and each option period shall be inclusive of all costs necessary to implement and fulfill the item numbers and accompanying item descriptions shown in the Price Schedule below.

*The Unit “Per Hire” includes all costs associated with the recruitment and hiring processes as outlined in

Section II, Statement of Work (SOW), to get one (1) applicant in the specified labor category position to the “Official Offer Letter” stage of the onboarding process.

**NTE amounts are based on the amount of funds anticipated to be obligated under a Task Order(s) within that contract period that the Contractor is not authorized to exceed.

***The “Each” unit price of the business Process Reengineering plan (BPR) is based on a per plan basis.

Base Period: 6-Months

CLIN DESCRIPTION UNIT UNIT PRICE

HIRING REQUIREMENTS

Field Management and Administrative Professional

(MAP) Hiring Per Hire* $

0002 Federal Air Marshal (FAM) Hiring Per Hire* $

0003 Transportation Security Officer (TSO) Hiring

0003AA Open/Close Job Opportunity Announcement (JOA) Each $

0003AB Airport Assessment Support Hour $

0003AC Medical Evaluation Each $

0003AD Mobile Medical and Drug Testing Evaluation Unit Each $

0003AE Background Investigation Each $

0003AF Certification Each $

RECURRING REQUIREMENTS

0004 Recruitment Management Team Support Services Month $

Advertisement, Marketing, Travel and other Direct

Costs (ODCs)

NTE** $

Customer Service Center Support - Service Request

Ticket Resolution, Assisting Candidates with

Scheduling (from both inbound and outbound contacts)

Month $

IT Security Authorization and Compliance and IT

Support - Applicant Intake System; Applicant

Tracking System; Automated Staffing System;

Systems Maintenance Administration.

Month $

Operational Management - Reporting, Records

Management, Program Management, Quality Control, Special Handling and Overall Hiring Support

Month $

STAND-ALONE REQUIREMENTS

0009 Incoming Transition Lot $

Option Period 1: 12-Months

HIRING REQUIREMENTS

Field Management and Administrative Professional

(MAP) Hiring Per Hire* $

1002 Federal Air Marshal (FAM) Hiring Per Hire* $

1003 Transportation Security Officer (TSO) Hiring

1003AA Open/Close Job Opportunity Announcement (JOA) Each $

1003AB Airport Assessment Support Hour $

1003AC Medical Evaluation Each $

1003AD Mobile Medical and Drug Testing Evaluation Unit Each $

1003AE Background Investigation Each $

1003AF Certification Each $

RECURRING REQUIREMENTS

1004 Recruitment Management Team Support Services Month $

Advertisement, Marketing, Travel and other Direct

Costs (ODCs)

NTE** $

Customer Service Center Support - Service Request

Ticket Resolution, Assisting Candidates with

Scheduling (from both inbound and outbound contacts)

Month $

IT Security Authorization and Compliance and IT

Support - Applicant Intake System; Applicant

Tracking System; Automated Staffing System;

Systems Maintenance Administration.

Month $

Operational Management - Reporting, Records

Management, Program Management, Quality Control, Special Handling and Overall Hiring Support

Month $

STAND-ALONE REQUIREMENTS

1009 Business Process Reengineering (BPR) Plan Each*** $

1010 Outgoing Transition Lot $

Option Period 2: 12-Months

HIRING REQUIREMENTS

Field Management and Administrative Professional

(MAP) Hiring Per Hire* $

2002 Federal Air Marshal (FAM) Hiring Per Hire* $

2003 Transportation Security Officer (TSO) Hiring

2003AA Open/Close Job Opportunity Announcement (JOA) Each $

2003AB Airport Assessment Support Hour $

2003AC Medical Evaluation Each $

2003AD Mobile Medical and Drug Testing Evaluation Unit Each $

2003AE Background Investigation Each $

2003AF Certification Each $

RECURRING REQUIREMENTS

2004 Recruitment Management Team Support Services Month $

Advertisement, Marketing, Travel and other Direct

Costs (ODCs)

NTE** $

Customer Service Center Support - Service Request

Ticket Resolution, Assisting Candidates with

Scheduling (from both inbound and outbound contacts)

Month $

IT Security Authorization and Compliance and IT

Support - Applicant Intake System; Applicant

Tracking System; Automated Staffing System;

Systems Maintenance Administration.

Month $

Operational Management - Reporting, Records

Management, Program Management, Quality Control, Special Handling and Overall Hiring Support

Month $

STAND-ALONE REQUIREMENTS

2009 Business Process Reengineering (BPR) Plan Each*** $

2010 Outgoing Transition Lot $

Option Period 3: 12-Months

HIRING REQUIREMENTS

Field Management and Administrative Professional

(MAP) Hiring Per Hire* $

3002 Federal Air Marshal (FAM) Hiring Per Hire* $

3003 Transportation Security Officer (TSO) Hiring

3003AA Open/Close Job Opportunity Announcement (JOA) Each $

3003AB Airport Assessment Support Hour $

3003AC Medical Evaluation Each $

3003AD Mobile Medical and Drug Testing Evaluation Unit Each $

3003AE Background Investigation Each $

3003AF Certification Each $

RECURRING REQUIREMENTS

3004 Recruitment Management Team Support Services Month $

Advertisement, Marketing, Travel and other Direct

Costs (ODCs)

NTE** $

Customer Service Center Support - Service Request

Ticket Resolution, Assisting Candidates with

Scheduling (from both inbound and outbound contacts)

Month $

IT Security Authorization and Compliance and IT

Support - Applicant Intake System; Applicant

Tracking System; Automated Staffing System;

Systems Maintenance Administration.

Month $

Operational Management - Reporting, Records

Management, Program Management, Quality Control, Special Handling and Overall Hiring Support

Month $

STAND-ALONE REQUIREMENTS

3009 Business Process Reengineering (BPR) Plan Each*** $

3010 Outgoing Transition Lot $

Option Period 4: 12-Months

HIRING REQUIREMENTS

Field Management and Administrative Professional

(MAP) Hiring Per Hire* $

4002 Federal Air Marshal (FAM) Hiring Per Hire* $

4003 Transportation Security Officer (TSO) Hiring

4003AA Open/Close Job Opportunity Announcement (JOA) Each $

4003AB Airport Assessment Support Hour $

4003AC Medical Evaluation Each $

4003AD Mobile Medical and Drug Testing Evaluation Unit Each $

4003AE Background Investigation Each $

4003AF Certification Each $

RECURRING REQUIREMENTS

4004 Recruitment Management Team Support Services Month $

Advertisement, Marketing, Travel and other Direct

Costs (ODCs)

NTE** $

Customer Service Center Support - Service Request

Ticket Resolution, Assisting Candidates with

Scheduling (from both inbound and outbound contacts)

Month $

IT Security Authorization and Compliance and IT

Support - Applicant Intake System; Applicant

Tracking System; Automated Staffing System;

Systems Maintenance Administration.

Month $

Operational Management - Reporting, Records

Management, Program Management, Quality Control, Special Handling and Overall Hiring Support

Month $

STAND-ALONE REQUIREMENTS

4009 Business Process Reengineering (BPR) Plan Each*** $

4010 Outgoing Transition Lot $

Option Period 5: 6-Months

HIRING REQUIREMENTS

Field Management and Administrative Professional

(MAP) Hiring Per Hire* $

5002 Federal Air Marshal (FAM) Hiring Per Hire* $

5003 Transportation Security Officer (TSO) Hiring

5003AA Open/Close Job Opportunity Announcement (JOA) Each $

5003AB Airport Assessment Support Hour $

5003AC Medical Evaluation Each $

5003AD Mobile Medical and Drug Testing Evaluation Unit Each $

5003AE Background Investigation Each $

5003AF Certification Each $

RECURRING REQUIREMENTS

5004 Recruitment Management Team Support Services Month $

Advertisement, Marketing, Travel and other Direct

Costs (ODCs)

NTE** $

Customer Service Center Support - Service Request

Ticket Resolution, Assisting Candidates with

Scheduling (from both inbound and outbound contacts)

Month $

IT Security Authorization and Compliance and IT

Support - Applicant Intake System; Applicant

Tracking System; Automated Staffing System;

Systems Maintenance Administration.

Month $

Operational Management - Reporting, Records

Management, Program Management, Quality Control, Special Handling and Overall Hiring Support

Month $

STAND-ALONE REQUIREMENTS

5009 Business Process Reengineering (BPR) Plan Each*** $

5010 Outgoing Transition Lot $

1.2 Anticipated Period of Performance

Total 5 Year Period of Performance

Performance Period Begin End Time

Base Period 8/31/2016 2/28/2017 6-Months

Option Period 1 3/1/2017 2/28/2018 12-Months

Option Period 2 3/1/2018 2/28/2019 12-Months

Option Period 3 3/1/2019 2/29/2020 12-Months

Option Period 4 3/1/2020 2/28/2021 12-Months

Option Period 5 3/1/2021 8/30/2021 6-Months

1.3 GENERAL INFORMATION

For this procurement, the standard industrial classification (NAICS) code is 541612 “Human Resources

Consulting Services.

All contract terms and conditions of the prime contract shall flow down through all subcontracts, and any subcontracting or teaming agreement shall comply with all clauses listed in Section III, pertaining to subcontracting.

1.4 INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) CONTRACT

MINIMUM/MAXIMUM

(a) This is an Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract, as identified under Federal

Acquisition Regulation (FAR) 16.504. The Government anticipates that Task Orders will be issued on a Firm-Fixed Price (FFP) basis and may include a Cost CLIN to support Advertisement, Marketing, Travel, and Other Direct Costs (ODC). No profit shall be applied by the Contractor in support of the Cost CLIN.

(b) The minimum guarantee for the contract will be one million dollars ($1,000,000) over the entire contract term/period.

(c) Specific services and quantities will be ordered and funded through task orders at the prices set forth in section 1.1 above. It is expected that a Task Order will be issued upon award of the IDIQ contract.

(d) A maximum ceiling of two hundred and ninety million dollars ($290,000,000) is established as the cumulative total of all orders issued under the contract.

(Remainder of page intentionally left blank)

SECTION II – STATEMENT OF WORK

2.0 STATEMENT OF WORK – See Attachment I.

SECTION III – CONTRACT ADMINISTRATION DATA

3.0 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: (Will be provided at time of award)

NAME:

PHONE NUMBER:

EMAIL:

(End of clause)

3.1 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.

3.2 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 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) 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 the prior month’s services. The Contractor shall provide an electronic advance copy of each invoice no less than five (5) business days prior to submission to FINCEN to the Contracting Officer Representative (COR) and Contracting Officer (CO).

3.3 CONTRACTOR ACCOUNTABILITY AND VIOLATIONS

The contractor shall be held accountable for performance deficiencies regarding delivery quality and timeliness for all deliverables as described in Attachment I – SOW and outlined in the Deliverables table in Section 12 of the SOW. The Government will monitor performance through random samplings and record all deficiencies within the annual Contractor Performance Assessment Reporting System (CPARS) for the use of determining ratings for the appropriate evaluation areas in the CPARS report.

In addition, the Government desires to have the Contractor strive to achieve certain stated timeliness and quality performance goals. In order to incentivize the Contractor to meet these goals, TSA may provide for an incentive award and/or disincentive fee at TSA discretion only. The particular performance goal and applicable calculation methodology for determining whether such goals has/has not been met will be identified at the Task Order level. If the identified performance goal is achieved, the contractor may be eligible for an incentive, which will be specified in the immediate Task Order. The incentive will be awarded to the contractor via a CLIN established under the Task Order. Conversely, if the identified performance goal is not achieved, the disincentive will be applied as specified in the immediate Task

Order. The incentive award and/or disincentive fee shall not exceed 3% of the invoiced amount.

The contractor may be held monetarily accountable for any Personally Identifiable Information (PII)

Policy violations that occur through the performance of the contract. Upon discovery of any PII violation, the Government, at its sole discretion, may deduct 10% from the total invoiced amount for the month the violation occurred. For example, a PII violation occurs June 2016 and is discovered May 2017. 10% of the total invoiced amount for the work that occurred during June 2016 (the month of the violation) will be deducted from the total invoiced amount for the work that occurred during May 2017 (the month the violation was discovered).

The contractor will be held monetarily accountable for violations concerning the hiring of TSA TSO, FAM and field MAP positions applicable to Federal Laws, Statutes, Executive Orders, Policies and

Regulations. Upon discovery of any stated violations, the Government will deduct 10% from the total invoiced amount for the month the violation occurred. For example, a Federal Law violation occurs June

2016 and is discovered May 2017. 10% of the total invoiced amount for the work that occurred during

June 2016 (the month of the violation) will be deducted from the total invoiced amount for the work that occurred during May 2017 (the month the violation was discovered).

In the event that the contractor has multiple violations (violates PII Policy and Federal Law or multiple

Federal Laws) during a single invoicing period, the Government will deduct a total of 10% from the total invoiced amount for the month the multiple violations occurred. 10% is the maximum deduction for any number of PII Policy or Federal Law violations in one invoicing period.

All of the above will also be used to determine ratings for the appropriate evaluation areas in the contractors CPARS report and any other remedies described in the Warranty of Services clause, as applicable. The decision to hold the Contractor monetarily accountable as per this Section is the sole determination of the Government and is not subject to the Disputes Clause of this Contract.

3.4 TASK ORDER ORDERING PROCEDURES

(a) Only the Contracting Officer may issue Task Orders, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in the performance of Task Orders and modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

(b) Task Orders will include the following information, at a minimum:

1. Date of the order

2. Contract number and order number

3. Appropriation and Accounting Data

4. CLIN(s) & Description of Services to Be Performed

5. Period of performance

6. Price of the order

(c) In accordance with FAR 52.216-22 Indefinite Quantity. any Order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order provided that the Contractor shall not be required to perform or make any deliveries under this contract after 6 months after the end of the effective period of this contract.

SECTION IV – SPECIAL CONTRACT REQUIREMENTS

4.1. 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.

4.2. 5200.204.002 PERSONNEL ACCESS (JUL 2015)

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

4.3. 5200.204.004 REQUIREMENTS AND DUTIES FOR HANDLING SENSITIVE SECURITY

INFORMATION (SSI) (JUL 2015)

Pursuant to 49 U.S.C. § 114(r), Sensitive Security Information and Nondisclosure of Security Activities, Sensitive Security Information (SSI) is a category of sensitive but unclassified (SBU) information that must be protected because it is information that, if publicly released, would be detrimental to the security of transportation. Under 49 Code of Federal Regulations Part 1520.5(a), the SSI Regulation also provides additional reasons for protecting information as SSI beyond the condition that the release of the information would be detrimental to the security of transportation. TSA, however, primarily uses the criterion of “detrimental to the security of transportation” when determining whether information is SSI.

Title 49 of the Code of Federal Regulations, Part 1520 defines the scope, categorization, handling requirements and disposition of information deemed SSI is the 49 C.F.R. Part 1520

(http://ecfr.gpoaccess.gov/). Persons authorized to access specific SSI (i.e., covered persons) include those contracted to DHS or TSA with a need-to-know basis for specific information in the course of fulfilling their TSA contractual obligations. TSA may deliver SSI materials to the Contractor. Also, materials created by the Contractor may require SSI designation and protection, and the Contractor has the responsibility to identify such materials to TSA as possible SSI. For guidance while working on TSA and DHS matters, see the TSA SSI Application Guide, 2011_04_01 for identifying the type of information covered by the regulation.

For purposes of this clause, the term “Contractor” shall include an individual or other legal entity who performs work for or on behalf of TSA or DHS under a contract, interagency agreement, or other transaction agreement. Such contracts include, but are not limited to, contracts between any non-Federal entity and/or TSA or DHS and subcontracts, joint venture agreements, and teaming agreements between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with the TSA or DHS.

While SSI is not classified national security information subject to the handling requirements governing classified information, it is subject to certain legal disclosure limitations. To ensure regulatory compliance, the Contractor shall be subject to the following requirements and include this entire clause as flow-down in subcontracts, etc.:

(a) Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accordance with the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the DHS and TSA policies and procedures for handling and safeguarding SSI. These safeguarding procedures shall include

SSI recognition, identification and marking of materials that possibly contain SSI, including Contractor-created materials, as well as following restrictions on disclosure, storage, handling, sharing, dissemination and destruction of SSI. The Contractor, without exception, shall place this requirement in all subcontracts, joint venture agreements, and teaming agreements related to the performance of this contract.

(b) Non-Disclosure Agreements (NDAs). The Contracting Officer will provide the non-disclosure form (DHS Form 11000-6), as necessary, to the Contractor when circumstances warrant. NDAs are required to be signed by all Contractor personnel when access to SSI is necessary for performance of the contract. By signing the NDA, the recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information.

(c) Request for Access to SSI materials. Pursuant to 49 C.F.R. Part 1520.9(a)(3), the Contractor must contact SSI@tsa.dhs.gov for guidance on handling requests to access to SSI (before using SSI materials) for any other purpose besides activities falling within the scope of the contract by other persons, including requests from experts, consultants, and legal counsel (“requesters”) hired by the

Contractor. The Contractor shall include the Contracting Officer (CO) and Contracting Officer

Representative (COR) as a carbon copy “cc” recipient of its contact to SSI@tsa.dhs.gov . The TSA SSI

Office must first make a determination as to whether the requesters are a “covered person” with a “need to know” under 49 C.F.R. Parts 1520.7 and 1520.11.

(d) Training and Certification. All Contractor personnel who are covered persons with a need-to- know basis must complete the TSA-mandated SSI Awareness Training course prior to accessing SSI, and on an http://ecfr.gpoaccess.gov/ mailto:SSI@tsa.dhs.gov mailto:SSI@tsa.dhs.gov annual basis for the duration of the contract or for the duration of the requester’s need for access to SSI, whichever is later. Contractor personnel must also review and adhere to the SSI Quick Reference Guide for DHS Employees and Contractors. The Contractor shall certify to the Contracting Officer annually that all covered persons have completed the mandated SSI training, that all SSI policies and procedures have been followed, and that those individuals with access understand their responsibilities to protect the information.

(e) Breach. In accordance with 49 C.F.R. Part 1520.9(c), the Contractor agrees that in the event of any actual or suspected breach of SSI (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer and the COR. The Contractor is responsible for positively verifying that notification is received and acknowledged by at least one of the foregoing Government officials.

In the event that an SSI breach occurs as a result of the violation of a term of this contract by the

Contractor or its employees, or the Contractor’s covered persons, the Contractor shall, as directed by the

Contracting Officer and at no cost to the Government, without delay correct or mitigate the violation.

For unauthorized disclosure of SSI, the Contractor and Contractor's employees and Contractor’s covered persons may also be subject to civil penalties and other consequences as set forth in 49 CFR Part 1520.17.

4.4. 5200.209.004 SUITABILITY DETERMINATION FOR CONTRACTOR EMPLOYEES (DEC

2015)

All contractor employees seeking to provide services to TSA under a TSA contract are subject to a suitability 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 Division (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 suitability determination involves the following three phases:

Phase 1: Enter On Duty Suitability 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 will include verification of citizenship for contractor employees born outside of the United States. A favorable Enter On Duty Suitability

Determination is not a final suitability 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 suitable 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.

https://ishare.tsa.dhs.gov/Offices/LawEnforcementFAMS/SecuritySvcAssessments/SSIBranch/Quick%20Reference%20Guides/SSI%20Quick%20Reference%20Guide%20for%20DHS%20Employees%20and%20Contractors.pdf https://ishare.tsa.dhs.gov/Offices/LawEnforcementFAMS/SecuritySvcAssessments/SSIBranch/Quick%20Reference%20Guides/SSI%20Quick%20Reference%20Guide%20for%20DHS%20Employees%20and%20Contractors.pdf

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 suitability 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 Suitability Adjudication: TSA PerSec will complete the final suitability determination after receipt, review, and adjudication of the completed OPM background investigation. The final suitability 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 suitability determination will result in a notification to the

COR that the contractor employee has been deemed unsuitable for continued contract employment and that he/she shall be removed from the TSA contract.

4.5. 5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)

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

4.6. 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.