Combined_Solicitation_Synopsis_HSTS02-15-Q-OIA095A.pdf

Combined Synopsis/ Solicitation

HSTS02-15-Q-OIA095A

FBO Posting: COMBINED SYNOPSIS/SOLICITATION

FBO Title: Worldwide Flight Data

Notice No: HSTS02-15-Q-OIA095A

NAICS: 519190 All Other Information Services

488190 Other Support Activities for Air Transportation

1.0 Introduction

The Office of Intelligence and Analysis (OIA) is the component of the Transportation Security

Administration (TSA) responsible for the development, implementation, operation, and maintenance of a broad range of transportation vetting programs designed to protect the U.S.

transportation system against terrorism. The Transportation Vetting System (TVS) is a mission-critical, National Security system which operates 24 hours per day, 7 days per week.

52.212-1 Instructions to Offerors - Commercial Items (Apr 2014)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, in conjunction with Subpart 13.1, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is HSTS02-15-Q-OIA095A and is issued as a Request for Quote

(RFQ).

(iii) The associated North American Industrial Classification System (NAICS) code for this requirement is either 519190 or 488190. This requirement is being synopsized and qualified vendors may submit quotes.

The Quoter shall provide pricing in accordance with this RFQ and the requirements in Section

2.4.

2.1 Contract Type

This is a Firm-Fixed-Price (FFP) type contract.

2.2 Instructions for Submitting Pricing Proposal/Quote

The Quoter is instructed to submit a table that shows the description, quantity, unit of issue, monthly fixed price and the total price for 12 months for the base and the four (4) one (1) year options.

Any vendor who does not provide pricing for the base and the 4 options will not be considered for evaluation and subsequently for award.

2.3 Submission Instructions and Due Dates

Questions and clarifications must be submitted via email to yague.ngom@tsa.dhs.gov (571-227-

2252) no later than 12:00 PM EST on Wednesday, March 25, 2015.

Electronic quotes must be submitted via email to yague.ngom@tsa.dhs.gov (571-227-2252) no later than 3:00 PM EST on Friday, April 3, 2015. Only email submissions will be considered.

Electronic Submissions:

E-mail submission will be the only acceptable submission format for this requirement. Both

Price and Technical Volumes shall be submitted as part of the same e-mail, but may be contained in separate attachments. The electronic submission shall be in either PDF or a Microsoft Office application format, (i.e., MS Word or Excel). The electronic submission shall not exceed a size limit of 10 megabytes (MB).

All quote submissions must include the following information (preferably to be provided on the quote submission cover letter):

a) Tax Identification Number (TIN)

b) Dun & Bradstreet Number (DUNS)

c) North American Industrial Classification System (NAICS) Code

d) Contact Name

e) Contact Email address

f) Contact telephone and fax number

g) Complete business mailing address

SECTION 2.4: Supplies and Services

Base Year

CLIN Description Quantity Unit Issue Total Firm Fixed-Price 12 Months

0001 Subscription Worldwide

Flight Data 1 Monthly

TOTAL FIRM FIXED PRICE AMOUNT

Option Year 1 mailto:Stephan.Batt@tsa.dhs.gov mailto:yague.ngom@tsa.dhs.gov

10001 Subscription Worldwide

Flight Data 1 Monthly

TOTAL FIRM FIXED PRICE AMOUNT

Option Year 2

CLIN Description Quantity Unit Issue Total Firm Fixed-Price 12 Months

20001 Subscription Worldwide

Flight Data

Option Year 3

30001 Subscription Worldwide

Flight Data

Option Year 4

40001 Subscription Worldwide

Flight Data

SECTION 3- STATEMENT OF WORK

“See Attachment 1”

SECTION 4– PACKAGING AND MARKING

4.1 Commercial Packaging

Preservation packaging and packing shall provide adequate protection against physical damage during shipment for all deliverable items in accordance with standard commercial practices.

The Quoter shall mark each deliverable item with the name of its firm, the TSA Contract

Number, TSA Contracting Officer’s Representative (COR), item identification, quantity of items and notice of partial or final delivery as appropriate.

4.2 Marking of Deliverables

(1) All deliverables submitted to the Contracting Officer and the COR, shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) CLIN number:

(c) Name and address of the consignor;

(d) Name and address of the consignee;

(e) Government bill of lading number covering the shipment (if any); and

(f) Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

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

SECTION 5 – Inspection of Supplies—Fixed-Price (Aug 1996)

(a) Inspection of the supplies for this contract as prescribed by FAR 46.302 will be in accordance with FAR 52.246-2 Inspection of Supplies (AUG 1996) incorporated in reference.

(b) Final acceptance of all deliverables and or services performed as specified under this contract will be made in writing, at destination by the COR.

SECTION 6 – DELIVERIES/PERFORMANCE

6.1 Period of Performance

The base period of performance (POP) will be twelve (12) months after the contract award date.

The POP also will include an additional four (4) one (1) year options that will be exercised at the sole discretion of the Government.

6.2 Place of Performance

Physical delivery of data is not required. TSA will retrieve the data files from the vendor's

Secure File Transfer Protocol (SFTP) site. Contractor will be provided access to the SFTP site and data files must be initially available for download by the date negotiated by the COR and the

Contractor (within 14 days of contract award).

Vendor must notify the COR, immediately once the data files are uploaded on the Secure File

Transfer Protocol (SFTP) along with the instructions on how to retrieve the data.

6.3 Notices to the Government of Delays

In the event the Quoter encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Quoter has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Quoter shall immediately notify the

Contracting Officer and the COR. Such notice shall be in writing, giving pertinent details;

provided, however, that this notice shall be informational only in character and the government’s request for such notice shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

SECTION 7 – CONTRACT ADMINISTRATION DATA

7.1 Accounting and Appropriation Data

CLIN

Requisition No.

Accounting Code

Obligation

Amount

0001 TBD TBD TBD

Total:

7.2 Payment Terms

“SUBMISSION OF INVOICES - Commercial”

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 Quoter invoices. Therefore, all Quoter 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.

Quoters 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 Quoters for ORIGINAL invoice submission only. If facsimile submission is utilized, Quoters shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the Quoter to verify that invoices are received, regardless of the method of submission used. Quoters may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (e) 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 Quoter 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.

d) Payment Status: Quoters 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.

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 be clearly correlate invoiced amounts to the corresponding contract line item number and funding citation.

f) Supplemental Invoice Documentation: Quoters 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 Quoter 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.

mailto:FIN-SMB-TSAInvoices@uscg.mil http://www.fincen.uscg.mil/ https://www.fincen.uscg.mil/ https://www.fincen.uscg.mil/secure/payment.htm

SECTION 8– SPECIAL CONTRACT REQUIREMENTS

8.1 Publicity and Dissemination of Contract Information

Publicity releases or commercial advertising in connection with or referring to this contract or effort shall not be made by the Quoter unless prior written approval has been received from the

Contracting Officer. The Quoter shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting

Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer. A minimum of five full business days’ notice is required for requests made in accordance with this provision.

8.2 Disclosure of Information

Information furnished by the Quoter under this contract may be subject to disclosure under the

Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked.

Any information made available to the Quoter by the Government must be used only for the purpose of carrying out the requirements of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the Quoter assumes responsibility for protection of the

Confidentiality of Government records and information.

8.3 Non-Disclosure Agreements

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

The Contracting Officer will provide the prescribed non-disclosure forms as necessary to the

Quoter when circumstances warrant.

8.4 Advertising of Award

The Quoter shall not refer to contract awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal

Government or is considered by the Government to be superior to other products or services.

8.5 Major Breach of Safety or Security

(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 Quoter 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 Quoter that results in compromise of classified information or sensitive security information or sensitive but unclassified information, including Quoter 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 Quoter shall report the breach to the

Contracting Officer. If directed by the Contracting Officer, the Quoter shall conduct its own investigation and report the results to the Government. The Quoter shall cooperate with the

Government investigation, if conducted.

8.6 Special Contract Security Requirements

(b) Computer Access Agreement. All Quoter employees (users, managers, and operators of the

TSA network) must sign TSA Form 1403, Computer Access Agreement. A copy of which shall be provided to the TSA Contracting Officer’s Representative for retention for the duration of the contract.

8.7 HSAR 3052.209-70 Prohibition on Contracting with Inverted Domestic Corporations

(AUG 2012)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal

Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section

1504 of such Code shall be applied by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership;

and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

(5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection

(b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the

Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The Quoter under this solicitation represents that [Check one]:

_it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through 3009.104–73;

_it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through 3009.104–73, but it has submitted a request for waiver pursuant to 3009.104–74, which has not been denied; or

_it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through 3009.104–73, but it plans to submit a request for waiver pursuant to 3009.104–74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

SECTION 9 - TERMS AND CONDITIONS

The resultant contract shall be subject to the terms and conditions of the following FAR and

DHS/TSA conditions.

The following clauses are incorporated by reference with the same force and effect as if they were given in full text. Also, the full text may be accessed electronically at the following

Internet address: https://www.acquisition.gov/compfar/index.html

Basis of Award:

The Government will award a single firm fixed price contract to the quoter whose quote is deemed to be the Lowest Price Technically Acceptable (LPTA). The Government reserves the right to award without discussions.

Award will not be made to a vendor who is found to be non-responsive. A non-responsive offeror will preclude the quote from being considered from further evaluation.

The Quoter’s technical submission should demonstrate the firm’s capability to perform the requirements outlined in the solicitation.

Volume I

TECHNICAL CAPABILITY

Quoters must have the capability to provide the following in a pipe- delimited text format:

1. Capability to provide Projected Worldwide Scheduled Flights

2. Capability to provide Aircraft data

3. Capability to provide location data

4. Capability to provide Carrier data

5. Capability to provide TSA with access to all data files https://www.acquisition.gov/compfar/index.html

6. Capability to provide samples of the data files in zipped via ftp download. (See Sample in attachment 2).

7. The vendor shall provide TSA with login Credentials and Connection details for the purpose of downloading samples

Please see Attachment 2 on how data shall be structured.

Volume II

PAST PERFORMANCE

The Government will assess the relevance and quality of the Quoter’s recent past performance on similar type of work. The Government will evaluate the quality of the Quoter’s past performance based on the past performance references provided in the Quoter's submission and/or other information obtained from references provided by the Quoter, as well as other relevant past performance information obtained from other sources known to the Government. The

Government reserves the right to perform customer surveys only for those contracts which are deemed by the Government to be most relevant to this procurement. A Quoter without a record of past performance or for whom information on relevant past performance is not available will be evaluated as neutral.

The Government will evaluate relevant past performance of each Quoter. The Quoter shall identify three (3) contracts/task orders with the Federal Government that demonstrate recent and relevant past performance. Recent is defined as within the last three (3) years. Relevant is defined as work similar in complexity and magnitude to the work identified in the SOW.

Volume III

PRICE

In performing the cost/price analysis, the Government may use supporting data provided with each quote, past procurement history, current market conditions, or any other relevant factors, including those which have been revealed by the competition received. The Government will use a price evaluation methodology to calculate and evaluate the Total Evaluated Price for each

Quote. If deemed necessary, the Government may perform additional price analysis techniques.

The Government shall evaluate the Quoter’s proposed pricing to determine whether they reflect a clear understanding of the requirements and are consistent with the unique methods of performance and materials described in the Quoter’s technical quote. The Government will assess the fairness and reasonableness of the Total Evaluated Price for each Quote. Since adequate price competition is anticipated, the price analysis will consist of a comparison of quotes received in the response to this RFQ. If deemed necessary, the Government may perform additional price analysis techniques.

PAGE LIMITATIONS:

Page Limitations

Page limitations shall be treated as maximums and is inclusive of the table of contents, executive

Summary, charts, graph tables, figures, and acronym lists. If exceeded, the excess pages will not be read or considered in the evaluation of the quotes and will be returned to the Quoter as soon as practicable. When both sides of a sheet display printed material, it shall be counted as 2 pages.

Volume Title Page Limit

I

II

III

Technical Capability

Past Performance

Price

8 pages of font size 12, single spaced

3 pages of font size 12, single spaced

8 page

No page limit

52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2015)

Representations and Certifications are hereby incorporated by reference and will be added via https://www.sam.gov. Quoter is instructed to register with the System of Award Management

(SAM) in accordance with FAR 52.204-7 System for Award Management (Jul 2013).

52.212-4 Contract Terms and Conditions-Commercial Items (Dec 2014)

The following clauses are incorporated by reference/or full text with the same force and effect as if they were given in full text.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.204-7 System for Award Management (Jul 2013)

52.204-13 System for Award Management Maintenance (Jul 2013)

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.232-1 Payments (APR 1984)

52.232-25 Prompt Payment (JUL 2013)

52.233-2 Service of Protest (SEP 2006)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.243-1 Changes-Fixed Price (Aug 1987)

52.249-2 Termination of Convenience for the Government (Services) (Short Form)

(APR 2012)

52. 249-8 Default (Fixed-Price Supply and Services) (APR 1984)

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

Executive Orders-Commercial Items (Mar 2015)

The following clauses are incorporated by full text:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul

2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

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

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

Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

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

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

__ (10) [Reserved].

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

U.S.C. 657a).

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

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

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

(3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

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

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

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

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

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

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

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

793).

__X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

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

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

E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

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

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

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

8259b).

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

2014) (E.O.s 13423 and 13514).

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

X(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

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

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

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

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

Department of the Treasury).

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

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

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

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

5150).

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

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

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

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

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

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

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

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

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

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

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

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

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

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

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

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

__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (2) 52.22-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

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

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

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

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

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

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

__ (7) 52.222-17, Non displacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order

13658).

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

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

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

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

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

52.222-40.

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

(x)

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

13627).

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

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

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

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

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

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

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

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

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

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

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

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

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

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

(d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order

13658).

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

(End of clause)

52.217-5 Evaluation of Options (JUL 1990)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the

Government to exercise the option(s).

52.217-8 Option to Extend Services (NOV 1999)

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

Contracting Officer may exercise the option by written notice to the Offeror within 30 days before expiration.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of clause)

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.

(c) The contractor agrees:

(1) to notify the Contracting Officer, simultaneously with its notification to SBA (as required by

SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership or control.

(2) to adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting.

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, 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. All 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 standards have been identified:36 CFR 1194.21 – Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed 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. 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 .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 1194.2(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 that meets 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 approval from the DHS Office on Accessible Systems and Technology (OAST) in accordance with DHS

MD 4010.2.

36 CFR 1194.3(b) – Incidental to Contract, all EIT that is exclusively owned and used by the

Offeror 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 Offerors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

SECURITY OF SYSTEMS HANDLING PERSONALLY IDENTIFIABLE

INFORMATION AND PRIVACY INCIDENT REPONSE

(a) Definitions.

“Breach” (may be used interchangeably with “Privacy Incident’) as used in this clause means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, in usable form whether physical or electronic.

“Personally Identifiable Information (PII)” as used in this clause means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States.

Examples of PII include: name, date of birth, mailing address, telephone number, Social

Security Number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), Internet protocol addresses, biometric identifiers (e.g., fingerprints), photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Personally Identifiable Information (Sensitive PII)” as used in this clause is a subset of Personally Identifiable Information, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.