BPA_Terms_and_Conditions_for_Untrained_Canines_-_Final.docx

HSTS02-15-Q-TWE503

BLANKET PURCHASE AGREEMENT

UNSPECIALIZED PASSENGER SCREENING CAPABLE CANINES

SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SET ASIDE

Table of Contents

SECTION 1: DESCRIPTION OF AGREEMENT

Under this firm fixed price Blanket Purchase Agreement (BPA), the supplier shall provide the Transportation Security Administration (TSA) Canine Training Center (CTC) canines with the potential to be trained as Passenger Screening Canines (PSCs) and possessing the capability to detect person borne improvised explosive devices, if and when ordered by a TSA Warranted Contracting Officer. All Contract Line Item Numbers (CLINs) will be activated by means of BPA Calls (or Orders).

Each BPA Call will specify the specific quantities of unspecialized passenger screening capable canines. Over the next five years a total not to exceed quantity of 200 canines may be ordered. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

All BPA Calls will require shipment to the CTC.

The TSA is exempt from sales tax. TSA’s FEIN# 80-0038533.

The contractor shall provide the following unspecialized passenger screening capable canines in accordance with the Statement of Work provided in Section 3 below. All Calls resulting from this BPA will be firm fixed price.

TBD

TBD

TBD

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TBD

TBD

TBD

TBD

TBD

SECTION II: STATEMENT OF WORK

A. Background

The National Explosives Detection Canine Team Program (NEDCTP) exists to deter and detect the introduction of explosive devices into the transportation system. Explosives Detection Canines (EDC) and PSCs are a proven reliable resource to detect explosives and are a key component in a balanced counter-sabotage program. The use of highly trained PSC Teams is also a proven deterrent to terrorism directed towards transportation systems and provides a timely and mobile response support to facilities, rail stations, airports, passenger terminals, seaports, surface carriers, and persons in those transportation systems.

1. Purpose

The TSA CTC in conjunction with the NEDCTP requires a vendor to provide canines with the potential to be trained as PSCs and possessing the capability to detect person borne improvised explosive devices.

2. Scope

This requirement calls for delivery of unspecialized passenger screening capable canines (hereafter “canines”). The canines shall be sporting breeds only, preferably Labrador Retrievers and Viszlas – (See Section II, E: Special Requirements, below, for additional information) capable of showing a strong sense of independence, high work ethic, increased drive and stable social temperament, environmental soundness, and the ability to work among people without over-socialization, aggressive tendencies, or rude behaviors.

B. Technical Requirements

1. Initial Technical Assessment

Canines shall be initially assessed by CTC personnel after a one-day acclimation period at the CTC, Joint Base San Antonio (JBSA) - Lackland. The assessment may last up to five working days. The canines must not have been exposed or trained to detect any odor or objects. Each canine will be assessed to determine if the canine exhibits pronounced interest in looking at, pursuing, biting, and holding a reward. The canine must demonstrate pronounced independent olfactory search behavior and the ability to localize reward objects in open areas and indoor environments.

1.1: Canine Assessment Method and Acceptance Criteria:

In order to pass the assessment, the canine will display vigorous and independent olfactory search behavior and clear ability to actively search without handler involvement for a pre-determined reward. The canine must actively search for the canine’s primary reward inside and outside of various search areas at CTC while on leash. The search behavior should be independent of the training instructor.

The assessment shall consist of the following tests:

1.1.1 Static Test

The canine will be required to do a Static test. The canine will be held by a flat collar and the evaluator will show the canine a reward object, entice the canine with the reward, and place it on the ground approximately 10 feet from the canine. The evaluator watches the canine for distractive behaviors. The test is designed to assess the canine’s static value for the reward. Reward interest is evaluated by how distracted the canine becomes while staring at the reward and if the canine attempts to bark, pull, or struggle to get to the reward. The canine shall want the reward and not get overly focused on outside items or the environment. The focus shall remain on the reward.

1.1.2. Ability to Pursue and Pick up Reward Object

Once the static object test is completed, the evaluator will assess the canine’s ability to pursue and pick up a reward object. The evaluator will throw the reward approximately 5 to 10 meters. The canine is allowed to pursue and pick up the reward. Reward interest is evaluated by speed and eagerness to retrieve and pick up the reward. The canine shall immediately chase the reward and not delay retrieval.

1.1.3. Ability to Search Independently of the Training Instructor

This test must be conducted in a fenced in area or on a long leash. The evaluator will test the canine’s ability to search independently of the training instructor. The evaluator will throw a reward 10 to 20 meters. The handler will make the canine walk in several circles. The canine is then released to actively work the environment in search of the reward. The canine is evaluated for active search behavior and intense sniffing ability. Odor localization aptitude and odor responsiveness are evaluated in how the canine provides a change of behavior to the reward and bracketing upwind to source. If the canine locates source quickly, this test can be repeated to determine the canine’s ability to continue searching when the reward is thrown so it is not as easily detected. The canine shall continue searching independently for at least 90 seconds.

1.1.4. Reward Interest

During 1.1.1 through 1.1.3, the evaluator will have the training instructor allow the canine to interact with the reward for 15 to 30 seconds. The evaluator will determine how much possession the canine has with the reward, allowing for breed specific behaviors. Reward interest is evaluated on how well the canine concentrates on the reward, how the canine possesses the reward, and the canine’s mental possession (canine wanting the reward when it is not attainable) of the reward. During the entire 15 to 30 seconds, the canine shall remain engaged with the reward and not become distracted by outside influences, including persons or environment.

1.1.5. Reward Retention

After viewing the canine’s independent reward interest, the evaluator will have the training instructor attempt to take the reward away from the canine. Again, breed specific behavior prevails and some canines may have a softer mouth, while others will enjoy the interaction more. As the training instructor is attempting to take the reward away from the canine, the evaluator will determine how intensely the canine wants to maintain the reward. The canine (breed specific behaviors) must make every attempt to maintain the reward, without displaying aggressive tendencies. The canine cannot release the reward and lose interest or become more interested in the person or the environment than maintaining the reward.

1.1.6. Search for Reward with Canine Watching

After conducting the search behaviors outside, the canine is brought indoors to determine how well the canine will actively search for the reward. With the canine watching, the reward is hidden inside of an object and the training instructor should encourage the canine to actively work independently around the room. The canine shall demonstrate active sniffing behavior and a desire to work without handler involvement. The canine shall be able to localize source. The canine is rewarded for change of behavior after sniff.

1.1.7. Search for Reward without Canine Watching

Once the canine has demonstrated the ability to search indoors, the evaluator should hide the reward without the canine visually observing the process. The canine shall demonstrate the same intensity as in the last trial and continue working until the canine has localized source. The canine is rewarded for change of behavior after sniff. The canine shall have the physical stamina to go through a minimum of four rooms with at least two blank rooms. The canine shall be actively engaged in the search and show no signs of being stressed.

2. Provide a Canine with no Environmental Deficiencies

During the one day of acclimation and throughout the assessment process, the untrained canine will be observed to ensure the canine does not have environmental deficiencies or sociability issues. An untrained canine shall be capable of displaying a strong ability to adjust to various environments identified below, tight spaces, surfaces, odors, noises, stairs, vibrations, and movements, while maintaining the ability to actively search in the following areas:

· Airport Environment

· Aircraft (no smaller than 707)

· Vehicles

· Baggage

· Freight

· Cargo

· Break Bulk Boxes

· Pallets (Skids)

· Unit Load Device (Cookie Sheet)

· Mail Carts

2.1: Canine Assessment Method for Environmental Deficiencies

The untrained canine will be exposed to the training venues at CTC, as well as, stairs and an elevator. The assessment will begin by exposing the untrained canine to the complex environments while on leash. The untrained canine will encounter numerous intense stimuli to assess the canine’s stability and “boldness.” Stimuli will include tight spaces, varying floor surfaces (specifically slick and glossy floors); see through elevated areas, obstacles, stairs, noises, startling objects, vibrations, and movement of objects.

During the acclimation period, the untrained canine may display adjustment behaviors. By the end of the assessment, the canine shall display consistent fearlessness and soundness of mind and body (quick adaptation to the environment and the various stimuli). Any canine showing signs of fear, shyness, retreating behaviors, noise sensitivity, or refusal to negotiate objects, will be considered unacceptable.

3. Provide a Canine with no Sociability Issues

Untrained canines shall be capable of walking among people or animals without displaying:

· Distractive behaviors around people in the area

· Rude or overly submissive behaviors

· Overly social behaviors

· Aggressive tendencies or behaviors

3.1: Canine Assessment Method for Sociability Issues:

The canine will be exposed to people and other canines throughout the acclimation and assessment process. People may attempt to interact with the canine to allow for a determination of the canine’s sociability. The untrained canine shall not display rude behaviors such as climbing on people or pressing people to interact. An untrained canine displaying over socialization or submissiveness around people or other canines, will be deemed unacceptable.

During the acclimation period or assessment process, any canine displaying aggression will be deemed unacceptable. The canine must be able to search on a choke chain, collar, or martingale without displaying any aggressive tendencies. The canine shall also accept a harness and muzzle without displaying any aggressive tendencies.

The canine shall accept standard detection rewards. The preferred reward object is a rubber “Kong.” Other rewards (rubber balls, large and small tennis balls, squeaky toys, or tug toys) may be deemed acceptable. Canines will not be accepted on a food reward. The canine shall not display defensive or overly possessive behaviors when interacting with the reward. Any command the untrained canine is taught must be in English.

C. Medical Assessment

1. Vendor provided canines shall meet all Medical Requirements regarding veterinarian medical standards, as seen in Attachment (1).

2. If within six (6) months of acceptance, it is discovered the canine has a pre-existing medical problem, chronic disease, or heredity deficiency that would render the canine unacceptable to work (as determined by the Medical Requirements seen in Attachment 1), TSA requires the vendor to retrieve the canine within seven (7) days of written notification by the CO or the COR and replace the canine within thirty (30) days. Both the retrieval and the replacement shall be done at no expense to the Government. The replacement canine shall be required to meet all the requirements as outlined in this SOW.

3. At a minimum, at least 20 days prior to delivery of the canines, the vendor must supply current x-rays and bloodwork reports for each canine to CTC.

4. Canine medical records must be signed by a Board-Certified Veterinarian.

D. Deliverables:

The Vendor shall submit all deliverables in accordance with the following table:

· Current vaccination records

· Current health certificate Current x-rays/radiograph

E. Special Requirements

1. Vendor provided canines shall be acceptable sporting breeds (preferred canines are Labrador Retrievers and Vizslas) only. Springer Spaniels, Brittany Spaniels, and Border Collies are not acceptable.

2. Canines shall be between the age of 12 and 36 months at the time of the delivery.

3. Males and females are acceptable. Females must be spayed.

4. Severely overweight or underweight canines will not be accepted.

5. Vendor shall ensure that they possess the appropriate licenses and permits for the handling and transportation of canines

6. Brand Number: The brand number is the number that will be tattooed on the canine after contract award.

7. Documentation – The vendor shall supply current vaccination records, current health certificate, current x-rays, and bloodwork reports for each canine for review prior to acceptance.

8. For canines that do not pass the assessment, TSA requires the vendor to retrieve the canine within seven (7) days of written notification by the CO or the COR and replace the canine within thirty (30) days. Both the retrieval and the replacement shall be done at no expense to the Government. The replacement canine shall be required to meet all the requirements as outlined in this SOW.

9. The vendor shall comply with the United States Department of Agriculture’s (USDA’s) Animal Welfare Act. Facilities using regulated animals for regulated purposes must provide their animals with adequate housing, sanitation, nutrition, water and veterinary care, and they must protect their animals from extreme weather and temperatures.

F. Travel Requirements:

Travel is not anticipated to be required during the performance of this BPA and as such will not be authorized or reimbursed for. Vendor is responsible for any travel costs associated with delivery of untrained canines to the CTC.

SECTION III: ORDERING

1. Ordering shall be accomplished via Purchase Order

Extent of Obligation:

The Government is obligated only to the extent of authorized purchases actually made under the

BPA.

2. Purchase Limitations:

The dollar limitation for each individual order placed under the BPA shall not exceed the following limitations:

· Individual purchases/orders placed by a Warranted Contracting Officer shall not exceed $150,000.00.

3. Delivery

Deliveries must occur within 30 calendar days after receipt of order. The Vendor is responsible for arranging available housing facilities prior to delivering the canines to CTC, JBSA Lackland. Suitable housing facilities will be verified through the CTC COR.

4. Period of Performance

The period of performance is five years beginning on the date of BPA award.

SECTION IV – ATTACHMENTS

SECTION V: TSA CLAUSES

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

The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned:

TSA Contracting Officer:

NAME: Kurt Allen

(End of clause)

G.5200. 242.001 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND TECHNICAL MONITORS (JUL 2015)

1. The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

2. The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.

TSA CORs:

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:

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

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

1. 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.

1. 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:

1. 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.

1. 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.

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

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

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

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

1. 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.

1. (End of clause)

G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015)

“SUBMISSION OF INVOICES”

(a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen).

(b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:

1) Facsimile number is: 757-413-7314

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

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

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

(c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the 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 upon canine delivery and acceptance.

(End of clause)

H.5200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (JUL 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.

(End of clause)

H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)

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

(End of clause)

H.5200.224.001 DISCLOSURE OF INFORMATION (JUL 2015)

Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked.

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

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor’s employees.

(End of clause)

H.5200.224.002 CONTROLLED UNCLASSIFIED INFORMATION DATA PRIVACY AND PROTECTION (JUL 2015)

The Contractor shall be responsible for the security of: i) all data that is generated by the contractor on behalf of the Government ii) Government data transmitted by the contractor, and iii) Government data otherwise stored or processed by the contractor, regardless of who owns or controls the underlying systems while that data is under the contractor’s control. All Government data, including but not limited to Personal Identifiable Information (PII), Sensitive Security Information (SSI), and Sensitive But Unclassified (SBU), and/or Critical Infrastructure Information (CII), shall be protected according to Department of Homeland Security information security policies and mandates.

At the expiration of the contract, the contractor shall return all Government information and IT resources provided to the contractor during the contract.

The contractor must satisfy requirements to work with and safeguard Sensitive Security Information (SSI), and Personally Identifiable Information (PII). All support personnel must understand and rigorously follow all applicable DHS Component Agency’s requirements, policies, and procedures for safeguarding SSI and PII. Contractor personnel will be required to complete online training for SSI, Informational Security and Privacy training, if required by the DHS Component Agency

The Contractor, and those operating on its behalf, shall adhere to the requirements of the non-disclosure agreement unless authorized in writing by the Contracting Officer.

The Government will identify IT systems transmitting unclassified/SSI information that will require protection based on a risk assessment as applicable. If encryption is required, the following methods are acceptable for encrypting sensitive information:

The contractor shall maintain data control according to the applicable DHS Component Agency’s security level of the data. Data separation will include the use of discretionary access control methods, VPN encryption methods, data aggregation controls, data tagging, media marking, backup actions, and data disaster planning and recovery. Contractors handling PII must comply with TSA MD 3700.4 if applicable.

Users of Government IT assets shall adhere to all system security requirements to ensure the confidentiality, integrity, availability, and non-repudiation of information under their control. All users accessing Government IT assets are expected to actively apply the practices specified in the TSA Information Technology Security Policy (ITSP) Handbook, Chapter 3, Section 6, Privacy and Acceptable Use, or similar DHS Component Agency’s guidance or policy.

The contractor shall comply with the all data disposition requirements stated in the applicable DHS Component Agency’s Information Security Policy. For all TSA orders the contractor shall comply with Information Security Policy Handbook Chapter 3, Section 17 Computer Data Storage Disposition, as well as TSA Management Directive 3700.4.

(End of clause)

L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL 2015)

In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the quoter is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Office of Acquisition in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Office of Acquisition, 601 S. 12th Street, Arlington, VA 20598-6025, or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate “APPEAL OF AGENCY PROTEST”.

(End of provision

SECTION VI: FAR CLAUSES

The following clause(s) are incorporated in full text:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAY 2015) Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2015)

(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).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the quoter 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] _x_ (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.

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

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

__ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_x_ (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 Rerepresentation (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 (Apr 2015).

_x_ (28) 52.222-26, Equal Opportunity (Apr 2015) (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).

_x_ (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).

__ (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:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

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

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding…