BPA_Terms_and_Conditions_for_Trained_Canines_-_Final.docx

HSTS02-16-Q-TWE401

BLANKET PURCHASE AGREEMENT

SPECIALIZED PASSENGER SCREENING CANINES

Table of Contents

SECTION I: DESCRIPTION OF AGREEMENT

Under this firm fixed price Blanket Purchase Agreement (BPA), the vendor shall provide the Transportation Security Administration (TSA) Canine Training Center (CTC) with fully trained conventional Explosives Detection Canines (EDCs) with advanced passenger screening capabilities (hereafter referred to as “Specialized Passenger Screening Canines (PSCs)”) 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 Specialized PSCs. Over the next five years a total approximate quantity of 240 Specialized PSCs may be ordered. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

All BPA Calls will require the vendor to deliver Specialized PSCs to the CTC.

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

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

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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. EDCs 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 Office of Training and Workforce Engagement (OTWE)/CTC in conjunction with the NEDCTP requires a vendor to provide Specialized PSCs.

2. Scope:

This requirement calls for delivery of Specialized PSCs. The canines shall be sporting breeds only, preferably Labrador Retrievers and Viszlas (See Section II, E: Special Requirements, below, for additional information, trained to CTC validation levels (discussed in the ensuing SOW sections).

B. Technical Requirements:

1. Initial Technical Assessment

Specialized PSCs shall be initially assessed in conventional EDC and PSC capabilities after a one-day acclimation period at the CTC, Lackland, JBSA. The assessment may last up to five working days.

1.1 Assessment for Explosive Detection

Specialized PSCs shall demonstrate the ability to detect, locate, and independently respond to explosives training aids in the following areas:

· Airport Terminals, both secure and unsecured side.

· Aircraft, no smaller than a 737

· Vehicles

· Baggage

· Freight

· Cargo

· Break Bulk Boxes

· Pallets (Skids)

· Unit Load Device (Cookie Sheet)

· Mail Carts

At least one search scenario mentioned in the above areas will require the Specialized PSC to search for at least 15-20 minutes without a break in EDC. For the explosive detection task, the Specialized PSC shall independently indicate the presence of the explosives training aid using a passive response “sit.” A stop and stare is considered unacceptable.

1.1.1 Assessment Method for Explosive Detection

In order to pass the assessment, the Specialized PSC shall display vigorous and independent olfactory search behavior, clear recognition of explosives odor accompanied by distinct changes of behavior recognizable to the novice handler/student, accurate and skilled localization of explosives odor source without handler assistance, withholding of final response until localization, prompt and reliable (3 to 5 seconds) final response once at source, and a clean reward release procedure.

For EDC purposes, the Specialized PSC shall demonstrate the ability to detect and localize Canine Explosive Training Aids (CETAs) to the locational standards discussed in the training venues area. The CETAs may be placed for the assessment anywhere throughout the various training venues listed in 1.1, not to exceed 8 feet high or 3 feet deep. There will be no more than four CETAs in any one venue. The CETAs used for the assessment may weigh less than .033 pounds to more than 5 pounds.

a. Airport Terminals – Specialized PSCs must be trained to search the equivalent of a 9,000 to 13,450 sq. ft. building consisting of at least five to seven gate configurations similar to what is found in the secure area of a terminal. The gates must include ticket counters, seats (comparable to normal types and amounts found per gate in a Cat X airport), multiple airport fixtures, and objects (including, but not limited to; trash receptacles, kiosks, trees/plants (artificial and/or live), and ticket collection counters). There must be at least one restroom similar to what is found in an airport; which may be non-operational.

b. Aircraft – Specialized PSCs must be trained to search a narrowbody aircraft (widebody aircraft can be substituted) no smaller than a 707. All seats, overhead bins, cabinets, and lavatories must be fully attached and in normal condition. Cabinets doors and overhead bins must be operational (open and close properly); whereas, the lavatories do not need to be functional, but representative of a typical lavatory in an operational aircraft.

c. Vehicles – Specialized PSCs must be trained to search 30 vehicles with access to the interiors. The canines’ search behavior should have the canines’ head turned towards the current vehicle and the nose actively searching the current vehicle. Canines should not be jumping on the vehicles. Vehicles must not be wrecked and all windows cannot be rolled down or broken.

d. Baggage – Specialized PSCs must be trained to search 40 bags, filled (at least half) with clothing and miscellaneous items consistent with what would be in passengers’ packed baggage at airport locations. The bags must be placed in two rows in a combination of standing (no more than 5 grouped together, adjacent to each other) and lying flat; one row of standing bags and one row of flat bags. The bags cannot be backpacks, garment bags, duffle bags, briefcases, or gym bags. The bags must be no smaller than the maximum size fitting into the size measurer at the ticket counter at the airport.

e. Freight/Cargo – Specialized PSCs must be trained to search the equivalent of a 9,000 sq. ft. freight building. It must include racks and bins; as well as, cargo configurations consisting of major airlines’ transportation equipment used to transport cargo, baggage, and mail from the cargo facility to the aircraft. Additionally, the configurations must consist of a variety of unit load devices; such as, cookie sheets and silver metal pods used to ship pallets and boxes on aircraft. For PSC purposes, at least one search scenario mentioned in 1.1 will require the PSC to search for at least 15-20 minutes without a break in EDC.

The following schedule will be followed after the one-day acclimation period. A CTC based Training Instructor will handle the canine and a Supervisor or designee will act as evaluator. The vendor will be allowed to observe the assessment, but the vendor will not have any undue influence or interfere with the process in any manner.

a. Day 1 – Vehicles and Aircraft

b. Day 2 – Cargo and Bags

c. Day 3 – Airport Terminal

1.2. Assessment for Explosives Detection around moving or still persons\objects:

Specialized PSCs shall be capable of processing air currents and recognizing explosives odors around moving or still persons/objects and localizing those explosives odors in the following areas:

· Active Airport Security Checkpoint Configurations with people present (Managed Inclusion (MI))

· Area Sweeps of Secured-side Terminal Configurations with people present

1.2.1 Assessment Method for Explosives Detection around moving or still persons/objects:

PSC capabilities will be assessed in a traditional transportation environment listed in 1.1 and based on the canine’s ability to detect explosives odors from the TSA explosives kit on\or around moving persons\objects or crowds.

In order to pass the assessment, the Specialized PSC shall display vigorous and independent olfactory search behavior, clear recognition of explosives odor accompanied by distinct changes of behavior readable to a novice student, accurate and skilled localization of explosives odor source without handler assistance on a moving or still person (decoy). If the decoy is moving in an MI queue, the canine must follow the decoy for 10 to 15 feet without encouragement or involvement from the handler, prompt and reliable follow or final response once at source, and a clean reward release procedure.

The Specialized PSC shall demonstrate the ability to detect and localize explosives training aids in the below areas.

a. MI – Specialized PSC must be trained to search the equivalent of 10 to 15 minutes with a steady flow of passengers moving through a queue line at 3 to 5 seconds between role players or passengers. The placement of the CETA will be from 0 to 6 feet in height and up to 2 feet in depth. The same requirements for CETA weights will be required for PSC as with EDC.

b. Area Sweeps of Secured-side Terminals – Specialized PSC must be trained to search the equivalent of a 9,000 to 13,450 sq. ft. building consisting of at least five to seven gate configurations similar to what is found in the secure side of a terminal. The gates must include ticket counters, seats (comparable to normal types and amounts found per gate in a Cat X airport, largest of the nations’ airports), multiple airport fixtures, and objects (including but not limited to trash receptacles, kiosks, trees/plants (artificial and/or live) and ticket collection counters. At least 30 role players or passengers must be spaced out throughout the facility. The placement of the CETA will be on or with a static role player that can be located anywhere in the search environment. The role player may be standing or sitting with a carry-on or pull behind bag.

The following schedule will be followed after the one-day acclimation period and the Explosive Detection validation has been completed. A CTC based Training Instructor will handle the canine and a Supervisor or designee will act as evaluator. The vendor will be allowed to observe the assessment, but the vendor will not have any undue influence or interfere with the assessment process in any manner.

a. Day 3 (cont.) – and Airport Security Checkpoints

b. Day 4 – MI and Reassessment

For a canine to be accepted, the canine must pass both EDC and PSC with no more than one CETA missed throughout the entire assessment. The canine can be reassessed in one EDC area and one PSC area. The canine must have less than seven non-productive responses (NPRs) (a final response where no CETA is planted within a reasonable distance) throughout both the EDC and PSC assessment. The canine cannot have more than two NPRs in any one search area. There may only be one area reassessed. The reassessment must only be done if the results could end in a validation and procurement of the canine. During the reassessment, the same CETAs will be placed in the reassessment area as were placed in the primary search area. After completion of the reassessment, no additional testing will be conducted. All CETAs will be placed in one of the primary search areas (EDC or PSC).

2. Provide a Specialized PSC with no Environmental Deficiencies

During the one day of acclimation and throughout the assessment process, the Specialized PSC shall be observed to ensure the canine does not have environmental deficiencies. A Specialized PSC shall be capable of displaying a strong ability to adjust to various environments, tight spaces, floor surfaces, odors, noises, stairs, vibrations, and movements while maintaining the ability to actively search in the following areas:

· Airport Terminals

· Aircraft

· Vehicles

· Baggage

· Freight \Cargo

· Break Bulk Boxes

· Pallets (Skids)

· Unit Load Device (Cookie Sheet)

· Mail Carts

· Airport Security Checkpoint Configurations (MI)

· Area Sweeps of Secured-side Terminal Configurations

2.1 Assessment Method for Environmental Deficiencies

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

During the acclimation period, the Specialized PSC may display adjustment behaviors. By the end of the assessment, the Specialized PSC must display in a manner consistent with fearlessness and soundness of mind and body. Any Specialized PSC showing signs of fear, shyness, retreating/fleeing behaviors, noise sensitivity, or refusal to negotiate objects will be considered unacceptable.

3. Provide a Specialized PSC with no Sociability Issues

During the one day of acclimation and throughout the assessment process, the Specialized PSC shall be observed to ensure the canine does not have sociability issues. The Specialized PSC shall be capable of searching amongst 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 Assessment Method Sociability

The Specialized PSC 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 Specialized PSC’s sociability. The Specialized PSC shall not display rude behaviors such as climbing on people or pressing people to interact with the specialized PSC. A Specialized PSC displaying over-socialization or submissiveness around people or other canines will be deemed unacceptable.

During the acclimation period or assessment process, any Specialized PSC displaying aggression towards the handler, people, other canines, equipment, reward/release process, kenneling, or being placed in a trailer, will be deemed unacceptable. The Specialized PSC shall be able to search on a choke chain, collar, or martingale collar without displaying any aggressive tendencies. The Specialized PSC shall also accept a harness and muzzle without displaying any aggressive tendencies.

The Specialized PSC shall accept standard detection canine 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. Specialized PSCs shall not be accepted on a food reward. The Specialized PSC shall have a clearly defined reward release and all commands must be in English.

C. Training

1. Specialized PSC Training Records

All Specialized PSC’s training records shall be reviewed by CTC prior to the Specialized PSC being delivered. The vendor’s training records must reflect that the canine has met the requirements stated previously in regards to areas, heights, depths, and CETA placements.

1.1 Assessment Method for Specialized PSC Training Records

All Specialized PSC training records shall be reviewed to ensure all the explosives odors and areas have met the requirements under SOW sections B.1.1 and 1.2 prior to being accepted for transport to CTC for assessment. Any Specialized PSCs having insufficient records will not be reviewed during the Assessment Process.

2. Specialized PSC's Local Training

The COR and CTC representative may travel to the vendor’s training facility to view the facilities and areas for verification of facilities and view the vendor’s training plan as it is implemented in the training areas.

2.1 Assessment Method for Specialized PSCs Local Training

The COR and CTC representative may travel to the vendor’s training facility to view the facilities and areas for compliance with the training areas described in Task B1.1 and Task B1.2; as well as, reviewing the vendor’s training plan as it is being implemented by the vendor.

D. Medical Assessment and Records

1. Vendor provided Specialized PSCs 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 Specialized PSC has a pre-existing medical problem, chronic disease, or heredity deficiency that would render the Specialized PSC unacceptable to work (as determined by the Medical Requirements seen in Attachment 1), TSA requires the vendor to retrieve the Specialized PSC within seven (7) days of written notification by the CO or the COR and replace the Specialized PSC within thirty (30) days. Both the retrieval and the replacement shall be done at no expense to the Government. The replacement Specialized PSC 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 Specialized PSCs, the vendor must supply current vaccination records, current health certificate, and current x-rays for each canine to CTC.

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

E. Deliverables:

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

Microsoft Word or Microsoft Excel 10 business days before Delivery of PSCs to CTC – Delivered to COR

Microsoft Word 15 business days after award of Contract – Delivered to COR

Current health certificate Current x-rays/radiograph record 20 business days before Delivery of canine – Delivered to COR

F. 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 and after the canine has been accepted by CTC.

7. 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. However, canines may be returned to the CTC one time for a second complete evaluation after correction of deficiencies identified during the original evaluation. The second complete evaluation must commence within fifteen (15) days after conclusion of the original evaluation. 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.

8. 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.

9. Post Award Changes: All standards and requirements that the specialized PSCs have to meet, as outlined in this SOW, may change at any given time due to the dynamic environment that the TSA and its specialized PSCs operate in. Contract changes, for example, may be necessitated in response to new and emerging threats to our transportation systems. As a result the vendor(s) shall be flexible in its training curriculum in order to provide specialized PSCs that can meet the new performance requirements and/or threat detection standards that may arise during the period of performance of this BPA. Contract changes may necessitate an increase to the price per canine identified in Section I.

G. 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 or retrieval 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 the threshold for commercial items established under FAR Subpart 13.5.

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. All canines will be housed by CTC, JBSA Lackland during the assessment process. 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. This area is for the CO to document how often the contractor is allowed to submit invoices. An example is” Invoices shall be submitted on a monthly basis in accordance with the schedule.”

(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.5200.204.004 REQUIREMENTS AND DUTIES FOR HANDLING SENSITIVE SECURITY INFORMATION (SSI) (JUL 2015)

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

Title 49 of the Code of Federal Regulations, Part 1520 defines the scope, categorization, handling requirements and disposition of information deemed SSI is the 49 C.F.R. Part 1520 (http://ecfr.gpoaccess.gov/). Persons authorized to access specific SSI (i.e., covered persons) include those contracted to DHS or TSA with a need-to-know basis for specific information in the course of fulfilling their TSA contractual obligations. TSA may deliver SSI materials to the Contractor. Also, materials created by the Contractor may require SSI designation and protection, and the Contractor has the responsibility to identify such materials to TSA as possible SSI. For guidance while working on TSA and DHS matters, see the TSA SSI Application Guide, 2011_04_01 for identifying the type of information covered by the regulation.

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

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

(a) Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accordance with the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the DHS and TSA policies and procedures for handling and safeguarding SSI. These safeguarding procedures shall include SSI recognition, identification and marking of materials that possibly contain SSI, including Contractor-created materials, as well as following restrictions on disclosure, storage, handling, sharing, dissemination and destruction of SSI. The Contractor, without exception, shall place this requirement in all subcontracts, joint venture agreements, and teaming agreements related to the performance of this contract.

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

(c) Request for Access to SSI materials. Pursuant to 49 C.F.R. Part 1520.9(a)(3), the Contractor must contact SSI@tsa.dhs.gov for guidance on handling requests to access to SSI (before using SSI materials) for any other purpose besides activities falling within the scope of the contract by other persons, including requests from experts, consultants, and legal counsel (“requesters”) hired by the Contractor. The Contractor shall include the Contracting Officer (CO) and Contracting Officer Representative (COR) as a carbon copy “cc” recipient of its contact to SSI@tsa.dhs.gov . The TSA SSI Office must first make a determination as to whether the requesters are a “covered person” with a “need to know” under 49 C.F.R. Parts 1520.7 and 1520.11.

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

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

In the event that an SSI breach occurs as a result of the violation of a term of this contract by the Contractor or its employees, or the Contractor’s covered persons, the Contractor shall, as directed by the Contracting Officer and at no cost to the Government, without delay correct or mitigate the violation.

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

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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.

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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.

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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.

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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 offeror 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”.

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SECTION VI: FAR CLAUSES