HSTS03-11-R-CIO556 Amendment 01.pdf

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Contract Line Items, Descriptions, and Ceilings

CLIN SUPPLIES/SERVICES UNIT (U.S.

Dollars)

UNIT PRICE MAX AMOUNT

0001 INFORMATION TECH-

NOLOGY SECURITY SUP-

PORT SERVICES

Ordering Period: 60 months

$190,000,000.00

B.1.1 Contract Minimum/Maximum Quantity and Contract Value

(a) The Government intends to award a single Indefinite Delivery Indefinite Quantity type contract.

(b) The minimum guarantee for the contract will be $5,900,000.

(c) The specific services and quantities will be identified on each Order. Each Order will have its own CLIN structure, based on the requirements in the individual Order

(d) A combined maximum ceiling of $190,000,000.00 is established as the cumulative total of all or-ders for the entire ordering period.

B.2 General

The Contractor shall provide, in accordance with issued Order (also noted herein as Task Orders

[TOs], all management, supervision, labor, facilities, and materials necessary to provide security sup-port services to TSA‘s projects and programs on an Indefinite-Delivery-Indefinite-Quantity (IDIQ) basis. Orders may be issued on a Fixed Price (FP) and/or Time-and-Materials (T&M) basis. Orders will be issued in accordance with the procedures set forth herein.

B.3 Orders

Orders may be placed during the Ordering Period specified in Section B.1. However, there is no re-quirement for the Government to issue any Orders beyond the initial Order provided it exceeds the

Minimum Guarantee and the Government is not required to place future Orders or exercise Options under Orders. This is not a multi-year contract within the meaning of FAR Part 17.1. Orders may be issued with performance periods up to twelve months and may reflect additional option periods. Or-ders may exceed twelve months in duration provided such issuance is consistent with applicable law, regulation and rules applicable to the funds appropriation cited in the Order.

B.4 Contract Pricing

B.4.1 Pricing Rates Applicable to Fixed Price and Time and Materials (T&M) Orders

Orders issued on a FP or T&M basis shall be priced using the labor rates that do not exceed those spe-cified in Section B.5, Pricing Rate Tables. The labor rates reflect the fully-burdened rates (including profit) for each labor category and apply to all direct labor hours.

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(a) Labor. The labor rates in Section B.5 are fully-burdened hourly rates for each skill classifi-cation and apply to all direct labor hours. The fully-burdened labor rates include all direct, indirect, general and administrative costs and profit associated with providing the required skill. The fully-burdened labor rates include all labor and labor-related costs, such as, but not limited to, the following list of representative labor-related costs: salaries, wages, bonuses to include stock bonuses, incentive awards, employee stock options, stock appreciation rights, employee stock ownership plans, employee insurance, fringe benefits, contributions to pension, other post-retirement benefits, annuity, employee incentive compensation plans, incentive pay, shift differentials, overtime, vacation time, sick pay, hol-idays, and all other allowances that should be included in a comprehensive employee compensation plan. All hourly rates are based on a 40-hour work-week and standard work year of 1,920 hours per year.

(1) Government Site Rates. These rates shall be used when contractor personnel are per-forming at Government sites or at other than the Contractor‘s own facility/site. The

Government will provide only office space, furniture, and office equipment and supplies, as specified in the individual Orders.

(2) Contractor Site Rates. These rates shall be used when contractor personnel are perform-ing at the Contractor‘s own facility/site. The Contractor shall furnish all office space, supplies, materials and services required to perform the work. This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software (e.g., word processing, spreadsheets, graphics, etc.), normal copying and reproduction costs.

(3) Other Direct Costs. The Other Direct Costs (ODCs) are for order-related travel. The cost of general-purpose items required for the conduct of the Contractor‘s normal busi-ness operations will not be considered an allowable ODC in the performance of orders under this contract. Profit/fee is unallowable on ODCs. Only travel authorized in writing by the COTR prior to expenditure shall be reimbursed. Travel expenses shall be reim-bursed in accordance with the Federal Travel Regulations.

(4) Program Management Support Costs. Contract-level program management support costs are in-cluded as a percentage of each individual labor category rate, and encompass support for con-tract-level management, reporting requirements and related travel and meeting attendance costs associated with the Contractor‘s program management staff, as it relates to overall management of the contract. As a result, these program management support costs are allocated across all of the task orders issued under this contract. These ―program management‖ support costs are diffe-rentiated from individual task order ―Task Order Manager‖ or ―Project Manager‖ support costs, which are billed as hourly labor rates against individual task orders for direct support to the effort performed under those task orders. This will result in direct billings at the task order level for la-bor hours in the ―Task Order Manager‖ or ―Project Manager‖ categories, to specifically support project management for the task order.

B.4.1.1 Fixed Price Task Orders (TOs)

For FP type TOs, the quantity of each item or labor category ordered will be multiplied against the rate listed in this schedule or as negotiated for the TO, and the cumulative extended total of all items

HSTS03-11-R-CIO556 Page 4 of 95 ordered will define the fixed price of the TO. Travel, if applicable, may be estimated for each TO.

Any total rate negotiated for travel and ODCs will be added to the extended price of all ordered items to arrive at the total fixed price of the TO

B.4.1.2 T&M Task Orders (TOs)

For T&M type TOs, the quantity of hours ordered from each labor category will be specified as deli-verable hours billable at the ceiling rates specified in the Section B.5 Pricing Rate Tables or as nego-tiated, if lower rates are proposed for the TO. ODCs will be estimated for each TO. The cumulative extended total of all labor categories ordered plus ODCs will define the TO ceiling price. The gov-ernment will not reimburse the Contractor for costs incurred beyond the ceiling price, for hours not delivered, for hours delivered but in excess of the quantities ordered for a particular labor category or for ODCs exceeding authorized amounts. For hours ordered but not delivered, the Government may issue a unilateral modification to the order that reduces the price of the order and deobligates funds from the order in proportion to the number of hours ordered but not delivered.

B.4.1.3 Rate Refreshment

(a) The labor rates are fixed for all contract year periods; however, the Contractor may submit a pro-posal reducing the fixed labor rates and escalation rates at any time during the life of this contract. The

Government will review these proposals and determine if the revised rates are realistic and in the best in-terest of the Government. If the rates are accepted, the Government will modify the contract by incorpo-rating the new rates into the Section B.5 Pricing Rate Tables.

B.5 Pricing Rate Tables

The Pricing Rate Tables (next page) provide labor category descriptions and labor rates for perfor-mance of the requirements that will be specified in individual Orders. Fully loaded hourly labor rates are included for each labor category both at the Contractor site and at Government sites. These fully-loaded hourly labor rates are the ceiling rates representing the maximum rates allowable for Prime

Contractors and Subcontractors. Additional labor categories may be proposed as part of the Offeror‘s proposal. Offerors shall explain in their proposal why adding the labor category is in the best interest of the Government. Also, for additional proposed labor categories, Offerors shall describe the mini-mum knowledge, skills, abilities, and experience that the Offeror requires of employees and subcon-tractors.

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B.6 PRICING RATE TABLES

Labor Rates Table (fully burdened rates, including profit)—Government site

Labor Category (LCAT) / Description

FY2011

Hourly

Rate

FY2012

Hourly

Rate

FY2013

Hourly

Rate

FY2014

Hourly

Rate

FY2015

Hourly

Rate

FY2016

Hourly

Rate

Labor Rates Table (fully burdened rates, including profit)—Contractor site

Labor Category (LCAT) / Description

FY2011

Hourly

Rate

FY2012

Hourly

Rate

FY2013

Hourly

Rate

FY2014

Hourly

Rate

FY2015

Hourly

Rate

FY2016

Hourly

Rate

Template Instructions:

For Labor Rates Table, create a row for each proposed labor category. Refer to Attachment D ―TSA Labor Categories‖ for a listing of the minimum categories that shall be addressed in the labor rate table. If the Offeror is proposing LCATs that are in addition to those shown in

Attachment D to this RFP, a new row shall be added to this table to indicate the required information. Use as many rows as necessary; one row for each labor category (LCAT). Enter data as indicated in column heading or cross-reference the proposal page on which the required information may be found.

If the Offeror wishes to use different Labor Categories to meet the requirement of the IDIQ then the Offeror must crosswalk the Offeror‘s

Labor Categories to the Government Proposed Labor Categories in Attachment D. Additionally, the Offeror may propose additional labor categories not listed in Attachment D if deemed necessary to perform the contract. For each additional labor category proposed that is not crosswalked to a labor category in Attachment D, Offerors shall explain in their proposal why adding the labor category is in the best interest of the Government. Also, for additional proposed labor categories, Offerors shall describe the minimum knowledge, skills, abilities, and experience that the Offeror requires of employees and subcontractors. Note that the prices of additional labor categories proposed by the

Offeror that do not crosswalk to a labor category in Attachment D of this RFP will not be evaluated as part of the total evaluated price.

(End of Section B)

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SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. INFORMATION TECHNOLOGY SECURITY SUPPORT SERVICES STATE-

MENT OF WORK

The description of services to be provided under this contract is described in Attachment A, titled ―Statement of Work, Information Technology Security Support Services,‖ version 1.

(End of Section C)

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SECTION D- PACKAGING AND MARKING

D.1 Sensitive Information Packaging and Marking

All items shall be delivered in accordance with Section D of the contract unless otherwise specified in the individual Orders.

Requirements for Marking For Official Use Only (FOUO)

Requirements for marking of information that is classified as For Official Use Only

(FOUO) are located in Department Homeland Security Management Directive 11042 entitled ―Safeguarding Sensitive but Unclassified (For Official Use Only) Information‖ and shall be followed during the performance of all Orders or activities associated with this contract.

Deliverables

All deliverables submitted to the IDIQ Contracting Officer, the IDIQ Program Manager, the IDIQ COTR, the TO Program Manager, the TO Contracting Officer or the TO COTR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) Order number;

(c) Name and address of the consignor;

(d) Name and address of the consignee;

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

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

(g) Specific marking requirements may be addressed in individual TOs.

Receiving Non-DHS and Non-TSA FOUO

When receiving FOUO equivalent information from another government agency, handle in accordance with the guidance provided by the other government agency. Where no guidance is provided, handle in accordance with the requirements of this contract.

D.2 Requirements for Marking Sensitive Security Information (SSI)

The requirements for marking, distribution, and handling Sensitive Security Information

(SSI) are outlined in Department of Homeland Security Management Directive 11056.1 entitled ―Sensitive Security Information.‖ The requirements of this directive shall be fol-lowed during the performance of all Orders or activities associated with this contract.

D.3 Sensitive Information Handling

The Contractor shall protect DHS sensitive information and all Government pro-vided and contractor-owned IT systems used to store or process DHS sensitive in-

HSTS03-11-R-CIO556 Page 8 of 95 formation. The Contractor shall adhere to the following requirements for handling sensitive information:

(a) Media Protection. The Contractor shall ensure that all hardcopy and elec-tronic media (including backup and removable media) that contain DHS sensitive information are appropriately marked and secured when not in use. Any sensitive information stored on media to be surplused, transferred to another individual, or returned to the manufacturer shall be purged from the media before disposal. Dis-posal shall be performed using DHS approved sanitization methods. The Contrac-tor shall establish and implement procedures to ensure sensitive information can-not be accessed or stolen. These procedures shall address the handling and protec-tion of paper and electronic outputs from systems (computers, printers, faxes, copiers) and the transportation and mailing of sensitive media. (See TSA 1400.3, Chapter 3, Section 19 – Information Classification, Control and Disclosure)

(b) Access Control. The Contractor shall control user access to DHS sensitive information based on positive user identification and authentication mechanisms.

Access control measures employed shall provide protection from unauthorized al-teration, loss, unavailability, or disclosure of information. The Contractor shall ensure its personnel are granted the most restrictive set of access privileges needed for performance of authorized tasks. The Contractor shall divide and separate du-ties and responsibilities of critical IT functions to different individuals so that no individual has all necessary authority or systems access privileges needed to dis-rupt or corrupt a critical process. (See TSA 1400.3, Chapter 4, Sections 2 – Net-work Access Control, and 3 – Remote Access)

(c) Auditing. The Contractor shall ensure that its contractor-owned IT systems used to store or process DHS sensitive information maintain an audit trail suffi-cient to reconstruct security relevant events. Audit trails shall include the identity of each person and device accessing or attempting to access the system, the time and date of the access and the log-off time, activities that might modify, bypass, or negate security safeguards, and security-relevant actions associated with processing. The Contractor shall periodically review audit logs and ensure that audit trails are protected from modification, authorized access, or destruction and are retained and regularly backed up. (See TSA 1400.3, Chapter 4, Sections 10 –

Security Audit Trails)

(d) Network Security. The Contractor shall monitor its networks for security events and employ intrusion detection systems capable of detecting inappropriate, incorrect, or malicious activity. Any interconnections between contractor-owned

IT systems that process or store DHS sensitive information and IT systems not controlled by DHS shall be established through controlled interfaces and docu-mented through formal interconnection security agreements. The Contractor shall employ boundary protection devices to enforce access control between networks, including Internet and extranet access. The Contractor shall ensure its email sys-tems are secure, properly configured, and that network protection mechanisms im-plemented. The Contractor shall conduct periodic vulnerability assessments and tests on its IT systems containing DHS sensitive information to identify security

HSTS03-11-R-CIO556 Page 9 of 95 vulnerabilities. (See TSA 1400.3, Chapter 4, Sections 5 – Wide Area Network

(WAN) Security, and 6 – Local Area Network (LAN) Security)

(e) Rules of Behavior. The Contractor shall develop and enforce Rules of Be-havior for contractor-owned IT systems that process or store DHS sensitive infor-mation. (See TSA Management Directive 1400.3, Chapter 3, Section 3 – Privacy and Acceptable Use Agreement)

(f) The Contractor shall adhere to the policy and guidance contained in DHS

MD4300.Pub, Volume II, Part A, IT Security Program Handbook for Sensitive

Systems in the implementation of this clause; as well as the TSA MD 1400.3 Pub

Information Technology Security Manual, in above cited Sections within Chapters

2-4.

(g) All individuals that will have access to SSI under this Contract shall obtain a

Non-Disclosure Agreement from the Contracting Officer.

Sources:

DHS MD4300.Pub, Volume I, Part A, Policy Guide for Sensitive Systems, para

3.2, Contractors and Outsourced Operations (2 nd and 3 rd policy statements)

TSA MD 1400.3 Information Technology Security Manual

D.4 Export-Sensitive Document Marking

The contractor and TSA will each mark export sensitive documents that it discloses to the other party using the following legend:

“This document contains export sensitive information. The recipient of this information is responsible for complying with all export rules of the United States Government prior to releasing or disclosing this information to nonimmigrant aliens.”

D.5 Equipment Removal

All Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contrac-tor‘s expense, within 90 calendar days after order expiration, or as mutually agreed by the

Government and the Contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the TO Contracting Officer. Specific requirements will be ad-dressed in individual Orders.

(End of Section D)

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SECTION E- INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

E.1.1 Clauses Incorporated by Reference (FAR 52.252-2) (Feb 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address:

http://acquisition.gov/far/index.html

FAR

Clause No. Title and Date

52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

52-246-4 Inspection of Services—Fixed Price (AUG 1996)

52.246-6 Inspection of Services – Time and Material or Labor-Hour (May 2001)

52.246-16 Responsibility for Supplies (APR 1984)

E.2 General

E.2.1 Inspection and acceptance of all work and services performed under each TO will be in accordance with the FAR clauses incorporated at Section E, Clauses Incorporated by Reference as applicable.

E.2.2 Final acceptance of all deliverables and or services performed as specified under each Or-der will be made in writing, at destination by the TO COTR or as specified in individual TOs.

E.3 Scope of Inspection

E.3.1 All deliverables will be inspected for content, completeness, and accuracy and confor-mance to order requirements by the TO COTR or as specified in individual Orders. Inspection may include validation of information or software through the use of automated tools and/or test-ing of the deliverables, as specified in the Order. The scope and nature of this testing must be negotiated prior to Task Order award and will be sufficiently comprehensive to ensure the com-pleteness, quality and adequacy of all deliverables.

E.3.2 The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance or rejection unless otherwise specified in the Task Order.

E.4 Basis of Acceptance

E.4.1 The basis for acceptance shall be compliance with the requirements set forth in the state-ment of work, the TO, the Contractor's proposal and other terms and conditions of this contract.

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Deliverable items rejected under any resulting Order shall be corrected in accordance with the applicable clauses.

E.4.2 Commercial and non-developmental hardware items, software items, pre-packaged solu-tions, and maintenance and support solutions will be accepted within thirty (30) calendar days of delivery when performance is in accordance with delivery requirements.

E.4.3 Custom services and cost reimbursable items such as travel and ODCs will be accepted upon receipt of proper documentation as specified in the order. If custom services are provided as part of a FFP TO, acceptance will be as specified for the milestone with which they are asso-ciated. If custom services are for software development, the final acceptance of the software program will occur when all discrepancies, errors or other deficiencies identified in writing by the Government have been resolved, either through documentation updates, program correction, or other mutually agreeable methods.

E.4.4 Reports, documents and narrative type deliverables will be accepted when all discrepan-cies, errors or other deficiencies identified in writing by the Government have been corrected.

E.4.5 Non-conforming products or services will be rejected. Unless otherwise agreed by the par-ties, deficiencies will be corrected within 30 calendar days of the rejection notice. If the defi-ciencies cannot be corrected within 30 days, the Contractor will immediately notify the TO Con-tracting Officer of the reason for the delay and provide a proposed corrective action plan within

10 working days.

E.5 Review of Deliverables

E.5.1 The Government will provide comments and/or change requests, if any, within fifteen (15) calendar days from receipt by the Government of the initial deliverable.

E.5.2 Upon receipt of the Government comments, the Contractor shall have fifteen (15) calendar days to incorporate the Government's comments and/or change requests and to resubmit the deli-verable in its final form.

E.5.3 If written acceptance, comments and/or change requests are not issued by the Government within 30 calendar days of submission, the draft deliverable shall be deemed acceptable as writ-ten and the Contractor may proceed with the submission of the final deliverable product.

E.6 Written Acceptance/Rejection by the Government

E.6.1 The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 calendar days. Absent written notification, final deliverables will be con-strued as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

(End of Section E)

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SECTION F- DELIVERIES OR PERFORMANCE

F.1 Delivery Requirements

All materials ordered under this contract shall be shipped ―F.O.B. Destination‖ or as speci-fied within individual Order(s).

F.2 Delivery Schedules/Deliverables

The Contractor shall deliver all items as specified within individual Orders. Schedules for delivery of items will be identified within each Task Order

F.3 Period of Performance

The Government may place orders for a period of 60 months beginning on the date of the basic IDIQ contract Award.

The period of performance on any Task Order (including options) issued against this IDIQ contract shall not extend past one (1) year beyond the expiration of the IDIQ contract pe-riod of performance.

F.4 Transmittal Letter(s)

A copy of the transmittal letter forwarding deliverables to the specified destinations shall be identified by the specified Contract number and Task Order number.

F.5 Submission of Reports

The following reports are required to be delivered under this contract in accordance with the schedules stated and to the addresses provided for the Contracting Officer and COTR:

None specified

Order-Specific Reports

Specific reports will be identified as required in individual Orders.

F.6 Order Process

The Government will order any supplies and services via Orders.

Orders

Only the Contracting Officer is authorized to issue Orders. The Contractor is hereby no-tified that future Orders may be subject to negotiations and mutual agreement of the par-ties.

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Deliverables

All deliverables will be identified in individual Orders.

Contract Type of Orders

Orders may be firm fixed price or time and materials.

Order Contents

Each Order will contain the following:

The scope and statement of work, meetings, travel and deliverables, as appropriate.

Special reporting requirements

Period of performance

Applicable special provisions

Firm fixed or not-to-exceed (NTE) total price

Acceptance criteria

F.7 Asset Management

All assets in the possession of the Contractor must be maintained in good condition and returned to the Government in the same condition as when issued; while in the Contrac-tor‘s possession, the Contractor shall maintain appropriate accountability of assets.

F.8 Delivery of Data

Data shall be delivered in digital format as specified in Order(s). Data shall be addressed to the designated Contracting Officer‘s Technical Representative (COTR).

(End of Section F)

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SECTION G- CONTRACT ADMINISTRATION DATA

G.1 Accounting and Appropriation Data

Accounting and appropriation data for obligations under this contract will be set forth on individual Orders.

G.2 Authority of Government Contracting Officials

The authority and roles of the Contracting Officer, Contract Specialist, and Contracting

Officer‘s Technical Representative are as follows:

Contracting Officer: Mary F. Hallam, mary.hallam@dhs.gov, 571-227-2998

The Contracting Officer has the overall and primary responsibility for the adminis-tration of this contract. Only the Contracting Officer has authority to enter into, ad-minister, or terminate this contract on behalf of the Government. This includes mod-ifying and deviating from the contract terms, conditions, requirement, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the Government for nonperformance or unsa-tisfactory performance, interpreting the contract, and resolving disputes; and, termi-nating the contract for default or convenience. The Contracting Officer also has au-thority to delegate certain responsibilities to an authorized Government representa-tive.

Contract Requirement Modification

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract. Notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Con-tracting Officer. Any changes made by the contractor at the direction of any person other than the contracting officer will be considered to have been made without au-thority and no adjustment will be made in the order price to cover any increase in cost incurred as a result of the change.

Delegation of Contract Administration Authority

The Contracting Officer may designate, in writing, representatives to perform func-tions required to administer this contract, however, any implied or expressed actions taken by those representatives must be within the limits cited within the Contracting

Officer‘s written designations. If any individual alleges to be a representative of the contracting officer and the contractor has not received a copy of the document desig-nating that representative‘s authority, the contractor shall refrain from acting upon the representative‘s requirements and immediately contact the contracting officer to obtain a copy of the document designating that individual as a representative of the

Contracting Officer.

mailto:mary.hallam@dhs.gov

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Contract Specialist: Kristin S. Fuller, Kristin.fuller@dhs.gov , 571-227-2740

The Contract Specialist will assist the Contracting Officer with the tasks and details associated with the pre-award and post-award phases of the contract. The Contract

Specialist does not have authority to alter the contractor‘s obligations or to change the contract specifications, price, terms, or conditions.

Contracting Officer’s Technical Representative: (To be inserted at time of award)

Contracting Officer’s Technical Representative (COTR): The Contracting Officer will appoint individuals to act as authorized representatives in the monitoring and administration of this contract. This individual is designated in writing as a Con-tracting Officer‘s Technical Representative (COTR), with a copy to the Contractor.

An individual designated as a COTR is authorized to perform the following func-tions and those functions in accordance with COTR appointment letter:

(1) Coordinate the technical aspects of this contract and inspect all required servic-es.

(2) Certify, accept and reject invoices deemed improper for payment for the servic-es and/or supplies rendered and allowed under the terms and conditions of this contract.

(3) Designate various individuals to assist in monitoring the performance of the contract. Such persons are not official COTRs, are NOT authorized representa-tives of the Contracting Officer. The COTR responsibility still remains with the

COTR designated by the Contracting Officer for that given area.

The COTR will represent the Contracting Officer in the administration of technical details within the scope of this contract. The COTR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the order. The COTR is not otherwise authorized to make any repre-sentations or commitments of any kind on behalf of the Contracting Officer or the

Government. The COTR does not have authority to alter the contractor‘s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify contract obligations or the statement of work, changes will be issued in writing and signed by the Contracting Officer.

The Government may change the COTR assignment at any time without prior notice to the contractor. The contractor will be notified of the change.

mailto:Kristin.fuller@dhs.gov

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G.3 Contractor’s Program Manager

The contractor‘s designated Program Manager (PM) for this Contract is:

To be inserted at time of award

The Contractor shall provide a Program Manager for this contract that has the authority to make any no-cost contract technical, hiring and dismissal decisions, or special ar-rangement regarding this contract. The Program Manager shall be responsible for the overall management and coordination of this Order and shall act as the central point of contact with the Government. The Program Manager shall have full authority to act for the Contractor in the performance of the required services. The Program Manager, or a designated representative, shall meet with the COTR to discuss problem areas as they occur.

G.4 Observance of Legal Holidays and Administrative Leave

The Government observes the following holidays:

New Year‘s Day

Martin Luther King Birthday

President‘s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran‘s Day

Thanksgiving Day

Christmas Day

In addition to the days designated as holidays, the Government observes also the following days:

· Any other day designated by Federal Statute,

· Any other day designated by Executive Order, and

· Any other day designated by President‘s Proclamation.

Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor‘s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium com-pensation will be reimbursed either as a direct or indirect cost, other than their normal compensa-tion for the time worked. This provision does not preclude reimbursement for authorized over-time work if applicable to this contract.

When the Government grants excused absence to its employees in a specific location, assigned

Contractor personnel at that same location may also be dismissed at the discretion of the contrac-tor. If Contractor personnel are dismissed, the Contractor agrees to continue to provide sufficient

HSTS03-11-R-CIO556 Page 17 of 95 personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer‘s Technical Representa-tive.

G.5 Payment Schedule

A payment schedule will be specified in each Order.

G.6 Travel and Per Diem

On occasion, a contractor may be required to travel outside of the Washington D.C. Met-ropolitan Area to fulfill the requirements of the Government. A normal man year equals approximately 1920 hours of labor, thus 160 hours per month. Each type of position sti-pulates an estimated percentage of travel per month. For example, if a labor category states Travel = 5%, this would equate to this particular contractor traveling an estimated 1 day per month. Travel is defined as going beyond the 50 mile radius of the employee‘s designated duty location.

On occasion, a contractor may be required to travel outside of the Washington D.C. Met-ropolitan Area to fulfill the requirements of the Government. In cases like this, travel expenses and per diem costs will be paid for by the Government in accordance with the

Federal Travel Regulations. Reimbursement for travel will be authorized as a separately priced Other Direct Cost (ODC) line item. All travel must be approved in advance by the

COTR.

The Information Assurance Division (IAD) has multiple staff contracts supporting the of-fice. In the instance where contractors from various contracts need to take travel togeth-er, every effort will be made on behalf of the contractor to maximize cost efficiencies.

An example of this would be that in the event Contractor A and Contractor B (from sepa-rate contracts) take a business trip, the Government would expect that they would share a rental car to minimize the costs to the Government.

The Contractor shall be reimbursed for travel costs associated with the performance of

Orders as follows:

Travel subsistence reimbursements will be authorized under the rates and conditions under the Federal Travel Regulations.

Per diem will be reimbursed, at actual costs, not to exceed, the per diem rates set forth in the Federal Travel Regulations prescribed by General Services Administration and when applicable, Standardized Regulations Section 925 – Maximum Travel Per Diem

Allowances for Foreign Areas – prescribed by the Department of State.

Travel of more than 10 hours, but less than 24 hours, when no lodging is required, per diem shall be one-half of the Meals and Incidental Expenses (M&IE) rate applicable to the locations of temporary duty assignment. If more than one temporary duty point is involved, the allowance of one-half of the M&IE rate is prescribed for the location where the majority of the time is spent performing official business. The per diem al-

HSTS03-11-R-CIO556 Page 18 of 95 lowance shall not be allowed when the period of official travel is 10 hours or less dur-ing the same calendar day.

Airfare costs in excess of the lowest rate available, offered during normal business hours are not reimbursable.

All reimbursable Contractor travel shall be authorized through the issuance of a order executed by the Contract Officer and approved in writing by the COTR prior to the date of travel.

Local travel costs will not be reimbursed. Local travel is defined as travel within a

50-mile radius of the employee‘s designated duty location.

G.7 Government Furnished Equipment / Facilities / Workspace

The Government shall provide office space and desktop automation equipment to connect to the TSA network in order to accomplish the tasks contained within the Statement of

Work. Under no circumstances shall contractor / personnel owned equipment be con-nected to the TSA computing environment. Additional Task Orders may be issued against this contract for continued support to include short period surge requirements.

The contractor shall be provided access to the following Government resources:

The TSA network

TSA Workstation

Copiers, fax machines, and office telephones and supplies appropriate for standard work- ing environments

Cell phones where required

Laptop Computers for Vulnerability Assessments

All data provided to the contractor or collected by the contractor for the purpose of work performance shall not be used outside of the Contract. At the end of the Contract, the contractor and all subcontractors shall return said data and destroy additional copies of said data files in accordance with TSA 1400.3 policy.

G.8 Preparation 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).

HSTS03-11-R-CIO556 Page 19 of 95

(b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Con-tractors 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 submis-sion 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, re-gardless of the method of submission used. Contractors may inquire regarding the receipt of in-voices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph

(e) of this clause.

2) U.S. Mail:

United States Coast Guard Finance Center

TSA Commercial Invoices

P.O. Box 4111

Chesapeake, VA 23327-4111

3) Email Invoices:

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

(c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer‘s Technical 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 a Authorized Certifying Official, FinCen will in-itiate payment of the invoices.

(d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the fol-lowing 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 subpara-graph (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 in-cluded in the invoice. All invoices must be clearly correlate invoiced amounts to the correspond-ing contract line item number and funding citation.

(f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice docu-mentation (e.g. copies of certified time sheets (as applicable), subcontractor invoices, receipts, signed receiving reports, travel vouchers, etc) necessary to approve an invoice along with the mailto:FIN-SMB-TSAInvoices@uscg.mil https://team.ishare.tsa.dhs.gov/Local%20Settings/Local%20Settings/Temporary%20Internet%20Files/Local%20Settings/Temporary%20Internet%20Files/Payment%20Inquiry%20Form https://www.fincen.uscg.mil/secure/payment.htm

HSTS03-11-R-CIO556 Page 20 of 95 original invoice. The Contractor invoice shall contain the information stated in the Prompt Pay-ment Clause in order to be received and processed by FinCen. Invoice charges shall be billed per appropriate Contract Line item Number (CLIN), period of performance and obligated funding.

Unless otherwise authorized by fiscal law, funding from one CLIN may not be utilized to offset charges on another CLIN, specifically if it is different accounting and appropriation data. Sup-plemental 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 Technical Representative.

(h) Frequency of invoice submission: Invoices shall be submitted no more frequently than once per month.

Contractor’s Contract Administration

The Contractor‘s contract administration shall be performed by the individual named be-low at the address indicated. Notification of any change in the designated individual shall be provided to the Contract Administration Office (CAO) specified in the Contract

Administration Plan (CAP) within a minimum of five (5) days prior to the effective date of the change.

(Name)

(Title)

(Street Address 1)

(Street Address 2)

(City/State/Zip)

(Phone/Fax/E-Mail)

Remittance Address:

If contractor‘s remittance address is different than the mailing address appearing in Block

15.A. on page 1, contractor shall provide the following information:

REMIT TO: ________________________ (Name)

________________________ (Street Address 1)

________________________ (Street Address 2)

________________________ (City, State, Zip)(End of Section G)

(End of Section G)

HSTS03-11-R-CIO556 Page 21 of 95

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 FACILITY CLEARANCE

Access to classified information at the Top Secret level is required to support the Information

Technology Security Support Services contract. The Contractor and any subcontractor(s) shall provide special handling for TOP SECRET collateral classified and/or sensitive but unclassified

(SBU) data. As such, the Contractor and any subcontractor(s) shall possess a current facility clearance at least at the TOP SECRET level. The prime contractor is responsible for ensuring that they and any subcontractor(s) comply with the provisions of the National Industrial Security

Program Operating Manual (NISPOM).

H.2 SPECIAL INFORMATION TECHNOLOGY CONTRACT SECURITY REQUIRE-

MENTS

H.2.1 Controls

The Contractor shall comply with Department of Homeland Security (DHS) and Transportation

Security Administration (TSA) technical, management and operational security controls to en-sure that the Government's security requirements are met. These controls are described in DHS

MD 4300A and TSA MD 1400 series security policy documents and are based on the NIST 800-

53 standards.

H.2.2 Identification Badges

All Contractor employees shall be required to obtain and wear TSA identification badges when working in TSA facilities.

H.2.3 Computer Access Agreement

All Contractor employees (users, managers, and operators of the TSA network) must sign TSA

Form 1403, Computer Access Agreement, a copy of which shall be provided to the TSA Con-tracting Officer‘s Technical Representative for retention during the duration of the contract.

H.2.4 Personnel Security

Privileged access users are individuals who have access to an information technology (IT) sys-tem with privileges of Administrator or above and have access to sensitive network infrastructure data. Privileged access users will be appropriately screened on entry into the privileged access position and with the initial screening refreshed every two years

Individuals terminating voluntarily or involuntarily from a Contractor performing under contract at TSA must have an exit briefing, conducted by a supervisory or management-level employee of the Contractor in order to identify and explain their post-employment responsibilities to the TSA.

HSTS03-11-R-CIO556 Page 22 of 95

Records of exit interviews will be signed and maintained by the contractor as part of the individ-ual employment record for a period of not less than two years following the termination of the individual‘s employment.

The Contractor shall notify the Contracting Officer's Technical Representative and the Contract-ing Officer with proposed personnel changes. Written confirmation is required. This includes, but is not limited to, name changes, resignations, terminations, and reassignments to another con-tract.

The Contractor shall notify the TSA, in writing, of any requested change in access requirements for its employees no later than one day after any personnel changes occur. This includes name changes, resignations, terminations, and transfers to other company engagements. The Contrac-tor shall provide the following information to TSA: full name, social security number, effective date, and reason for change.

The Contracting Officer must approve all personnel replacements. Estimated completion of the necessary background investigation for employee access to government facilities and informa-tion systems is approximately 30 to 90 days from the date the completed forms are received (and acknowledged as complete) in the Security Programs Division.

Failure of any Contractor personnel to pass a background investigation, without timely substitu-tion that meets the contracts requirements, may be grounds for termination of the contract.

H.2.5 Non-Disclosure Agreements

All TSA contractor employees and consultants must execute a DHS Form 11000-6, Sensitive But

Unclassified Information Non-Disclosure Agreement (NDA), upon initial assignment to TSA and before being provided access to TSA ―sensitive and/or mission critical information.‖ The origi-nal NDA will be provided to the TSA‘s Contracting Officer‘s Technical Representative for re-tention for the duration of the contract.

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

H.2.6 Performance Requirements

The Contractor shall not be liable for any injury to Government personnel or damage to Gov-ernment property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor.

Contracting Officer‘s Technical Representative (COTR) and IT Security Division shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced.

H.3 CONTRACTOR ACCESS TO INFORMATION TECHNOLOGY RESOURCES

H.3.1 Security Briefings

Before receiving access to IT resources under this contract the individual must receive a security

HSTS03-11-R-CIO556 Page 23 of 95 briefing, which the COTR will arrange, and complete any non-disclosure agreement furnished by

DHS.

H.3.2 Limitation of Access

The Contractor shall have access only to those areas of TSA information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for perfor-mance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohi-bited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

H.3.3 Termination of Access

Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save harmless from any unauthorized use and agrees not to request additional time or money un-der the contract for any delays resulting from unauthorized use or access.

H.4 ADDITIONAL PERFORMANCE REQUIREMENTS

The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever kind and nature of injury to or death of any person or per-sons and for loss of damage to any property occurring in connection with, or in any way incident to, or arising out of, the unauthorized use, disclosure, theft, or distribution of any data or assets related to the contract and due to negligence on the part of the contractor.

At the expiration of the contract, the contractor shall return all TSA information and IT resources provided to the contractor during the contract, and provide a certification that all assets contain-ing or used to process TSA information have been sanitized in accordance with the TSA IT Se-curity Policy Handbook, Chapter 3 section 17, Computer Data Storage Disposition,.

All contract security compliance documents will be reviewed and approved by IT Security, and accepted by the Contracting Officer upon creation and after any subsequent changes that may be made throughout the life of the contract before they may go into effect.

Contracting Officer‘s Technical Representative (COTR) and IT Security shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced.

H.5 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in…