RFP_HSTS01-15-R-CIO007_and_SOW.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

2115205CIO007 44

HSTS01-15-R-CIO007

Sophie.Campbell@tsa.dhs.gov calls)

571-227-1590 03 100

See Adress in Box #9

Office of Acquisition 701 S 12th Street, Arlington, VA 20598

See page 3-9 of RFP

Mary F. Hallam

541519

08/07/2015

08/25/2015

3:00 PM EST

TRANSPORTATION SECURITY ADMINISTRATION

Office of Acquisition 701 S 12th Street Arlington, VA 20598

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

REQUEST FOR PROPOSAL NO. HSTS03-15-R-CIO007

TABLE OF CONTENTS

I- SECTION I CONTAINS: . ………………………………………………..

SF 1449………………………………………………………………..….….………………..1

Table of Content …………………………………………………….…………………….3 Continuation of Block 20 on SF 1449…………………………………………….4

II- CONTRACT CLAUSES TERMS, AND CONDITIONS ……………………………………

Contract Administration Data ………………………………..….…………… Special Contract Requirements ………………………………….……………..…..29

III- SOLICITATION DOCUMENTS, EXHIBITS OR ATTACHMENTS………….…...........…37

IV- SOLICITATION PROVISIONS………………………………………………………………..……38

V - EVALUATION ……….…………………………………………………………………….…….…….42

SECTION I - CONTINUATION OF BLOCK 20 ON SF 1449 – SCHEDULE OF SUPPLIES / SERVICES

1. General Description The Contractor shall provide, in accordance with issued task orders (TOs), all network equipment, maintenance and support as described in in the Statement of Work on an Indefinite Delivery Indefinite Quantity (IDIQ) basis.

Task Orders are Firm Fixed Price (FFP) in accordance with Federal Acquisition Regulation (FAR) Part 16.5. Task Orders will be issued in accordance with the procedures set forth in Sections G and I.

2. Contract Minimums/Maximums

(a) The minimum quantity for this contract vehicle will be used to refresh TSA’s current switches and routers. The minimum guarantee for the IDIQ will be $10,000,000.00. Orders beyond the minimum will be determined by TSA needs. The exercise of an option does not re-establish the contract minimum for the Base IDIQ contract.

(b) The specific quantities will be identified on each Delivery Order issued under the Base contract. The Government has no obligation to issue Delivery Orders to the Awardee beyond the amount specified in paragraph

(a) above.

(c) The total value of all DOs awarded under this Base contract, including orders issued in option periods and the minimum contract amount, shall not exceed $98,000,000.00.

3. Contract Line Item Number (CLIN) Framework Table

PERIOD OF PERFORMANCE: 09/02/2015-09/01/2017 UNIT

OF

ISSUE

UNIT PRICE

BASE PERIOD

CLIN CLIN 00001 - CLASS 1 SWITCH

0001A SWITCH - 8 PORT EA $

0001B SWITCH - 12 PORT EA $

0001C SWITCH - 24 PORT STACKABLE EA $

0001D SWITCH - 48 PORT STACKABLE EA $

0001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00002 - CLASS 2 SWITCH EA

0002A SWITCH - COMPACT, 8 PORT EA $

0002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

0003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

0004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

0005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

0006A ROUTER - INTEGRATED SERVICES EA $

0006B ROUTER - INTEGRATED SERVICES EA $

0006C ROUTER – WAN AGGREGATION EA $

CLIN 00007 - CLASS 7 ROUTER

0007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2017-09/01/2018 UNIT

OF

ISSUE

UNIT PRICE

Option Year 1

CLIN CLIN 00001 - CLASS 1 SWITCH

1001A SWITCH - 8 PORT EA $

1001B SWITCH - 12 PORT EA $

1001C SWITCH - 24 PORT STACKABLE EA $

1001D SWITCH - 48 PORT STACKABLE EA $

1001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00002 - CLASS 2 SWITCH EA

1002A SWITCH - COMPACT, 8 PORT EA $

1002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

1003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

1004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

1005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

1006A ROUTER - INTEGRATED SERVICES EA $

1006B ROUTER - INTEGRATED SERVICES EA $

1006C ROUTER – WAN AGGREGATION EA $

1007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2018-09/01/2019 UNIT

ISSUE

UNIT PRICE

Option Year 2

CLIN CLIN 00001 - CLASS 1 SWITCH

2001A SWITCH - 8 PORT EA $

2001B SWITCH - 12 PORT EA $

2001C SWITCH - 24 PORT STACKABLE EA $

2001D SWITCH - 48 PORT STACKABLE EA $

2001E SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY EA $

MODULE & MIN (3) 48 PORT LINE CARDS

CLIN 00002 - CLASS 2 SWITCH EA

2002A SWITCH - COMPACT, 8 PORT EA $

2002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

2003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

2004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

2005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

2006A ROUTER - INTEGRATED SERVICES EA $

2006B ROUTER - INTEGRATED SERVICES EA $

2006C ROUTER – WAN AGGREGATION EA $

2007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2019-09/01/2020 UNIT

ISSUE

UNIT PRICE

Option Year 3

CLIN CLIN 00001 - CLASS 1 SWITCH

3001A SWITCH - 8 PORT EA $

3001B SWITCH - 12 PORT EA $

3001C SWITCH - 24 PORT STACKABLE EA $

3001D SWITCH - 48 PORT STACKABLE EA $

3001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARD

EA $

CLIN 00002 - CLASS 2 SWITCH EA

3002A SWITCH - COMPACT, 8 PORT EA $

3002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

3003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

3004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

3005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

3006A ROUTER - INTEGRATED SERVICES EA $

3006B ROUTER - INTEGRATED SERVICES EA $

3006C ROUTER – WAN AGGREGATION EA $

3007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2020-09/01/2021 UNIT

ISSUE

UNIT PRICE

Option Year 4

CLIN CLIN 00001 - CLASS 1 SWITCH

4001A SWITCH - 8 PORT EA $

4001B SWITCH - 12 PORT EA $

4001C SWITCH - 24 PORT STACKABLE EA $

4001D SWITCH - 48 PORT STACKABLE EA $

4001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00002 - CLASS 2 SWITCH EA

4002A SWITCH - COMPACT, 8 PORT EA $

4002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

4003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

4004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

4005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

4006A ROUTER - INTEGRATED SERVICES EA $

4006B ROUTER - INTEGRATED SERVICES EA $

4006C ROUTER – WAN AGGREGATION EA $

4007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2021-09/01/2022 UNIT

ISSUE

UNIT PRICE

Option Year 5

CLIN CLIN 00001 - CLASS 1 SWITCH

5001A SWITCH - 8 PORT EA $

5001B SWITCH - 12 PORT EA $

5001C SWITCH - 24 PORT STACKABLE EA $

5001D SWITCH - 48 PORT STACKABLE EA $

5001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00002 - CLASS 2 SWITCH EA

5002A SWITCH - COMPACT, 8 PORT EA $

5002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

5003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

5004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

5005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

5006A ROUTER - INTEGRATED SERVICES EA $

5006B ROUTER - INTEGRATED SERVICES EA $

5006C ROUTER – WAN AGGREGATION EA $

5007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2022-09/01/2023 UNIT

ISSUE

UNIT PRICE

Option Year 6

CLIN CLIN 00001 - CLASS 1 SWITCH

6001A SWITCH - 8 PORT EA $

6001B SWITCH - 12 PORT EA $

6001C SWITCH - 24 PORT STACKABLE EA $

6001D SWITCH - 48 PORT STACKABLE EA $

6001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00002 - CLASS 2 SWITCH EA

6002A SWITCH - COMPACT, 8 PORT EA $

6002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

6003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

6004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

6005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

6006A ROUTER - INTEGRATED SERVICES EA $

6006B ROUTER - INTEGRATED SERVICES EA $

6006C ROUTER – WAN AGGREGATION EA $

6007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2023-09/01/2024 UNIT

ISSUE

UNIT PRICE

Option Year 7

CLIN CLIN 00001 - CLASS 1 SWITCH

7001A SWITCH - 8 PORT EA $

7001B SWITCH - 12 PORT EA $

7001C SWITCH - 24 PORT STACKABLE EA $

7001D SWITCH - 48 PORT STACKABLE EA $

7001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00002 - CLASS 2 SWITCH EA

7002A SWITCH - COMPACT, 8 PORT EA $

7002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

7003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

7004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

7005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

7006A ROUTER - INTEGRATED SERVICES EA $

7006B ROUTER - INTEGRATED SERVICES EA $

7006C ROUTER – WAN AGGREGATION EA $

1007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

Period of Performance: 09/02/2024-09/01/2025 UNIT

ISSUE

UNIT PRICE

Option Year 8

CLIN CLIN 00001 - CLASS 1 SWITCH

8001A SWITCH - 8 PORT EA $

8001B SWITCH - 12 PORT EA $

8001C SWITCH - 24 PORT STACKABLE EA $

8001D SWITCH - 48 PORT STACKABLE EA $

8001E

SWITCH - CHASSIS, 6-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00002 - CLASS 2 SWITCH EA

8002A SWITCH - COMPACT, 8 PORT EA $

8002B SWITCH - COMPACT, 12 PORT EA $

CLIN 00003 - CLASS 3 SWITCH

8003A ROUTER/SWITCH, SMALL OFFICE EA $

CLIN 00004 - CLASS 4 SWITCH

8004A

SWITCH - CHASSIS, 9-SLOT, MAX 240 PORT, W/ SUPERVISORY

MODULE & MIN (3) 48 PORT LINE CARDS

EA $

CLIN 00005 - CLASS 5 SWITCH

8005A SWITCH - 48 FABRIC EXTENDER, DATA CENTER EA $

CLIN 00006 - CLASS 6 ROUTER

8006A ROUTER - INTEGRATED SERVICES EA $

8006B ROUTER - INTEGRATED SERVICES EA $

8006C ROUTER – WAN AGGREGATION EA $

CLIN 00007 - CLASS 7 ROUTER

8007A ROUTER - INTEGRATED SERVICES, VOIP SUPPORT EA $

4. Type of Solicitation In accordance with Federal Acquisition Regulation, (FAR), 16.504, this Request for Proposal, (RFP), is to award an Indefinite Delivery/Indefinite Quantity (IDIQ) contract for commercial items under FAR Part 12, Acquisition of Commercial Items. This solicitation will result in an Indefinite Delivery Indefinite Quantity, (IDIQ).

This is a 100% HUBZone Small Business Set-Aside solicitation, using NAICS Code 541519- Other Computer Related Services. In accordance with NAICS Code 541519 Footnote 18, an Information Technology Value Added Reseller provides a total solution to information technology acquisitions by providing multi-vendor hardware and software along with significant services. Significant value added services consist of, but are not limited to, configuration consulting and design, systems integration, installation of multi-vendor computer equipment, customization of hardware or software, training, product technical support, maintenance, and end user support. For purposes of Government procurement, an information technology procurement classified under this industry category must consist of at least 15% and not more than 50% of value added services as measured by the total price less the cost of information technology hardware, computer software, and profit. If the contract consists of less than 15% of value added services, then it must be classified under a NAICS manufacturing industry. If the contract consists of more than 50% of value added services, then it must be classified under the NAICS industry that best describes the predominate service of the procurement. To qualify as an Information Technology Value Added Reseller for purposes of SBA assistance, other than for Government procurement, a concern must be primarily engaged in providing information technology equipment and computer software and provide value added services which account for at least 15% of its receipts but not more than 50% of its receipts.

In accordance with FAR 16.504(c)(B)(1), (2), (3), (4), and (6), a multiple award approach will not be used for this solicitation, and an award of this IDIQ will only be made to one offeror.

5. Contract Term The awarded offeror will have a two (2) year base ordering period, and eight (8) one-year option ordering periods for a total term, if all options are exercised, of ten (10) years. For the option periods, the contract shall be renewable as provided in FAR Clause 52.217-9, Option to Extend the Term of the Contract, incorporated by reference in Section I. The period of performance of any Delivery Order issued under the contracts shall not exceed twelve, (12), months after the expiration of the last option period of the IDIQ contracts in accordance with FAR Clause 52.216-22 (OCT 1995), Indefinite Quantity, incorporated by reference in Section I.

6. Objectives The purpose of this contract is to obtain reliable, responsive, and cost effective communication infrastructure services for the TSA. TSA's goal is to obtain a dynamically scalable communications capability utilizing an on-demand service approach for new equipment that can readily adjust to both increases and decreases in communications requirements and which is priced on a utility ("as ordered") basis for communication hardware, except cables. The present communications equipment will be maintained, technically supported and, when necessary, identified for technical refresh.

For all communications capacity requirements, the service provider will acquire, install, uninstall, transport, power up, configure, and provide the necessary hardware, hardware maintenance, communications operating software and services to support the communication infrastructure associated with this contract. Maintenance on communication items currently in operation or communications items procured outside of Contract will be priced individually by unit. All capacity procured through technical refresh will be priced according to Vendor’s CLIN/SLIN pricing proposed.

The Government will maintain day-to-day operational control of the communication environment and retain complete oversight responsibility. Operational control includes, but is not limited to, the installation of all software updates after the initial delivery. However, all operating system software updates should be included in the maintenance covered under this contract.

SECTION II - CONTRACT CLAUSES, TERMS, AND CONDITIONS

1. Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998) This contract incorporates one or more 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 of a clause may be accessed electronically at www.acquisition.gov/far.

FAR Clause No. Title and Date

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

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

52.212-4 Alt I Contract Terms and Conditions – Commercial Items (MAY 2014)

52.216-18 Ordering (OCT 1995)

52.217-8 Option to Extend Services (NOV 1999) 52.219-1 Small Business Program Representations (Oct 2014) 52.219-1 Alt I Small Business Program Representation (May 2014) 52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation (FEB 1999) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (JUN 2014)

52.227-19 Commercial Computer Software License(DEC 2007)

52.245-1 Government Property (APR 2012)

52.203-3 Gratuities (APR 1984)

52.204-7 System for Award Management (Jul 2013)

52.227-19 Commercial Computer Software License (DEC 2007)

52.233-2 Service of Protest (SEP 2006)

52.232-18 Availability of Funds (APR 1984)

FAR 52.204-1 Approval of Contract (Dec 1989) This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (DEC 2014)

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

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

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] http://www.acquisition.gov/far

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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

2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.

111-8, and section 745 of Division D of Pub. L. 110-161).

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

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

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

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

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

_X__ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

__X_ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

__X_ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_X__ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

__X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

__X_ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X__ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

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

(e)

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

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

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

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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

(End of Clause) 52.216-19 -- Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 2,000,000.00;

(2) Any order for a combination of items in excess of 30,000,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause) 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days following the effective period of this contract.

(End of Clause)

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

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

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

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

(End of Clause)

2. HSAR CLAUSES IN FULL TEXT

The following Homeland Security Acquisition Regulation (HSAR) clauses are provided in full text. All HSAR clauses shall flow down to all Subcontractors on the contracts and all Delivery Orders as applicable

HSAR 3052.204-70 - Security Requirements for Unclassified Information Technology Resources (JUN 2006)

(a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected to a DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contracts that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency’s mission.

(b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under these contracts.

(1) Within 45 days after contract award, the Contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the Offeror’s proposal. The plan, as approved by the Contracting Officer, shall be incorporated into the contracts as a compliance document.

(2) The Contractor’s IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (U.S.C. 1441 et seq.); the Government Information Security Reform Act of 2000; and the Federal Information Security management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130.

(3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor’s site (including any information stored, processed, or transmitted using the Contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) Examples of tasks that require security provisions include –

(1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the Contractor’s copy be corrupted; and

(2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as bypassing a firewall).

(d) At the expiration of the contracts, the Contractor shall return all sensitive DHS information and IT resources provided to the Contractor during the contract, and certify that all non-public DHS information has been purged from any Contractor-owned system. Organizational elements shall conduct reviews to ensure that the security requirements in the contracts are implemented and enforced.

(e) Within 6 months after contract award, the Contractor shall submit written proof of IT Security accreditation to DHS for approval by the DHS CO. Accreditation will proceed according to the criteria of the DHS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any replacement publication, which the CO will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the CO, shall be incorporated into the contracts as a compliance document. The Contractor shall comply with the approved accreditation documentation.

HSAR 3052.204-71 - Contractor Employee Access (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of clause)

HSAR 3052.209-70 – Prohibition on Contracts with Corporate Expatriates (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

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

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

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

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

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

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

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

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

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

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

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

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

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

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

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control…