HSTS04-13-Q-CT7026.pdf

REQUEST FOR QUOTE

Table of Contents Section Description Page Number

I Pricing Schedule 2

II PWS 3

III Supplemental Clauses 9 IV Attachments 27 V Instructions to Prepare Quote

& Evaluation Factors

SECTION I – PRICING SCHEDULE

This is a firm fixed price purchase order for the following:

CLIN

No

Description Qty Unit

Unit price

Total Price

00001

Value Engineering Study Conducted Using the SAVE International® Standards inclusive all Other Direct Costs (ODCs)/Travel

1 Job $_______ $_______

SECTION II – PERFORMANCE WORK STATEMENT

1.0 Background

TSA’s Office of Security Capabilities (OSC) implements advanced security technology solutions to protect the nation’s transportation systems, ensuring freedom of movement for people and commerce. Seven divisions comprise OSC including: Mission Analysis, Checked Baggage Technologies, Checkpoint Technologies, Intermodal Technologies, Deployment, Operations Support (OS), and Business Operations. The acquisition portfolio value for OSC’s programs is approximately $1.2 billion per year and each program is responsible for management and oversight of a mixed lifecycle technology portfolio. OSC incurs substantial costs to perform testing of candidate technologies to determine the overall effectiveness and operational suitability in meeting defined performance requirements. The focus of the Value Engineering (VE) study is to identify opportunities to enhance the OSC testing process to stimulate innovation and improve performance characteristics.

Test events are categorized as either Developmental Test and Evaluation (DT&E) or Operational Test and Evaluation (OT&E). DT&E allows projects to explore and verify available technologies, develop proofs of concept with vendors, validate requirements, and initially observe systems in operation. DT&E also includes formal qualification testing that verifies the system’s capability to meet specification requirements. The TSA Systems Integration Facility (TSIF) provides a venue for testing a system in a simulated operational environment. The results provided by these T&E events support acquisition decision, validate system conformance with technical specifications, and allows the program to determine readiness to enter operational testing and evaluation.

OT&E independently validates the extent to which candidate systems are operationally effective and suitable in an airport environment. This phase of testing focuses on evaluating the critical operational issues defined by the project sponsor and serves as the “final exam” before a procurement decision is made. OT&E allows TSA to support a comprehensive evaluation of system effectiveness and suitability, determine the extent to which the system provides an operationally useful capability, and provides assurance that a system is ready to be procured and deployed in an operational environment.

The focus of this VE study shall be to analyze the process by which OSC executes testing of aviation screening technologies. The study will examine all aspects of the testing and acceptance process to identify opportunities to reduce costs, increase efficiency and improve quality. The VE team is not precluded from developing any value improvement opportunities that may be identified in the course of the workshop process.

1.1 Scope

This Performance Work Statement (PWS) defines the requirements for TSA’s Office of Security Capabilities (OSC) for a contractor to perform a VE Study adhering to the SAVE International Standard. The study shall focus on the overall technology testing and acceptance process. The VE Study will commence with OSC presenting a briefing to the VE team at the workshop location. The VE study shall be conducted using the SAVE International® standard Value Methodology Job Plan (http://www.value-eng.org/pdf_docs/monographs/vmstd.pdf ).

The Evaluation Phase may include a mid-point review with Program Management Office and Operations Support representatives to obtain their input on the ideas prior to development. The Presentation Phase will provide a briefing of the study results to the Operations Support and Program Office Division Directors. The Contractor will make provisions for remote participants for the out-brief presentation.

The contractor shall furnish a multi-disciplinary VE team that includes the following specialties:

1. Certified Value Specialist (CVS) Team Leader

2. Test Engineer

3. Testing Specialist

4. Cost Estimator

5. Workshop Assistant

OSC shall furnish the following specialties for full-time participation on the VE team:

1. Senior Technical Advisor

2. TSIF Testing Section Lead

3. Operational Testing Section Lead

4. Evaluation and Quality Assurance Section Lead

5. T&E Operations and Infrastructure Section Lead

6. Checkpoint Technology Division Equipment Branch Manager

7. Checked Baggage Technology Division Equipment Branch Manager

2.0 General Requirements:

2.1 Delivery Schedule:

Value Engineering Study: Scheduled to begin the week of September 30, 2013

• Day 1 - 9 AM-12 PM Kickoff Meeting at VE Team conference room

• Day 3 - 1 PM Mid-point review (if necessary) at VE Team conference room

• Day 5 - 3PM Out-brief at VE Team conference room

• 14 calendar days from completion of the Out Brief - Draft Report and Proposal Tally Sheet due, electronically

• 30 calendar days from completion of the Out Brief - Final Study Report, Implementation Tally Sheet and Executive Summary to VEO 5 working days following the Implementation Meeting or when responses are sent from USACE.

2.2 Report Content

1. Cover shall identify:

http://www.value-eng.org/pdf_docs/monographs/vmstd.pdf

• Organization

• Project name and location

• Value Engineering contractor’s name

• Project number (if applicable)

• Report date

2. Executive Summary shall include or summarize the following:

• Project number

• Project name and location

• Workshop date and location

• Value Engineering contractor

• Summary project description

• Action items

• Key agreements

• Critical assumptions

• Study constraints

• Risks

• Quality objectives

• Function analysis findings

• Summary table of VE Alternatives/Recommendations and related cost avoidance

• Summary table of VE team’s opinion on those VE Alternatives/Recommendations that when combined result in the optimum realistic cost avoidance

3. Project description (brief 1 to 3 page overview of the project plan or design being studied)

4. Provide a list of VM/VE Workshop participants

5. Identify the VE team

6. Function Analysis System Technique (FAST) Diagram or other recognized technique

7. Developed Alternatives with:

• Description of Original Concept

• Description of Alternative Concept

• Bullet list of Advantages and Disadvantages

• Discussion/Justification explaining the alternative and the rationale for the recommended alternative; include discussion of any deviations from the programming document (DD1391), agency guidance or local requirements

• Sketches

• Calculations

• Cost analysis including life cycle cost analysis, if appropriate

8. Creative idea list, a complete list of brainstorming ideas, not just those analyzed/developed

9. Cost Model or other histogram

3.0 Technical Requirements:

The evaluation factors that establish the requirements of acceptability shall be the following:

• Certified small business

• Demonstrated at least 10 years of experience in applying the principals of Value Engineering on either State or Federal Government funded projects

• Demonstrated at least 3 years of using the value methodology standard endorsed by SAVE International®™

• Employee resources that are Certified as a Value Specialist, Associate Value Specialist or Value Methodology Practitioner from SAVE International®™

4.0 Deliverables:

The Contractor shall be fully responsible for completion and delivery of the following documents:

A. Draft VE Study Report

• PDF (emailed or made available on FTP site)

B. Final VE Study Report

• Bound hard copies (quantity per distribution list)

• CD with a PDF format of the final report (quantity per distribution list)

• PDF (emailed or made available on FTP site)

C. Proposal Tally Sheet (Excel format)

D. Implementation Tally Sheet (Excel format)

E. VE Study Executive Summary (Word)

4.1 Distribution list:

Name/Organization Hard Copies CD Domenic Bianchini Senior Technical Advisor Office of Security Capabilities Transportation Security Administration Suite 8-130S 701 S 12th Street Arlington, VA 20598 Domenic.Bianchini@tsa.dhs.gov Desk: 571-227-1482 Fax: 571-227-1931

3 3

5.0 Other Contract Provisions:

5.1 Period of Performance

The period of performance is 65 calendar days from the date of award. The Value Engineering Study is scheduled to begin the week of September 30, 2013. See 2.1 Delivery Schedule above for delivery requirements.

5.2 Place of Performance

Work will be performed at the Contractor’s Facility. Days 1 through 5 of the Value Engineering Study will be performed at the Transportation Security Administration System Integration Facility (TSIF):

1 West Post Office Road Washington Reagan National Airport Washington, DC 20528

If the TSIF is not available, work will be performed at an alternative location in the DC/Arlington Metro area.

5.3 Travel

Travel shall be included in the Firm Fixed Price and not separately priced.

5.4 Security

This contract will require the discussion, use, creation, handling, storage, and transmission of Sensitive Security Information (SSI).

5.4.1 All contractors must complete Non-Disclosure Agreements (Attachment 1). Any SSI must be properly marked, secured, handled, transmitted and be restricted to those individuals authorized and having a bona fide need to know in order to perform the work specified in this

PWS.

5.4.2 Any documents containing SSI as defined in 49 CFR Parts 15 and 1520 shall be marked with a cover sheet for hardcopy submissions and must include an SSI header and footer. Every page of the document must contain an SSI header and footer. The SSI header is simply identified by including in caps the following: SENSITIVE SECURITY INFORMATION. The footer is identified by the following statement:

“WARNING: This record contains Sensitive Security Information that is controlled under 49 CFR Parts 15 and 1520. No part of this record may be disclosed to persons without a “need to know”, as defined in 49 CFR Parts 15 and 1520, except with the written permission of the Administrator of the

Transportation Security Administration or the Secretary of Transportation.

Unauthorized release may result in civil penalty or other action. For U.S.

Government agencies, public disclosure is governed by 5 U.S.C. 552 and 49 CFR Parts 15 and 1520.”

5.6 Contact Information

Points of Contact:

Domenic Bianchini Senior Technical Advisor Office of Security Capabilities Transportation Security Administration Domenic.Bianchini@tsa.dhs.gov Desk: 571-227-1482

Susan Messina Contracting Officer Security Technology Acquisition Division Susan.messina@tsa.dhs.gov 571-227-4055

Mark Landon Contract Specialist Security Technology Acquisition Division Mark.landon@tsa.dhs.gov 571-227-5169

Sam Heim Contract Specialist Security Technology Acquisition Division Joseph.heim@tsa.dhs.gov 571-227-1004

SECTION III – SUPPLEMENTAL CLAUSES

The following clauses are hereby added to the task order.

52.252-2 – Clauses Incorporated by Reference (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 this address:

www.acquisition.gov

(End of Clause)

FAR

CLAUSE TITLE DATE

52.204-7 System for Award Management JUL 2013

52.204.13 System for Award Management Maintenance JUL 2013

52.212-4 Contract Terms and Conditions – Commercial Items JUN 2013 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984

52.251.1 Government Supply Sources APR 2012

Clauses and Provisions Incorporated by Full Text

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS -- (JUL 2013)

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

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78).

(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.] __X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

__ __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ __ (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.)

__X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ __ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-15).

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

__ __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 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).

__ __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C. 657a).

__X __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(11) [Reserved] __X __ (12) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)(15 U.S.C. 644).

__ __ (12) (ii) Alternate I (Nov 2011).

__ __ (12) (iii) Alternate II (Nov 2011).

__ __ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

__ __ (13) (ii) Alternate I (Oct 1995) of 52.219-7.

__ __ (13) (iii) Alternate II (Mar 2004) of 52.219-7.

__ __ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

637(d)(2) and (3)).

__ __ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013)(15 U.S.C.

637(d)(4)).

__ __ (15) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (15) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (15) (iv) Alternate III (Jul 2010) of 52.219-9.

__X (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C.

637(a)(14)).

__ __ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ __ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ __ (19) (ii) Alternate I (June 2003) of 52.219-23.

__ __ (20) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Jul 2013)(Pub. L. 103-355, section 7102, and 10 U.S.C.

2323).

__ __ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f).

__X __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Jul 2013) (1 U.S.C. 637(m)).

__ __ (25) 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 __ (26) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__ __ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)(E.O. 13126).

__X __ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X __ (29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__ __ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__X __ (31) 52.222-36, Affirmative Action For Workers with Disabilities (Oct 2010)(29 U.S.C. 793).

__ __ (32) 52.222-37, Employment Reports on Veterans (Sep 2010)(38 U.S.C. 4212).

__ __ (33) 52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec 2010) E.O. 13496).

__ __ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (35) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).

__ __ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ _ (37) (ii) Alternate I, (Dec 2007) of 52.223-16.

__X __ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011).

__ __ (39) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

__ __ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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).

__ _ (40) (ii) Alternate I (Mar 2012) of 52.225-3.

__ _ (40) (iii) Alternate II (Mar 2012) of 52.225-3.

__ _ (40) (iv) Alternate III (Nov 2012) of 52.225-3.

__ __ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (42) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

____ (43) 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).

__ __ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (46) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)).

__ __ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__X __ (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)(31.U.S.C. 3332).

__ __ (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)(31.U.S.C. 3332).

__ __ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__ __ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (52) (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).

__ _ (52) (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.] __X __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__X __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__X __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__X __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351 et seq.).

__ __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009)(41 U.S.C. 351 et seq.).

__ __ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

__ __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247).

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

5112(p)(1)).

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

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

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

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

(e)(1) Notwithstanding 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 paragraphs (e)(1) of this paragraph 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 (Jan 2013) (E.O. 13495). Flow Down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 20106) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-10, 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007),(41 U.S.C. 351, et seq.).

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

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

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007)(41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment eligibility Verification (Jul 2012).

(xiii) 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).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub.

L. 110-247). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.

(xv) 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.

(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.

ADDENDUM TO CLAUSE 52.212-4

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

(IAW FAR 4.1303)

3052.204-71 CONTRACTOR EMPLOYEE ACCESS -- ALTERNATE II

(JUN 2006)

(IAW HSARFARS 3004.470-3(b)) When the Department has determined contract employee access to sensitive information or Government facilities must be limited to U.S. citizens and lawful permanent residents, but the contract will not require access to IT resources, add the following paragraphs:

(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-55 1). Any exceptions must be approved by the Department’s Chief Security Officer or designee.

(h) Contractors shall identify in their proposals, the names and citizenship of all non-U.S.

citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(23):

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JUL 2013)

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number ______________________________.

[Contractor to sign and date and insert authorized signer's name and title].

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (c)(2):

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 1989)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits

3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(DEC 2003)

(IAW HSARFARS 3042.7000)

TSA Clauses Incorporated by Full Text

G. 5200.243.001 CONTRACTING OFFICER (CO)

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

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

TSA Contracting Officer:

NAME: Susan Messina

PHONE NUMBER: 571-227-4055

EMAIL: Susan.Messina@tsa.dhs.gov

G.5200. 242.001 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND

TECHNICAL MONITORS

Prescription: The Contracting Officer shall include this language into each TSA contract in which a COR and/or technical monitor is intended to be appointed.

1. The principle role of the COR is to support the Contracting Officer in managing the contract.

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

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

TSA COR:

NAME: Domenic Bianchini

PHONE NUMBER: 571-227-1482

EMAIL: Domenic.Bianchini@tsa.dhs.gov

3. The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.

4. The responsibilities and limitations of the COR are as follows:

• The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract.

• The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

mailto:Susan.Messina@tsa.dhs.gov

• The COR will maintain communications with the Contractor and the Contracting Officer.

The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.

• The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant.

• The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.

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

• The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order.

• The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.

5. The responsibilities and limitations of the TM are as follows:

• Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

• Monitoring the Contractor’s performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor’s performance is strictly within the contract’s scope and obligated funding.

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

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

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

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

• Reporting any threats to the health and safety of persons or potential for damage to

Government property or critical national infrastructure which may result from the Contractor’s performance or failure to perform the contract’s requirements.

G.4202.242.002 “SUBMISSION OF INVOICES - Commercial”

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

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

1) Facsimile number is: 757-413-7314

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

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 an Authorized Certifying Official, FinCen will initiate payment of the invoices.

Note for discounts offered:

Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

(d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:

(1) Via the internet: https://www.fincen.uscg.mil

Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.

(2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm

(e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

(f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Technical Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

(g) Additional Invoice Preparation Instructions for Software Development and/or Hardware.

The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards

Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)

(h) Frequency of Invoice Submission: (Contracting Officer should directly annotate with specific instructions to the Contractor)

H.5200.224.001 DISCLOSURE OF INFORMATION

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

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

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

H.5200.205.001 PUBLICITY AND DISSEMINATION OF CONTRACT

INFORMATION

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

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

A minimum of five full business days’ notice is required for requests made in accordance with this provision.

H.5200.244.001 INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS

The TSA may enter into contractual agreements with other Contractors (i.e., “Associate Contractors”) in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort. Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work.

Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor’s recommendations for a solution. The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions.

Where the Contractor and Associate Contractors are required to collaborate to deliver a service;

the Government will designate, in writing and prior to the definition of the task, to both Contractors, a “lead Contractor” for the project. In these cases the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non-Disclosure Agreements.

Compliance with this Special Contract Requirement is included in the contract price and shall not be a basis for equitable adjustment.

H.5200.237.001 NON-PERSONAL SERVICES

“Personal services” are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently Governmental actions as defined by FAR

7.500. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this special contract requirement shall limit the Government’s rights in any way under any other term of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this special contract requirement shall be included in all subcontracts at any tier.

H.5200.209.001 CONTRACTOR RESPONSIBILITIES

The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract.

The Government shall not be liable for any injury to the Contractor’s personnel or damage to the Contractor’s property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority.

A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition.

The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The Contractor shall not:

• Discuss with unauthorized persons any information obtained in the performance of work under this contract.

• Conduct business not directly related to this contract on Government premises.

• Use computer systems and/or other Government facilities for company or personal business other than work related; or

• Recruit on Government premises or otherwise act to disrupt official Government business.

H.5200.203.001 QUALIFICATIONS OF EMPLOYEES

The Contracting Officer may require dismissal from work under this contract and/or removal of access to government facilities, property, information and/or information systems of those employees which the Contracting Officer deems contrary to the public interest or inconsistent with the best interest of national security.

H.5200.209.002 NON-DISCLOSURE AGREEMENTS

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

H.5200.237.002 OBSERVANCE OF LEGAL HOLIDAYS, OTHER ABSENCES, AND

NECESSARY CONTRACT PERFORMANCE OFFSITE

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 Inauguration Day (Washington, DC metropolitan area)

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

• Any other day designated by Federal Statute, and

• Any other day designated by Executive Order, and

• Any other day designated by President’s Proclamation, such as extreme weather conditions.

When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient 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 Representative. 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 or other excused…