Attachment_C_-_TSA_Clauses.pdf

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ATTACHMENT C

SECTION E, INSPECTION AND ACCEPTANCE

Clause incorporated by reference:

52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

52.246-6 Inspection—Time-and-Material and Labor-Hour (May 2001)

52.246-9 Inspection of Research and Development (Short Form) (Apr 1984)

SECTION F, DELIVERIES OR PERFORMANCE

Clause incorporated by reference:

52.242-15 Stop-Work Order. (AUG 1989)

SECTION G, CONTRACT ADMINISTRATION DATA

G. 5200.243.001 Contracting Officer (CO) (JUL 2015)

The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, 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 & Alternate Contracting Officer are assigned to this contract:

TSA Contracting Officer (Primary):

NAME: Melyssa Bertucci

PHONE NUMBER: 571-227-2521

EMAIL: melyssa.bertucci@tsa.dhs.gov mailto:melyssa.bertucci@tsa.dhs.gov

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G.5200. 242.001 Contracting Officer’s Representative (COR) and Technical Monitors (TM)

(JUL 2015)

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

This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting

Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

2. The Contracting Officer hereby designates the individual(s) named below as the Contracting

Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.

TSA COR (Primary):

NAME: TBD

PHONE NUMBER:

EMAIL:

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.

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.

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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.5200.242.003 Submission of Invoices (JUL 2015)

(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.

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2) U.S. Mail:

United States Coast Guard Finance Center

TSA Commercial Invoices

P.O. Box 4111

Chesapeake, VA 23327-4111

3) Email:

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

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

FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices.

Note for discounts offered:

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

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered.

Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

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

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

Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-

6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to

5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.

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

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

(f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen.

Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting

Officer, or the Contracting Officer’s Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The

Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

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

The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal

Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards

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

(h) Frequency of Invoice Submission. TBD

(i) Invoices for equipment, related peripheral equipment, and/or associated services (e.g. site surveys, site preparation, upgrades, shipping, temporary storage, travel, testing, rigging, installation, integration, and networking) shall:

(1) Be submitted with an approved TSA Form 251, Vendor Shipping and Receiving Report for all equipment (base unit and peripheral equipment) with a cost of at least $5,000 including any equipment with data storage billed on the invoice.

(2) Cite the site code, site name, location, serial number(s) and full TSA barcode number(s) of the equipment or peripheral equipment. For associated service(s), cite the serial number(s) and TSA barcode number(s) of the equipment or peripheral equipment for which the service(s) were provided. If the serial number(s) and TSA barcode number(s) are cited on supporting documentation rather than the invoice, the invoice must state, “See attached (title of supporting documentation) for detail.”

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G. 5200.242.004 Property Management Contact (Sep 2016)

The Government Property Administrator: The Office of Acquisition and Program Management

(OAPM) Property Administrator (PA) (to be identified at time of award) is responsible for documenting and accounting for all property purchased under this contract. The PA is the TSA point of contact for any questions dealing with government accountable property for which title is vested with the Government. The Government takes title upon successful and approved Factory

Acceptance Testing (FAT).

G.5 Additional Invoice Instructions for T&M CLINs

All T&M invoices shall comply with FAR 52.232-7 Payments under Time-and-Materials and

Labor-Hour Contracts, which requires adequate substantiation of all time and material costs.

Pursuant to the requirements stated in this clause, T&M invoices shall follow the guidelines in this section unless otherwise stated at the order level. The Contractor is responsible for adequately tracking and recording costs for invoice submissions.

i. All T&M invoices shall be invoiced on a monthly basis. The contractor shall invoice for all travel expenses in a timely manner, but no more than 60 calendar days after any T&M expense has occurred in performance of the contract.

ii. Invoices shall summarize, by CLIN, the not-to-exceed ceiling amount authorized in the contract, gross expenses incurred to date, and the remaining balance.

iii. Invoices shall clearly identify the period for which expenses being invoice were incurred, and if applicable, the airport location/project the expense was for.

iv. By CLIN, identify the labor category and number of hours performed in support of the contract for the billing period being invoiced.

v. Material and ODC expenses may be summarized on the invoice summary sheet but shall be supported with the required receipts or other expense reports to verify evidence of actual payment. Travel expenses shall be broken down to the lowest level (i.e. meals, lodging, and/or other incidental expenses) to verify compliance with H. 5200.231.001

Travel and Per Diem.

vi. For invoices that cover multiple project expenses, costs incurred shall be clearly organized by contract, project name, and corresponding CLIN(s).

vii. Supporting documentation shall be legible and clearly roll up to the totals detailed on any summary pages. Any costs invoiced with illegible receipts or other supporting documentation will not be approved.

viii. For invoice submissions which are too large to submit in a single email, only the high-level invoice and cover pages should be submitted in accordance with G.5200.242.003

Submission of Invoices. The supplemental supporting documentation shall be submitted directly to the Contracting Officer and the Contracting Officer’s Representative in secondary emails, as necessary.

The Contracting Officer may not approve invoices that do not meet the criteria in this section.

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G.8 Contractor Justification for Other Direct Costs (ODCs)

All materials required for performance under the contract issued pursuant to this agreement that are not Government-furnished, shall be furnished by the Contractor. The Contractor shall utilize

Government supply sources when available, including the mandatory-for-consideration DHS commodity contracts as directed by the COR. Ownership of supplies acquired by the Contractor with Government funds, for performance of this agreement, shall rest with the Government. All supplies purchased prior to approval will be deemed an unallowable cost. The Contractor shall include a detailed description of all proposed ODCs in all proposals.

SECTION H, SPECIAL CONTRACT REQUIREMENTS

H.5200.204.001 Major Breach of Safety or Security (DEC 2015)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to

TSA and compliance with safety standards and practices is a material part of this contract. A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of safety must be related directly to the work on the agreement. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or

"repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan.

(b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack. A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of security may occur on or off Government installations, but must be related directly to the work on the agreement. A major breach of security is an act or omission by the Contractor that results in compromise of classified information or sensitive security information or sensitive but unclassified information, including contractor proprietary information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than

$250,000.

NOTE: Breach of Security for the purposes of this definition should not be confused with breach of security in screening operations.

(c) In the event of a major breach of safety or security, the Contractor shall report the breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its

8 | P a g e 2 3 own investigation and report the results to the Government. The Contractor shall cooperate with the Government investigation, if conducted.

H.5200.204.002 Personnel Access (MAR 2016)

1. All Contractor personnel requiring access to TSA facilities, information systems, or information will be subject to the security procedures set forth in this contract.

2. Whenever personal identity verification (PIV) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer’s Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for

PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Security Section, and the COR will advise the Contractor about

Government PIV card issuing facility locations that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.

H.5200.204.003 Notification of Classified Contract (DEC 2015)

(a) Clearance Level. This contract requires security clearance at the SECRET level.

(b) Access to Classified Information. Contractor personnel are required to have access to classified information at the SECRET level.

(c) Place of Performance. The location of performance where classified information will be accessed, produced, safeguarded, or stored is will be TBD.

The Contractor will access classified material at TSA facilities as identified here: TBD

The Contractor will store and safeguard classified material at the following location: TBD in support of program office requirements. If the Contractor supports other government agencies on classified contracts, the TSA classified material shall be stored alone in a separate, GSA-approved safe. Classified information pertaining to other government agencies shall not be stored with the TSA classified information.

H.5200.204.004 Requirements and Duties for Handling Sensitive Security Information

(SSI) (JUL 2015)

Pursuant to 49 U.S.C. § 114(r), Sensitive Security Information and Nondisclosure of Security

Activities, Sensitive Security Information (SSI) is a category of sensitive but unclassified (SBU) information that must be protected because it is information that, if publicly released, would be detrimental to the security of transportation. Under 49 Code of Federal Regulations Part

1520.5(a), the SSI Regulation also provides additional reasons for protecting information as SSI

9 | P a g e 2 3 beyond the condition that the release of the information would be detrimental to the security of transportation. TSA, however, primarily uses the criterion of “detrimental to the security of transportation” when determining whether information is SSI.

Title 49 of the Code of Federal Regulations, Part 1520 defines the scope, categorization, handling requirements and disposition of information deemed SSI is the 49 C.F.R. Part 1520

(http://ecfr.gpoaccess.gov/). Persons authorized to access specific SSI (i.e., covered persons) include those contracted to DHS or TSA with a need-to-know basis for specific information in the course of fulfilling their TSA contractual obligations. TSA may deliver SSI materials to the

Contractor. Also, materials created by the Contractor may require SSI designation and protection, and the Contractor has the responsibility to identify such materials to TSA as possible

SSI. For guidance while working on TSA and DHS matters, see the TSA SSI Application

Guide, 2011_04_01 for identifying the type of information covered by the regulation.

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

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

(a) Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accordance with the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the

DHS and TSA policies and procedures for handling and safeguarding SSI. These safeguarding procedures shall include SSI recognition, identification and marking of materials that possibly contain SSI, including Contractor-created materials, as well as following restrictions on disclosure, storage, handling, sharing, dissemination and destruction of SSI. The Contractor, without exception, shall place this requirement in all subcontracts, joint venture agreements, and teaming agreements related to the performance of this contract.

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

(c) Request for Access to SSI materials. Pursuant to 49 C.F.R. Part 1520.9(a)(3), the

Contractor must contact SSI@tsa.dhs.gov for guidance on handling requests to access to SSI

(before using SSI materials) for any other purpose besides activities falling within the scope of the contract by other persons, including requests from experts, consultants, and legal counsel (“requesters”) hired by the Contractor. The Contractor shall include the Contracting http://ecfr.gpoaccess.gov/ mailto:SSI@tsa.dhs.gov

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Officer (CO) and Contracting Officer Representative (COR) as a carbon copy “cc” recipient of its contact to SSI@tsa.dhs.gov . The TSA SSI Office must first make a determination as to whether the requesters are a “covered person” with a “need to know” under 49 C.F.R.

Parts 1520.7 and 1520.11.

(d) Training and Certification. All Contractor personnel who are covered persons with a need-to- know basis must complete the TSA-mandated SSI Awareness Training course prior to accessing SSI, and on an annual basis for the duration of the contract or for the duration of the requester’s need for access to SSI, whichever is later. Contractor personnel must also review and adhere to the SSI Quick Reference Guide for DHS Employees and Contractors.

The Contractor shall certify to the Contracting Officer annually that all covered persons have completed the mandated SSI training, that all SSI policies and procedures have been followed, and that those individuals with access understand their responsibilities to protect the information.

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

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

For unauthorized disclosure of SSI, the Contractor and Contractor's employees and

Contractor’s covered persons may also be subject to civil penalties and other consequences as set forth in 49 CFR Part 1520.17.

H.5200.209.004 Staff-Like Access Determination for Contractor Employees (FEB 2016)

All contractor employees seeking to provide services to TSA under a TSA contract are subject to a fitness determination to assess whether their initial employment or continued employment on a

TSA contract protects or promotes the efficiency of the agency. TSA, by and through the Office of Security, Personnel Security Section (PerSec), will allow a contractor employee to commence work on a TSA contract only if a review of the contractor employee’s preliminary background check is favorable. Contractor employees with unfavorable preliminary background checks will not be allowed to work on a TSA contract.

A fitness determination involves the following three phases:

Phase 1: Enter On Duty Fitness Determination: a review of a contractor employee’s consumer credit report, criminal history records, and submitted security forms to determine, to the extent mailto:SSI@tsa.dhs.gov https://ishare.tsa.dhs.gov/Offices/LawEnforcementFAMS/SecuritySvcAssessments/SSIBranch/Quick%20Reference%20Guides/SSI%20Quick%20Reference%20Guide%20for%20DHS%20Employees%20and%20Contractors.pdf

11 | P a g e 2 3 possible, if the contractor employee has bad debt and/or criminal offenses and/or falsification issues that would prohibit employment as a TSA contractor. This determination may include verification of citizenship for contractor employees born outside of the United States. A favorable Enter On Duty Suitability Determination is not a final fitness determination; rather, it is a preliminary review of external data sources that allows the contractor employee to commence work prior to the required background investigation being completed.

When a contractor employee is deemed eligible to commence work on a TSA contract, TSA

PerSec will notify the appropriate Contracting Officer’s Representative (COR) of the favorable determination. Similar notifications will be sent when a contractor employee has not passed the preliminary background check and has been deemed unsuitable.

Phase 2: Background Investigation: Once the contractor employee commences work on a TSA contract, TSA PerSec will process all submitted security forms to determine whether the contractor has previously been the subject of a federal background investigation sufficient in scope to meet TSA minimum investigative requirements. Contractor employees who have a federal investigation sufficient in scope will immediately be processed for final fitness adjudication. Those contractor employees who do not have a previous federal background investigation sufficient in scope will be scheduled for the appropriate level background investigation through the submission of their security forms to the Office of Personnel

Management (OPM).

Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after receipt, review, and adjudication of the completed OPM background investigation. The final fitness determination is an assessment made by TSA PerSec to determine whether there is reasonable expectation that the continued employment of the TSA contractor will or will not protect or promote the efficiency of the agency. An unfavorable final fitness determination will result in a notification to the COR that the contractor employee has been deemed unfit for continued contract employment and that he/she shall be removed from the TSA contract.

H.5200.204.005 Non-Federal Access to TSA National Capital Region Facilities (SEP 2016)

(a) Background. Department of Homeland Security (DHS) Visitor Access Policy mandates that visitors, to include all parties such as proposed subcontractors, accessing DHS National

Capital Region (NCR) Component Headquarters and related Headquarters NCR facilities be subject to a criminal history check. To that end, in July 2016, TSA began requiring the submission of Personally Identifiable Information (PII) for all non-federal visitors and foreign national visitors entering TSA facilities in the National Capital Region, including

TSA Headquarters, the Freedom Center, Annapolis Junction, Walker Lane, and the

Transportation Security Integration Facility (TSIF), in order to process the required screening checks. Of note, for contracts requiring access to TSA facilities, information systems, or sensitive but unclassified information as part of contract performance, contractor employees are subject to a suitability determination. (See H.5200.209.004, Staff-Like Access

Determination for Contractor Employees).

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(b) Purpose: The submitted information will be used to conduct screening checks to permit and maintain records of access to DHS NCR facilities pursuant to the authority of 40 U.S.C. §

1315; 41 C.F.R. Part 102-81; Executive Order. 9397.

(c) Applicability: A Non-Federal Visitor or Foreign National Visitor is an individual who has not been issued a DHS Personal Identity Verification (PIV) card or is not a current Federal government employee. Non-TSA current Federal government employees will be recorded in the Visitor Request Form excluding any PII.

(d) Routine Uses: The information requested may be shared externally as a "routine use" to the

Department of Justice, Federal Bureau of Investigation and other government agencies as part of the screening process. A complete list of the routine uses can be found in the system of records notice, "Department of Homeland Security/ALL-024 Facility and Perimeter

Access Control and Visitor Management System of Records."

(e) Consequences of Failure to Provide Information: Providing this information, including Social

Security Number (SSN), is voluntary. However, failure to provide the information requested may result in being denied access to a DHS facility; failure to provide the SSN may prevent completion of screening.

(f) Information Requirements. In accordance with the above:

1. Non-Federal Visitors. Non-Federal visitors to TSA facilities will need to provide Date of

Birth and Social Security Number information. The required information shall be provided in a password protected Microsoft Excel spreadsheet emailed to the Contracting Officer at least one (1) full business day prior to the visit date. (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.) The Contracting

Officer may delegate the receipt of this information to the respective Contracting Officer

Representative (COR). In order to ensure protection of this information, the password for the password protected spreadsheet shall be sent to the Contracting Officer (or delegated COR) in a separate email, at the same time. If multiple non-federal visitors from one company require access to TSA Headquarters facilities, that company should submit a single complete spreadsheet. A DHS/TSA employee shall be responsible for both inputting the information into the Visitor Request Form and actual escorting the visitor(s) at all times. The submitted emails shall then be deleted by TSA.

2. Foreign National Visitors. Foreign Nationals visiting TSA facilities in the U.S. and its territories will need to submit additional information to screening purposes, specifically:

Date of Birth

Gender

Country of Citizenship

Country of Birth

Passport Number and Expiration Date https://www.gpo.gov/fdsys/pkg/FR-2010-02-03/html/2010-2206.htm https://www.gpo.gov/fdsys/pkg/FR-2010-02-03/html/2010-2206.htm

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Position/Title

The required information shall be provided in a password protected Microsoft Excel spreadsheet emailed to the Contracting Officer at least seven (7) full business days prior to the visit date. The Contracting Officer may delegate the receipt of this information to the respective Contracting Officer Representative (COR). In order to ensure protection of this information, the password for the password protected spreadsheet shall be sent to the

Contracting Officer (or delegated COR) in a separate email, at the same time. If multiple

Foreign National visitors from one company require access to TSA Headquarters facilities, that company should submit a single complete spreadsheet. A DHS/TSA employee shall be responsible for both inputting the information into the Visitor Request Form and actual escorting the visitor(s) at all times. The submitted emails shall then be deleted by TSA.

H.5200.212.001 Commercial Applicability (JUL 2015)

This contract is/ is not for commercial item, as defined by FAR 2.1.

H.5200.224.001 Disclosure of Information (JUL 2015)

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

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

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

H.5200.224.002 Controlled Unclassified Information Data Privacy and Protection (DEC

2015)

The Contractor shall be responsible for the security of: i) all data that is generated by the contractor on behalf of the Government ii) Government data transmitted by the contractor, and

iii) Government data otherwise stored or processed by the contractor, regardless of who owns or controls the underlying systems while that data is under the contractor’s control. All Government data, including but not limited to Personal Identifiable Information (PII), Sensitive Security

Information (SSI), and Sensitive But Unclassified (SBU), and/or Critical Infrastructure

Information (CII), shall be protected according to Department of Homeland Security information security policies and mandates.

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

The contractor must satisfy requirements to work with and safeguard Sensitive Security

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

DHS Component Agency

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

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

a. Products Advanced Encryption Standard (AES) algorithms that have been validated under FIPS 140-2.

b. National Security Agency (NSA) Type 2 or Type 1 encryption.

c. Public Key Infrastructure (PKI) (see paragraph 5.5.2.1 of the Department of Homeland

Security (DHS) IT Security Program Handbook (DHS Management Directive (MD)

4300A) for Sensitive Systems).

The contractor shall maintain data control according to the applicable DHS Component

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

Users of Government IT assets shall adhere to all system security requirements to ensure the confidentiality, integrity, availability, and non-repudiation of information under their control. All users accessing Government IT assets are expected to actively apply the practices specified in the

TSA Information Technology Security Policy (ITSP) Handbook, Chapter 3, Section 6, Privacy and Acceptable Use, or similar DHS Component Agency’s guidance or policy.

The contractor shall comply with the all data disposition requirements stated in the applicable

DHS Component Agency’s Information Security Policy. For all TSA contracts the contractor shall comply with Information Security Policy Handbook Chapter 3, Section 17 Computer Data

Storage Disposition, as well as TSA Management Directive 3700.4.

H.5200.228.001 Insurance for Contractor Performance at the Airport (JUL 2015)

The Contractor must have approved insurance on file with each federal airport where work is required. The Contractor is required to procure at its own expense, and keep in effect at all times

15 | P a g e 2 3 during the term of the Contract the types and amounts of insurance specified. Air Carrier

Operating Permits and Leases will have additional insurance coverage requirements. The actual types and amounts of insurance required will be set on an individual basis by each federal airport where work is required based upon the company’s scope of work and airport access required.

For further information regarding Insurance Requirements, please contact the Contracting

Officer.

H. 5200.231.001 Travel and Per Diem (JUL 2015)

The Contractor shall be reimbursed for travel costs associated with this contract. The reimbursement for those costs shall be as follows:

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

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

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

Travel of more than 10 hours, but less than 24 hours, when no lodging is required, per diem shall be one-half of the Meals and Incidental Expenses (M&IE) rate applicable to the locations of temporary duty assignment. If more than one temporary duty point is involved, the allowance of one-half of the M&IE rate is prescribed for the location where the majority of the time is spent performing official business. The per diem allowance shall not be allowed when the period of official travel is 10 hours or less during the same calendar day.

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

All reimbursable Contractor travel shall be authorized through the issuance of a task order executed by the Contracting Officer.

Local Travel Costs will not be reimbursed under the following circumstances:

Travel at Government installations where Government transportation is available

Travel performed for personal convenience/errands, including commuting to and from work; and

Travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor’s or employee’s convenience.

H.5200.236.001 Permit Requirements for Contractor Construction Work at Airports (DEC

The contractor shall obtain all necessary permits and approvals from regulatory authorities at the airport location(s) to allow for the timely completion of the work required under the contract. For further information regarding Permitting Requirements, please contact the Contracting Officer or local airport authority as defined at contract award.

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H.5200.237.003 Security Requirements for Contractor Employees Performing at or in Airport Locations (JUN 2016)

Contractor employees are required to meet all airport security screening requirements which include criminal history, background and fingerprint check. Contractor employees working in this facility will be required to obtain, possess and display a Secure Identification Display Area

(SIDA) badge in accordance with the airport’s physical and personnel security requirements. The Contractor is responsible for any fees associated with lost badges. For further information regarding Security Requirements, please contact the Contracting Officer to obtain the appropriate airport point of contact.

H 5200.237.004 Contractor Responsibility, Conduct and Performance under TSA Service Contracts (JAN 2016)

A. Basic Required Standards of Conduct Related to Business Under Government

Contracts.

1. General. The Government has the basic inherent expectations of timely, focused, effective, and competent performance by the Contractor under a contract. The Contractor has the basic inherent expectation of fair treatment under the contract, where the Contractor’s employees, when in Government facilities or in circumstances where the Government has primary control or responsibility, have the expectation of performance in a safe and non-hostile work environment.

2. Adherence to Standards. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. Contractor employees performing work under this contract shall not:

a) Solicit new business (on-site at government spaces, or while on work during periods paid by Government) while performing work under the contract;

b) Conduct business other than that which is covered by this contract during periods paid by the Government;

c) Conduct business not directly related to this contract while on Government premises;

d) Use Government computer systems or networks, Government property or materials, and/or Government facilities for company or personal business;

e) Recruit while on Government premises or otherwise act to disrupt official

Government business while on Government premises.

f) Discuss with unauthorized persons any information obtained during the performance of work under this contract.

3. Reporting Matters.

a) Illegal and Unethical Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer’s Representative, any illegal or unethical conduct observed, noticed, or discovered while on Government premises or during

17 | P a g e 2 3 periods paid by the Government under this contract, without regard as to the source of such conduct (except that any matter involving only contractor employees, apart from any

Government requirements or the specific requirements of this contract, is deemed to be strictly the concern of the Contractor). The Contractor shall immediately report to the Government all actual or suspected violations of Government information, personnel, or physical security requirements. The Contractor shall fully comply with all of the reporting requirements that are expressed for specified circumstances and issues identified in discrete Federal Acquisition

Regulation or Homeland Security Acquisition Regulation clauses in force under this contract.

b) Emergency Situations While on Government Premises. Contractor employees shall immediately report any emergency situations they may witness (any circumstance where actual or potential loss of life, serious injury, or critical damage to property, or other serious incidents, such as fires, or workplace violence, terrorist activities, or other criminal behavior is occurring ) per standing TSA procedures while they are performing under contract in government facilities.

c) Government Employee Misconduct. In the event of misconduct by a government employee which is observed or witnessed by a contractor employee, (or in the event of any unauthorized conduct to which a Government employee may subject a contractor employee) the contractor employee shall immediately report such to their on-site contractor supervisor or other company-designated management official, the Contracting Officer and/or Contracting Officer’s

Representative.

d) Workplace safety. In the event of any situation involving workplace safety, the contractor employee shall immediately report such to their on-site contractor supervisor or other company -designated management official, the Contracting Officer and/or Contracting Officer’s

Representative.

4. 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.

5. 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.

B. Basic Requirements Affecting Contractor Performance.

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

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2. Limitation on Government Liability. 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.

3. Responsibility for Effective Contract Transitions. 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.

4. The Government observes the following holidays:

New Year’s Day

Martin Luther King, Jr. Birthday

Washington’s Birthday (President’s Day)

Memorial…