SolicR00049.pdf

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B.1 SECTION B – SCHEDULE- SUPPLIES/SERVICES AND PRICES/COSTS

1. BASE AND FOUR OPTION YEARS: The Supplies and Services Branch require services for warehouse laborer (s) to perform physical tasks as required in Section C – Statement of Work (SOW).

Historically, this requirement has required the efforts of one full time lead laborer and two full time laborers. Pricing should represent the total fixed price for the corresponding year. Invoices will be paid on a monthly basis.

CLIN ITEM UNIT QUANTITY TOTAL

0001 BASE YEAR IAW SOW

JB 1

0002 OPTION ONE IAW SOW

0003 OPTION TWO IAW SOW

0004 OPTION THREE IAW SOW

0005 OPTION FOUR IAW SOW

GRAND TOTAL

2. OPTIONAL POSITIONS: Pricing should represent the total fixed price for one optional Material Handling Laborer. Pricing for Clins 6-10 should represent the total fixed price for 3 month increments;

pricing for Clins 10-13 should represent the total fixed price for the year.

Item Number

Skill Category (IAW SOW) UNIT QUANTITY TOTAL

0006 One full time Material Handling Laborer for 3 months

0007 One full time Material Handling

0008 One full time Material Handling

0009 One full time Material Handling

0010 One full time Material Handling Laborer

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0011 One full time Material Handling

0012 One full time Material Handling

0013 One full time Material Handling

B.2 TYPE OF CONTRACT

The Government contemplates award of a Firm Fixed-Price Contract resulting from this solicitation.

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SECTION C – DESCRIPTION, SPECIFICATIONS, WORK STATEMENT

1.0 Introduction

Background The work to be accomplished under this contract is in support of the Department of Homeland Security, Transportation Security Administration, Federal Air Marshal Services (FAMS) - Supplies and Services Branch (SSB). The SSB is located at 200 West Parkway Drive, Egg Harbor Township, New Jersey.

Mission The Mission of the Federal Air Marshal Services (FAMS) is to promote confidence in our National civil aviation system through the effective deployment of Federal Air Marshals who will detect, deter and defeat hostile acts targeting U.S. carriers, airports, passengers and crews. The FAMS Supplies and Services Branch enable the FAMS to fulfill this mission by providing the national management of FAMS property and the logistics function.

Objective The objective of this contract is to obtain contractor support in a wide range of warehouse functions.

2.0 Description of Technical Services Required

The Supplies and Services Branch requires one full time lead laborer and two full time laborers to perform physical tasks. Duties and responsibilities include, but are not limited to:

• performing regularly scheduled mail pickup and delivery,

• performing unscheduled pickup and delivery of supplies and equipment,

• relocating vehicles, such as regular exchanges of GSA leased vehicles or replacing an SUV with a sedan at another location,

• shelving and placing items/inventory supplies in proper storage locations

• performing physical inventories as needed, and

• assisting with projects that generally require physical labor,

• updating inventory system,

• performing shipping and receiving operations,

• occasionally attending project-related meetings.

Duties include some use of automated equipment such as a computer or hand held scanner.

Duties do require:

• the ability to be fluent in written and oral communications in English

• the ability to operate a motor vehicle

• the ability to operate warehouse equipment such as forklifts and electric pallet jacks similar to Yale

Electric Fork Truck model ERC040AG; Yale Electric Pallet Jack model MPB040; and Kalmar Electric Pallet Manlift model OP30. Operator certification is preferred but not required.

• the ability to follow directions and manage time in order to complete assignments.

• a valid state driver’s license,

• the ability to lift at least 50 pounds,

• the ability to work in a diverse environment;

• the ability to hold a secret security clearance.

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Staffing Level

The contractor shall provide full-time, technically-qualified personnel who can perform the duties of providing warehouse labor support to the Supplies and Services Branch. It is anticipated that the work to be performed will be primarily at the Government site. Overtime is not anticipated, but if required, would be authorized in writing by the Contracting Officer prior to its occurrence.

Due to the secure nature of the facility, all individuals supporting this contract must be United States citizens. A contractor employee must be deemed suitable for employment before he/she will be permitted to start work. All proposed personnel will be required to undergo and must pass a National Agency Check (NACI) Investigation. The Government reserves the right to deny access to the facility to any individuals at its sole discretion.

Personnel:

The Contractor shall conduct overall management coordination and shall be the central point of contact with the Contracting Officer’s Technical Representative (COTR) for performance of all work under the contract. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the statement of work.

Contractor shall provide all necessary personnel to accomplish all contract work or service within specified time frames.

All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees are the responsibility of the Contractor.

The Contractor shall conform and require Contractor personnel to conform to similar standards of conduct as government personnel (5 CFR 731). Personnel conditions (such as being under the influence of intoxicating beverages, drugs, etc.), which may interfere with the performance of contract services, will not be permitted. Misconduct of the kind set forth in this paragraph shall cause the Contractor to take disciplinary action against Contractor employee(s), which could result in removal of Contractor employee(s) from government property and work under the contract. When it is necessary to remove personnel, Contractor shall be responsible for fulfilling levels designated in the staffing plan.

The CO may require dismissal from work any individual deemed incompetent or identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population. In such situations, the CO will inform the Contractor and the Contractor will take the appropriate action regarding its employee.

Labor strikes shall not constitute an excuse for nonperformance under the contract.

Contractor employees are expected to dress and present themselves in a manner that is conducive to work. The contractor shall provide employee(s) with an adequate number of shirts with the Contractor’s name clearly visible. The Contractor is expected to ensure that employee(s), at all times, have available and use appropriate protective clothing and gear, i.e.: safety gloves and eye wear, as applicable for the work being accomplished. No shorts, tee shirts, tattered clothing, or inappropriate slogans (including work wear with company names or logos other than subject Contractor) or stereo headsets shall be worn.

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Work Hours

The contractor personnel shall work an eight (8) hour day, Monday through Friday, excluding Federal Holidays. The contractor shall have a thirty-minute lunch break (not included in the 8 hour period) and two (2) fifteen minute breaks, one in the morning and one in the afternoon (these are included in the eight hour period.) Work hours are flexible as long as contractor personnel are working in the SSB between the core hours of 9:00 AM to 3:30 PM, Monday through Friday, with the exception of Federal Government holidays. The Contractor must notify the COTR in advance of leave arrangements.

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 absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked.

For cost reimbursable and time and material (T&M) contracts, the government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

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Government Furnished Resources or Equipment

The Government shall make limited office space available, to include government-issued cell phones, and general office supplies necessary to carry out the functions of this contract.

Contractor Resources

The contractor shall provide any resources or equipment needed to perform under this contract to include safety shoes and glasses, gloves, and other items to ensure compliance with OSHA regulations; reference: Occupational Safety and Health Administration, 29 CFR Part 1910, Personal Protective Equipment for General Industry.

The contractor shall issue to its employees all safety equipment necessary to comply with the provisions of 29 CFR 1910.32 (Personal Protective Equipment) or as requested by the Federal Employer.

Use of Government Owned or leased vehicles

The contractor employees will be required to operate Government leased and/or owned vehicles in accordance with Title 41 CFR 102-34.230 during the performance of this contract. The vehicles will be provided as government furnished property (GFP). The vehicles will remain assigned to the government.

The contractor employees, as a Government contractor, may use the Government motor vehicle as authorized under the following conditions:

• Motor vehicles are used for official purposes only and solely in the performance of the contract.

• Motor vehicles cannot be used for transportation between residence and place of employment, unless authorized in accordance with 31 U.S.C. 1344 and subpart 101-6.4 of this title.

The contractor must establish, in writing, suitable penalties against employees who use, or authorize the use of, such motor vehicles for unofficial purposes or for other than the performance of this contract.

The contractor must pay any expenses or cost, without Government reimbursement, for using such motor vehicles other than in the performance of the contract.

In compliance with government regulation, (see FAR 51.202(a) (2), the Contractor must obtain motor vehicle liability insurance to cover bodily injury and property damage to protect the contractor and the government against third-party claims arising from the use of GSA Fleet vehicles. Documentation of insurance coverage must be provided to the Contracting Officer.

Section 508 Compliance There is no procurement of Electronic and Information Technology (EIT) anticipated under this task, but in the event that EIT is procured, it must and shall comply with the standards of 36 CFR 1194 which implements Section 508 of the Rehabilitation Act of 1973.

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Transition Period:

Prior to contract start date, the COTR will provide the Contractor with an orientation to properly explain the work and familiarize the Contractor with facilities and regulations. The Contractor is responsible for orientation of contractor personnel.

3.0 On-Site Supervision and Other Administrative Considerations

Technical direction.

The Contractor shall provide a Lead Handler to facilitate Government-Contractor communications and technical direction. The Lead Handler shall be the primary technical and managerial interface between the Contractor and Contracting Officer (CO) and the COTR. Any delivery or performance time periods will be established at that time. It may be necessary for the COTR to adjust time periods or to change the priority of projects.

The Lead Handler will receive work schedules weekly, which will be generally repetitive in nature.

Unscheduled tasks will be forwarded to the Lead Handler as they occur. Some tasks will require personnel to travel to a location where they will not be directly supervised.

The Lead Handler will have full authority to act for the contractor on all contract matters relating to daily operations.

The Lead Handler must be available during normal duty hours, as specified herein and to meet (either in person or by phone) with government personnel within 24 hours to discuss problems, as arranged by the

COTR.

Security Requirements

The Contractor will ensure that each employee completes the appropriate security forms required by the Transportation Security Administration -Federal Air Marshal Services, in order to conduct local background check and appropriate national agency check(s). If the background security check reveals that the employee does not meet TSA-FAM’s suitability standards, he/she will not be allowed to work at the FAM’s facility. TSA-Security will notify the contracting office prior to notifying the Contractor to remove the employee from the facility.

Unacceptable Employee: If the CO receives an unsuitable report on any employee after processing of these forms, or if the COTR finds a prospective employee to be unacceptable or unfit for his/her assigned duties, the Contractor shall be advised that such employee cannot continue to work or be assigned to work under this contract. The Contractor shall immediately relieve that employee of all duties and responsibilities related to this contract.

The Contractor will be responsible for all lost articles found by his/her employees being turned in at a location designated by the COTR.

Replacement Personnel

Personnel provided under this contract are critical to the mission of the FAMS. The contractor is expected to minimize employee turnover with respect to personnel performing under this contract.

Although the Government recognizes that the Contractor cannot compel any individual to remain under its employ, any replacement personnel proposed shall be at least as qualified as the individuals being

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replaced. A resume shall be submitted for replacement personnel prior to the time the personnel change is expected to occur. The Government will review the resume to ensure compliance with this provision as well as all other requirements of this contract.

Forms shall also be submitted for all replacement personnel not later than seven (7) calendar days before he/she begins performing contract work.

Safety Requirements

1.10.1 Safety: All work shall be conducted in a safe manner and shall comply with OSHA requirements. If the Contractor fails or refuses to promptly comply with safety requirements, the CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken.

No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the contractor. The contracted work area is Federal property, and rules and regulations issued by DHS/TSA or their appointed representative(s) exercising authority covering fire, safety, sanitation, severe weather requirements, access to the property, conduct of operations, etc. shall be observed by the Contractor and his/her employees. The regulations include:

1.10.2 Fire Prevention: Contractor and his/her employees shall be cognizant of, and observe all requirements for handling and storage of combustible supplies and materials, daily disposal of combustible waste, trash, etc., in accordance with National Fire Code and National Board of Fire Underwriters. The contractor shall familiarize him/herself and his/her employees with methods of turning in a fire alarm and operating the fire alarm system.

1.10.3 Safety Rules: All rules of safety which are or may be imposed upon the contractor by Federal, state or local code shall be effectively carried out in the performance of the services set forth herein. Contractor shall take proper safety and health precautions to protect the work, the employees, the public and the property of others. Prior to start of work, Contractor shall be required to discuss and develop a mutual understanding relative to administration of the safety program.

1.10.4 O&M Safety: The Contractor shall formulate in writing a comprehensive program to implement the general policies and procedures for safe warehouse labor support services operations.

The program shall include provisions for employee responsibility for working safely, indoctrination and training of employees, public safety activities and responsibilities for implementation of regulations pertaining to fire prevention, and maintenance of an adequate fire protection plan. The Contractor safety program shall ensure that hazards to the public are not permitted within Contractor work areas. The Contractor shall coordinate with the CO in making periodic inspections of the Contractor activities to ensure that hazards to the public do not exist.

1.10.5 Clothing and Personnel Safety Equipment: Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short sleeve shirt, long trousers, and safety toe shoes. Hard hats and seat belts shall be provided by the contractor as needed when engaged in work, which requires such protection. All personal protective equipment must be provided by the Contractor. Contractor and contractor’s employees shall be identified by a standardized, distinctive emblem, patch or shirt with Contractor’s name/logo attached in a prominent place to an outer garment.

1.10.6 Personal Safety Training: The Contractor shall provide training for each employee covering safe work practices, proper housekeeping, and fire protection. Safety meeting of all Contractor employees shall be held monthly to discuss the operation of Contractor safety program.

1.10.7 Damage Reports: In all instances where Government property and/or equipment is damaged by Contractor employees, a full written report of the fact and extent of such damage shall be submitted to the CO within twenty-four (24) hours of the occurrence.

1.10.8 Accident Reports: The Contractor shall comply with OSHA and other regulatory requirements for record keeping and reporting of all accidents resulting in death, trauma, occupational disease or environmental damage. The Contractor shall provide a verbal report to the CO within four (4)

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hours of occurrence and a written follow-up report within three (3) working days of occurrence (in the matter and on the forms prescribed by the CO) whenever an accident involving personal injury occurs.

1.10.9 Employee Awareness: Contractor shall inform his/her employees of hazards that may be encountered in their working environment and those connected with the performance of particular tasks.

SECTION D -- PACKAGING AND MARKING

D.1 PACKING, PACKAGING AND MARKING

All packing and marking of supplies and documents shall be packaged, packed and marked in accordance with commercial practices.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION

See Section I Contract Clauses: FAR 52.212-4 Contract Terms and Conditions – Commercial Items (June 2010).

SECTION F DELIVERIES OR PERFORMANCE

F.1 Place of Performance

The principal place of performance of this contract is FAMS Support Services Facilities, 200 West Parkway Dr, Suite 300, Egg Harbor Township, NJ 08234

F-2 Period of Performance

Period of Performance for this contract is expected to commence on or about:

Base Period – September 5, 2011 through September 4, 2012.

This contract shall also contain four one year option periods to be exercised solely at the Government’s discretion as shown below:

Option Period One: September 5, 2012 through September 4, 2013 Option Period Two: September 5, 2013 through September 4, 2014 Option Period Three: September 5, 2014 through September 4, 2015

Option Period Four: September 5, 2015 through September 4, 2016

F-3 Delivery of Reports

Unless otherwise specified, all reports shall be emailed to the following addresses:

James.W.Galvin@secureskies.net Kathleen.M.Fleming@secureskies.net Grace.P.Kelly@secureskies.net mailto:James.W.Galvin@secureskies.net� mailto:Kathleen.M.Fleming@secureskies.net� mailto:Grace.P.Kelly@secureskies.net�

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SECTION G CONTRACT ADMINISTRATION DATA

G.1 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: Grace Kelly

PHONE NUMBER: 609-813-3362

EMAIL: Grace.P.Kelly@secureskies.net

G.2 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) AND

TECHNICAL MONITORS

G.2.1 The principle role of the COTR 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 COTR 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 COTR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

G.2.2 The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Technical Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.

TSA COTRs:

NAME: James Galvin

PHONE NUMBER: 609-813-3317

EMAIL: James.W.Galvin@secureskies.net mailto:Grace.P.Kelly@secureskies.net� mailto:James.W.Galvin@secureskies.net�

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G.2.3 The COTR(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 COTR, will be promptly provided to the Contractor by the Contracting Officer in writing.

G.2.4 The responsibilities and limitations of the COTR are as follows:

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

• The COTR may designate assistant COTR(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 COTR will maintain communications with the Contractor and the Contracting Officer. The COTR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.

• The COTR 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 COTR 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 COTR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.

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

• The COTR is not authorized to issue stop-work orders. The COTR 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 COTR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.

G.2.5 The responsibilities and limitations of the TM are as follows:

• Coordinating with the COTR 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 COTR for consideration.

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

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

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

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• 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.3 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 http://www.fincen.uscg.mil/�

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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.”

https://www.fincen.uscg.mil/� https://www.fincen.uscg.mil/secure/payment.htm�

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(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.)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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.3 PRE-EMPLOYMENT SECURITY SCREENING OF CONTRACTOR EMPLOYEES

(May 2006)

A. All employees assigned to work in a Transportation Security Administration (TSA) facility, inclusive of all airports nationwide, under this contract will be required to undergo a pre-employment security screening investigation prior to being permitted to report to work. The Contractor shall ensure that each employee meets the following criteria:

1) Contractor employees must be US Citizens or Legal Permanent Residents. Only US Citizens can access TSA’s Information Technology (IT) Systems.

2) Contractor employees must undergo a favorable Background Investigation.

a) The following Background Investigation Security Paperwork must be completed by the contractor employee and given to the Contracting Officer’s Technical Representative (COTR) at least thirty-five (35) days prior to the employment start date:

1) Effective May 15, 2006, all SF-86’s will be completed through eQip instead of using paper. COTR’s please contact the Office of Security, HSTS07-11-R-00049 16

Personnel Security Division, Electronic Filing Unit (EFU) for instructions. Call: 571-227-2786/571-227-3039. Or email: e- QIPcustomerservice@dhs.gov

2) Form FD 258, Fingerprint Cards. (Two (2) original Fingerprint Cards are required to be completed and signed by the person taking the fingerprints. Fingerprints can be taken by local law enforcement agencies.)

3) TSA Form 2201, Fair Credit Reporting Act Form.

b) The COTR will submit the Background Investigation Security Paperwork to the TSA Office of Security, Personnel Security Division (PSD). This submission must take place at least thirty (30) days prior to the employment start date.

c) When a contractor employee voluntarily or involuntarily leaves his/her employment under a contract with TSA, the contractor must obtain and return the contractor employee’s badge to the COTR on the contractor employee’s last day of work at a TSA facility, inclusive of all airports nationwide. The COTR will return the contractor employee’s badge to the Office of Security, Physical Security Division.

B. As stated above, contractor employees requiring staff-like access to TSA facilities on a recurring basis (more than 14 days per year) must have a favorably adjudicated fingerprint based criminal history record check, credit check and search of the Office of Personnel Management, Security/Suitability Investigations Index, prior to being issued a permanent TSA Headquarters photo access pass. COTRs should advise the Office of Security, Physical Security Division, if the contract on which the contractor is working will last 90 days or less. Record checks may be conducted prior to or concurrently with a National Agency Check and Inquiries and Credit (NACIC) investigation. The NACIC is the minimum investigative standard for TSA contractor employees.

C. Contractor employees requiring temporary facility access for one to fourteen days or facility maintenance, routine delivery, etc., require only a fingerprint check and/or National Crime Information Center (NCIC) records check.

D. A contractor that participates in the National Industrial Security Program (NISP) may, through their COTR certify, in writing, that their employees have met the standard defined in Paragraph B. above.

Address for Office of Security, Personnel Security Division:

Transportation Security Administration Office of Security, Personnel Security Division 601 South 12th Street, 8th Floor Arlington, VA 22202 Attention: Robin Richardson

H.4 GOVERNMENT-ISSUED KEYS, ID BADGES, VEHICLE DECALS (JULY 2002)

(a) It may become necessary for the Government to issue keys, identification (ID) cards, vehicle decals, and/or access control cards to contractor employees. Prior to or upon completion or termination of the work required hereunder, the contractor shall return all such Government-issued items to the issuing office with notification to the Contracting Officer's Technical Representative (COTR). When contractor employees who have been issued such items are terminated or no longer required to perform the work, the

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Government-issued items shall be returned to the Government within three workdays or upon termination of the contract or the employee. Improper use, possession or alteration of FAMS issued keys, ID cards and/or vehicle decals is subject to penalties under Title 18, USC 499, 506, and 701.

(b) In the event such keys, ID cards, or vehicle decals are not returned, the contractor understands and agrees that the Government may, in addition to any other withholding provision of the contract, withhold $50.00 for each key, ID card, and vehicle decal not returned. If the keys, ID cards, or vehicle decals are not returned within 30 days from the date the withholding action was initiated, any amount so withheld will be forfeited by the contractor.

(c) Access to aircraft ramp/hangar areas is authorized only to those persons displaying a flight line identification card and for vehicles, a current ramp permit issued pursuant to Part 107 of the Federal Aviation Regulations.

(d) The Government retains the right to inspect inventory, or audit ID cards, keys, vehicle decals, and access control cards issued to the contractor in connection with the contract at the convenience of the Government. Any items not accounted for, to the satisfaction of the Government shall be assumed to be lost and the provisions of section (b) shall apply.

(e) Keys shall be obtained from the COTR who will require the contractor to sign a receipt for each key obtained. Lost keys, ID cards, vehicle decals, and access control cards shall immediately be reported concurrently to the Contracting Officer (CO), COTR, and ACT-8. Electronic keying cards are handled in the same manner as metal keys.

(f) Each contract employee, during all times of on-site performance at the Technical Center, shall prominently display his/her current and valid identification card on the front portion of his/her body between the neck and waist.

(1) Prior to any contractor employee obtaining any ID media or vehicle decals, the contractor shall submit complete documentation required under clause 3.14-2, Contractor Personnel Suitability Requirements and shall be approved to begin work by the SSE.

(2) To obtain the ID card, contractor employee shall submit an identification Card/Credential Application (DOT 1681) signed by the contractor employee and authorized by the CO or the COTR. . The DOT 1681 shall be submitted at the same time the personnel security investigation paperwork required by AMS clause 3.14-2, Contractor Personnel Suitability Requirements is submitted. The DOT 1681 shall contain, as a minimum, under the "Credential Justification" heading, the name of the contractor/company, the contract number or the appropriate acquisition identification number, the expiration date of the contract or the task (whichever is sooner), and the required signatures. This paperwork shall be submitted to ACT-8 by the contractor in a sealed envelope either hand carried by the contractor or sent via U.S. mail to:

DOT/FAA WJH Technical Center, Civil Aviation Security Staff, ACT-8, Atlantic City International Airport, NJ, 08405. The contractor will be notified when the DOT 1681 has been approved and is ready for processing by the Security Specialist at ACT-8. Arrangement for processing the identification cards, including photographs and lamination can be made by contacting the Contracting Officer.

(3) The contractor's lead handler shall receive and sign for each ID card issued on the reverse of the DOT 1681. The DOT 1681 will be tracked by the Government for accountability purposes.

(g) The contractor is responsible for ensuring final out-processing is accomplished for all departing contractor employees. Final out-processing will be accomplished by close of business the final workday of the contractor employee or the next day under special conditions. FAA Technical Center Security and

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Identification System Access Clearance Form will be completed by the contractor and copies will be distributed to the COTR, CO, and ACT-8 after completion.

H.5 CONTRACTOR’S RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT, AND

SUPPLIES

If, due to the fault or neglect of the Contractor, his agents, or employees, damages are caused to any Government property, equipment, stock or supplies, during the performance of this contract, the Contractor shall be responsible for such loss or damage and the Government, at its option, may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property. The Contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract. All telephones are for conducting official Government business only.

H.6 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.

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H. 7 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.8 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.9 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.10 ADVERTISING OF AWARD

The contractor shall not refer to contract awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

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H.11 MAJOR BREACH OF SAFETY OR SECURITY

(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…