MSEDS RFP-70T04024R7672N002.pdf

Request for Proposal Transportation Security Administration

Medium Speed Explosive Detection Systems (MSEDS)

70T04024R7672N002

CONTENTS

PART I- The Schedule

Section A- Standard Form 1449 Section B- Supplies and Services

Section C – Statement of Work Section D – Packaging and Marking Section E- Inspection and Acceptance Section F – Deliveries or Performance

Section G- Contract Administration Data Section H- Special Contract Requirements

PART II- Provisions and Contract Clauses

I- Solicitation Provisions and Contract Clauses PART III Solicitation Documents, Exhibits, or Attachments

J- List of Attachments

PART IV Representations and Instructions Section K- Representations, certifications, and other statements of offerors Section L- Instructions, conditions, and notices to offerors or respondents

Section M- Evaluation Factors for Award

PART I- THE SCHEDULE

SECTION A- STANDARD FORM 1449

[Fully executed SF 1449 shall be provided at time of award]

SECTION B- SUPPLIES AND SERVICES

B.1 GENERAL

The purpose of this Request for Proposal (RFP) solicitation is to procure and install Medium Speed Explosive Detection Systems (MSEDS) and the necessary ancillary equipment and services. The proposed MSEDS must be qualified under the associated Qualified Products List (QPL) in accordance with FAR 52.209-1 -- Qualification Requirements.

The awarded contract resulting from this solicitation will only be for systems that are qualified.

Offerors must provide verification the proposed MSEDS is qualified as part of the proposal submission.

Additional details are outlined in RFP Section L.9 Proposal Submission Instructions. If the Offeror’s system has not been qualified by the proposal due date, the offeror’s proposal will not be evaluated and will be removed from award consideration.

B.2 CONTRACT TYPE

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

B.3 CLIN SCHEDULE

The below table outlines the Firm Fixed Price (FFP) CLIN structure of this RFP. Offerors must utilize Attachment A, CLIN Schedule, when submitting their Volume III Factor 4 Price Proposal. All FFP CLINs and Optional CLINs shall include any labor, materials, and travel costs in the total unit CLIN price.

Table 1: CLIN Schedule

CLIN CLIN Description Units Quant ity Unit Price Extended Price

Reserved- This CLIN is reserved to preserve uniform numbering across EDS production and installation contracts.

Project Coordination 0002 Project Coordination- Base Year Month 12 $ $ 1002 Project Coordination- Option Year 1 Month 12 $ $ 2002 Project Coordination- Option Year 2 Month 12 $ $ 3002 Project Coordination- Option Year 3 Month 12 $ $ 4002 Project Coordination- Option Year 4 Month 12 $ $ 5002 Project Coordination- Option Year 5 Month 12 $ $ 6002 Project Coordination- Option Year 6 Month 12 $ $ 7002 Project Coordination- Option Year 7 Month 12 $ $

MSEDS Equipment, Ancillary Equipment, and Services

0003 Airport Design and Preplanning Technical Consultation/Support

Per Airport (Each)

4 $ $

0004 MSEDS Scanner Installation & Site Acceptance Test (SAT) [Optional]

Per EDS (Each) 28 $ $

0005 MSEDS Integration Services [Optional] Per EDS (Each) 28 $ $

CLIN CLIN Description Units Quant ity Unit Price Extended Price

0006 MSEDS Network Installation and Network Acceptance Test (NAT) [Optional]

Per EDS (Each) 28 $ $

0007 MSEDS Integration Site Acceptance Testing (ISAT) Support [Optional]

Per EDS (Each) 28 $ $

0008 Operator Training [Optional] Per class (Each) 14 $ $

0009 30-Day Run-in Support Service [Optional] Per EDS (Each) 28 $ $

0010 Medium Speed Explosive Detection System Scanner (MSEDS) [Optional] Each 28 $ $

0011 Primary Viewing Station (PVS) [Optional] Each 28 $ $ 0012 Secondary Viewing Station (SCS) [Optional] Each 140 $ $

0013 Secondary Viewing Station Mounting Kit [Optional] Each 140 $ $

Reserved- This CLIN is reserved to preserve uniform numbering across EDS production and installation contracts.

0015 Printer [Optional] Each 14 $ $ 0016 Network Equipment Package [Optional] Each 7 $ $ 0017 Master Control Station [Optional] Each 7 $ $ 0018 Seismic Anchors [Optional] Each 12 $ $

Maintenance Services

0019 Initial 2-Year Maintenance Services [Optional] Per EDS (Each) 28 $ $

1019 Extended 2-Year Maintenance Services [Optional]

Per EDS (Each) 28 $ $

Total (Base Period + optional CLINS): $

B.3.1 OPTION FOR MODIFIED QUANTITIES

The Government may exercise Optional CLINs 0004 - 1019 at less than or equal to the quantity called for in the Schedule at the unit price specified. The CLINs may be exercised more than once up to the maximum quantity specified per CLIN.

B.3.2 DISINCENTIVES APPLICABLE TO PRICE

Disincentives are incorporated into this contract as part of the maintenance performance assessments.

Specific disincentive information is found in Section G.4.1 Invoices for Maintenance CLINs 0019 & 1019.

B.4 PERIOD OF PERFORMANCE

The period of performance is a base year and seven (7) option periods.

Table 2: Period of Performance

Contract Year Period of Performance Base Period September dd, 2024- September dd, 2025 Option Period 1 September dd, 2025- September dd, 2026 Option Period 2 September dd, 2026- September dd, 2027 Option Period 3 September dd, 2027- September dd, 2028 Option Period 4 September dd, 2028- September dd, 2029 Option Period 5 September dd, 2029- September dd, 2030 Option Period 6 September dd, 2030- September dd, 2031 Option Period 7 September dd, 2031- September dd, 2032

Note: dd- Dates to be filled in at time of award.

B.5 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) administering the contract award resulting from this solicitation has responsibility for ensuring the performance of all necessary actions for ensuring compliance with the terms of this Contract, effective contracting, and safeguarding the interests of the United States in its contractual and legally binding agreements. The CO administering the resulting award is the only individual who has the authority to enter into, administer, or terminate this award and is the only person authorized to approve changes to any of the requirements under the award.

SECTION C – STATEMENT OF WORK

Please see Attachment B for the SOW.

SECTION D – PACKAGING AND MARKING

D.1 TRANSPORTATION SECURITY SCREENING EQUIPMENT

PACKAGING AND MARKING (JUNE 2024)

The Contractor shall preserve, pack, and mark all supplies to be furnished under this contract in accordance with standard practices as defined in Title 49 of the Code of Federal Regulations as well as STM-D-3951 (Standard Practice for Commercial Packaging) for the packaging of supplies and equipment for shipment or storage.

If this contract is to acquire new Transportation Security Equipment (TSE) or provides qualifying peripherals (defined as those meeting the acquisition cost threshold of $5,000.00 or that have the ability to store Sensitive Security Information (SSI), the Contractor shall ensure a “TSA Form 251/251-1 – Vendor Shipping and Receiving Report” is processed and included in each shipment. Existing equipment shall include a Department of Defense (DoD) “Requisition and Invoice/Shipping Document” Form 1149 in accordance to contract specifications.

Upon award, the Contractor shall request TSA barcodes from the GPA. Prior to packaging, the Contractor shall ensure TSA barcode(s) are physically attached on the units and peripherals each meeting the acquisition cost threshold of $5,000.00 or that have the ability to store SSI. The Contractor shall request exact placement instructions of TSA barcodes with the GPA and COR.

The Contractor shall mark all deliverables on the outside of the packaging with the following:

a. TSA Contract and/or Order Number

b. Contractor’s Name and Address

c. List of Contents

d. Date of Submittal

e. Serial number: The serial number shall be clearly identified on the top and at least two sides of the crate/package. The Contractor shall notify the GPA if the equipment does not have a barcode.

The Contractor shall ensure that packaging meets Department of Transportation/ International Aviation Transport Association standards outlined in 49 CFR and is sufficient to prevent damage or deterioration to supplies and ensure packaging can sustain more than one shipment to minimize cost to the government.

D.2 PREPARATION FOR DELIVERY

In addition to any requirements established in Transportation Security Screening Equipment Packaging and Marking (see Section D.1) the contractor must comply with the following requirements:

D.2.1 PACKAGING REQUIREMENTS

All equipment and components shall be packaged and marked in accordance this section. Contractors using reusable type container shall reuse containers from previous deliveries; Contractor must coordinate the return of containers for next delivery. Exchange and Repair (E&R) items shall be packaged in reusable type containers to facilitate round trip shipments between facilities and the repair source. Common hardware items shall be packaged in multiple unit pack quantities as normally supplied through retail trade channels or in standard commercial unit packed quantities compatible with unit of issue (i.e., unit of issue is gross, the unit of package is gross). All common hardware items shall be packaged and marked in accordance with ASTM-D-3951.

D.2.2 STORAGE REQUIREMENTS

The Contractor shall identify any unique storage requirements for the unit(s) and related equipment. In addition, each unit, intermediate, and exterior container, shall be clearly marked to identify contents.

All deliverables shall cite the Transportation Security Administration as the contracting agency, and shall be clearly marked with the contract number.

D.2.3 SECURITY

Any documents containing SSI as defined in 49 CFR Parts 15 and 1520 must contain the following statement: "WARNING: This record contains Sensitive Security Information that is controlled under 49 CFR Parts 15 and 1520. No part of this record may be disclosed to persons without a "need to know ", as defined in 49 CFR Parts 15 and 1520, except with the written permission of the Administrator of the Transportation Security Administration or the Secretary of Transportation. Unauthorized release may result in civil penalty or other action. For U.S. Government agencies, public disclosure is governed by 5 U.S.C. 552 and 49 CFR Parts 15 and 1520." The Contractor must request written Government approval prior to release of any information, text, images, or video associated with this SOW.

D.2.4 DD-245

Contractor shall develop, apply, and maintain effective security practices for classified contracts in accordance with FAR 52.204-2, Security Requirements, incorporated by reference in this contract.

CDRL: C019, DD-254

D.2.5 Reserved

D.2.6 USE AND SENSITIVITY OF RECORDS

All TSA and other Government forms, records, reports, and data to which Contractor personnel must have access are the property of TSA and are to be used solely for performing the work described in this SOW. Contractor personnel must not use, disclose, or retain any materials except as described in this SOW or as directed by the COR.

D.2.7 SECURITY AND PRIVACY

When required, database firewalls and protections must conform to Federal Information Security standards regarding access and protection of classified information.

Any TSA information made available or to which access is provided, and which is marked or must be marked "Official Use Only," must be used only for the purpose of carrying out the provisions of this SOW and must not be divulged or made know n in any manner to any person except as may be necessary in the performance of the SOW. Disclosure to anyone other than an officer or employee of the Contractor or subcontractor at any tier must require prior written approval of the TSA. Requests to make such disclosure should be addressed to the TSA Contracting Officer.

Each Officer or employee of the Contractor or subcontractor at any tier to whom "Official Use Only" information may be made available or disclosed must be notified in writing by the Contractor that "Official Use Only" information disclosed to such officer or employee can be used only for the purpose and to the extent authorized herein, and that further disclosure of any such "Official Use Only" information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, must be guilty of a crime punishable by a fine or imprisonment of up to ten (10) years or both.

TSA Security Policies must be adhered to for development of all applications, databases, and data integrity. Additionally, the Contractor must satisfy requirements to work with and safeguard SSI. All support personnel must understand and rigorously follow the DHS and TSA requirements, policies, and procedures for safeguarding SSI. The following policy publications and directives apply:

• National Industrial Security Program;

• Industrial Security Program;

• Protection of Sensitive Security Information; Personnel Security Program; and

• Sensitive Security Information (SSI)

These publications must be adhered to in support of Media Protection, Access Control, Auditing, Network Security, Rules of Behavior, Personnel Security, Physical Security, Training and Awareness, Security Incident Reporting, Contingency Planning, Security Review and Reporting, and Contract Close Out.

D.2.8 DATA SECURITY

The Contractor must be responsible for the security of all data generated by the Contractor on behalf of TSA, TSA data transmitted by the Contractor, and TSA data otherwise stored or processed by the Contractor, regardless of who ow ns or controls the underlying systems while those data are under the Contractor's control. All TSA data, including but not limited to Personally Identifiable Information

(PII), SSI, Sensitive but Unclassified (SBU), and Critical Infrastructure Information (CII), must be protected according to DHS and TSA security policies and mandates.

At the expiration of the Contract, the Contractor must return all TSA information and IT resources provided to the Contractor during the Contract and provide a certification that all assets containing or used to process TSA information have been sanitized or destroyed in accordance with TSA security policy. The Contractor will certify in writing that sanitization and/or destruction has been performed.

D.2.9 PROJECT PERFORMANCE

The Contractor shall provide, implement, and maintain a Security Program Plan (SPP) based on the templates provided by TSA IT Security as part of the required security compliance documentation. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this SOW. The security controls contained in the plan shall meet the applicable requirements listed in the TSA Information Assurance Handbook, Security Policy Handbook Chapter 3, Section 21, Information Security Documentation. The SPP shall be submitted within thirty (30) days after contract award. The SPP shall be considered a living document; it will be reviewed and updated semiannually to address new processes, procedures, technical or federally mandated security controls and other contract changes that affect the security of IT resources under the SOW. It shall be consistent with and further detail the approach contained in the Contractor's proposal or quote that resulted in the award of the SOW and be in compliance with the requirements stated in the security clause(s) in the SOW.

The Contractor shall deliver Security documents in accordance with the following referenced CDRL:

CDRL: C021, Security Program Plan (SPP).

Hardware or software configuration changes shall be in accordance with the TSA CM Policy and TSA Enterprise and Security Architecture standards. The TSA Chief Information Security Officer (CISO) or IT Security must be informed of and involved in all configuration changes to the TSA IT environment including systems, software, infrastructure architecture, infrastructure assets, and end user assets. The Contractor shall comply with requests to be audited and support audit activities (such as requests for system access for penetration testing, vulnerability scanning, incident response, forensic response, etc.).

D.2.10 SECURITY POLICY

The Contractor shall ensure that its employees follow all policies and procedures governing physical, environmental, and information security described in the various TSA regulations pertaining thereto, good business practices, and the specifications, directives, and manuals for conducting work to generate the products as required by this Contract. Personnel will be responsible for the physical security of their area and GFE issued to them under the provisions of the SOW. The Contractor shall coordinate in advance with all sites to ensure all Contractor personnel are familiar with and comply with the security requirements. Work delays that are caused by Contractor personnel security issues will be considered inexcusable delays in performance.

D.2.11 GOVERNMENT FURNISHED PROPERTY

No existing GFP will be provided for this effort.

SECTION E- INSPECTION AND ACCEPTANCE

E.1 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference.

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

ADDENDUM - FAR 52.212-4

Exception: The following paragraphs are supplemental or replaced by the SOW language or additional clauses incorporated into this contract as noted:

(a) Inspection/Acceptance

(1) General.

Inspection and acceptance of all work and services performed under this contract will be in accordance with the appropriate FAR clauses and SOW sections, as applicable. Final acceptance of all deliverables and or services performed as specified in the SOW.

(2) Scope of Inspection.

All deliverables will be inspected for content, completeness, accuracy and conformance to SOW requirements by the COR. The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance or rejection unless otherwise specified in the relevant SOW section.

(3) Basis of Acceptance The basis for acceptance shall be compliance with the requirements set forth in the Statement of Work, as well as other terms and conditions of this contract. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected. Non-conforming products or services will be rejected. Any rejected deliverable items shall be corrected in accordance with the applicable clauses. Unless otherwise agreed by the parties, deficiencies will be corrected within 30 calendar days of the rejection notice. If the deficiencies cannot be corrected within 30 days, the Contractor will immediately notify the Contracting Officer of the reason for the delay and provide a proposed corrective action plan within 10 working days.

(4) Review of Deliverables

The Government will provide written acceptance, comments and/or change requests, if any, within thirty (30) business days, from receipt by the Government of the deliverable unless otherwise stated in the relevant SOW section. Upon receipt of the Government comments, the Contractor shall have up to 30 business days (timeframe is indicated on CDRL) to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form. If written acceptance, comments and/or change requests are not issued by the Government within 30 calendar days of submission, the draft deliverable shall be deemed acceptable as written and the Contractor may proceed with the submission of the final deliverable product.

(o) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. This is superseded by Section 3.12 of the SOW.

(p) Limitation of liability Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

This is replaced by SOW Section 3.12, as well FAR Clauses 52.246-24, with Alternate 1 and FAR Clause 52.246-25, both incorporated by reference below, and FAR 52.246-19 and 52.246-20 incorporated by Full Text Below.

(n) Title Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the government upon acceptance regardless of when or where the government takes physical possession.

For CLIN 0010, only: Regarding paragraph (n) Title, title to items furnished under this contract shall pass to the government when the government takes physical possession of the MSEDS unit at the location designated by the COR.

E.3 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE

SPECIFICATIONS OR DESIGN CRITERIA

FAR 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria (May 2001)

(a) Definitions. As used in this clause-

"Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

"Defect" means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.

"Supplies" means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also mean "data."

(b) Contractor's obligations.

(1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor 2-Year.

(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall-

(i) Promptly correct the defect; or

(ii) Promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 30-days within the discovery of the defect. Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within 30-days of notification a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within 30-days of notification to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.

(7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

(10) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation under this contract.

(c) Remedies available to the Government.

(1) The rights and remedies of the Government provided in this clause-

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within 15-days after receipt of the Contractor's recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at TBD - affected location.

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5)(i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to-

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(C) Prepare and furnish data and reports as required by paragraph (b)(5) of this clause.

(ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer's written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise-

(i) Obtain detailed recommendations for corrective action and either-

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government.

(End of clause)

E.3 WARRANTY OF SERVICES

FAR 52.246-20 Warranty of Services (May 2001)

(a) Definition." Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 52.246-20 30-days of discovery.

This notice shall state either-

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 TRANSPORTATION SECURITY EQUIPMENT SHIPPING

REQUIREMENTS (JUNE 2024)

The Contractor shall coordinate all inbound and outbound shipments and moves of government property with the GPA and the COR. The Contractor shall ship units F.O.B Destination (with the exception of CLIN 0010 MSEDS Scanner, to be shipped F.O.B Origin) for locations within the United States and U.S. Territories (if not instructed otherwise by the Contracting Officer in advance to ship elsewhere). The Contractor shall provide the Government with tracking information for all government property in transit.

The Contractor shall include the terms of this special contract requirement in all subcontracts awarded under this contract.

F.2 TRANSPORTATION SECURITY EQUIPMENT SHIPPING

DOCUMENTATION REQUIREMENTS (JUNE 2024)

The Contractor shall provide the following documents when shipping systems:

• Safety Data Sheet: in accordance with Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) (29 CFR 1910.1200(g) and Federal Acquisition Regulation (FAR) 52.223-3 – Hazardous Material Identification and Material Safety Data; and Federal Standard No. 313, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities; or an official letter affirming that the shipment does not contain radioactive/hazmat materials

• Standard Configuration Report: The Standard Configuration Report shall include the following:

o Picture of the Equipment o Manufacturer o Model Number o Description o Standard (TSA Barcode Number, Acquisition Costs, Peripherals, Allocated Other

Direct Cost, Expensed, etc.)

o Networking & Integration Equipment

• TSA Form 251/251-1: If a contract/order requires the Contractor to deliver new equipment, upgrade a system, supply additional equipment or peripherals then the contractor shall complete a “Vendor Shipping and Receiving Report” (TSA Form 251/251-1) o The Contractor shall submit the TSA Form 251 within two (2) business days after receiving the Quick Look Report (QLR), Factory Acceptance Test (FAT), or Site Acceptance Test (SAT) report from TSA to the GPA and COR for review and authorization.

o The contractor shall complete and submit TSA Form 251 to the GPA no later than one business day after successful Operational Readiness Test (ORT) for hardware upgrades/replacements over the $5,000 threshold or have the ability to store SSI.

o The Contractor shall complete and submit a TSA Form 251-1 (as needed) for additional equipment associated with the main unit.

o Equipment being replaced or refurbished (threshold of $5,000.00 and above) must be identified on the TSA Form 251 (by manufacturer, make, model, serial number, and TSA barcode number). The TSA Form 251 must also identify the equipment being replaced by manufacturer, make, model, serial number, and TSA barcode number).

• DD-1149: If a contract/order requires the Contractor to move or relocate existing Government Furnished Property or TSE, then the Contractor shall complete a Department of Defense (DoD) “Requisition and Invoice/Shipping Document” Form DD-1149.

o The Contractor shall email this form to the GPA and COR for approval 2-5 business days prior to the movement of TSA equipment. The form shall include an itemized listing with description, make, model, serial number, full TSA barcode (if applicable), and contract/order number.

o The subject line of the email and the DD-1149 file name shall both follow the below structure:

From airport to depot: Serial Number Date in bloc k5_ Site/location code_to

OEM Name (e.g. 30787 21JUN2016 LRD to “OEM name”.docx;

21020041010 17JUNE2016 ORD to “OEM name”.docx).

From depot to airport: SerialNumber_Dateinblock5_ OEM Name to Site/location code (e.g. 54371 27JUN2016 “OEM name” to MHT;

53491_23Jun2016_”OEM name” to DVL).

Storage Requirements If this contract is to acquire TSE or provides qualifying peripherals, the Contractor shall identify any unique…