RFP 70RSAT23R00000009 RDDTE 09Feb2023_Final.pdf

DEPARTMENT OF HOMELAND SECURITY

REQUEST FOR PROPOSAL 70RSAT23R00000009

Research and Development and Developmental Test and Evaluation (RDDT&E) Technical Support Services

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 Services The purpose of this Request for Proposal (RFP) is to obtain professional, scientific, and technical support services for the U.S. Department of Homeland Security, Science and Technology Directorate, Transportation Security Laboratory (TSL), located in Atlantic City, New Jersey. The contractor shall perform Research and Development and Developmental, Test and Evaluation (RDDT&E) III, technical support services in accordance with Section C of this Indefinite Delivery/Indefinite Quantity (IDIQ), under the following subject task areas:

Task Area one (1): Applied Research and Development in Support of Test and Evaluation;

Task Area two (2): Developmental Test and Evaluation for DT&E; and Task Area three (3): Applied Research and Development Detection, Vulnerability and Mitigation Assessment.

B.2 IDIQ Minimum Dollar Guarantee and Maximum Contract Value Limitation Minimum. The minimum guaranteed award amount for this IDIQ contract is $2,500.00 per Contractor for the entire ordering period of performance of this contract (inclusive of any fee).

Maximum. The cumulative dollar ceiling value of the resulting IDIQ contract shall be $98 million.

The Government has no obligation to issue Task Orders (TOs) to contractor beyond the minimum amount specified this IDIQ contract. Once the conditions of the minimum have been met, Contractor will continue to have the opportunity to compete for TO(s) as laid out under the terms and conditions of this IDIQ.

B.3 Term of the Contract - The RFP will result in the establishment of a multiple award IDIQ. The period of performance for the resultant multiple awarded IDIQ will be five years from date of contract award. It is intended that competitive Task Orders will be issued at any time during the five (5) year period. The period of performance will be specified in any resultant Task Order and may include option periods which could cause the Task Order period of performance to extend up to twelve (12) months beyond the expiration date of the IDIQ. The Government will issue competitively awarded task orders (TOs) against the resultant IDIQ for the services and items set forth in the Statement of Work (SOW) in accordance with Section C of this RFP.

B.4 Notice to Offerors This solicitation does not commit the Government to pay for any costs incurred in the preparation or submission of any proposal in response to this solicitation. The Contracting Officer (CO) is the only individual who can legally commit the Government to the expenditure of public funds in connection with this procurement.

B.5 Contract Type and Pricing The types of Task Orders (TOs) issued against this contract will be Time-and-Materials (T&M) and Firm-Fixed-Price (FFP) and/or a hybrid combination in accordance with Federal Acquisition Regulation (FAR) Part 16.5, Indefinite-Delivery Contracts and FAR Part 15, Contracting by Negotiation. It is anticipated that the majority of the task orders will be T&M.

Task Order awards issued against this IDIQ contract will be competitively placed using the

“fair opportunity” ordering procedures in accordance with FAR 16 and as described in Section G, Contract Administration Data. Options may be included at the task order level.

The quantity of hours ordered from each labor category will be specified in each task order.

Rates.

1) Government Site Rates. When performing at the Government site, the fully burdened labor rates reflect the appropriate reduction due to the use of Government facilities. The Government will provide office space, furniture, and office equipment.

2) Contractor Site Rates. When performing at the Contractor site, the fully burdened labor rates include applicable indirect costs for office space and all normal supplies and services required to support the work. This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software (e.g., word processing, spreadsheets, graphics, etc.), normal copying and reproduction costs.

B.6 Master Fixed Labor Rate Table All TOs issued on a T&M or FFP basis will be based on the Contract Line-Item Numbers (CLINs) pricing set forth in the TSL RDDT&E Master Fixed Labor Rate Table for each contract awarded under the IDIQ. These fixed hourly rates are ceiling rates, contractors may propose lower hourly rates on a task-by-task basis. The labor rates in the TSL RDDT&E Master Fixed Labor Rate Table reflect fully burdened hourly rates for each labor category and will apply to all direct labor hours. The fully burdened labor rates include all direct labor and indirect costs applicable to that direct labor (such as fringe benefits, overhead, G&A), and profit.

B.6.1 Master Fixed Labor Rate Table Changes

(1) At any time throughout the life of this contract, the Contractor may submit a proposal reducing the labor rates and/or indirect costs. The Government will review the Contractor’s proposal and determine if the revised rates are reasonable and in the best interest of the Government. If the revised rates are accepted, the IDIQ CO will modify the contract and incorporate the revised rates into the TSL RDDT&E Master Fixed Labor Rate Table.

(2) At any time throughout the life of the contract, at the request of the Contractor or the IDIQ CO, the Contractor may propose additional labor categories and associated labor category descriptions and labor rates will be negotiated on a case-by-case basis. The Government will review the Contractor’s proposal and determine if the additional labor categories and associated descriptions are within scope of the work to be performed, and the rates fair and reasonable and in the best interest of the Government. If the additional labor categories and associated descriptions and rates are accepted, the IDIQ CO will modify the contract and incorporate them into the TSL RDDT&E Master Fixed Labor Rate Table and the TSL RDDT&E Labor Category Descriptions and Basic Qualifications (attachment II).

B.7 Level of Effort B.7.1 It is estimated that the recommended labor categories described in the TSL RDDT&E Labor Category Descriptions and Basic Qualifications will be required to perform the services described in Section C.

B.7.2 If, at any time during the performance of this contract, the total expended cost exceeds 75% of the total estimated cost on any TO, the Contractor shall immediately notify the TO CO in writing.

(End of Section B)

SECTION C

STATEMENT OF WORK (SEE ATTACHMENT I)

SECTION D - PACKAGING AND MARKING

The Contractor shall provide all deliverables in electronic format with read/write capability using applications that are compatible with DHS workstations (Microsoft Office Applications) in accordance with the Deliverables, unless otherwise specified.

BRANDING: The Contractor shall comply with the requirements of any DHS Branding and Marking policies as outlined in Management Directive Number: 123-06. As a matter of law, Federal criminal statutes prohibit unauthorized uses of the DHS Seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the Seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements. The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document.

The DHS seal cannot be used in any manner that implies DHS endorsement of commercial products or services, the user’s policies, or activities, or on any article that may discredit the seal or reflect unfavorably on DHS. Any use of the DHS seal is approved by the Secretary or his/her designee.

Requests to use the DHS seal shall be submitted to the IDIQ CO and the Department of Homeland Security Office of Public Affairs. If approved the Contractor will be issued a DHS Official Seal Usage Approval Form MD No.0030. The Comments section should be used to describe why use of the seal is being requested, and how it will be used. Completed forms should be sent to the Department’s Office of Public Affairs via e-mail at branding@hq.dhs.gov with a carbon copy (CC) to the IDIQ Contracting Officer.

(End of Section D) mailto:branding@hq.dhs.gov

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

(a) Inspection and acceptance of the supplies or services to be furnished under each task order will be in accordance with the FAR clause 52.212-4 and Alternate I.

(b) Final acceptance of all deliverables and or services performed as specified under each task order will be made in writing as detailed in individual TOs.

E.2 SCOPE OF INSPECTION

(a) All deliverables will be inspected for content, completeness, and accuracy and conformance to task order requirements by the COR, or as described in individual task orders.

Inspection may include validation of information or software using automated tools and/or testing of the deliverables, as specified in the task order. The scope and nature of this testing must be negotiated prior to task order award and will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables.

(b) 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 task order.

E.3 BASIS OF ACCEPTANCE

(a) The basis for acceptance shall be in compliance with the requirements set forth in performance work statement and in each TO and other terms and conditions of this contract.

Deliverable items rejected under the TO shall be corrected in accordance with the applicable terms and conditions of the TO and this contract.

(b) Custom services and cost reimbursable items such as travel, and Other Direct Costs (ODCs) will be accepted upon receipt of proper documentation as specified in the order. If custom services are provided as part of a FFP TO, acceptance will be as specified for the milestone with which they are associated. If custom services are for software development, the final acceptance of the software program will occur when all discrepancies, errors or other deficiencies identified in writing by the Government have been resolved, either through documentation updates, program correction, or other mutually agreeable methods.

(c) 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. Unless otherwise agreed by the parties, deficiencies will be corrected within thirty (30) calendar days of the rejection notice. If the deficiencies cannot be corrected within thirty (30) days, the Contractor will immediately notify the TO CO of the reason for the delay and provide a proposed corrective action plan within ten (10) working days.

(d) Reports, documents, and other deliverables will be accepted when all discrepancies, errors or deficiencies identified in writing by the Government have been corrected.

(e) Products or services that are non-conforming to contract or task order requirements will be rejected. Unless otherwise agreed by the parties, deficiencies will be corrected within thirty

(30) calendar days of the rejection notice. If the deficiencies cannot be corrected within thirty

(30) days, the Contractor will immediately notify the COR of the reason for the delay and provide a proposed corrective action plan within ten (10) working days.

E.4 WRITTEN ACCEPTANCE/REJECTION BY THE GOVERNMENT

(a) The Government shall provide written notification of acceptance or rejection of all final deliverables as specified in individual task orders. Absent written notification, final deliverables will be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

(b) Upon receipt of the Government’s comments and/or change requests, the Contractor shall have fifteen (15) business days to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form.

(c) If written acceptance, comments and/or change requests are not issued by the Government within thirty (30) calendar days of submission, or as specified in individual task orders, the initial deliverable shall be deemed acceptable as written and the Contractor may proceed with the submission of the final deliverable product.

(End of Section E)

SECTION F - DELIVERIES AND PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at these internet addresses:

www.acquisition.gov/far.

F.2 The term of this indefinite delivery indefinite quantity (IDIQ) contract is five years from date of contract award.

Five Years: Completed at award

After the IDIQ period of performance expires, the contract will remain an active contract until the final TO is closed-out and it shall continue to govern the terms and conditions with respect to active Task Orders to the same extent as if it were completed during the IDIQ contract term.”

F.3 Task Order Performance Period and Pricing Task Orders may be issued at any time during the five-year ordering period. The performance period of each TO will be specified in the TO and may include option periods which, if exercised, may extend the TO period of performance up to twelve (12) months beyond the period of performance (PoP) of the IDIQ contract. Task Orders issued in the final year, shall not extend beyond twelve (12) months after the PoP.

For purposes of Task Orders where performance extends beyond the PoP, the final contract year’s pricing shall be used. At all times each TO’s terms shall be consistent with its funding appropriation.

F.4. PLACE OF PERFORMANCE

The geographic scope of work is within the Continental United States (CONUS) with potential travel requirements Outside Continental United States (OCONUS). However, the majority of the requirements are expected to be performed at the TSL, located at the William J. Hughes http://www.acquisition.gov/far

Technical Center in Atlantic City, New Jersey

The specific place of performance for all services under each TO shall be set forth in the TOs.

F.5 Deliveries or Performance The delivery of supplies or services under each TO shall be delivered and received at destination within the time frame specified in each order.

F.6 Delay Notices to the Government.

The Contractor shall immediately provide written notice to the CO and the COR of events that may cause a delay in performance. Events include difficulty in complying with the delivery schedule or completion date, or Contractor knowledge of any actual or potential situation delays or threatens to delay the timely performance of this contract. The notification shall provide pertinent details and such information is not to be construed as a Government waiver of any delivery schedule or date, or any rights or remedies provided by law under this contract.

F.7 Deliverables

(a) All applicable TO deliverables, their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in TOs issued under this contract, as applicable.

(b) For purposes of delivery, all deliverables shall be made by close of business (COB) 5:00 P.M. local time (Government site or Contractor site) at destination, Monday through Friday, unless stated otherwise in the TO.

(c) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.

(d) Each contract-level and TO-level deliverable shall be accompanied by a cover letter from the Contractor on Company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

(e) In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the CO and COR.

For any task order level deliverable, the Contractor shall provide written notification immediately to the TO CO and TO COR. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery, provided that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

(f) If a Contractor is non-compliant in submission of deliverables, the Government will reflect the non-compliance in the Contractor’s Performance Assessment Report System (CPARS).

(g) The following table provides a summary of the TSL RDDT&E reporting requirements.

Report Description Number of Copies Due Dates

Monthly Contract Status Report (Section F.8.1)

As Specified in Individual Task Orders

10th calendar day of each month

Individual Subcontracting Report (Section F.8.1.3)

1-TSL RDDT&E CO

1- TSL RDDT&E PM

1- TSL RDDT&E COR

As specified in Section F.8.1.3

F.7.1 Monthly Contract Status Report (Monthly Task Order Activity Report) The Contractor shall provide a Monthly Contract Status Report which documents the Contractor’s task order awards and modifications received during the period to be reported.

The report is due by the 10th calendar day of each month comprised of activity from the previous month. (For example: The report due February 15th is to cover the activity – new task orders awarded, and new modifications received - for the period January 1st through January 31st). If the 10th calendar day falls on a weekend or holiday, the report is due the following business day. If there is no activity during the reporting period, “no activity” shall be annotated in the monthly report and submitted. The Monthly Task Order Activity Report shall be provided in Microsoft Excel using the format specified in the TSL RDT&E Monthly Contract Status Report in accordance with the instructions and example provided within the spreadsheet. The specified format and corresponding instructions are hereby made part of this

Monthly Contract Status Reports shall be provided in electronic format and emailed to the TSL RDDT&E CO, PM, and COR at TSLDeliverables@st.dhs.gov. The subject line of the email notice presenting the submission of the monthly report shall be annotated with - Monthly Contract Status Report (state the month).

F.7.2 Subcontracting Plan Reports Large Businesses shall submit periodic reports which show compliance with their TSL RDDT&E subcontracting plan. The Contractor shall submit its report via the electronic Subcontracting Reporting System (eSRS) in accordance with the instructions on the website.

The Contractor shall ensure that their Subcontractors agree to submit its report via the eSRS when applicable. The Individual Subcontracting Report (ISR) and the Summary Subcontracting Report (SSR) are available online at http://www.esrs.gov.

F.7.3 Individual Subcontracting Report (ISR)

(a) The Contractor shall submit the ISR electronically via the eSRS within thirty (30) calendar days after the close of each calendar period as follows: (1) April 30th, for the period October mailto:TSLDeliverables@st.dhs.gov http://www.esrs.gov/

1st, through March 31st; and (2) October 30th, for the period April 1st, through September 30th. Each semi-annual ISR reflects cumulative task order subcontracting accomplishments from the inception of the contract through the relevant ISR reporting period.

(b) One (1) ISR is required at the contract level for all subcontract awards accomplished, (which is a roll-up of all task order awards) and submitted to the TSL RDT&E CO via eSRS for review and acceptance. When failure to meet the goals of the small business subcontracting plan as stated in Section L.9, Subcontracting Plan, of the contract, the Contractor shall state in the report (either remarks field or separate letter) what good faith effort has been made to meet the goals; and/or future plan on how to improve small business opportunities for future task orders.

(c) No separate ISR submission at the task order level is required via eSRS. However, when the TO CO determines that the subcontracting status report is necessary to measure the extent of compliance by the Contractor, the Contractor shall manually submit periodic subcontracting status reports (DD-294) to the TO CO based on mutual agreement by both parties.

F.8 Government Furnished Property

(a) The Government will furnish the property listed in the SOW to the Contractor for use in performance of this contract.

(b) Any additional Government Furnished Property will be cited in individual TOs issued under this contract.

(c) Only the property listed in the SOW in the quantity shown will be furnished by the Government. The Contractor shall furnish all other property required for performance of this

(d) In accordance with FAR 45.201(b) the contractor is responsible for all costs related to making the property available for use, such as payment of all transportation, installation, or rehabilitation costs.

End of Section F

SECTION G - CONTRACT ADMINISTRATION

G.1 Government and Contractor Points of Contact The following sub-sections describe the roles and responsibilities of those individuals who will be the primary points of contact for the Government on matters regarding contract administration.

G.1.1 Contracting Officer G.1.1.1 The Administrative Contracting Officer (ACO) is the only person authorized to approve changes to any of the terms and conditions of this IDIQ. In the event the contractor effects any changes at the direction of any person other than the ACO, the changes will be considered to have been made without authority and no adjustment will be made in the task order price to cover any increase in costs incurred as a result thereof. The Task Order CO (TO CO) shall be the only individual authorized to accept nonconforming work, waive any requirement of the task order, or to modify any term or condition of the task order The CO is the only individual who can legally obligate Government funds. No cost chargeable to any proposed task order can be incurred before receipt of a fully executed task order, which includes any subsequent contract modifications or other specific written authorization from the

TO CO.

G.1.1.2 The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the CO or is pursuant to specific authority otherwise included as a part of this IDIQ. No order, statement, or conduct of Government personnel, other than the CO, who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this IDIQ shall constitute a change under the Changes clause of this task order.

G.1.2 The procuring and administering Contracting Officer (PCO and ACO) for this IDIQ contract is:

Jessica T. Wilson Department of Homeland Security Office of Procurement Operations – Science Technology Acquisition Division Email Address: jessica.wilson@hq.dhs.gov

G.1.2.1 The Task Order CO will be identified at time of award of a task order.

G.1.3 Contracting Officer’s Representative - The Contracting Officer’s Representative (COR) for this IDIQ is designated in accordance with Homeland Security Acquisition Regulation (HSAR) 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003).

The COR for this IDIQ contract is: TBD

The Alternate COR for this IDIQ contract is: TBD

G.1.3.1 The Task Order COR will be identified at time of award of a task order.

G.1.4 Contractor’s Points of Contact:

mailto:jessica.wilson@hq.dhs.gov

IDIQ Project Manager: To Be Determined at Time of Award IDIQ Contract Administrator: To Be Determined at Time of Award

G.2 Invoicing and Payment

G.2.1 General.

(a) SF-1034, Public Voucher for Purchases and Services Other Than Personal, shall be prepared and submitted for payments under this contract, unless otherwise specified in the individual task order.

(b) To ensure timely processing of payment, electronic submission of vouchers shall be forwarded simultaneously to the following addresses:

1) Cognizant audit agency office for administrative review and provisional approval;

Finance Office;

2) CO; and

3) Task Order COR.

(d) To ensure timely processing of the Contractor’s invoices, an electronic submission of FFP vouchers shall be forwarded simultaneously to the following:

1) Finance Office;

2) CO; and

3) Task Order COR.

(e) All vouchers submitted to the Government shall delineate:

1) Contract number;

2) Task order number;

3) Applicable CLINs; and

4) A summary page identifying amounts for labor (prime and subcontractors), travel, ODCs, and any additional cost elements.

G.2.2. Invoicing Instructions.

(a) T&M vouchers and required supporting documentation shall be submitted pursuant to FAR Clause 52.212-4 Alternate I.

(b) For FFP task orders with performance-based payments, requests for payment shall be submitted upon achievement of the billing milestones identified in the task order.

(c) Pre-approval from the COR shall be submitted for travel and ODCs as authorized in the individual task order. As authorized by FAR 52.212-4 (Alt 1), Section (i) Payments, the contractor shall substantiate each invoice submitted by including the appropriate documentation in accordance with the below:

a. To be submitted with each invoice, individual daily job timecards for each person (on-site and off-site) performing any work under this task order.

To be submitted with each monthly report, records that verify the employees meet the qualifications for the labor categories specified in the contractor. The contractor shall provide in the monthly report a table of the Labor Categories (LCATs) correlated to names of personnel on-boarded and resumes shall submit substantiating qualification of those hired individuals. Each follow-on monthly report shall provide the resumes of any personnel identified in the table that are different from the preceding month’s report.

The cover or summary page of the invoice shall include a statement similar to the following:

“As an authorized corporate official of [name of Contractor], I hereby certify that the above invoiced amount is true and accurate for the period identified herein.”

Monthly invoices should include the current and cumulative expenditures to date under the task order.

G.3 Task Order Ombudsman.

G.3.1 In accordance with FAR 16.505(b), the Ombudsman for this contract is assigned within DHS Office of Procurement Operations (OPO) Acquisition Management & Support Division (AMSD). The Ombudsman’s responsibilities are to address Contractor concerns regarding compliance with the award procedures for task/delivery orders, review Contractor complaints on task/delivery order contracts, ensure all Contractors are afforded a fair opportunity to be considered for each task/delivery order, consistent with FAR 16.505(b), and when requested, maintain strict confidentiality of the Contractor requesting assistance.

G.3.2 The Ombudsman shall not participate in the evaluation of proposals submitted on the basic contract, the source selection process on the basic contract, or the adjudication of formal contract disputes arising under the basic contract, or any individual task order issued under it.

G.4 Task Order Solicitation

Each Task Order will identify the Task Areas of the work to be performed. For services that cross multiple Task Areas, the Government will identify the predominant Task Area. Each Prime Contractor will be given a fair opportunity to compete for task orders.

G.5 Task Order Process

G.5.1 Pursuant to FAR 16.505(b)(1) Fair Opportunity, the TO CO will issue an order or proposal request to all IDIQ contract holders for each order exceeding the micro-purchase threshold. Generally, the proposal request will include a due date for proposal submission, the Government’s description of work to be accomplished, the applicable task areas, a listing of the deliverables required and any additional data, as appropriate. The proposal request will also include specific instructions for the submission of proposals, selection criteria factors, the factors’ order of importance and other information deemed appropriate.

G.5.2 Contractors will be provided sufficient time to prepare and submit responses based on the estimated dollar value and complexity of the TO (not more than a two-week time frame).

The due date will be set forth in each proposal request. If unable to perform a requirement, Contractors shall submit a “no bid” reply in response to the proposal request. All “no bids” shall be include a brief statement as to why the Contractor is unable to perform, i.e., conflict of interest.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

G.6 Appointment of Property Administrator

The person named below is hereby designated by the Contracting Officer as the Property Administrator to ensure compliance with the contract requirements and the provisions of the Federal Acquisition Regulations Part 45 with respect to the control of Government property.

Name:

Code:

Activity:

Address:

Phone No:

Fax No:

Email:

(TO BE COMPLETED AT TIME OF AWARD)

(End of Section G)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Logistic Support The Government will identify within task orders, provisions for office space, supplies, and/or access to necessary telecommunications and computers during performance of this contract.

The Contractor will be responsible for logistic support needed for work at their facilities. The Contractor will not be required to evaluate Government furnished property or information prior to award. The Government will make meeting rooms available on an as needed basis. The Contractor will make meeting rooms available for relevant task order activity at the contractor facility when needed. Contractor personnel will have access to documentation on DHS security issues and systems necessary for performance under this contract.

H.2 Training The Government will not reimburse the costs associated with the contractor training employees to attain and/or maintain minimum personnel qualifications that are identified under the TSL RDT&E Labor Category Descriptions and Basic Qualifications. The Government will reimburse costs associated with mandatory training in accordance with FAR 31.205-44 for contractors working or residing at the Transportation Security Laboratory (TSL) within task order requirements.

H.3 Language Requirements Contractor personnel shall have sufficient English language proficiency, both oral and written, to perform technical services.

H.4 Implementation of E.O. 13224- Executive Order on Terrorist Financing The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with the United States Executive Orders and laws.

H.5 Materials H.5.1 When required and in accordance with FAR 37.114(b), the Contractor shall:

Submit the documentation required to the COR for approval prior to entering into any equipment lease or purchase agreement.

The Contractor may be requested to purchase materials in support of the work effort.

Subsequently to task order award and obligation of funds for materials by the CO and in accordance with FAR 52.244-2, the Contractor shall obtain written consent from COR for purchases equal to or exceeding $2,000.00. The DHS S&T COR may NOT lower or raise the aforementioned $2,000.00 dollars threshold at his/her discretion without prior written approval of the CO. If the DHS COR consents to such purchase, such item shall become the property of DHS. The Contractor will maintain any such items according to currently existing property accountability procedures. Disposition of any such items shall be in accordance with FAR 52.245-1.

H.6 Disclosure of Information

H.6.1 The Contractor is reminded that information furnished 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 personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when DHS or the Government determines disclosure is warranted by the FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

H.6.2 Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this task order 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.

H.6.3 In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

H.6.4 Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that 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 information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. 19 U.S.C. 641This section provides, in pertinent part, that whoever knowingly converts to their 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 intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H.7 Section 508 Compliance Section 508 refers to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.

794d). Section 508 assessments are required of all systems and are intended to ensure that individuals with disabilities have comparable access to and use of information and data comparable to the access provided to individuals without disabilities (unless this would pose an undue burden on the Federal Agency). The assessment is not to include physical access at any defined-benefit technology solution-related site. The 508 assessments shall be performed by OPM and the successful Contractor must make accessible to the Government, or its designee, information systems residing in the Contractor’s (or as appropriate sub-Contractor’s) facilities that support the operations and assets of the Government as part of this contract, so that the 508 assessments may be performed.

All Electronic and Information Technology (EIT) procured through this contract must meet the applicable accessibility standards at 29 USC 794d and 36 CFR 1194, unless an exception to this requirement exists as determined by the Government. See 29 USC 794d at http://www.section508.gov/index.cfm?Fuseaction=Content&ID=12, and 36 CFR 1194 implementation Section 508 of the Rehabilitation Act of 1973, as amended, at http://www.access- board.gov/sec508/508 standards.htm - PART 1194).

The following standards are applicable to this procurement:

1194.21 Software applications and operating systems;

1194.22 Web-based intranet and Internet information and applications; 1194.23 Telecommunications products;

1194.24 Video and multimedia products; 1194.31 Functional performance criteria; and

1194.41 Information, documentation and support.

NOTE: The 508 standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

H.8 Non-Personal Services H.8.1 The services required under the contract constitute professional, scientific, technical engineering support services, which are essential to the mission but not otherwise available within.

H.8.2 The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasking. Under no circumstances shall the Government assign tasking to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that have the nature of personal services or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s further responsibility to notify the Contracting Officer immediately.

H.8.3 These services shall not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by the Contractor will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures http://www.section508.gov/index.cfm?Fuseaction=Content&ID=12 http://www.access-board.gov/sec508/508standards.htm#PART%201194 http://www.access-board.gov/sec508/508standards.htm#PART%201194

H.9 Employee Identification H.9.1 Throughout the duration of the contract, the Contractor shall be in compliance with Executive Order 13526, Classified National Security Information, and Homeland Security PD 12, Policy for a Common Identification Standard for Federal Employees and Contractors.

The Contractor shall coordinate with the IDIQ COR to assure that any Contractor employee requiring routine access to the DHS offices and laboratories has appropriate Government-issued identification badges and building access cards before the employee enters on duty under this contract or any of its task orders. The Government-issued badges shall be worn in plain view, above the waist, at all times.

H.9.2 Within five (5) business days of a Contractor employee’s termination, reassignment, or other cessation of need, the Contractor shall return the employee’s identification badge(s) and building pass(es) to the COR.

H.9.3 The contractor shall return any unneeded, expired, or non-serviceable Government issued identification badges or building passes to the COR. If an identification badge or building pass is not available to be returned, a report must be submitted to the COR, referencing the badge or card number, name of individual to whom issued, and the last known location and disposition of the badge or card.

H.9.4 Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting contractor employees shall comply with all Government escort rules and requirements. All contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

H.9.5 Contractor employees working on-site at Government facilities shall wear a Government issued identification badge. All contractor employees shall identify themselves as Contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.) and display the Government issued badge in plain view above the waist at all times.

H.9.6 All contractor personnel must comply with the FAA William J. Hughes Technical Center’s badging procedures established by the FAA facility while onsite (TSL is a tenant organization to the FAA William J. Hughes Technical Center’s facility).

H.10 Employee Conduct The contractor shall be responsible for maintaining satisfactory standards of employee conduct, appearance, and behavior and shall be responsible for taking disciplinary action as may be necessary. The Government may, at its sole discretion (via the Contracting Officer or COR), direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee. The FAA William J. Hughes Technical Center security staff may assist in removal of contractor employee if necessary.

H.10.1 Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, security, sanitation, environmental protection, “off limits” areas) when visiting or working at Government facilities. The contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security.

H.10.2 If through fault or negligence, the contractor, contractor employees, or authorized contractor agents destroy, lose, or damage any Government property, equipment, stock, or supplies during performance of this contract, the Contractor shall repair or replace that property or reimburse the Government for its full replacement cost.

H.10.3 The contractor is responsible for maintaining clean and orderly assigned working spaces. Furniture that may be assigned to the space(s) shall remain in place and not be removed. All telephones are for conducting official Government business.

H.10.4 All contractor personnel must comply with the FAA William J. Hughes Technical Center’s parking, driving, safety and security procedures while onsite.

H.11 Security Requirements H.11.1 The procedures outlined below shall be followed in order for the DHS Security Office to process background investigations and suitability determinations, as required, in a timely and efficient manner. See Section 4.1 of the SOW.

H.11.2 Carefully read the security clauses in the contract. Compliance with these clauses is not optional. See also Sections 4.1.7 and 4.1.8 of the SOW.

H.11.3 The Contractor shall notify the DHS Security Office of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the Contracting Officer’s Representative (COR) all DHS issued identification cards and building passes that have either expired or have been collected from terminated employees. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to who it was issued and the last known location and disposition of the pass or card.

H.11.4 When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

H.11.5 Failure to follow these instructions may delay the completion of suitability determinations and background checks. Note that any delays in this process that are not caused by the government do not relieve the Contractor from performing under the terms of the contract.

H.11.6 The Point of Contact (POC) at the Security Office is:

DHS, Office of Security Personnel Security Staff Attn: Mr. Catlin Van Roon 245 Murray Lane, SW #0115 Washington DC 20528

H.12 Special Security Requirement- Contractor Pre-Screening Contractors requiring recurring access to Government facilities or access to sensitive but unclassified information and/or logical access to Information Technology (IT) resources shall verify minimal fitness requirements for all persons/candidates designated for employment under any Department of Homeland Security (DHS) contract by pre-screening the person/candidate prior to submitting their name for consideration to work on the contract. Pre-screening the candidate ensures that minimum fitness requirements are considered and mitigates the burden of DHS having to conduct background investigations on objectionable candidates. The Contractor shall submit only the candidates who have not had a felony conviction within the past 36 months, illegal drug use within the past 12 months, or misconduct such as criminal activity on the job relating to fraud or theft within the past 12 months from the date of submission of their name as a candidate to perform work under this contract. Pre-screening shall be conducted within 15 days after contract award. The fitness determination does not impact the candidate’s fitness for employment with your firm on other assignments unrelated to this contract. This requirement shall be placed in all subcontracts if the subcontractor requires routine physical access, access to sensitive but unclassified information. and/or logical access to IT resources. Failure to comply with the pre- screening requirement will result in the Contracting Officer taking the appropriate remedy (i.e., recording non-compliance into the Past Performance Database, contract termination).

Logical access means providing an authorized user the ability to access one or more computer system resources such as a workstation, network, application, or database through automated tools. A logical access control system (LACS) requires validation of an individual’s identity through some mechanism such as a personal identification verification (PIV) card, username and password, biometric or other token. The system has the capability to assign different access privileges to different persons depending on their roles and responsibilities in an organization.

H.13 Travel and Per Diem Travel may be required to support the contract. Travel requirements will be specified on individual task orders. The IDIQ awardees shall be responsible for obtaining the Task Order COR approval (electronic mail is acceptable) for all reimbursable travel in accordance with

FAR 31.205- 46 -Travel Costs and the Federal Travel Regulation (FTR) in advance of each travel event.

However, local travel will not be reimbursed within a 50-mile radius of the worksite. The worksite shall be considered the TSL located at the FAA Technical Center, Atlantic City, New Jersey or the location of the Contractor’s on-site Government personnel, whichever is within the 50-mile radius.

H.14 Procurement Integrity- Special Task Order Provisions All Contractor personnel, and subcontractors who will be personally and substantially involved in the performance of services issued under this task order which requires the Contractor to provide advice with respect to any phase of an agency procurement, as defined in FAR 3.104- 4, shall execute and submit an “Employee/Contractor Department of Homeland Security Non- Disclosure Agreement” Form DHS Form 11000-6 (08-04) ”(Only if on Government Site or have access to SBU information). This is required prior to the commencement of any work and whenever replacement personnel are proposed under an ongoing TO.

H.15 Intellectual Property Refer to Section I: Contract Clauses, Section I-1: Clauses Incorporated by Reference.

H.15.1 Limitation on Contractor’s Use of Data For the purposes of paragraphs (b) (2) (i) and (d) of the Rights in Data-General (FAR 52.227-

14) clause of this IDIQ and subsequent task orders, the Contractor shall not use, release to others, reproduce, distribute, or publish any data first produced or specifically used in the performance of this contract for private purposes without the prior, written approval of the Contracting Officer.

H.16 Protection of Information H.16.1 The Contractor agrees to adhere to the procedures governing DHS IT System as outlined in DHS IT Security Program Publication DHS MD 4300. Contractors who fail to comply with Department security policy are subject to having their access to DHS facilities and IT systems terminated.

H.16.2 All Contractor employees using Department automated systems or processing sensitive data shall successfully complete periodic security awareness training provided by DHS.

Contractor employees with access to classified information shall successfully complete specialized training provided by DHS. The level of training shall be commensurate with the individual's duties and responsibilities and is intended to promote a thorough and consistent understanding of the principles and concepts of IT…