RFP 70T05023R7668N003 - TSA Badges and Badge Peripherals.pdf

Contents

SECTION B – SUPPLIES OR SERVICES AND PRICE / COST

SECTION C- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D – PACKAGING AND MARKING:

SECTION E - INSPECTION AND ACCEPTANCE:

SECTION F – DELIVERY OR PERFORMANCE:

SECTION G – CONTRACT ADMINISTRATION DATA:

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

SECTION J – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTAHCMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

SECTION B – SUPPLIES OR SERVICES AND PRICE / COST

1. CLIN Schedule

The unit prices on this IDIQ are ceiling prices. Pricing on orders may end up lower than the established unit pricing, but cannot be higher. All packaging and shipping costs shall be included in the unit prices.

CLIN DESCRIPTION Quantity Unit of Issue Unit Price Base

Pocket Badges - LE/FAMS, in accordance with SOW Section

3.1 TBD EA

Tactical Badges - LE/FAMS, in accordance with SOW Section

3.1.1 TBD EA

Leather Commission Book (Civilian), in accordance with

SOW Section 3.1.2a TBD EA

Leather Commission Book for Pocket Badge (Law

Enforcement), in accordance with SOW Section 3.1.2b TBD EA

Leather Belt Badge Holder w/Neck Chain for Tactical Badge, in accordance with SOW Section 3.1.2c TBD EA

Pocket Badges - Security Operations, in accordance with

SOW Section 3.1.3 TBD EA

Tactical Badges - Security Operations, in accordance with

SOW Section 3.1.4 TBD EA

Mini Badges - Security Operations, in accordance with SOW

Section 3.1.5 TBD EA

Leather Commission Book - Credentials and Pocket Badge - Law Enforcement, in accordance with SOW Section 3.1.6a TBD EA

Leather Belt Badge Holder w/Chain for Tactical Badge, in accordance with SOW Section 3.1.6.b TBD EA

Leather Strap for Mini Badge, in accordance with SOW

Section 3.1.6c TBD EA

0012 Pocket Badges - FFDO in accordance with SOW Section 3.2.1 TBD EA

0013 Leather Gear (FFDO), in accordance with SOW Section 3.2.2 TBD EA

Lucite Commemorative Badge (FFDO), in accordance with

SOW Section 3.2.3 TBD EA

0015 Tactical Badges - TSO, in accordance with SOW Section 3.3.1 TBD EA

0016 Refurbished Badges, in accordance with SOW Section 3.4 TBD EA

Option Year 1

Pocket Badges - LE/FAMS, in accordance with SOW Section

3.1 TBD EA

Tactical Badges - LE/FAMS, in accordance with SOW Section

3.1.1 TBD EA

Leather Commission Book (Civilian), in accordance with

SOW Section 3.1.2a TBD EA

Leather Commission Book for Pocket Badge (Law

Enforcement), in accordance with SOW Section 3.1.2b TBD EA

Leather Belt Badge Holder w/Neck Chain for Tactical Badge, in accordance with SOW Section 3.1.2c TBD EA

Pocket Badges - Security Operations, in accordance with

SOW Section 3.1.3 TBD EA

Tactical Badges - Security Operations, in accordance with

SOW Section 3.1.4 TBD EA

Mini Badges - Security Operations, in accordance with SOW

Section 3.1.5 TBD EA

Leather Commission Book - Credentials and Pocket Badge - Law Enforcement, in accordance with SOW Section 3.1.6a TBD EA

Leather Belt Badge Holder w/Chain for Tactical Badge, in accordance with SOW Section 3.1.6.b TBD EA

Leather Strap for Mini Badge, in accordance with SOW

Section 3.1.6c TBD EA

1012 Pocket Badges - FFDO in accordance with SOW Section 3.2.1 TBD EA

1013 Leather Gear (FFDO), in accordance with SOW Section 3.2.2 TBD EA

Lucite Commemorative Badge (FFDO), in accordance with

SOW Section 3.2.3 TBD EA

1015 Tactical Badges - TSO, in accordance with SOW Section 3.3.1 TBD EA

1016 Refurbished Badges, in accordance with SOW Section 3.4 TBD EA

Option Year 2

Pocket Badges - LE/FAMS, in accordance with SOW Section

3.1 TBD EA

Tactical Badges - LE/FAMS, in accordance with SOW Section

3.1.1 TBD EA

Leather Commission Book (Civilian), in accordance with

SOW Section 3.1.2a TBD EA

Leather Commission Book for Pocket Badge (Law

Enforcement), in accordance with SOW Section 3.1.2b TBD EA

Leather Belt Badge Holder w/Neck Chain for Tactical Badge, in accordance with SOW Section 3.1.2c TBD EA

Pocket Badges - Security Operations, in accordance with

SOW Section 3.1.3 TBD EA

Tactical Badges - Security Operations, in accordance with

SOW Section 3.1.4 TBD EA

Mini Badges - Security Operations, in accordance with SOW

Section 3.1.5 TBD EA

Leather Commission Book - Credentials and Pocket Badge - Law Enforcement, in accordance with SOW Section 3.1.6a TBD EA

Leather Belt Badge Holder w/Chain for Tactical Badge, in accordance with SOW Section 3.1.6.b TBD EA

Leather Strap for Mini Badge, in accordance with SOW

Section 3.1.6c TBD EA

2012 Pocket Badges - FFDO in accordance with SOW Section 3.2.1 TBD EA

2013 Leather Gear (FFDO), in accordance with SOW Section 3.2.2 TBD EA

Lucite Commemorative Badge (FFDO), in accordance with

SOW Section 3.2.3 TBD EA

2015 Tactical Badges - TSO, in accordance with SOW Section 3.3.1 TBD EA

2016 Refurbished Badges, in accordance with SOW Section 3.4 TBD EA

Option Year 3

Pocket Badges - LE/FAMS, in accordance with SOW Section

3.1 TBD EA

Tactical Badges - LE/FAMS, in accordance with SOW Section

3.1.1 TBD EA

Leather Commission Book (Civilian), in accordance with

SOW Section 3.1.2a TBD EA

Leather Commission Book for Pocket Badge (Law

Enforcement), in accordance with SOW Section 3.1.2b TBD EA

Leather Belt Badge Holder w/Neck Chain for Tactical Badge, in accordance with SOW Section 3.1.2c TBD EA

Pocket Badges - Security Operations, in accordance with

SOW Section 3.1.3 TBD EA

Tactical Badges - Security Operations, in accordance with

SOW Section 3.1.4 TBD EA

Mini Badges - Security Operations, in accordance with SOW

Section 3.1.5 TBD EA

Leather Commission Book - Credentials and Pocket Badge - Law Enforcement, in accordance with SOW Section 3.1.6a TBD EA

Leather Belt Badge Holder w/Chain for Tactical Badge, in accordance with SOW Section 3.1.6.b TBD EA

Leather Strap for Mini Badge, in accordance with SOW

Section 3.1.6c TBD EA

3012 Pocket Badges - FFDO in accordance with SOW Section 3.2.1 TBD EA

3013 Leather Gear (FFDO), in accordance with SOW Section 3.2.2 TBD EA

Lucite Commemorative Badge (FFDO), in accordance with

SOW Section 3.2.3 TBD EA

3015 Tactical Badges - TSO, in accordance with SOW Section 3.3.1 TBD EA

3016 Refurbished Badges, in accordance with SOW Section 3.4 TBD EA

Option Year 4

Pocket Badges - LE/FAMS, in accordance with SOW Section

3.1 TBD EA

Tactical Badges - LE/FAMS, in accordance with SOW Section

3.1.1 TBD EA

Leather Commission Book (Civilian), in accordance with

SOW Section 3.1.2a TBD EA

Leather Commission Book for Pocket Badge (Law

Enforcement), in accordance with SOW Section 3.1.2b TBD EA

Leather Belt Badge Holder w/Neck Chain for Tactical Badge, in accordance with SOW Section 3.1.2c TBD EA

Pocket Badges - Security Operations, in accordance with

SOW Section 3.1.3 TBD EA

Tactical Badges - Security Operations, in accordance with

SOW Section 3.1.4 TBD EA

Mini Badges - Security Operations, in accordance with SOW

Section 3.1.5 TBD EA

Leather Commission Book - Credentials and Pocket Badge - Law Enforcement, in accordance with SOW Section 3.1.6a TBD EA

Leather Belt Badge Holder w/Chain for Tactical Badge, in accordance with SOW Section 3.1.6.b TBD EA

Leather Strap for Mini Badge, in accordance with SOW

Section 3.1.6c TBD EA

4012 Pocket Badges - FFDO in accordance with SOW Section 3.2.1 TBD EA

4013 Leather Gear (FFDO), in accordance with SOW Section 3.2.2 TBD EA

Lucite Commemorative Badge (FFDO), in accordance with

SOW Section 3.2.3 TBD EA

4015 Tactical Badges - TSO, in accordance with SOW Section 3.3.1 TBD EA

4016 Refurbished Badges, in accordance with SOW Section 3.4 TBD EA

2. Contract Type This is a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract. Delivery Orders (DOs) shall be Firm Fixed Price (FFP). This Contract will be issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, Part 15, Contracting by Negotiation, and Part 16.5, Indefinite Delivery Contracts. DOs will be issued in accordance with the line item schedule and Statement of Work (SOW).

3. Contract Ordering Period This multiple award IDIQ contract contains a one-year base ordering period and four one-year option ordering periods. DOs may be awarded at any time during the five-year ordering period and the DO Period of Performance (POP) shall not extend beyond 12- months from the last day to order. The ordering period of this IDIQ contract is as follows:

Base Period: June 1, 2023 – May 31, 2024 Option Period 1: June 1, 2024 – May 31, 2025 Option Period 2: June 1, 2025 – May 31, 2026 Option Period 3: June 1, 2026 – May 31, 2027 Option Period 4: June 1, 2027 – May 31, 2028

4. Total Minimum and Maximum Quantity of Supplies or Services The minimum guaranteed amount for this IDIQ contract is $5,000.00 per Contractor. The minimum guarantee will be obligated on this base IDIQ contract at the time of award. Orders beyond the minimum will be determined by user needs and fair opportunity procedures. The exercise of an option does not re-establish the contract minimum for the IDIQ contracts.

The specific products and quantities will be identified on each DO issued under the base contract. The Government has no obligation to DOs to the Contractor(s) beyond the amount specified in the paragraph above.

The maximum order value, on any given order, shall not exceed $1,000,000.00. The total value of all DOs awarded under all contracts, including orders issued in option periods and minimum contract amounts, shall not exceed $9,900,000.00.

5. General Scope of Work Attachment 1 Statement of Work (SOW) includes the general scope, nature, complexity, and purpose of the supplies or services the Government will acquire under the contract. See Attachment 1.

6. Procedures for Issuing Orders Orders shall be issued in accordance with FAR Subpart 16.505.

7. Activities Authorized to Issue Orders TSA warranted Contracting Officers are authorized to issue DOs against this IDIQ. However, this is not a TSA Enterprise-wide IDIQ, it is anticipated a TSA Contracting Officer within the Contracting & Procurement (C&P) Mission Essentials Acquisition Division (MEAD) will award DOs. Also, the listed Contracting Officer Representative (COR) from the Program Office, Enterprise Support, will have authority to make Orders under $10,000, or up to $25,000.00 if ordering official authority is granted.

No other outside Government agency is authorized to issue delivery orders against this IDIQ.

8. Procedures for Issuing Oral Orders Oral orders are not authorized. This IDIQ does not have established procedures for obligating funds for oral orders.

SECTION C- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See the Attachment 1 Statement of Work.

SECTION D – PACKAGING AND MARKING:

Products shall be packaged, packed, and marked in accordance with the Contractor’s standard commercial practices

SECTION E - INSPECTION AND ACCEPTANCE:

See FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services, paragraph (a) Inspection/Acceptance.

SECTION F – DELIVERY OR PERFORMANCE:

Delivery All orders shall be delivered within thirty (30) calendar days After Receipt of Order (ARO).

Shipment Notification For orders placed using a P-Card, within twenty-four (24) hours of order placement, the Contract Holder shall send notification to the email address specified by the purchaser. This email must include the order number, shipping method, i.e., Fed-Ex, USPS, etc., and tracking information (where applicable).

SECTION G – CONTRACT ADMINISTRATION DATA:

TSA CONTRACTING OFFICER (MAR 2023)

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

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

TSA Contracting Officer:

NAME: Chantay Lynch

PHONE NUMBER: 609-813-3040

EMAIL: Chantay.Lynch@tsa.dhs.gov

CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND TECHNICAL MONITORS

(AUG 2022)

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

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

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

TSA CORs:

NAME: MATTHEW RANDOLPH

PHONE NUMBER: (571) 227-5007

EMAIL: matthew.randolph@tsa.dhs.gov

The responsibilities and limitations of the COR are as follows:

• The COR is responsible for the technical aspects of the project and technical liaison with the

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

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

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

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

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

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

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

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

The responsibilities and limitations of the TM are as follows:

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

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

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

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

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

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

• Reporting any threats to the health and safety of persons or potential for damage to Government property or critical national infrastructure which may result from the Contractor's performance or failure to perform the contract's requirements.

(End of clause)

TSA-INSTR SUBMISSION OF INVOICES (MAY 2022)

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

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

It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed under Payment Status below.

1. Address to mail invoices:

United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111

2. Email Address: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil http://www.fincen.uscg.mil/

Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices.

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

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

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

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

2. Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and SAM-issued Unique Entity Identifier (UEI) number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

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

Additional Invoice Preparation Instructions for Software Development and/or Hardware . The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)

Frequency of Invoice Submission. Invoices shall be submitted upon delivery and receipt of items ordered.

Timely Submission of Invoices: In order to ensure reimbursement under this contract, invoices shall be timely submitted for payment. Contractors must submit an invoice to the payment office as indicated for all allowable and allocable internal expenditures made during the specified invoice period pursuant to the Contract. Also be advised that under 31 U.S.C. §§ 1552 and 1553, funds that were obligated to the contract, but that have expired, remain available for adjustments for five (5) fiscal years following expiration of the period for which the relevant appropriation was made. After the respective timeframe, the expired account closes and the funds are not available for any purpose.

(End of clause)

Ordering:

(a) Authorized Ordering: Purchase Card users are limited to the micro-purchase limit (as defined in FAR Part 2 at the time the order is placed) per order. Ordering Officials are limited to $25,000.00 per order. TSA warranted Contracting Officers are authorized to place orders against this IDIQ, limited to their delegation of authority.

(b) Delivery tickets. All shipments under the contract shall be accompanied by delivery tickets or sales slip that shall contain the following minimum information:

(i) Name of supplier.

(ii) IDIQ contract number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies furnished.

(vii) Date of delivery or shipment.

Order Acknowledgment:

The Contract holder shall:

• Provide a receipt to acknowledge the order.

• Notify the ordering activity if an item is out of stock.

• Under no circumstance is the Contractor permitted to make unauthorized substitutions.

• Seek approval for partial shipments, prior to delivering, from the CO, Contracting Officer’s

Representative (COR), or authorized purchaser prior to ordering.

• Indicate unfilled orders and partial shipments on the order acknowledgement.

• Contractors must inform ordering organizations of the availability dates for unfilled and partial shipment orders.

• Partial shipments now allowable for ordering using the p-card as the payment method.

• Provide a shipping notification.

Provide an automatic tax exemption, where applicable, for all purchases covered under this IDIQ.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Post-Award Changes:

(a) This contract allows for items to be added on a post award basis during the base period or any option period, provided that the Contractor is able to furnish the additional item(s) and the Contracting Officer and Contractor are able to agree on terms, including reasonable price and delivery, as determined by the Contracting Officer. This is necessitated due to the dynamic environment that the TSA operates in.

(b) During any period of the contract resulting from this solicitation, the Government may elect to delete any item or items.

Property Rights of Embellishments:

Al1 embellishments depicting Federal Air Marshal, TSA, DHS, set forth in this solicitation are reserved for use under this contract only. Awardee is not authorized to utilize the embellishment for any other purpose or use.

Use and Transfer of Government Manufacturing Dies:

Government Dies furnished to the contractor or transferred to the incumbent contractor from the previous contract, remain the property of the Government. These dies cannot be used in the performance of any other contract, modification or purchase order without the written endorsement of the COR, Matthew Randolph, and written permission of the Contracting Officer. In addition, the dies cannot be shipped to any 3rd party without prior written permission from the Contracting Officer.

TSA-INSTR: PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION (SEP

2020)

Prescription: You may include in all TSA contracts when also including HSAR 3052.205-70 and/or Alternate I.

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the award and/or performance of this contract without the prior written consent of the Contracting Officer. The Contractor shall submit any request for public release at least ten (10) business days in advance of the planned release. Under no circumstances shall the Contractor release any requested submittal prior to TSA approval. Any material proposed to be published or distributed shall be submitted via email to the Contracting Officer. The Contracting Officer will follow the procedures in Management Directives

1700.3 and 1700.4. The Administrator retains the authority to deny publication authorization. Any conditions on the approval for release will be clearly described. Notice of disapproval will be accompanied by an explanation of the basis or bases for disapproval.

TSA-INSTR CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS) (SEP 2020)

In accordance with FAR 42.15, the Transportation Security Administration (TSA) is required to report the contractor’s performance under contract. The TSA reporting thresholds, in accordance with the Department of Homeland Security’s (DHS) FAR class deviation, is $1,000,000 for contracts and orders for services, and $500,000 for contracts and orders for supplies.

In order to support thorough and timely Contractor Performance Assessment Reporting System (CPARS) reports, the contractor shall provide a self-assessment of their performance within 10 days after the end of the base period and within 10 days after the end of any exercised option period(s) of the contract. The contractor shall provide a detailed narrative for each of the relevant evaluation areas (Quality, Schedule, Cost Control, Management, Utilization of Small Business, and Regulatory Compliance). The contractor may also provide their own self-assessment rating (Exceptional, Very Good, Satisfactory, Marginal or Unsatisfactory) per FAR Table 42-1 for each area for Government consideration.

The following are elements to be addressed in each area in order to support the narrative and any self-rating:

• Quality: Requirements; conformance to specifications; workmanship; accurate reports/data.

• Schedule: Milestones; delivery schedules; administrative requirements; schedule variance.

• Cost Control: Causes and contractor-proposed solutions for cost overruns/underruns; contractor adherence to total estimated cost; billings current, accurate, and complete. (Not required to be addressed for Fixed Price type contracts unless specifically required elsewhere in the contract)

• Management: Contractor oriented toward customer; interaction between contractor and Government;

adequacy of the contractor’s accounting, billing, estimating systems and management of Government Furnished Property (GFP); effort devoted to managing subcontractors; risk management practices;

supporting key personnel; replace key personnel as necessary.

• Utilization of Small Business: Small business participation goals stated in contractor/order;

achievement on each individual goal stated within contract/order or subcontracting plan including good faith efforts if goal was not achieved.

• Regulatory Compliance: Contractor complied with contract clause requirements; complied with reporting requirements; complied with Quality Assurance Surveillance Plan (QASP); complied with specifications, reporting into databases as required under the contract, and reporting requirements in response to the solicitation provisions and clauses effective under the contract, or other requirements.

• The contractor should utilize the Guidance for the Contractor Performance Assessment Reporting System (CPARS) located on the CPARS website, https://www.cpars.gov/, to assist in preparation of the self-evaluation. The contractor shall submit their self-evaluation, preferably via email, as a MS Word or other Office compatible document to the Contracting Officer and Contracting Officer’s Representative (COR) identified in the contract within the time period identified above. Standard USPS mail may also be utilized, if required. The TSA may consider the contractor’s self-assessment, along with all available relevant data and information, when completing the contractor’s past performance evaluation for each specific performance period. Submission of a contractor’s self-evaluation is considered information regarding the contractor’s performance and may not represent the final CPARS rating. Submission of this contractor self-assessment to the Government does not otherwise alter, change, or diminish any rights of the Government as expressed under Federal Acquisition Regulation Part 42 concerning the use of past performance information about any contractual vehicle.

(End of clause)

SECTION I – CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.aquisition.gov/far

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (NOV 2021)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Mar 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

From Paragraph (b)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP

2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

_X_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

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_X_ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (SEP 2021) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR

2023) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) ( 15 U.S.C. 637(m)).

_X_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

_X_ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.

C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial

Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) ( 31 U.S.C. 3332).

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