RFQ No. 70B03C21Q00000265.pdf

4. CERT.FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

7. DELIVERY

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ

BUSINESS SET-ASIDE.

PAGE OF PAGES

RATING1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO.

5a. ISSUED BY

9. DESTINATION

8. TO

b. COMPANY

b. STREET ADDRESS

a. NAME OF CONSIGNEE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

5b.FOR INFORMATION CALL (NO COLLECT CALLS)

a. NAME

NAME TELEPHONE NUMBER (Include Area code)

IS IS NOT A SMALL

6. DELIVERY BY (Date)

OTHER

(See Schedule)

FOB

DESTINATION

c. STREET ADDRESS

d. CITY f. ZIP CODEe. STATE

c. CITY

d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

11. SCHEDULE (Include applicable Federal, State and local taxes)

1 47

11A.

ITEM NO.

11F.

AMOUNT

11C.

QUANTITY

11D.

UNIT

11E.

UNIT PRICE

11B.

SUPPLIES/SERVICES

70B03C21Q00000265 09/07/2021 20126886

DHS - Customs & Border Protection Border Enforcement Contracting Division 4760 N. Oracle Rd.

Suite 100 Tucson AZ 85705

Eric R. Neckel 520-407-2804

09/17/2021 by 3:00 p.m. EST

TOTAL

12. DISCOUNT FOR PROMPT

PAYMENT

CALENDAR DAYS (%)a. 10 CALENDAR DAYS

(%) NUMBER

c. 30 CALENDAR DAYS

b. 20 CALENDAR DAYS

(%) PERCENTAGE

NOTE: Additional provisions and representations

a. NAME OF QUOTER

13. NAME AND ADDRESS OF QUOTER

c. COUNTY

e. STATE f. ZIP CODE

b. STREET ADDRESS

d. CITY

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

16. SIGNER

a. NAME

c. TITLE (Type or print)

b. TELEPHONE (Include Area code) are are not attached.

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not useable

10 Shade Canopy Installation 1.000 AU

Quotes shall be e-mailed to eric.r.neckel@cbp.dhs.gov

PAGE OF PAGES

NOTES:

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

1. REQUEST NO. 2. DATE ISSUED

2 4770B03C21Q00000265 09/07/2021

STANDARD FORM 18 (REV. 6-95)

This Request for Quotations (RFQ) is for the the removal and replacement of vehicle shade canopies at the San Luis I Land Port of Entry in San Luis, Arizona.

This solicitation is issued as a total small business set-aside. The applicable NAICS code is 236220 -- Commercial and Institutional Building Construction. The corresponding size standard is $39.5 million.

All quotes shall be submitted by e-mail to the contracting officer at eric.r.neckel@cbp.dhs.gov. Mailed quotes will not be received or considered.

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

B.1 SCHEDULE OF SUPPLIES/SERVICES

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

10 Shade Canopy Replacement 1 Lump

Sum N/A

B.2 RESERVED FOR ACCOUNTING AND APPROPRIATION DATA

B.3 DELIVERY SCHEDULE

DELIVER TO: ITEM # QTY DELIVERY DATE

San Luis I Land Port of Entry 431 North Main Street San Luis, Arizona, 85349

10 1 See Section F

B.4 CONTRACT TYPE (OCT 2008)

The contract resulting from this solicitation will be a firm-fixed-price purchase order.

[End of Clause]

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SECTION C: STATEMENT OF WORK

1. BACKGROUND: U.S. Customs and Border Protection (CBP) requires the removal and replacement of two vehicle secondary canopies at the San Luis I Land Port of Entry in San Luis, Arizona. The current canopies are damaged and beyond repair.

2. GENERAL SCOPE OF WORK: CBP, Office of Facilities and Asset Management, Facilities Management &

Engineering (FM&E), Field Operations Facilities (FOF) requires the removal and replacement of the existing damaged secondary canopies at the San Luis I Land Port of Entry. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items as necessary to perform the removal of the existing canopies and fabrication and installation of the replacement canopies in accordance with this Statement of Work and all other terms and conditions of this contract.

3. SPECIFIC TASKS:

3.1 TASK: REMOVAL AND REPLACEMENT OF VEHICLE SECONDARY CANOPIES

3.1.1 The Contractor shall furnish and install new shade canopies at the “Vehicle Secondary” location, reusing the existing support structure. There are two existing canopies in need of replacement: one horizontal canopy and one vertical canopy comprised of one piece each. The Contractor shall remove the existing canopies and install replacement canopies in accordance with the following requirements:

• Remove the existing canopies, top and side panels, and all related hardware;

• The top canopy shall be installed in (3) three panels;

• Shade Canopy Material Requirements:

o The canopies shall be made out of 95% outdoor shade fabric;

o The fabric color shall be similar to the existing canopies and will be selected by the Government after award from manufacturer’s physical samples submitted by the Contractor.

o Manufacturer’s literature: The Contractor shall submit the cut-sheet and instructions for the canopies;

o Warranty: The canopy material shall come with no less than the standard commercial manufacturer’s warranty.

• The Contractor shall provide and install new hardware for a complete working system;

• The installation shall be designed to reuse the existing canopy’s structural supports/system; and

• All materials must be procured and on-hand prior to site mobilization

3.2 TASK: DAILY AND FINAL SITE CLEANUP

3.2.1 The Contractor shall be responsible for daily clean up at the end of each workday. The Contractor shall conduct work and clean-up efforts in such a way as to maintain a safe and healthy work environment. Contractor use of Government dumpsters is not allowed for disposal of contracted construction debris.

3.2.2 The Contractor shall be responsible for disposing of all materials at an off-site location in accordance with Federal, State and local regulations. Removal, transportation and disposal of debris/rubbish shall strictly follow the required regulations and guidelines.

4. MISCELLANEOUS PROVISIONS

4.1 Alterations to Existing Conditions: Except for the existing structural members/supports, as stated in Section 4.3, existing conditions shall be cut, drilled, removed, temporarily removed, or removed and replaced as necessary for performance of work under this contract.

4.2 Replacements of existing conditions that are removed shall match similar existing conditions.

4.3 Unless otherwise indicated, existing structural members/supports shall not be cut or altered without authorization from the Contracting Officer.

4.4 Conditions remaining in place, which are damaged or defaced during the work, shall be restored to the condition existing at time of contract award.

5. SUPPLEMENTAL CONDITIONS TO SCOPE OF WORK

5.1 The work shall be coordinated with U.S. Customs and Border Protection so that port security is not compromised and so that the work minimally interrupts normal port operations.

5.2 Prior to contacting non-CBP agencies, including Federal, State and local entities, the Contractor shall contact the

COR. The COR will coordinate all meetings/communication with outside agencies.

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5.3 All outside requests for information or specifics concerning the project shall be referred to the COR or CO for response. The Contractor shall not release any information concerning the project unless directed by the COR or

CO.

5.4 The Contractor’s contractual responsibility is to CBP only. The Contractor shall direct all questions and requests regarding scope of work, cost estimates, schedules, etc. to the COR or CO.

6. CONDITIONS OF CONTRACT: Only the Contracting Officer (CO) has the authority to approve and authorize any changes to the contract. Any deviation from the original contract/scope of work shall be coordinated with the CO before work begins. No additional work or changes will be carried out without a contract modification.

7. RESPONSIBILITIES OF CONTRACTOR:

a. The Contractor shall provide, as key personnel, one Site Lead and one alternate, who will be responsible for day-to-day direction of Contractor personnel and any administrative functions related to the employment of Contractor personnel assigned to the contract (e.g., timekeeping, pay, leave, etc.). The responsible person shall have an HSPD- 12 clearance. Should Contractor personnel have any questions or concerns regarding contract performance, they should direct them to the Site Lead or his/her alternate, who will relay them to the Contracting Officer Representative (COR), as necessary.

The Contractor shall submit within 14 calendar days after award of this contract all information and documentation required by CBP to initiate the background investigation (BI) process for all on-site personnel, including a list containing the full legal name, social security number, place of birth (city and state), and date of birth of employee candidates who possess a favorably adjudicated BI or SSBI that meets federal investigation standards.

b. Insurance: The Contractor shall obtain and maintain liability insurance in accordance with FAR clause 52.228-5, Insurance-Work on a Government Installation, and HSAR clause 3052.228-70, Insurance. A Certificate of Liability Insurance (COI) shall be submitted to the Contracting Officer within 7 calendar days of contract award.

c. All expenses including bringing in equipment, workers, and materials; dismantling the equipment; clearing the site, etc. shall be deemed to be included in the contract price and no separate payment for such expenses will be provided.

d. Contractor use of premises:

The Contractor shall supply their own dumpster. No waste shall be put in building dumpsters or containers. Parking for contractor vehicles shall be coordinated with the on-site point of contact (POC).

All persons working for or under the Contractor or any subcontractor shall maintain safely marked areas of work. The building tenants shall have no functional disruptions resulting from the Contractor’s planning and execution of project work. The Contractor shall coordinate potential disruptions with the on-site POC. In the event of any CBP operation emergencies, the Contractor shall cease work and move to an area directed by CBP.

The Contractor shall secure all needed permits and certifications and shall ensure compliance with Federal, State, and local codes and design standards, latest editions, including but not limited to the following as applicable:

• International Building Code (IBC, International Code Council) http://codes.iccsafe.org/app/book/toc/2015/I-

• Occupational Safety and Health Administration (OSHA) Code of Federal Regulations Part 1910 and Part

1926.

www.osha.gov/law-regs.html

• Facility Standards for the Public Building Service, PBS/P-100 (2015): http://gsap100.wbdg.org/

8. DELIVERABLES AND DELIVERY SCHEDULE: Contractor is responsible for all equipment, supplies and labor needed to complete work as stated. All work shall be completed in a timely manner.

The Contractor shall provide the following deliverables:

a. Work schedule: The Contractor shall submit to the COR for approval three copies of a practical schedule showing the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the features of the work (including acquiring materials and equipment). The project schedule must be approved by the COR prior to mobilization or performance of any work feature.

RFQ No. 70B03C21Q00000265 Shade Canopy Replacement 5 of 47 http://codes.iccsafe.org/app/book/toc/2015/I-http://www.osha.gov/law-regs.html http://gsap100.wbdg.org/

b. Product submittals and shop drawings:

• Product submittals shall include cut sheets and instructions.

• Shop drawings shall show material dimensions and how the Contractor will connect the canopies to the existing structure/supports.

c. Maintenance manuals

d. Physical canopy color samples

e. Staffing plan: The staffing plan shall at a minimum identify and include contact information for the Contractor’s project manager and on-site superintendent. At least one of these two points of contact shall be available 24 hours a day during the period of performance in case of emergency.

The above-listed deliverables shall be provided to the Government no later than (NLT) 14 calendar days after receipt of the Notice to Proceed. All deliverables must be submitted electronically except for the color samples, which must be mailed to the COR at the following address:

U.S. Customs and Border Protection ATTN: George Sieu, RA, Program Manager 4760 North Oracle Rd., Suite 316 Tucson, AZ 85705

Clearly mark material submittals to identify which products and options are applicable to this contract (this is especially important with product data in which multiple items and/or optional items are provided for on the same sheet).

Allow 10 (ten) calendar days for review and approval of all submittals. The rejection of a deliverable by the COR is not sufficient reason to extend the contract performance period. Work on the construction site may not commence until the Contractor receives notice from the COR or CO that all deliverables have been approved as well as confirmation that all on-site Contractor employees have received favorably adjudicated background investigations.

9. ENVIRONMENTAL: Contractor is responsible for complying with all applicable environmental regulations and laws.

Material Compliance Requirements:

Contractor shall reduce the quantity of indoor air contaminants that are odorous, irritating, and/or harmful to the comfort and well-being of installers and occupants.

No asbestos-containing materials shall be installed in the performance of this work.

The Contractor shall comply with FAR clause 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

Recycling Requirements:

Maximum recycling of all construction & demolition debris is required.

Divert demolition recyclable / reusable items and materials from landfills and incineration facilities to appropriate reusable material sites. Provide documentation of compliance to the COR.

All items removed from the existing property must be destroyed in a secure manner at the Discovery location with a certificate.

10. SUBSTITUTIONS AND EQUIVALENT ITEMS: Substitutions or use of equivalent items for materials that have been reviewed and approved pursuant to Section 8 (Deliverables and Deliverables Schedule) of this SOW is only permitted if authorized by the CO.

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11. PLACE OF PERFORMANCE:

San Luis I Land Port of Entry 431 North Main Street San Luis, Arizona, 85349

12. WORK HOURS

Work shall be accomplished during normal working hours (9:00 a.m. – 5:00 p.m.), Monday through Friday. Saturday work is only permitted during daytime hours (9:00 a.m. – 2:00 p.m.) and only if approved by the COR. Requests for authorization to work on Saturday must be submitted a minimum of two days – but preferably one week – prior to the proposed Saturday work day, unless otherwise permitted by the Contracting Officer or COR.

The following list of Federal Holidays will be non-workdays unless prior approval is granted by the COR. The Contractor is responsible for checking the calendar for the exact date of the holiday:

New Year’s Day Independence Day Veterans Day ML King Day Labor Day Thanksgiving Day President’s Day Columbus Day Christmas Day Memorial Day Juneteenth

13. POINTS OF CONTACT:

Contracting Officer (CO)

Name: Eric Neckel Title: Contract Specialist, Border Enforcement Contracting Division – Pacific Branch Phone: 520-407-2804 E-mail: eric.r.neckel@cbp.dhs.gov

Contracting Officer’s Reprentative (COR):

(Contact information to be provided at time of award.)

On-Site Technical Point of Contact

(Contact information to be provided at time of award.)

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SECTION D: PACKAGING & MARKING

(INTENTIONALLY LEFT BLANK)

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SECTION E: INSPECTION & ACCEPTANCE

E.1 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.acquisition.gov

E.2 52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

E.3 POST-AWARD INSPECTION

At least five (5) business days prior to completion of construction, the Contractor representative shall submit a request to schedule a walk-through inspection with the COR to identify any "punch list" items. The on-site Contractor representative shall inspect the quality of work and identify and address discrepancies prior to holding the walk-through with the COR.

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SECTION F: DELIVERIES OR PERFORMANCE

F.1 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.acquisition.gov

F.2 52.242-14 SUSPENSION OF WORK. (APR 1984)

F.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 84 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.4 ADDENDUM TO FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

a. A notice to proceed will not be issued until the following requirements have been met:

i. Submission and approval of the required payment protection (e.g., a payment bond); and

ii. Submission and approval of the required certificate of liability insurance

b. The Contractor shall not commence physical work at the construction site until after the Contractor receives notice from the COR or CO that all required pre-construction deliverables have been approved and that all background investigations have been favorably adjudicated.

c. Substantial Completion: The work shall be substantially complete within 54 calendar days after the Contractor receives the notice to proceed. “Substantial completion” means that the replacement canopy system shall be installed and fully operational. The work will be inspected following substantial completion. The Contractor shall allow 14 calendar days’ notice for scheduling of the final inspection by the Government. Following inspection, all punch list items, including submission of all final documentation and final cleanup of the premises, shall be completed in the remaining number of days left in the period of performance.

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SECTION G: CONTRACT ADMINISTRATION DATA

G.1 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical

Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

(End of Clause)

G.2 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract.

The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016)

Beginning April 11, 2016, payment requests for all new awards must be submitted electronically through the U. S.

Department of the Treasury's Invoice Processing Platform System (IPP). Payment terms for existing contracts and orders awarded prior to April 11, 2016 remain the same. The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to April 11, 2016.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP:

- An invoice corresponding to the Schedule of Supplies/Services in Section B.1 of the contract. This attachment shall contain all of the information required by FAR 52.232-27, Prompt Payment for Construction Contracts and FAR 52.232-5, Payments under Fixed-Price Construction Contracts.

- Any necessary supporting documentation, including any required by the contracting officer.

The IPP was designed and developed for Contractors to enroll, access and use IPP for submitting requests for payment.

Contractor assistance with enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer

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

H.2 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002

(Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the

Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons

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(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

H.3 SECURITY PROCEDURES (APR 2019)

A. Controls

1. The Contractor Employee shall comply with the U.S. Customs and Border Protection’s (CBP) administrative, physical and technical security controls to ensure that the Government’s security requirements are met.

2. All Government furnished information must be protected to the degree and extent required by local rules, regulations, and procedures. The Contractor Employee shall comply with all security policies contained in CBP Handbook 1400-05D, v.7.0, Information Systems Security Policies and Procedures Handbook, or latest available version.

3. All services provided under this contract must be compliant with the Department of Homeland Security (DHS) information security policy identified in DHS Sensitive Systems Policy Directive 4300A, v.13.1 and DHS Sensitive Systems Handbook 4300A, v.12.0, or latest available version.

4. All Contractor Employees under this contract must wear identification access badges when working in CBP facilities. Prior to Contractor employees’ departure/separation, all badges, building passes, parking permits, keys and pass cards must be given to the Contracting Officer’s Representative (COR). The COR will ensure that the cognizant Physical Security official is notified so that access to all buildings and facilities can be revoked. NOTE:

For contracts within the National Capitol Region (NCR), the Office of Professional Responsibility, Security Management Division (OPR/SMD) shall be notified if building access is revoked.

5. All Contractor Employees must be entered in the Contractor Tracking System (CTS) database by the Contracting

Officer (CO) or COR. The Contractor Project Manager (CPM) shall provide timely start information to the CO/COR or designated government personnel to initiate the CTS entry. Other relevant information will also be needed for record submission in the CTS database such as, but not limited to, the contractor’s legal name, contracting company address, brief job description, labor rate, Hash ID, schedule and contract specific information. The CO/COR or designated government personnel shall provide the CPM with instructions for providing required information.

6. The CO/COR may designate responsibility for out-processing to the CPM. This requires that the CPM have an active CBP Background Investigation (BI) and Active Directory (AD) account. CPM shall provide Contactor Employee departure/separation date and reason for leaving to the CO/COR in accordance with CBP Directive 1210-007B, Tracking of Contractor Employees. Failure by the CPM to provide timely notification of Contractor Employee departure/separation in accordance with the contract requirements shall be documented and considered when government personnel completes a Contractor Performance Report (under Business Relations) or other performance related measures. Additionally, the CO/COR shall immediately notify OPR/SMD of the contractor’s departure/separation.

B. Security Background Investigation Requirements

1. In accordance with DHS Instruction Handbook 121-01-007-01, Rev. 01, the Department of Homeland Security Personnel Security, Suitability and Fitness Program, Chapter 2, Personnel Security Program Standards, § 13, Citizenship Requirements, Contractor Employees who require access to sensitive information must be U.S. citizens or have Lawful Permanent Resident (LPR) status, § 13E. A waiver may be granted, as outlined in Chapter 2, § 14 of DHS Instruction Handbook 121-01-007-01.

2. Contractor employees that require access to DHS IT systems or development, management, or maintenance of those systems must be U.S. citizens in accordance with Chapter 2, Personnel Security Program Standards, § 13, and Citizenship Requirements, § 13F. (Lawful Permanent Resident status is not acceptable in this case). A waiver may be granted, as outlined in Chapter 2, § 14 of DHS Instruction Handbook 121-01-007-01.

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3. Provided the requirements of DHS Instruction Handbook 121-01-007-01 are met as outlined in paragraph 1, above, Contractor Employees requiring access to CBP facilities, sensitive information or information technology resources are required to have a favorably adjudicated background investigation (BI) or a single scope background investigation (SSBI) prior to commencing work on this contract. Exceptions shall be approved on a case-by-case basis with the Contractor Employee’s access to facilities, systems, and information limited until the Contractor employee receives a favorably adjudicated BI or SSBI. A favorable adjudicated BI or SSBI shall include various aspects of a Contractor Employee’s life, including employment, education, residences, police and court inquires, credit history, national agency checks, and a CBP Background Investigation Personal Interview (BIPI).

4. The Contractor Employee shall submit within ten (10) working days after award of this contract a list containing the full legal name, social security number, place of birth (city and state), and date of birth of employee candidates who possess favorably adjudicated BI or SSBI that meets federal investigation standards. For Contractor employee candidates needing a BI for this contract, the Contractor Employee shall require the applicable Contractor Employees to submit information and documentation requested by CBP to initiate the BI process.

5. Background Investigation information and documentation is usually submitted by proper completion of standard federal and agency forms such as Electronic Questionnaires for investigations Processing (e-QIP), Fingerprint Card, CBP Form 78-Background Investigation Requirements Determination (BIRD), Fair Credit Reporting Act (FCRA) Form, a Contractor Employee Initial Background Investigation (BI) Form (CBP Form 77) (Sections A and B). These forms must be submitted to the designated CBP official identified in this contract. The designated CBP security official will review the information for completeness.

6. The estimated completion of a BI or SSBI is approximately sixty (60) to ninety (90) days from the date of receipt of the properly completed forms by CBP security office. During the term of this contract, the Contractor is required to provide the names of its employees who successfully complete the CBP BI or SSBI process to the CO and COR.

Failure of any Contractor Employee to obtain and maintain a favorably adjudicated BI or SSBI shall be cause for dismissal. For key personnel, the Contractor shall propose a qualified replacement employee candidate to the CO and COR within 30 days after being notified of an unsuccessful candidate or vacancy. For all non-key personnel Contractor Employees, the Contractor shall propose a qualified replacement employee candidate to the COR within 30 days after being notified of an unsuccessful candidate or vacancy. The CO/COR shall approve or disapprove replacement employees. Continuous failure to provide Contractor Employees who meet CBP BI or SSBI requirements may be cause for termination of the contract.

C. Security Responsibilities

1. The Contractor shall ensure that its employees follow the general procedures governing physical, environmental, and information security described in the various DHS CBP regulations identified in this clause. The contractor shall ensure that its employees apply proper business practices in accordance with the specifications, directives, and manuals required for conducting work under this contract. Applicable contractor personnel will be responsible for physical security of work areas and CBP furnished equipment issued under this contract.

2. The CO/COR may require the Contractor to prohibit its employees from working on this contract if continued employment becomes detrimental to the public’s interest for any reason including, but not limited to carelessness, insubordination, incompetence, or security concerns.

3. Work under this contract may require access to sensitive information as defined under Homeland Security

Acquisition Regulation (HSAR) Clause 3052.204-71, Contractor Employee Access, included in the solicitation/contract. The Contractor Employee shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the CO.

4. The Contractor shall ensure that its employees who are authorized access to sensitive information, receive training pertaining to protection and disclosure of sensitive information. The training shall be conducted during and after contract performance.

5. Upon completion of this contract, the Contractor Employee shall return all sensitive information used in the performance of the contract to the CO/COR. The Contractor shall certify, in writing, that all sensitive and non-public information has been purged from any Contractor-owned system.

D. Notification of Contractor Employee Changes

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1. The CPM shall notify the CO/COR via phone, facsimile, or electronic transmission, immediately after a personnel change becomes known or no later than five (5) business days prior to departure of the Contractor Employee.

Telephone notifications must be immediately followed up in writing. CPM’s notification shall include, but is not limited to name changes, resignations, terminations, and reassignments to another contract.

2. The CPM shall notify the CO/COR and program office (if applicable) in writing of any proposed change in access requirements for its employees at least fifteen (15) days, or thirty (30) days if a security clearance is to be obtained, in advance of the proposed change. If a security clearance is required, the CO/COR will notify OPR/SMD.

E. Non-Disclosure Agreements

As part of the BI package, Contractor Employees are required to execute and submit a Non-Disclosure Agreement (DHS Form 11000-6) as a condition to perform on any CBP contract.

H.4 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)

1. 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 Security (DHS) contract by pre-screening the person /candidate prior to submitting the 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 those candidates that have not had a felony conviction within the past 36 months or illegal drug use within the past 12 months from the date of submission of their name as a candidate to perform work under this contract. Contractors are required to flow this requirement down to subcontractors. Pre-screening involves contractors and subcontractors reviewing:

a. Felony convictions within the past 36 months. An acceptable means of obtaining information on felony convictions is from public records, free of charge, or from the National Crime Information Center (NCIC).

b. Illegal drug use within the past 12 months. An acceptable means of obtaining information related to drug use is through employee self certification, by public records check; or if the contractor or subcontractor already has drug testing in place. There is no requirement for contractors and/or subcontractors to initiate a drug testing program if they do not have one already in place.

c. Misconduct such as criminal activity on the job relating to fraud or theft within the past 12 months. An acceptable means of obtaining information related to misconduct is through employee self certification, by public records check, or other reference checks conducted in the normal course of business.

2. Pre-screening shall be conducted within 15 business days after contract award. 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.

Definition: 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 identity through some mechanism such as a personal identification number (PIN), 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.5 INSURANCE

The Contractor shall obtain and maintain liability insurance in accordance with FAR clause 52.228-5, Insurance-Work on a Government Installation, and HSAR clause 3052.228-70, Insurance. A Certificate of Liability Insurance (COI) shall be submitted to the Contracting Officer within 7 calendar days of contract award.

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SECTION I: CONTRACT CLAUSES

I.1 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):

FAR: www.acquisition.gov HSAR: https://www.acquisition.gov/hsar

FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES INCORPORATED BY REFERENCE

I.2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

I.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)

I.4 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS. (JUN 2020)

I.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

I.7 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.8 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

I.9 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.10 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

I.11 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

I.12 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

I.13 52.222-3 CONVICT LABOR (JUN 2003)

I.14 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

I.15 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.16 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

I.17 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

I.18 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.19 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.20 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

I.21 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS (MAY 2014)

I.22 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.23 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

I.24 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

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I.25 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

I.26 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

I.27 52.222-34 PROJECT LABOR AGREEMENT. (MAY 2010)

I.28 52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2020)

I.29 52.222–55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020)

I.30 52.222–62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

I.31 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

I.32 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2011)

I.33 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

I.34 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

I.35 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS. (AUG 2018)

I.36 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

I.37 52.223-21 FOAMS (JUN 2016)

I.38 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

I.39 52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS. (DEC 2007)

I.40 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.41 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION. (JAN 1997)

I.42 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

I.43 52.228-14 IRREVOCABLE LETTER OF CREDIT (MAY 2014)

I.44 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.45 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.46 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

I.47 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

I.48 52.233-1 DISPUTES. (ALTERNATE I) (MAY 2014)

I.49 52.233-3 PROTEST AFTER AWARD. (AUG 1996)

I.50 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

I.51 52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

I.52 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

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I.53 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.54 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

I.55 52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

I.56 52.236-8 OTHER CONTRACTS. (APR 1984)

I.57 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS. (APR 1984)

I.58 52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

I.59 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

I.60 52.236-12 CLEANING UP. (APR 1984)

I.61 52.236-13 ACCIDENT PREVENTION. (NOV 1991)

I.62 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (ALTERNATE I) (FEB 1997)

I.63 52.236-26 PRECONSTRUCTION CONFERENCE. (FEB 1995)

I.64 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

I.65 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)

I.66 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS. (FEB 2006)

I.67 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)

I.68 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). (APR 1984)

I.69 52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES INCORPORATED IN FULL TEXT

I.70 52.204-21 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause -

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

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(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from…