RFQ No. 70T01023Q7668D013.pdf
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- TSA Springfield Warehouse - Waste Management Federal contract opportunity
- Solicitation number
- 70T01023Q7668D013
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| Attachment 2 - Quote Submission Form.docx | DOCX document | |
| Attachment 1 - Wage Determination No. 2015-4281 Rev.25.pdf |
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COMBINED SYNOPSIS AND SOLICITATION
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation for this contracting opportunity with TSA is detailed herein. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02.
This combined synopsis/solicitation, Request for Quote (RFQ) No. 70T01023Q7668D013, is to notify contractors that the government intends to issue one (1) Firm Fixed Price (FFP) purchase order for dumpster and disposal services in support of TSA occupied leased spaces at The TSA Logistics Warehouse (VA-TSALC) in accordance with FAR Subpart 13.106, under the simplified acquisition procedures.
This procurement is set aside for eligible Small Businesses. The applicable NAICS code is 562111 Solid Waste Disposal with a small business size standard of $41.5 million. The Product Service Code (PSC) is anticipated to be V112 Transportation/Travel/Relocation - Transportation:
Motor Freight. Prospective Quoters are responsible for downloading the solicitation and any amendments. It is the Quoter’s responsibility to monitor SAM.gov for the release of any amendments to this solicitation.
The Government intends to evaluate submittals and award a purchase order on initial submittals without exchanges, but reserves the right to enter into exchanges. A submittal in response to the RFQ must contain the Quoter’s best terms from price standpoint. The Government reserves the right to award one or no purchase order at all. Quoters are encouraged to submit their best and final quote.
The Contracting Officer, prior to award will determine the prospective Contractor’s responsibility in accordance with FAR Part 9.1 “Responsible Prospective Contractors.” If the prospective Contractor is found not responsible the Contracting Officer will follow FAR part 19 procedures.
Quoters must be registered and active in the System for Award Management (SAM) in order to be eligible for purchase order award.
SUBMISSION REQUIREMENTS
Submission of Questions. Questions in regard to this RFQ are due no later than 12:00 PM local Washington DC time, on Monday, February 27, 2023 to michael.capovilla@tsa.dhs.gov and austin.carter1@associates.tsa.dhs.gov.
Submission of Quotes. Quotes are due via electronic mail no later than 12:00 PM local Washington DC time, on Wednesday, March 1, 2023 to michael.capovilla@tsa.dhs.gov and austin.carter1@associates.tsa.dhs.gov.
The Quoter shall fill out, sign, and submit RFQ Attachment 2 – Quote Submission Form.
EVALUATION OF RESPONSES
Quotes shall be submitted in accordance with the instructions provided above. A Quote may be rejected as grossly deficient if the Contracting Officer determines that the quote does not materially comply with the instructions.
The Government will make an award for this solicitation based on lowest price technically acceptable (LPTA). Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the Quoter with the lowest evaluated price and evaluated as technically acceptable, and deemed responsive to the solicitation requirements and is determined to be responsible in accordance with the FAR. Quotes will be evaluated as follows:
Factor 1 - Technical Approach Technical approach will be rated as either “Technically Acceptable” or “Technically Unacceptable” and will be evaluated as follows:
To be determined technically acceptable, the Quoter shall confirm in RFQ Attachment 2 – Quote Submission Form the following:
(1) All requirements of the Statement of Work (SOW) will be met (See RFQ Pages 6 - 19).
(2) I understand that the Statement of Work (SOW) requires a thirty (30) cubic yard dumpster (no larger nor smaller) and will comply with this requirement.
(3) I understand that the Statement of Work (SOW) requires a scheduled monthly haul and disposal and will comply with this requirement.
(4) I understand that the Statement of Work (SOW) requires the ability to accommodate overtonnage situations and will comply with this requirement.
(5) I agree to comply with the prevailing Department of Labor Wage Determination (See RFQ Attachment 1 Wage Determination 2015-4281 Rev. 25).
(6) I agree to comply with FAR 52.222-62 “Paid Sick Leave Under Executive Order 13706” (See RFQ Pages 20-26).
To be eligible for award the technical quotation must be evaluated as “Technically Acceptable”.
Factor 2 - Price
1. The proposed prices will be evaluated on the basis of the Total Evaluated Price of the quote, calculated by adding together the proposed prices for each Line Item identified in RFQ Attachment 2 – Quote Submission Form. The Government will evaluate quote for award purposes by adding the total price for all option years to the total price for the base year. The Government intends to evaluate the total evaluated price for reasonableness on the basis of competition.
2. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced.
3. Evaluation of options shall not obligate the Government to exercise those options. The Total Evaluated Price for each Quotation will be compared to all other Quotations to determine the apparent lowest-priced quotation, and will be evaluated for fairness and reasonableness, but will not receive an adjectival rating.
4. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period. Offerors shall not provide pricing for labor under FAR 52.217-8 “Option to Extend Services” in their proposals.
Responsible Prospective Contractors Notwithstanding the evaluation methodology outlined in this RFQ, a Quoter must also be found responsible by the Contracting Officer prior to the award of any resultant purchase order. At a minimum, to be determined responsible a prospective contractor must:
1. Have adequate financial resources to perform the contract, or the ability to obtain those resources;
2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all other business commitments;
3. Have a satisfactory record of integrity and business ethics;
4. Have a satisfactory performance record;
5. Have the necessary organization, experience, accounting and operational controls; and,
6. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
SOLICITATION TERMS AND CONDITIONS
Table of Contents
Section I – Schedule of Supplies/Services Page 4 Section II – Statement of Work (SOW) Page 6 Section III – Purchase Order Clauses Page 20 Section IV – Solicitation Attachments Page 40 Section V – Solicitation Provisions Page 40
Section I – Schedule of Supplies/Services
1.0 General
The Contractor (independently and not as an agent of the Government) shall furnish all necessary labor, supplies, materials and equipment (except as otherwise authorized by the Contracting Officer) as required to provide “Dumpster and Disposal Services” for the Transportation Security Administration at the TSA Logistics Warehouse (VA-TSALC). Performance shall be in accordance with all provisions and specifications as stipulated herein.
1.1 Period of Performance (POP)
The contract period of performance shall consist of one 12-Month Base Period and four 12-month Option Periods. The period of performance for this contract is anticipated as follows:
Base Period CLIN 00001 03/15/2023 – 03/14/2024 (12 Months) Option Period 1 CLIN 10001 03/15/2024 – 03/14/2025 (12 Months) Option Period 2 CLIN 20001 03/15/2025 – 03/14/2026 (12 Months) Option Period 3 CLIN 30001 03/15/2026 – 03/14/2027 (12 Months) Option Period 4 CLIN 40001 03/15/2027 – 03/14/2028 (12 Months)
1.2 Contract Type
This is a firm fixed price purchase order.
1.3 Contract Line Item Numbers
The proposed pricing for the required services shall be based on the following contract line item numbers:
CLIN DESCRIPTION QTY UNIT
MONTHLY
PRICE
TOTAL PRICE
00001
Dumpster and Disposal Services for TSA Leased Spaces at the TSA Logistics Warehouse (VA-
TSALC)
POP: 03/15/2023 – 03/14/2024
Deliverables: Tonnage Report
12 Month $__________ $___________
10001
Dumpster and Disposal Services for TSA Leased Spaces at the TSA Logistics Warehouse (VA-
TSALC)
POP: 03/15/2024 – 03/14/2025
Deliverables: Tonnage Report
12 Month $__________ $___________
20001
Dumpster and Disposal Services for TSA Leased Spaces at the TSA Logistics Warehouse (VA-
TSALC)
POP: 03/15/2025 – 03/14/2026
Deliverables: Tonnage Report
12 Month $__________ $___________
30001
Dumpster and Disposal Services for TSA Leased Spaces at the TSA Logistics Warehouse (VA-
TSALC)
POP: 03/15/2026 – 03/14/2027
Deliverables: Tonnage Report
12 Month $__________ $___________
40001
Dumpster and Disposal Services for TSA Leased Spaces at the TSA Logistics Warehouse (VA-
TSALC)
POP: 03/15/2027 – 03/14/2028
Deliverables: Tonnage Report
12 Month $__________ $___________
TOTAL CONTRACT VALUE $_________
Section II – Statement of Work (SOW)
DUMPSTER AND DISPOSAL SERVICE
1.0 REQUIRING ORGANIZATION
U.S. Department of Homeland Security Transportation Security Administration (TSA) 6595 Springfield Center Dr. Office #54500 Springfield, VA 20598
2.0 OBJECTIVE
The TSA Logistics Warehouse (VA-TSALC) has a dumpster requirement for reoccurring removal of debris and trash from the General Services Administration (GSA) facility located at 6810 Loisdale Rd, Building A, Door 18, Springfield, VA 22150.
3.0 BACKGROUND
The Property Management Division (PMD), under Enterprise Support (ES) - Security and Administrative Services (SAS), requires independent dumpster and disposal services to sustain logistical operations. Materials to be disposed of will consist of normal, non-hazardous office/warehousing dunnage.
4.0 SCOPE
The Contractor shall perform all necessary work to include all labor, equipment and materials necessary to perform dumpster positioning, removal and replacement operations.
5.0 TECHNICAL SPECIFICATIONS
The Contractor will perform trash removal services at the facility, to include:
a) Coordinated placement of a 30 cubic yard dumpster;
b) Scheduled monthly removal (pickup) and disposal of trash within the dumpster;
c) Ability to accommodate over-tonnage situations;
6.0 OTHER REQUIREMENTS
6.1 All work shall be performed in strict accordance with all applicable federal, state and local codes and ordinances.
6.2 The Contractor shall not store equipment, materials, or vehicles at the working location. There will be no storage provided. All materials shall be removed from the site after work is completed. Contractor shall have all the required permits to operate equipment, machines and tools.
6.3 The Contractor shall perform all work in strict accordance with the highest safety standards and applicable codes in order to eliminate the possibility of damage to other areas of the building including, but not limited to, the building structure.
6.4 The Contractor shall ensure direct coordination with on-site Government personnel and/or designated representatives; The Contractor shall provide a monthly disposal (tonnage) report (See Deliverable #1) to the Facility Manager, COR, and CO via electronic mail. This report shall include a summary of all disposal actions performed.
7.0 PERIOD OF PERFORMANCE
The Period of Performance for this requirement shall commence no later than thirty (30) calendar days after award, for a period of one year, with the option to extend for (4) one year options.
8.0 LOCATION OF INSTALLATION AND SERVICE
Location: 6810 Loisdale Rd
Building A, Bay Door 50 Springfield, VA 22150 (See Attachment #1)
Access to the gated GSA facility will require a valid ID.
9.0 GOVERNMENT POINTS OF CONTACT
Contracting Officer (CO): Michael Capovilla
Contracting Specialist (CS): Austin Carter
Contracting Officer Representative (COR): Joseph Countouris
Warehouse Manager (WM): Samuel Rodriguez
10.0 DELIVERABLES
10.1 Schedule
No. Deliverable Item
SOW
Section
Due Date After Notice to Proceed
Deliverable Format Recipient
1 Tonnage Report 6.4 Concurrent with Quote
Soft Copy Microsoft Word Compatible Documents
COR/WM
11.0 ATTACHMENTS
Warehouse Map – Dumpster Placement
12.0 TSA Requirements
TSA-RQMTS; CONTRACTOR PERSONNEL, ACCESS TO TSA FACILITIES,
INFORMATION AND/OR SYSTEMS (SEP 2020)
A. All Contractor personnel requiring access to TSA facilities, information systems, and/or information will be subject to the security procedures set forth in this contract.
B. All contractor employees seeking to provide services to TSA under a TSA contract are subject to a fitness determination to assess whether their initial employment or continued employment on a TSA contract protects or promotes the efficiency of the agency. TSA, by and through the Law Enforcement/Federal Air Marshal Service’s, Personnel Security Section (PerSec), will allow a contractor employee to commence work on a TSA contract only if a review of the contractor employee’s preliminary background check is favorable. Contractor employees with unfavorable preliminary background checks will not be allowed to work on a TSA contract.
C. A fitness determination involves the following three phases:
1. Phase 1: Enter On Duty Fitness Determination: a review of a contractor employee’s consumer credit report, criminal history records, and submitted security forms to determine, to the extent possible, if the contractor employee has bad debt and/or criminal offenses and/or falsification issues that would prohibit employment as a TSA contractor. This determination may include verification of citizenship for contractor employees born outside of the United States. A favorable Enter On Duty Suitability Determination is not a final fitness determination; rather, it is a preliminary review of external data sources that allows the contractor employee to commence work prior to the required background investigation being completed. When a contractor employee is deemed eligible to commence work on a TSA contract, TSA PerSec will notify the appropriate Contracting Officer’s Representative (COR) of the favorable determination. Similar notifications will be sent when a contractor employee has not passed the preliminary background check and has been deemed unsuitable.
2. Phase 2: Background Investigation: Once the contractor employee commences work on a TSA contract, TSA PerSec will process all submitted security forms to determine whether the contractor has previously been the subject of a federal background investigation sufficient in scope to meet TSA minimum investigative requirements. Contractor employees who have a federal investigation sufficient in scope will immediately be processed for final fitness adjudication. Those contractor employees who do not have a previous federal background investigation sufficient in scope will be scheduled for the appropriate level background investigation through the National Background Investigations Bureau.
3. Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after receipt, review, and adjudication of the completed background investigation. The final fitness determination is an assessment made by TSA PerSec to determine whether there is reasonable expectation that the continued employment of the TSA contractor will or will not protect or promote the efficiency of the agency. An unfavorable final fitness determination will result in a notification to the COR that the contractor employee has been deemed unfit for continued contract employment and that he/she shall be removed from the TSA contract.
D. The period of performance may begin 60 days after contract award to allow for the Enter On Duty Fitness Determination. A contract modification shall be executed to revise the period of performance once the determination process is completed. For Fixed price awards, in the event of staggered completed determinations the parties may negotiate fixed monthly rates so that performance can begin with partial staff.
E. Whenever personal identity verification (PIV ) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer’s Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Security Section, and the COR will advise the Contractor about Government PIV card issuing facility locations that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.
TSA-RQMTS; PERFORMANCE STANDARDS (SEP 2020)
Adherence to Standards. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. See TSA Management Directive (MD) 1100.73-5, Employee Responsibilities and Code of Conduct. Contractor employees performing work under this contract shall not: -Solicit new business (on-site at government spaces, or while on work during periods paid by Government) while performing work under the contract; -Conduct business other than that which is covered by this contract during periods paid by the Government; -Conduct business not directly related to this contract while on Government premises; -Use Government computer systems or networks, Government property or materials, and/or Government facilities for company or personal business; -Recruit while on Government premises or otherwise act to disrupt official Government business while on Government premises. -Discuss with unauthorized persons any information obtained during the performance of work under this contract. -Engage in harassment. See TSA MD 1100-73.3 Anti-Harassment Program.
Reporting Matters. Illegal, and Unethical, or Inappropriate Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer’s Representative, any illegal, or unethical, or inappropriate conduct observed, noticed, or discovered while on Government premises or during periods paid by the Government under this contract, without regard as to the source of such conduct (except that any matter involving only contractor employees, apart from any Government requirements or the specific requirements of this contract, is deemed to be strictly the concern of the Contractor). The Contractor shall immediately report to the Government all actual or suspected violations of Government information, personnel, or physical security requirements. The Contractor shall fully comply with all of the reporting requirements that are expressed for specified circumstances and issues identified in discrete Federal Acquisition Regulation or Homeland Security Acquisition Regulation terms in force under this contract.
Emergency Situations While on Government Premises. Contractor employees shall immediately report any emergency situations they may witness (any circumstance where actual or potential loss of life, serious injury, or critical damage to property, or other serious incidents, such as fires, or workplace violence, terrorist activities, or other criminal behavior is occurring) per standing TSA procedures while they are performing under contract in government facilities.
CONTRACTOR’S RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT, AND
SUPPLIES If, due to the fault or neglect of the Contractor, his agents, or employees, damages are caused to any Government property, equipment, stock or supplies, during the performance of this contract, the Contractor shall be responsible for such loss or damage and the Government, at its option, may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property. The Contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract. All telephones are for conducting official Government business only.
PERSONAL SERVICES “Personal services” are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting
Officer of this communication or action. The Contractor shall not perform any inherently Governmental actions as defined by FAR 7.500. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this term.
TSA-INSTR: 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: To be updated upon award.
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.
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
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) 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 for prior month’s services that have been received and accepted by the Government.
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.
TSA-INSTR: PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION
(SEP 2020)
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: NON-FEDERAL ACCESS TO TSA NATIONAL CAPITAL REGION
FACILITIES (SEP 2020)
Background. Department of Homeland Security (DHS) Visitor Access Policy mandates that visitors, to include all parties such as proposed subcontractors, accessing DHS National Capital Region (NCR) Component Headquarters and related Headquarters NCR facilities be subject to a criminal history check. To that end, in July 2016, TSA began requiring the submission of Personally Identifiable Information (PII) for all non-federal visitors and foreign national visitors entering TSA facilities in the National Capital Region, including TSA Headquarters, the Freedom Center, Annapolis Junction, Walker Lane, and the Transportation Security Integration Facility (TSIF), in order to process the required screening checks. Of note, for contracts requiring access to TSA facilities, information systems, or sensitive but unclassified information as part of contract performance, contractor employees are subject to a suitability determination.
A. Purpose: The submitted information will be used to conduct screening checks to permit and maintain records of access to DHS NCR facilities pursuant to the authority of 40 U.S.C. § 1315;
41 C.F.R. Part 102-81; Executive Order. 9397.
B. Applicability: A Non-Federal Visitor or Foreign National Visitor is an individual who has not been issued a DHS Personal Identity Verification (PIV) card or is not a current Federal government employee. Non-TSA current Federal government employees will be recorded in the Visitor Request Form excluding any PII.
C. Routine Uses: The information requested may be shared externally as a "routine use" to the Department of Justice, Federal Bureau of Investigation and other government agencies as part of the screening process. A complete list of the routine uses can be found in the system of records notice, "Department of Homeland Security/ALL-024 Facility and Perimeter Access Control and Visitor Management System of Records."
D. Consequences of Failure to Provide Information: Providing this information, including Social Security Number (SSN), is voluntary. However, failure to provide the information requested may result in being denied access to a DHS facility; failure to provide the SSN may prevent completion of screening.
E. Information Requirements. In accordance with the above: 1. Non-Federal Visitors. Non- Federal visitors to TSA facilities will need to provide Date of Birth and Social Security Number information. The required information shall be provided in a password protected Microsoft Excel spreadsheet emailed to the Contracting Officer at least one (1) full business day prior to the visit date. (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.) The Contracting Officer may delegate the receipt of this information to the respective Contracting Officer Representative (COR). In order to ensure protection of this information, the password for the password protected spreadsheet shall be sent to the Contracting Officer (or delegated COR) in a separate email, at the same time. If multiple non-federal visitors from one company require access to TSA Headquarters facilities, that company should submit a single complete spreadsheet. A DHS/TSA employee shall be responsible for both inputting the information into the Visitor Request Form and actual escorting the visitor(s) at all times. The submitted emails shall then be deleted by TSA.
2. Foreign National Visitors. Foreign Nationals visiting TSA facilities in the U.S. and its territories will need to submit additional information to screening purposes, specifically:
• Date of Birth • Gender • Country of Citizenship • Country of Birth • Passport Number and Expiration Date • Position/Title
The required information shall be provided in a password protected Microsoft Excel spreadsheet emailed to the Contracting Officer at least seven (7) full business days prior to the visit date. The Contracting Officer may delegate the receipt of this information to the respective Contracting Officer Representative (COR). In order to ensure protection of this information, the password for the password protected spreadsheet shall be sent to the Contracting Officer (or delegated COR) in a separate email, at the same time. If multiple Foreign National visitors from one company require access to TSA Headquarters facilities, that company should submit a single complete spreadsheet. A DHS/TSA employee shall be responsible for both inputting the information into the Visitor Request Form and actual escorting the visitor(s) at all times. The submitted emails shall then be deleted by TSA.
TSA-INSTR: CONTRACTOR RESPONSIBILITY, CONDUCT AND PERFORMANCE
UNDER TSA SERVICE CONTRACTS (JAN 2022)
BASIC REQUIREMENTS AFFECTING CONTRACTOR PERFORMANCE 1. The Government observes the following holidays (and government facilities are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures):
New Year’s Day Martin Luther King, Jr. Birthday Washington’s Birthday (President’s Day) Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day a) In addition to the days designated as holidays, the Government observes also the following days: • Any other day designated by Federal Statute, and • Any other day designated by Executive Order, and • Any other day designated by President’s Proclamation, such as extreme weather conditions. • Inauguration Day (Washington, DC metropolitan area) (Likewise government facilities in the DC area are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures). • Inclement weather closures and/or early dismissals • Or any other officially declared reason: b) When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract. c) In the event the Contractor’s personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked. For cost reimbursement and time and materials (T&M)/ labor hour (LH) contracts, the Government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces, is the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location, and all resources necessary to complete such performance. d) In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute telework, utilize personal protective equipment, or other mandated items. e) In the event of a Government closure (furlough) caused by a lapse in appropriations, which can occur at the beginning of a fiscal year if no funds have been appropriated for that year, or upon expiration of a continuing resolution if a new continuing resolution or appropriations law is not passed, the Contractor shall continue performance under the contract unless otherwise instructed in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract.
If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided. Processing of contractor invoices for payment may or may not be deemed an excepted duty during a furlough. As such, contractor performance is expected even though invoices are pending payment processing. The Prompt Payment Act still applies.
2. Department of Homeland Security (DHS) may close a DHS facility for all or a portion of a business day as a result of- • Granting administrative leave to non-essential DHS employees (e.g., unanticipated holiday); • Inclement weather; • Failure of Congress to appropriate operational funds; • Or any other reason. In such cases, contractor personnel not classified as essential, i.e., not performing critical roundthe-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility. The contractor is responsible for notifying all of its affected personnel in such circumstances once the Contracting Officer or Contracting Officer’s Representative provides notice of such. The contractor agrees to continue to provide sufficient personnel to perform continual requirements of critical tasks already in operation or scheduled for performance during the period in which DHS employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative. When contractor personnel services are not required or provided due to closure of a DHS facility as described in this instruction, the contractor’s payment under the contract shall be affected as follows-- For cost-reimbursement, time-and-materials and labor-hour type contracts, DHS shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility. For fixed-price contracts, the price will not be prorated and the contractor is expected to satisfy the contract requirement during the period of performance without requested extension. The Government may also terminate a contract for convenience either in partial or full.
EMPLOYEE TERMINATION. The contractor shall notify the Contracting Officer and the Contracting Officer’s Representative within 48 hours when an employee performing work under this contract who has been granted access to government information, information systems, property, or government facilities access terminates employment, no longer is assigned to the contract, or no longer requires such access. The contractor shall be responsible for returning, or ensuring that employees return, all DHS/TSA -issued contractor/employee identification, all other TSA or DHS property, and any security access cards to Government offices issued by a landlord of commercial space.
INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS. The TSA may enter into contractual agreements with other Contractors (i.e., “Associate Contractors”) in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort.
Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work. Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor’s recommendations for a solution.
The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions. Where the Contractor and Associate Contractors are required to collaborate to deliver a service; the Government will designate, in writing and prior to the definition of the task, to both Contractors, a “lead Contractor” for the project. In these cases, the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non-Disclosure Agreements.
(End of Statement of Work)
Section III – Purchase Order 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):
http://www.acquisition.gov/far/.
CLAUSE TITLE DATE
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel. JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.212-4 Contract Terms and Conditions – Commercial Items DEC 2022 52.223-2 Affirmative Procurement of Bio-based Products Under
Service and Construction Contracts
SEP 2013
52.223-10 Waste Reduction Program MAY 2011 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.237-3 Continuity of Services JAN 1991 52.242-15 Stop Work Order AUG 1989
FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written…
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