Supplementary Terms and Conditions.pdf

Supplementary Terms and Conditions

PROPOSAL SUBMISSION INSTRUCTIONS

Proposals are accepted in digital format only, and as Microsoft Word, Microsoft Excel or PDF.

Format proposals to standard letter size (8.5” W by 11” L), with graphics embedded directly in the document. The body of the proposal should follow the cover sheet. Do not send compressed collections of files, such as .zip files. Proposals shall be sent in two parts at a minimum, technical and price.

The price proposal shall include breakdown of pricing including labor hours, labor rates, overhead, and material costs for the base year and each option year.

Send the proposal document as an email attachment to allison.e.baker@cbp.dhs.gov. You will receive an email confirming submission of proposal. If you do not receive a confirmation email, have difficulty submitting your proposal, or have extenuating circumstances that prevent you from submitting the digital proposal by the deadline please contact us.

For answers to questions not addressed in these instructions, or elsewhere in the website, please email allison.e.baker@cbp.dhs.gov.

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (JUL 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

____3052.216–70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219–72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

____3052.247–70 F.o.B. Origin Information.

____Alternate I

____Alternate II

____3052.247–71 F.o.B. Origin Only.

____3052.247–72 F.o.B. Destination Only.

mailto:allison.e.baker@cbp.dhs.gov mailto:allison.e.baker@cbp.dhs.gov

(b) Clauses.

____3052.203–70 Instructions for Contractor Disclosure of Violations.

____3052.204–71 Contractor Employee Access.

____Alternate I

____Alternate II

__ _3052.204–72 Safeguarding of Controlled Unclassified Information.

____Alternate I

____3052.204–73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

__X_3052.205–70 Advertisement, Publicizing Awards, and Releases.

____Alternate I

____3052.209–72 Organizational Conflicts of Interest.

____3052.209–73 Limitation on Future Contracting.

____3052.215–70 Key Personnel or Facilities.

____3052.216–71 Determination of Award Fee.

____3052.216–72 Performance Evaluation Plan.

____3052.216–73 Distribution of Award Fee.

____3052.217–91 Performance. (USCG)

____3052.217–92 Inspection and Manner of Doing Work. (USCG)

____3052.217.93 Subcontracts. (USCG)

____3052.217.94 Lay Days. (USCG)

____3052.217–95 Liability and Insurance. (USCG)

____3052.217–96 Title. (USCG)

____3052.217.97 Discharge of Liens. (USCG)

____3052.217–98 Delays. (USCG)

____3052.217–99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

____3052.217–100 Guarantee. (USCG)

____3052.219–71 DHS Mentor Protégé Program.

____3052.228–70 Insurance.

____3052.228–90 Notification of Miller Act Payment Bond Protection. (USCG)

____3052.228–91 Loss of or Damage to Leased Aircraft. (USCG)

____3052.228.92 Fair Market Value of Aircraft. (USCG)

____3052.228–93 Risk and Indemnities. (USCG)

____3052.236–70 Special Provisions for Work at Operating Airports.

_X__3052.242–72 Contracting Officer's Representative.

____HSAR 3052.249–90 Contract Termination (USCG).

SPECIFICATIONS, STATEMENT OF WORK, OR STATEMENT OF OBJECTIVES ATTACHED (MAR 2003)

The Specifications, Statement of Work, or Statement of Objectives which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of "specifications" as described in the clause, Order of Precedence, FAR 52.215-8 incorporated herein by reference.

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.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(AUG 2022)

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 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 invoice [CO to edit and include the documentation required under this contract]:

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.

PAYMENT AND INVOICE INSTRUCTIONS (AUG 2022)

1. In order to request contract payment, the contractor shall submit a proper invoice, as defined by Federal Acquisition Regulation (FAR) 2.101 for payment in the manner and format described below.

a. The contractor shall submit an original invoice/voucher, via postal mail or electronic mail (email), simultaneously to the following:

Finance and Accounting Division/Commercial Accounts

DHS/U.S. Customs and Border Protection

Finance & Accounting Division/Commercial Accounts

6650 Telecom Drive

Indianapolis, IN 46278

OR email: cbpinvoices@cbp.dhs.gov

Note: For invoices with payment terms less than net 30:

The subject line for all emailed invoices to the FAD must include the following text: Per CBP, Net [state # days] Invoice

b. Contracting Officer or Contract Administrator (CO or CA) [fill in at time of award]

DHS/U.S. Customs and Border Protection

Attention: [insert name of COor CA]

[insert CO or CA office designation]

[insert mailing address]

[insert city, state, zip code or country information]

OR email: [insert email address]

c. Contracting Officer’s Representative (COR) (fill in at time of award):

DHS/U.S. Customs and Border Protection

Attention: [insert name of COR]

[insert COR office designation]

[insert mailing address]

[insert city, state, zip code or country information]

OR email: [insert email address]

d. The contractor shall submit a copy of the original invoice/voucher for all DHS cost-reimbursement and time and material/labor hour contracts and delivery orders to the branch manager/resident auditor of the cognizant Defense Contract Audit Agency (DCAA) Field Audit Office. Copies may be sent to DCAA, via postal mail or email and must be sent at the same time the invoice/voucher is sent to the FAD, CO and COR. The CO shall provide the following information:

DCAA Field Office [insert name of DCAA Field Office designation]

Name: [insert name of branch manager/resident auditor]

[insert DCAA Field Office mailing address]

[insert city/state/zip code or country information]

Phone: [insert DCAA Field Office phone number]

Email: [insert branch manager/resident auditor’s email address]

e. In accordance with FAR 32.904(b), the CO, in conjunction with the COR and FAD, will determine whether the invoice is proper or improper within seven (7) days of receipt. Improper invoices will be returned to the contractor within seven (7) days of receipt.

REVIEW AND APPROVAL REQUIREMENTS

1. To constitute a proper invoice, invoices shall include, at a minimum, all the items required in FAR 32.905.

a. The minimum requirements are:

(1) Name and address of the contractor.

(2) Invoice date and invoice number.

(3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number.

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g. shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer identification number (TIN).

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

(10) Any other information or documentation required by the contract (e.g. evidence of shipment).

b. For cost reimbursement or time and material contracts (other than a contract for a commercial item), the contractor shall bill and maintain a record of indirect costs in accordance with FAR 52.216-7(d).

c. Supplemental documentation required for review and approval of invoices, at the written direction of the contracting officer, may be submitted directly to either the contracting officer, or the contracting officer’s representative. Contractors shall submit all supplemental invoice documentation along with the original invoice.

d. Invoices that fail to provide the information required by the Prompt Payment clause (FAR 52.232-

25) may be rejected by the Government and returned to the contractor.

ADDITIONAL INVOICE REQUIREMENTS

1. In addition to the invoice requirements contained in FAR 32.905 and FAR 52.216-7, the following also applies:

a. Invoices must include the following information to support all costs claimed:

(1) period of performance for the costs claimed;

(2) current amounts for each CLIN, if applicable;

(3) current direct and indirect incurred costs, including fee;

(4) cumulative amounts for each CLIN; and

(5) statement signed by an authorized company representative

(6) Certifying that the costs in the invoice are accurate and complete.

2. The Government reserves the right to make invoice adjustments if associated costs are determined to be unallowable.

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.

DISCLOSURE OF INFORMATION (MAR 2003)

A. General

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons exceptas may be necessaryinthe performance of the contract.

B. Technical Data Rights

The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract.

Refer to the Rights in Data clause for additional information.

C. Privacy Act

In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees.

CONTRACT SERVICES NOT REQUIRING FULL BACKGROUND INVESTIGATION (MAY 2022)

Pre-screening security requirement

Contractors and subcontractors entering a CBP-controlled facility are required to complete requisite pre-screening security checks and are subject to a criminal history and limited background check utilizing the National Crime Information Center (NCIC) system. This request is to be submitted at least 72 hours prior to the date and time where access is required on OMB Form Control No. 3206-0277. Email requests to SMDSECURITYSERVICESBRANCH@cbp.dhs.gov or fax to the Office of Professional Responsibility, ATTN: Security Management Division at 202-344-1860.

All contractors and subcontractors must be sponsored by a CBP employee or contractor who are in possession of a valid Personal Identity Verification (PIV) card. Contractors and subcontractors who have not been issued a PIV card must be continually escorted upon entering a CBP-controlled facility. CBP’s Chief Security Officer (CSO), or their designated official, may deny, revoke, or refuse entry to any individual into CBP’s facilities when it has been determined they pose a security or safety risk to personnel or property.

Definitions

Escorted Access –A limited form of access that requires an authorized individual to accompany a visitor while physically located in a CBP-controlled facility.

National Crime Information Center (NCIC) – A computerized index of criminal justice information that is available 24 hours a day to assist in the prompt disclosure of criminal justice and related law enforcement issues to authorized agencies.

Screening – Access eligibility verification which includes, but is not limited to, criminal history checks, foreign visitor screening, and physical body/baggage scanning (e.g., NCIC, magnetometer and x-ray scans).

Sponsor – A CBP authorized individual to accompany a visitor while inside a CBP-controlled facility.

Visitor – Any individual sponsored for physical access to a CBP-controlled facility who does not have unaccompanied facility access approved by CBP and requires an escort while in a CBP-controlled facility. This includes contractors or subcontractors that have not completed any contractual background investigation requirements.

AGENCY LEVEL PROTEST NOTICE (APRIL 2003)

Offerors are notified that per FAR 33.103(d)(4), an independent review of the grounds for a protest is available at a level above the contracting officer as an alternative to the protest to the agency contracting officer, not as an additional appeal after the protest to the agency contracting officer has been resolved. A choice to protest to the agency contracting officer therefore relieves CBP of any further internal review or appeal after the contracting officer’s decision.