tsa terms and conditions for trained canines

8/19/2019 TSA Terms and Conditions for Trained Canines

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HSTS02-16-Q-TWE401

BLANKET PURCHASE AGREEMENT

SPECIALIZED PASSENGER SCREENING CANINES

Table of Contents

Section Description Page Number

I Description of Agreement 2

II Statement of Work 3

III Ordering 10

IV Attachments 11

V TSA Clauses 11

VI FAR Clauses 19

VII Instructions to Prepare Quote & Evaluation Factors 24


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SECTION I: DESCRIPTION OF AGREEMENT

Under this firm fixed price Blanket Purchase Agreement (BPA), the vendor shall provide theTransportation Security Administration (TSA) Canine Training Center (CTC) with fully trainedconventional Explosives Detection Canines (EDCs) with advanced passenger screening capabilities(hereafter referred to as “Specialized Passenger Screening Canines (PSCs)”) if and when ordered by aTSA Warranted Contracting Officer. All Contract Line Item Numbers (CLINs) will be activated by

means of BPA Calls (or “Orders”).

Each BPA Call will specify the specific quantities of Specialized PSCs. Over the next five years a totalapproximate quantity of 240 Specialized PSCs may be ordered. The Government is obligated only to theextent of authorized purchases actually made under the BPA.

All BPA Calls will require the vendor to deliver Specialized PSCs to the CTC.

The TSA is exempt from sales tax. TSA’s FEIN# 80-0038533.

The contractor shall provide the following Specialized PSCs in accordance with the Statement of Work

provided in Section 3 below. All Calls resulting from this BPA will be firm fixed price.

Item

No Supplies/Services Quantity Unit

Unit

Price Amount

0001

Base Year Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD

STEPLADDER PRICING 1-10 EA $ - TBD

0002

Base Year Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD

STEPLADDER PRICING 11+ EA $ - TBD

0003

Year Two Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD

STEPLADDER PRICING 1 - 10 EA $ - TBD

0004

Year Two Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD


0005

Year Three Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD


0006

Year Three Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD


0007

Year Four Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD



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0008

Year Four Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD


0009

Year Five Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD


0010

Year Five Ordering Period - Specialized PSCs inaccordance with the Section 2 Statement of Work TBD EA TBD


SECTION II: STATEMENT OF WORK

A. Background

The National Explosives Detection Canine Team Program (NEDCTP) exists to deter and detect theintroduction of explosive devices into the transportation system. EDCs and PSCs are a proven reliable

resource to detect explosives and are a key component in a balanced counter-sabotage program. The useof highly trained PSC Teams is also a proven deterrent to terrorism directed towards transportationsystems and provides a timely and mobile response support to facilities, rail stations, airports, passengerterminals, seaports, surface carriers, and persons in those transportation systems.

1. Purpose

The TSA Office of Training and Workforce Engagement (OTWE)/CTC in conjunction with the NEDCTPrequires a vendor to provide Specialized PSCs.

2. Scope:

This requirement calls for delivery of Specialized PSCs. The canines shall be sporting breeds only,preferably Labrador Retrievers and Viszlas (See Section II, E: Special Requirements, below, for

additional information, trained to CTC validation levels (discussed in the ensuing SOW sections).

B. Technical Requirements:

1. Initial Technical Assessment

Specialized PSCs shall be initially assessed in conventional EDC and PSC capabilities after a one-dayacclimation period at the CTC, Lackland, JBSA. The assessment may last up to five working days.

1.1 Assessment for Explosive Detection

Specialized PSCs shall demonstrate the ability to detect, locate, and independently respond toexplosives training aids in the following areas:

•

Airport Terminals, both secure and unsecured side.

• Aircraft, no smaller than a 737


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• Vehicles

• Baggage

• Freight

• Cargo

•

Break Bulk Boxes

• Pallets (Skids)

•

Unit Load Device (Cookie Sheet)• Mail Carts

At least one search scenario mentioned in the above areas will require the Specialized PSC to searchfor at least 15-20 minutes without a break in EDC. For the explosive detection task, the SpecializedPSC shall independently indicate the presence of the explosives training aid using a passive response“sit.” A stop and stare is considered unacceptable.

1.1.1 Assessment Method for Explosive Detection

In order to pass the assessment, the Specialized PSC shall display vigorous and independent olfactory

search behavior, clear recognition of explosives odor accompanied by distinct changes of behaviorrecognizable to the novice handler/student, accurate and skilled localization of explosives odor sourcewithout handler assistance, withholding of final response until localization, prompt and reliable (3 to 5seconds) final response once at source, and a clean reward release procedure.

For EDC purposes, the Specialized PSC shall demonstrate the ability to detect and localize CanineExplosive Training Aids (CETAs) to the locational standards discussed in the training venues area.The CETAs may be placed for the assessment anywhere throughout the various training venues listedin 1.1, not to exceed 8 feet high or 3 feet deep. There will be no more than four CETAs in any onevenue. The CETAs used for the assessment may weigh less than .033 pounds to more than 5 pounds.

a. Airport Terminals – Specialized PSCs must be trained to search the equivalent of a 9,000to 13,450 sq. ft. building consisting of at least five to seven gate configurations similar towhat is found in the secure area of a terminal. The gates must include ticket counters, seats(comparable to normal types and amounts found per gate in a Cat X airport), multipleairport fixtures, and objects (including, but not limited to; trash receptacles, kiosks,trees/plants (artificial and/or live), and ticket collection counters). There must be at leastone restroom similar to what is found in an airport; which may be non-operational.

b. Aircraft – Specialized PSCs must be trained to search a narrowbody aircraft (widebodyaircraft can be substituted) no smaller than a 707. All seats, overhead bins, cabinets, andlavatories must be fully attached and in normal condition. Cabinets doors and overhead bins must be operational (open and close properly); whereas, the lavatories do not need to be functional, but representative of a typical lavatory in an operational aircraft.

c. Vehicles – Specialized PSCs must be trained to search 30 vehicles with access to theinteriors. The canines’ search behavior should have the canines’ head turned towards thecurrent vehicle and the nose actively searching the current vehicle. Canines should not be jumping on the vehicles. Vehicles must not be wrecked and all windows cannot be rolleddown or broken.


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d. Baggage – Specialized PSCs must be trained to search 40 bags, filled (at least half) withclothing and miscellaneous items consistent with what would be in passengers’ packed baggage at airport locations. The bags must be placed in two rows in a combination ofstanding (no more than 5 grouped together, adjacent to each other) and lying flat; one rowof standing bags and one row of flat bags. The bags cannot be backpacks, garment bags,duffle bags, briefcases, or gym bags. The bags must be no smaller than the maximum sizefitting into the size measurer at the ticket counter at the airport.

e. Freight/Cargo – Specialized PSCs must be trained to search the equivalent of a 9,000 sq.ft. freight building. It must include racks and bins; as well as, cargo configurationsconsisting of major airlines’ transportation equipment used to transport cargo, baggage,and mail from the cargo facility to the aircraft. Additionally, the configurations mustconsist of a variety of unit load devices; such as, cookie sheets and silver metal pods usedto ship pallets and boxes on aircraft. For PSC purposes, at least one search scenariomentioned in 1.1 will require the PSC to search for at least 15-20 minutes without a breakin EDC.

The following schedule will be followed after the one-day acclimation period. A CTC based Training

Instructor will handle the canine and a Supervisor or designee will act as evaluator. The vendor will be allowed to observe the assessment, but the vendor will not have any undue influence or interferewith the process in any manner.

a. Day 1 – Vehicles and Aircraftb. Day 2 – Cargo and Bagsc. Day 3 – Airport Terminal

1.2. Assessment for Explosives Detection around moving or still persons\objects:

Specialized PSCs shall be capable of processing air currents and recognizing explosives odors around

moving or still persons/objects and localizing those explosives odors in the following areas:

• Active Airport Security Checkpoint Configurations with people present (Managed Inclusion

(MI))

• Area Sweeps of Secured-side Terminal Configurations with people present

1.2.1 Assessment Method for Explosives Detection around moving or still persons/objects:

PSC capabilities will be assessed in a traditional transportation environment listed in 1.1 and based onthe canine’s ability to detect explosives odors from the TSA explosives kit on\or around moving persons\objects or crowds.

In order to pass the assessment, the Specialized PSC shall display vigorous and independent olfactorysearch behavior, clear recognition of explosives odor accompanied by distinct changes of behaviorreadable to a novice student, accurate and skilled localization of explosives odor source withouthandler assistance on a moving or still person (decoy). If the decoy is moving in an MI queue, thecanine must follow the decoy for 10 to 15 feet without encouragement or involvement from thehandler, prompt and reliable follow or final response once at source, and a clean reward release procedure.


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The Specialized PSC shall demonstrate the ability to detect and localize explosives training aids in the below areas.

a. MI – Specialized PSC must be trained to search the equivalent of 10 to 15 minutes with asteady flow of passengers moving through a queue line at 3 to 5 seconds between role players or passengers. The placement of the CETA will be from 0 to 6 feet in height andup to 2 feet in depth. The same requirements for CETA weights will be required for PSC

as with EDC.

b. Area Sweeps of Secured-side Terminals – Specialized PSC must be trained to search theequivalent of a 9,000 to 13,450 sq. ft. building consisting of at least five to seven gateconfigurations similar to what is found in the secure side of a terminal. The gates mustinclude ticket counters, seats (comparable to normal types and amounts found per gate in aCat X airport, largest of the nations’ airports), multiple airport fixtures, and objects(including but not limited to trash receptacles, kiosks, trees/plants (artificial and/or live)and ticket collection counters. At least 30 role players or passengers must be spaced outthroughout the facility. The placement of the CETA will be on or with a static role playerthat can be located anywhere in the search environment. The role player may be standing

or sitting with a carry-on or pull behind bag.

The following schedule will be followed after the one-day acclimation period and the ExplosiveDetection validation has been completed. A CTC based Training Instructor will handle the canine anda Supervisor or designee will act as evaluator. The vendor will be allowed to observe the assessment, but the vendor will not have any undue influence or interfere with the assessment process in anymanner.

a. Day 3 (cont.) – and Airport Security Checkpointsb. Day 4 – MI and Reassessment

For a canine to be accepted, the canine must pass both EDC and PSC with no more than one CETAmissed throughout the entire assessment. The canine can be reassessed in one EDC area and one PSCarea. The canine must have less than seven non-productive responses (NPRs) (a final response whereno CETA is planted within a reasonable distance) throughout both the EDC and PSC assessment. Thecanine cannot have more than two NPRs in any one search area. There may only be one areareassessed. The reassessment must only be done if the results could end in a validation and procurement of the canine. During the reassessment, the same CETAs will be placed in thereassessment area as were placed in the primary search area. After completion of the reassessment, noadditional testing will be conducted. All CETAs will be placed in one of the primary search areas(EDC or PSC).

2. Provide a Specialized PSC with no Environmental Deficiencies

During the one day of acclimation and throughout the assessment process, the Specialized PSC shall beobserved to ensure the canine does not have environmental deficiencies. A Specialized PSC shall becapable of displaying a strong ability to adjust to various environments, tight spaces, floor surfaces, odors,noises, stairs, vibrations, and movements while maintaining the ability to actively search in the followingareas:

• Airport Terminals


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• Aircraft

• Vehicles

• Baggage

• Freight \Cargo

•

Break Bulk Boxes

• Pallets (Skids)

•

Unit Load Device (Cookie Sheet)• Mail Carts

• Airport Security Checkpoint Configurations (MI)

• Area Sweeps of Secured-side Terminal Configurations

2.1 Assessment Method for Environmental Deficiencies

The Specialized PSC shall be exposed to the training venues at CTC, as well as stairs and an elevator.The assessment will begin by exposing the Specialized PSC to the complex environments while onleash. The Specialized PSC shall encounter numerous intense stimuli to assess the Specialized PSC’sstability and “boldness.” Stimuli will include tight spaces, varying floor surfaces (specifically slick

and glossy floors); see through flooring in elevated areas, obstacles, stairs, noises, startling objects,varying light conditions, vibrations, and movement of objects.

During the acclimation period, the Specialized PSC may display adjustment behaviors. By the end ofthe assessment, the Specialized PSC must display in a manner consistent with fearlessness andsoundness of mind and body. Any Specialized PSC showing signs of fear, shyness, retreating/fleeing behaviors, noise sensitivity, or refusal to negotiate objects will be considered unacceptable.

3. Provide a Specialized PSC with no Sociability Issues

During the one day of acclimation and throughout the assessment process, the Specialized PSC shall be

observed to ensure the canine does not have sociability issues. The Specialized PSC shall be capable ofsearching amongst people or animals without displaying:

• Distractive behaviors around people in the area

• Rude or overly submissive behaviors

• Overly social behaviors

• Aggressive tendencies or behaviors

3.1 Assessment Method Sociability

The Specialized PSC will be exposed to people and other canines throughout the acclimation and

assessment process. People may attempt to interact with the canine to allow for a determination of theSpecialized PSC’s sociability. The Specialized PSC shall not display rude behaviors such as climbingon people or pressing people to interact with the specialized PSC. A Specialized PSC displayingover-socialization or submissiveness around people or other canines will be deemed unacceptable.

During the acclimation period or assessment process, any Specialized PSC displaying aggressiontowards the handler, people, other canines, equipment, reward/release process, kenneling, or being placed in a trailer, will be deemed unacceptable. The Specialized PSC shall be able to search on a


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choke chain, collar, or martingale collar without displaying any aggressive tendencies. TheSpecialized PSC shall also accept a harness and muzzle without displaying any aggressive tendencies.

The Specialized PSC shall accept standard detection canine rewards. The preferred reward object is arubber “Kong.” Other rewards (rubber balls, large and small tennis balls, squeaky toys, or tug toys)may be deemed acceptable. Specialized PSCs shall not be accepted on a food reward. TheSpecialized PSC shall have a clearly defined reward release and all commands must be in English.

C. Training

1. Specialized PSC Training Records

All Specialized PSC’s training records shall be reviewed by CTC prior to the Specialized PSC beingdelivered. The vendor’s training records must reflect that the canine has met the requirements stated previously in regards to areas, heights, depths, and CETA placements.

1.1 Assessment Method for Specialized PSC Training Records

All Specialized PSC training records shall be reviewed to ensure all the explosives odors and areashave met the requirements under SOW sections B.1.1 and 1.2 prior to being accepted for transport toCTC for assessment. Any Specialized PSCs having insufficient records will not be reviewed duringthe Assessment Process.

2. Specialized PSC's Local Training

The COR and CTC representative may travel to the vendor’s training facility to view the facilities andareas for verification of facilities and view the vendor’s training plan as it is implemented in the trainingareas.

2.1 Assessment Method for Specialized PSCs Local Training

The COR and CTC representative may travel to the vendor’s training facility to view the facilities andareas for compliance with the training areas described in Task B1.1 and Task B1.2; as well as,reviewing the vendor’s training plan as it is being implemented by the vendor.

D. Medical Assessment and Records

1. Vendor provided Specialized PSCs shall meet all Medical Requirements regarding veterinarianmedical standards, as seen in Attachment (1).

2.

If within six (6) months of acceptance, it is discovered the Specialized PSC has a pre-existing medical problem, chronic disease, or heredity deficiency that would render the Specialized PSC unacceptableto work (as determined by the Medical Requirements seen in Attachment 1), TSA requires the vendorto retrieve the Specialized PSC within seven (7) days of written notification by the CO or the CORand replace the Specialized PSC within thirty (30) days. Both the retrieval and the replacement shall be done at no expense to the Government. The replacement Specialized PSC shall be required to meetall the requirements as outlined in this SOW.


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3. At a minimum, at least 20 days prior to delivery of the Specialized PSCs, the vendor must supplycurrent vaccination records, current health certificate, and current x-rays for each canine to CTC.

4. Canine medical records must be signed by a Board-Certified Veterinarian.

E. Deliverables:

The Vendor shall submit all deliverables in accordance with the following table:

F. Special Requirements

1. Vendor provided canines shall be acceptable sporting breeds (preferred canines are LabradorRetrievers and Vizslas) only. Springer Spaniels, Brittany Spaniels, and Border Collies are notacceptable.

2.

Canines shall be between the age of 12 and 36 months at the time of the delivery.

3. Males and females are acceptable. Females must be spayed.

4. Severely overweight or underweight canines will not be accepted.

5. Vendor shall ensure that they possess the appropriate licenses and permits for the handling andtransportation of canines

# Deliverable Description Format/Standard Due Date

1 Training Records –SOW Section C.1.1

TrainingRecords

Training records will beinspected to ensure accuracy ofexplosives odors, criteria, andexposure and training inrequired areas.

Microsoft Word or Microsoft

Excel

10 business days beforeDelivery of PSCs to CTC – Delivered to COR

2Training Plan(Protocols andMethodology) – SOWSection C.2.1

Training Plan Training Plan will be inspectedin terms of viability andeffectiveness in its proposedapproach to accomplishingtasks.

Microsoft Word

15 business days afteraward of Contract –Delivered to COR

3Medical Records –SOW Section D

MedicalRecords toCTC

Current vaccination recordsCurrent health certificateCurrent x-rays/radiograph

record

20 business days beforeDelivery of canine –Delivered to COR


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6. Brand Number: The brand number is the number that will be tattooed on the canine after contractaward and after the canine has been accepted by CTC.

7. For canines that do not pass the assessment, TSA requires the vendor to retrieve the canine withinseven (7) days of written notification by the CO or the COR and replace the canine within thirty (30)days. However, canines may be returned to the CTC one time for a second complete evaluation aftercorrection of deficiencies identified during the original evaluation. The second complete evaluation

must commence within fifteen (15) days after conclusion of the original evaluation. Both the retrievaland the replacement shall be done at no expense to the Government. The replacement canine shall berequired to meet all the requirements as outlined in this SOW.

8. The vendor shall comply with the United States Department of Agriculture’s (USDA’s) AnimalWelfare Act. Facilities using regulated animals for regulated purposes must provide their animalswith adequate housing, sanitation, nutrition, water and veterinary care, and they must protect theiranimals from extreme weather and temperatures.

9. Post Award Changes: All standards and requirements that the specialized PSCs have to meet, asoutlined in this SOW, may change at any given time due to the dynamic environment that the TSA

and its specialized PSCs operate in. Contract changes, for example, may be necessitated in responseto new and emerging threats to our transportation systems. As a result the vendor(s) shall be flexiblein its training curriculum in order to provide specialized PSCs that can meet the new performancerequirements and/or threat detection standards that may arise during the period of performance of thisBPA. Contract changes may necessitate an increase to the price per canine identified in Section I.

G. Travel Requirements:

Travel is not anticipated to be required during the performance of this BPA and as such will not beauthorized or reimbursed for. Vendor is responsible for any travel costs associated with delivery orretrieval of untrained canines to the CTC.

SECTION III: ORDERING

1. Ordering shall be accomplished via Purchase Order

Extent of Obligation:

The Government is obligated only to the extent of authorized purchases actually made under the BPA.

2. Purchase Limitations:

The dollar limitation for each individual order placed under the BPA shall not exceed the followinglimitations:

• Individual purchases/orders placed by a Warranted Contracting Officer shall not exceed thethreshold for commercial items established under FAR Subpart 13.5.


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3. Delivery

Deliveries must occur within 30 calendar days after receipt of order. The Vendor is responsiblefor arranging available housing facilities prior to delivering the canines to CTC. All canines will be housed by CTC, JBSA Lackland during the assessment process. Suitable housing facilities will be verified through the CTC COR.

4. Period of Performance

The period of performance is five years beginning on the date of BPA award.

SECTION IV: ATTACHMENTS

No. Attachment Title

1 Medical Requirements and Evaluation

2 BPA Pricing Table

SECTION V: TSA CLAUSES

G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015)

The Contracting Officer is the only person authorized to make any changes, approve any changes in therequirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, andnotwithstanding any term contained elsewhere in this contract, such authority remains vested solely in theContracting Officer. (For further information, the Contracting Officer is a federal government employeewho is specifically authorized and appointed in writing under specified agency procedures and granted theauthority to enter into, administer, and/or terminate contracts and make related determinations andfindings.) In the event, the Contractor makes any changes at the direction of any person other than theContracting Officer, the change will be considered to have been without authority and no adjustment will

be made in the contract price to cover any increase in costs incurred as a result thereof.

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

TSA Contracting Officer:

NAME: Kurt AllenPHONE NUMBER: 202-253-4220EMAIL: [email protected]

(End of clause)

G.5200. 242.001 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND

TECHNICAL MONITORS (JUL 2015)

1. The principle role of the COR is to support the Contracting Officer in managing the contract. This isdone 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


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the Contracting Officer. As a team the Contracting Officer and COR must ensure that programrequirements are clearly communicated and that the agreement is performed to meet them. The principlerole of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables andactions that require immediate attention relating to the approved scope and obligated funding of thecontract action.

2. 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 limitationsof the authority so delegated.

TSA CORs:

NAME: Scott ThomasPHONE NUMBER: 210-671-5080EMAIL: [email protected]

3. The COR(s) and TM(s) may be changed at any time by the Government without prior notice to theContractor, 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.

4. 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 theContractor. The COR is also responsible for the final inspection and acceptance of all reports andsuch 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. TheCOR 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 orauthorize any changes which affect the contract’s price, terms or conditions. Any Contractorrequest for changes shall be referred to the Contracting Officer directly or through the COR. Nosuch 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 theauthorization by the Contracting Officer to issue a stop work order, but the Contracting Officer isthe only official authorized to issue such order.

•

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

5. 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.


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

• Ensuring that all recommended changes in any work under the contract are coordinated andsubmitted 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 orfailure to perform the contract’s requirements.

• (End of clause)

G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015)

“SUBMISSION OF INVOICES”

(a) Background: The Transportation Security Administration (TSA) partners with the United StatesCoast 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).

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

1) Facsimile number is: 757-413-7314

The facsimile number listed above shall be used by contractors for ORIGINAL invoicesubmission only. If facsimile submission is utilized, contractors shall not submit hard copies ofinvoices via the U.S. mail. 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 ofinvoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph(d) of this clause.

United States Coast Guard Finance CenterTSA Commercial InvoicesP.O. Box 4111Chesapeake, VA 23327-4111

([email protected] l or www.fincen.uscg.mil)

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


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Note for discounts offered:

Discounts on invoices. If desired, the Contractor should offer discounts directly upon theinvoice submitted, clearly specifying the terms of the discount. Contractors can structure discountedamounts for payment for any time period less than the usual thirty day payment period specified underPrompt 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 discounton a specific invoice after its submission for payment, the Contractor should submit a letter to theFinance Center identifying the specific invoice for which a discount is offered and specify the exactterms of the discount offered and what time period the Government should make payment by in orderto receive the discount. The Contractor should clearly indicate the contract number, invoice numberand date, and the specific terms of the discount offered. Contractors should not structure terms for netamount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

(d) Payment Status: Contractors may inquire on the payment status of an invoice by any of thefollowing means:

(1) Via the internet: https://www.fincen.uscg.milContacting 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 PMEastern Time, Monday through Friday. However, the Customer Service line has a voice-mail featurethat is available 24 hours per day, 7 days per week.

(2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm

(e) Invoice Elements: Invoices will automatically be rejected if the information required insubparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract,including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number arenot included in the invoice. All invoices must clearly correlate invoiced amounts to the correspondingcontract line item number and funding citation. The Contractor shall work with the Government tomutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

(f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice

documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve aninvoice along with the original invoice. The Contractor invoice must contain the information stated inthe Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoicedocumentation required for review and approval of invoices may, at the written direction of theContracting Officer, be submitted directly to either the Contracting Officer, or the ContractingOfficer’s Representative. Note for “time-and-material” type contracts: The Contractor must submitthe following statement with each invoice for labor hours invoiced under a “time-and-materials” typecontract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph


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(c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime orsubcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

(g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. TheContractor shall clearly include a separate breakdown (by CLIN) for any software developmentactivities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting StandardsAdvisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design

costs, Development costs and post implementation costs) and cite payment terms. The contractorshall provide make and model descriptions as well as serial numbers for purchases of hardware andsoftware (where applicable.)

(h) Frequency of Invoice Submission. This area is for the CO to document how often the contractor isallowed to submit invoices. An example is” Invoices shall be submitted on a monthly basis inaccordance with the schedule.”

(End of clause)

H.5200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (JUL 2015)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damageto or loss of equipment or property, or damage to the environment. Safety is essential to TSA andcompliance with safety standards and practices is a material part of this contract. A major breach of safetymay constitute a breach of contract that entitles the Government to exercise any of its rights and remediesapplicable to material parts of this agreement, including termination for default. A major breach of safetymust be related directly to the work on the agreement. A major breach of safety is an act or omission ofthe Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, ormission failure; or in damage to equipment or property equal to or greater than $1 million; or in any"willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or bya state agency operating under an OSHA approved plan.

(b) Security is the condition of safeguarding against espionage, sabotage, crime (including computercrime), or attack. A major breach of security may constitute a breach of contract that entitles theGovernment to exercise any of its rights and remedies applicable to material parts of this agreement,including termination for default. A major breach of security may occur on or off Governmentinstallations, but must be related directly to the work on the agreement. A major breach of security is anact or omission by the Contractor that results in compromise of classified information or sensitive securityinformation or sensitive but unclassified information, including contractor proprietary information, illegaltechnology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denialof information technology services, equipment or property damage from vandalism greater than $250,000,or theft greater than $250,000.

NOTE: Breach of Security for the purposes of this definition should not be confused with breach ofsecurity in screening operations.

(c) In the event of a major breach of safety or security, the Contractor shall report the breach to theContracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its owninvestigation and report the results to the Government. The Contractor shall cooperate with theGovernment investigation, if conducted.

(End of clause)


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H.5200.204.004 REQUIREMENTS AND DUTIES FOR HANDLING SENSITIVE SECURITY

INFORMATION (SSI) (JUL 2015)

Pursuant to 49 U.S.C. § 114(r), Sensitive Security Information and Nondisclosure of Security Activities,Sensitive Security Information (SSI) is a category of sensitive but unclassified (SBU) information thatmust be protected because it is information that, if publicly released, would be detrimental to the securityof transportation. Under 49 Code of Federal Regulations Part 1520.5(a), the SSI Regulation also provides

additional reasons for protecting information as SSI beyond the condition that the release of theinformation would be detrimental to the security of transportation. TSA, however, primarily uses thecriterion of “detrimental to the security of transportation” when determining whether information is SSI.

Title 49 of the Code of Federal Regulations, Part 1520 defines the scope, categorization, handlingrequirements and disposition of information deemed SSI is the 49 C.F.R. Part 1520(http://ecfr.gpoaccess.gov/). Persons authorized to access specific SSI (i.e., covered persons) includethose contracted to DHS or TSA with a need-to-know basis for specific information in the course offulfilling their TSA contractual obligations. TSA may deliver SSI materials to the Contractor. Also,materials created by the Contractor may require SSI designation and protection, and the Contractor hasthe responsibility to identify such materials to TSA as possible SSI. For guidance while working on TSA

and DHS matters, see the TSA SSI Application Guide, 2011_04_01 for identifying the type ofinformation covered by the regulation.

For purposes of this clause, the term “Contractor” shall include an individual or other legal entity who performs work for or on behalf of TSA or DHS under a contract, interagency agreement, or othertransaction agreement. Such contracts include, but are not limited to, contracts between any non-Federalentity and/or TSA or DHS and subcontracts, joint venture agreements, and teaming agreements betweenany non-Federal entity and another non-Federal entity to perform work related to the primary contractwith the TSA or DHS.

While SSI is not classified national security information subject to the handling requirements governing

classified information, it is subject to certain legal disclosure limitations. To ensure regulatorycompliance, the Contractor shall be subject to the following requirements and include this entire clause asflow-down in subcontracts, etc.:

(a) Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accordancewith the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the DHS and TSA policiesand procedures for handling and safeguarding SSI. These safeguarding procedures shall include SSIrecognition, identification and marking of materials that possibly contain SSI, including Contractor-created materials, as well as following restrictions on disclosure, storage, handling, sharing,dissemination and destruction of SSI. The Contractor, without exception, shall place this requirementin all subcontracts, joint venture agreements, and teaming agreements related to the performance of

this contract.

(b) Non-Disclosure Agreements (NDAs). The Contracting Officer will provide the non-disclosure form(DHS Form 11000-6), as necessary, to the Contractor when circumstances warrant. NDAs arerequired to be signed by all Contractor personnel when access to SSI is necessary for performance ofthe contract. By signing the NDA, the recipient certifies in writing that they will take the necessarysteps to prevent the unauthorized disclosure and use of information.


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(c) Request for Access to SSI materials. Pursuant to 49 C.F.R. Part 1520.9(a)(3), the Contractor mustcontact [email protected] for guidance on handling requests to access to SSI (before using SSImaterials) for any other purpose besides activities falling within the scope of the contract by other persons, including requests from experts, consultants, and legal counsel (“requesters”) hired by theContractor. The Contractor shall include the Contracting Officer (CO) and Contracting OfficerRepresentative (COR) as a carbon copy “cc” recipient of its contact to [email protected] . The TSASSI Office must first make a determination as to whether the requesters are a “covered person” with a

“need to know” under 49 C.F.R. Parts 1520.7 and 1520.11.

(d) Training and Certification. All Contractor personnel who are covered persons with a need-to- know basis must complete the TSA-mandated SSI Awareness Training course prior to accessing SSI, and onan annual basis for the duration of the contract or for the duration of the requester’s need for access toSSI, whichever is later. Contractor personnel must also review and adhere to the SSI Quick ReferenceGuide for DHS Employees and Contractors. The Contractor shall certify to the Contracting Officerannually that all covered persons have completed the mandated SSI training, that all SSI policies and procedures have been followed, and that those individuals with access understand their responsibilitiesto protect the information.

(e)

Breach. In accordance with 49 C.F.R. Part 1520.9(c), the Contractor agrees that in the event of anyactual or suspected breach of SSI (i.e., loss of control, compromise, unauthorized disclosure, accessfor an unauthorized purpose, or other unauthorized access, whether physical or electronic), theContractor shall immediately, and in no event later than one hour of discovery, report the breach to theContracting Officer and the COR. The Contractor is responsible for positively verifying thatnotification is received and acknowledged by at least one of the foregoing Government officials.

In the event that an SSI breach occurs as a result of the violation of a term of this contract by theContractor or its employees, or the Contractor’s covered persons, the Contractor shall, as directed bythe Contracting Officer and at no cost to the Government, without delay correct or mitigate theviolation.

For unauthorized disclosure of SSI, the Contractor and Contractor's employees and Contractor’scovered persons may also be subject to civil penalties and other consequences as set forth in 49 CFRPart 1520.17.

( End of clause)

H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)

This contract is/ is not (CO shall select) for commercial item, as defined by FAR 2.1.(End of clause)

H.5200.224.001 DISCLOSURE OF INFORMATION (JUL 2015)

Information furnished by the Contractor under this contract may be subject to disclosure under theFreedom of Information Act (FOIA). Therefore, all items that are confidential to business, or containtrade secrets, proprietary, or personally-identifiable information must be clearly marked.


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Any information made available to the Contractor by the Government must be used only for the purposeof carrying out the requirements of this contract and must not be divulged or made known in any mannerto any person except as may be necessary in the performance of the contract.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentialityof Government records and information and must ensure that all work performed by its Subcontractor(s)shall be under the supervision of the Contractor or the Contractor’s employees.

(End of clause)

H.5200.224.002 CONTROLLED UNCLASSIFIED INFORMATION DATA PRIVACY AND

PROTECTION (JUL 2015)

The Contractor shall be responsible for the security of: i) all data that is generated by the contractor on behalf of the Government ii) Government data transmitted by the contractor, and iii) Government dataotherwise stored or processed by the contractor, regardless of who owns or controls the underlyingsystems while that data is under the contractor’s control. All Government data, including but not limitedto Personal Identifiable Information (PII), Sensitive Security Information (SSI), and Sensitive ButUnclassified (SBU), and/or Critical Infrastructure Information (CII), shall be protected according to

Department of Homeland Security information security policies and mandates.

At the expiration of the contract, the contractor shall return all Government information and IT resources provided to the contractor during the contract.

The contractor must satisfy requirements to work with and safeguard Sensitive Security Information(SSI), and Personally Identifiable Information (PII). All support personnel must understand andrigorously follow all applicable DHS Component Agency’s requirements, policies, and procedures forsafeguarding SSI and PII. Contractor personnel will be required to complete online training for SSI,Informational Security and Privacy training, if required by the DHS Component Agency

The Contractor, and those operating on its behalf, shall adhere to the requirements of the non-disclosureagreement unless authorized in writing by the Contracting Officer.

The Government will identify IT systems transmitting unclassified/SSI information that will require protection based on a risk assessment as applicable. If encryption is required, the following methods areacceptable for encrypting sensitive information:

a. Products Advanced Encryption Standard (AES) algorithms that have been validated under FIPS140-2.

b. National Security Agency (NSA) Type 2 or Type 1 encryption.c. Public Key Infrastructure (PKI) (see paragraph 5.5.2.1 of the Department of Homeland Security

(DHS) IT Security Program Handbook (DHS Management Directive (MD) 4300A) for SensitiveSystems).

The contractor shall maintain data control according to the applicable DHS Component Agency’s securitylevel of the data. Data separation will include the use of discretionary access control methods, VPNencryption methods, data aggregation controls, data tagging, media marking, backup actions, and datadisaster planning and recovery. Contractors handling PII must comply with TSA MD 3700.4 if applicable.


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Users of Government IT assets shall adhere to all system security requirements to ensure theconfidentiality, integrity, availability, and non-repudiation of information under their control. All usersaccessing Government IT assets are expected to actively apply the practices specified in the TSAInformation Technology Security Policy (ITSP) Handbook, Chapter 3, Section 6, Privacy and AcceptableUse, or similar DHS Component Agency’s guidance or policy.

The contractor shall comply with the all data disposition requirements stated in the applicable DHS

Component Agency’s Information Security Policy. For all TSA orders the contractor shall comply withInformation Security Policy Handbook Chapter 3, Section 17 Computer Data Storage Disposition, as wellas TSA Management Directive 3700.4.

(End of clause)

L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL2015)

In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordancewith Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process isavailable from within the agency. The Assistant Administrator of the Office of Acquisition in the

Transportation Security Administration is the independent appeal authority. All appeals must besubmitted in writing and signed by a company official who is authorized to commit the company andcontain the same elements required in FAR 33.103(d) as well as an explanation of the ContractingOfficer’s decision (and copy of such decision). Appeals must be sent either in writing or via email toTransportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Office ofAcquisition, 601 S. 12th Street, Arlington, VA 20598-6025, or via email [email protected]. The subject line for the email should clearly indicate “APPEALOF AGENCY PROTEST”.

(End of provision

SECTION VI: FAR CLAUSES

FAR 52.204-7 System for Award Management (JUL 2013)FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2015)FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)FAR 52.209-7 Information Regarding Responsibility Matters (JUL 2013)FAR 52.212-1 Instructions to Offerors – Commercial Items (OCT 2015)FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (NOV 2015)FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)FAR 52.233-4 Applicable law for breach of Contract Claim (OCT 2004)FAR 52.233-2 Service of Protest (SEP 2006)

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or TransactionRelating to Iran-Representation and Certifications (OCT 2015)


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__ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2015) of 52.219-9.

_x_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). _x_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

_x_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov2011) (15 U.S.C. 657 f ).

_x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned SmallBusiness (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) ConcernsEligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _x_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _x_ (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). _x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). _x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

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

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not

applicable to the acquisition of commercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–DesignatedItems (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commerciallyavailable off-the-shelf items.)

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

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514). __ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)(E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513).


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_x_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and112-43.

__ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations,

and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)). _x_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul

2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial

services, that the Contracting Officer has indicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contractsfor Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contractsfor Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).


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__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of

this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent recordsinvolving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials,and other evidence for examination, audit, or reproduction, until 3 years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of theother clauses of this contract. If this contract is completely or partially terminated, the records relating tothe work terminated shall be made available for 3 years after any resulting final termination settlement.Records relating to appeals under the disputes clause or to litigation or the settlement of claims arisingunder or relating to this contract shall be made available until such appeals, litigation, or claims are finallyresolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices,

and other data, regardless of type and regardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in the ordinary course of business or pursuantto a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause,the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in asubcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall beas required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in

all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts tosmall business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the

subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down

required in accordance with paragraph (l) of FAR clause 52.222-17.(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212)(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contractsfor Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards toContracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).


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(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order

13658).(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) ofFAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items aminimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION VII: INSTRUCTIONS TO PREPARE QUOTES AND EVALUATION FACTORS

1.0 PAYMENT OF QUOTE COSTS

This solicitation does not commit the Government to pay any cost incurred in the submission of the quoteor in making necessary studies or designs for the preparation thereof, nor to contract for services orsupplies.

2.0 EVALUATION METHODOLOGY

The Government will conduct a technical evaluation of the canines using the three non-price technicalfactors listed under Section H below. The Government will award up to three (3) BPAs, withaward(s) to be made on a best value, tradeoff basis.

A.

It is the Government’s intent to award without exchanges; however, exchanges may be requiredwith your firm. The Contracting Officer will not negotiate with any quoters other than those ofthe Government’s choice and will not use the formal source selection procedures described inFAR Part 15. If exchanges are held, they may be written or oral questions. Your initial quoteshould contain your best terms for this work.

B. Quotes that do not respond to all requirements in the solicitation may be rejected without furtherevaluation, deliberation, or discussion. The Government may reject any quote that is evaluated to be significantly not compliant with the solicitation requirements, or reflects a failure tocomprehend the complexity and risks of the work to be performed.

C.

The Government may waive informalities and minor irregularities in Quotes received.

D. The Government may reject any or all submittals if such action is in the public interest.

E. Multiple awards are contemplated; however the Government reserves the right to make a singleaward if in the Governments best interest.

F. If any one (1) factor is evaluated as “Unacceptable”, then the whole quote will be evaluated as“Unacceptable” and will not be considered for award.


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G. Responsibility will be determined by the Contracting Officer in accordance with the standards setforth at FAR Part 9. A non-responsible finding would preclude evaluation and award.

H. The following represent the factors which will be evaluated in making an award determination:

1) Technical

2)

Past Performance3) Relevant Experience

4) Price

3.0 QUOTE SUBMISSION REQUIREMENTS

The following are the milestones for the key events leading to the award of the BPA(s):

! 1 December 2015, 3:00 P.M. Questions due from Quoters

! 18 December 2015, 3:00 P.M. Quotes due from Quoters

Questions and quotes should be forwarded electronically to the Contracting Officer, Kurt Allen, [email protected]. There will be no exceptions to the time and date on which responses are due, unlessdetermined otherwise by the Government.

The total number of pages shall not exceed those identified in section 4.0 below. Each printed siderepresents one page (i.e., front/back equals two pages). The quote text may not be smaller than 12-pitchtype on standard 8 ! by 11 inch paper. The 12-pitch font restriction pertains only to text. Graphics,figures, and tables can use a smaller font type, but must be legible. Failure to fully adhere to the pagelimitations and prescribed formatting may result in your firm’s disqualification from the competition.

Due to TSA restrictions on the size of email, please ensure that all emails submitted are less than 5MB. If

the quote exceeds 5MB, please divide into multiple emails and include in the subject: SpecializedCanines RFQ; Volume No.; Company Name; and the # of # emails. Any electronic submissiondetermined to contain a virus will be deleted and not viewed or accepted for consideration.

Any questions raised concerning this RFQ must be submitted electronically in word or excel as follows:

# Reference Quoters Question

1 (Example) Section II, Statement ofWork, B. Technical Requirements,Page 6, Paragraph 2, Line 2

2 General (if there is no specific RFQ

reference)

4.0 CONTENTS OF QUOTE

The quoter must submit a quote in accordance with the Request for Quote. This quote must be submittedvia email to the Contracting Officer.

A. Quoter must submit a quote consisting of the following volumes:


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Volume Description Page Limit

Signed Cover Letter 1

1 Technical (Factor 1) 10

2 Past Performance (Factor 2) 5

3 Relevant Experience (Factor 3) 53 Price (Factor 4) NA – Must complete the following

Attachment 2 “BPA Pricing Fill-inTable”

B. Each volume must be submitted as a separate electronic file. Use 8 ! by 11-inch paper printed onone side only with one-inch margins on all sides and single-spaced. Number the pages of eachvolume consecutively. Use 12 point Times New Roman font with normal (uncondensed) spacing.Quoter may use pages up to size 11 by 17 inches only for diagrams, charts, or graphic material,with the type size(s) of such material left to the quoter’s discretion.

C. A quote which does not address any of the quote requirements described in the following sectionswill be considered non-responsive to that requirement and will be a basis for eliminating the quotefrom further consideration.

D. Quotes must be clear, coherent, and prepared in sufficient detail for effective evaluation. Quotesmust include convincing rationale and substantiation of all claims. Quoters shall assume that theGovernment has no prior knowledge of their experience and will base its evaluation on theinformation presented in the Quoter’s Quote.

E. Quotes shall be clearly marked with the solicitation number, “HSTS02-16-Q-TWE401” and

include a signed Cover Letter.

F. Minimum Quote Acceptance Period. The Government requires a minimum acceptance period ofat least 120 calendar days from the Quote due date. A quote allowing less than the Government’sminimum acceptance period may be rejected.

5.0 QUOTE SUBMISSION REQUIREMENTS

A. COVER LETTER

Your Cover Letter shall include the following:

1) Solicitation Number and Solicitation Title2) Contractor Name3) DUNS Number4) Statement that quoter is a Service Disabled Veteran Owned Small Business under NAICS

112990, in accordance with FAR Provision 52.212-3, Quoter Representations andCertifications – Commercial Items

5) Complete Business Mailing Address6) Point(s) of Contact (Name, title, e-mail address, phone number)


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7) Teaming Partners , Subcontractors, and/or Contractor Teaming Arrangements (CTA)8) Other Pertinent Information

B. VOLUME 1 - TECHNICAL (FACTOR 1)

Quoters shall demonstrate their understanding of the SOW requirements by describing how it willachieve those requirements. The quoter’s response shall demonstrate their ability to meet or

exceed all SOW requirements (SOW Sections B - D), to include a detailed discussion on thequoter’s training plans (curriculum), venues, and facilities that will be used as well as how it willutilize and employ any partnering relationships. The response shall also demonstrate the quotersability to provide Specialized PSCs that meet or exceed all SOW requirements in quantities thatcould at times exceed 10 in a given order.

C. VOLUME 2 – PAST PERFORMANCE (FACTOR 2)

The Government will use past performance information from the Government’s automatedrepositories as well as information submitted by the quoter. Quoters shall submit a list of aminimum of three (3) contracts or subcontracts currently ongoing or completed within the last

three (3) years that are either directly related or similar in size, scope and complexity to therequirement of this solicitation. Contracts listed may include those entered into with the FederalGovernment, agencies of state and local Governments, and commercial customers performed bythe contractor or proposed subcontractor. Include the following information for each contract andsubcontract:

- Name of contracting / commercial activity- Program name- Contract number/task order number- Period of performance- Contract type

- Contract work description/relevance- Total contract value / task order value- Name, email address, phone number of the Contracting Officer’s Representative/Task OrderManager/TechnicalPoint of Contact for whom the work was performed- Name, email address, phone number of Contracting Officer- Indicate whether if there has been a final Contractor Performance Assessment Rating (CPAR)for the contract.

The quoters are reminded that both independent data and data provided by the quoters in their proposals may be used to evaluate past performance. Since the Government may not necessarily

interview all sources provided by the quoters, it is incumbent upon the quoter to explain therelevance of the data provided. Information may also be considered regarding past performance ofany significant subcontractor. The Government may use other information available from othersources to evaluate a quoter’s past performance. The Government reserves the right to limit orexpand the number of references it decides to contact and to utilize information other than that provided by the quoter. The quoter must provide the information requested, or affirmatively statethat it possesses no relevant past performance.


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D. VOLUME 3 – RELEVANT EXPERIENCE (FACTOR 3)

Quoters shall identify prior experience relevant to the requirements as described in this solicitationgained during the last three (3) years. This shall include subcontractors and/or team membersinvolved with the effort. Quoters shall describe experiences in contractual work involving the breeding, training, and care for canines that are to be delivered for purposes similar to thosedescribed in SOW Sections B.1-3. The experience shall demonstrate organizational process

maturity and capability. Customer points of contact with telephone numbers and e-mail addressshall be provided.

Quoters shall provide information on problems encountered on the contract and subcontractsidentified above and corrective actions taken to resolve those problems. Quoters should not provide general information on their performance on the identified contracts. The Quoter shall provide a synopsis for any contract in which the quoter received cure notice(s), show causeletter(s), or was found in default of the contract.

Since the Government may not necessarily interview all sources provided by the quoters, it isincumbent upon the quoter to explain the relevance of the data provided. Information may also be

considered regarding relevant experience of any significant subcontractor. The Governmentreserves the right to limit or expand the number of references it decides to contact and to utilizeinformation other than that provided by the quoter.

E. VOLUME 3 - BPA PRICING TABLE (FACTOR 4)

Quoters shall complete the Attachment (2) BPA Pricing Fill-in Table. The Government will takethe average of the quoter’s respective unit prices and multiply the average by 240 (estimatednumber of specialized canines to be ordered over the 5 year ordering period) to determine thequoter’s total evaluated price. Pricing assumptions are not to be provided and will not beconsidered in the price evaluation. Quoters shall seek clarification and submit questions as

instructed in this RFQ in lieu of submitting assumptions.

6.0 EVALUATION AND AWARD

A. EVALUATION CRITERIA/ORDER OF IMPORTANCE

Adjectival ratings will be assigned for each non price evaluation factor set forth below. Anyquoter that receives an ‘Unacceptable’ rating for any of the evaluation factors will not beconsidered for award.

Quoter responses shall be evaluated as to whether or not they have demonstrated the ability to

meet the needs of the Government under the factors and criteria set forth below. The evaluationfactors are as follows:

Factor 1 – Technical

Factor 2 – Past Performance

Factor 3- Relevant Experience

Factor 4 - Price


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The evaluation factors above are listed in descending order of importance and when combined thenon-price factors are significantly more important than Price. The importance of Price willincrease as the difference in Technical responses decreases.

FACTOR 1 – TECHNICAL

The Government will evaluate the quoter’s technical ability based on its written response to the

SOW requirements to determine the degree to which the quoter demonstrates an understanding ofthe requirements and its ability to comply with the requirements to include the extent the quoter’straining plans (curriculum), venues, facilities, and partnering relationships increase the likelihoodof programmatic success. In addition the Government will evaluate the extent of the quoter’sability to provide Specialized PSCs in quantities that could at times exceed 10 in a given order,within the stated 30 day delivery period.

FACTOR 2 – PAST PERFORMANCE

The Government will evaluate performance information from the Government’s automatedrepositories and past performance information submitted by the quoter to determine the degree to

which the quoter has demonstrated a record of successful performance for projects of similar size,scope, and complexity to the requirements of this solicitation.

The automated repositories include but are not limited to the Contractor Performance System(CPS) and/or the Contractor Performance Assessment Reporting System (CPARS) found on theweb at http://www.cpars.csd.disa.mil as well as the Past Performance Information RetrievalSystem (PPIRS).

The Government will evaluate all past performance data submitted with the quote and will make best efforts to contact all of the referenced companies/organizations, as necessary, to verify past performance information.

NOTE: Quoters without a record of relevant past performance or for whom information on past performance is not available, may not be evaluated favorably or unfavorably on past performance.This is true also for quoters that have less than 3 relevant records of past performance.

FACTOR 3 – RELEVANT EXPERIENCE

The Government will evaluate the extent and relevancy of the quoter’s corporate experienceduring the past three (3) years, the extent of the quoter’s organizational process maturity andcapability, and its ability to cope with the uncertainties and difficulties associated with the same orsimilar work.

The Government will evaluate all relevant experience data submitted with the quote and will make best efforts to contact all of the referenced companies/organizations, as necessary, to verifyexperience information.

NOTE: Quoters without a record of relevant experience, or for whom information on relevantexperience is not available, may not be evaluated favorably or unfavorably on relevant experience.


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FACTOR 3 – BPA PRICING TABLE

Price will not be rated but will be evaluated. The Government will evaluate price using one ormore of the proposal analysis techniques provided for in FAR 15.404. The Government will takethe total price from the Attachment (2), BPA Pricing Table, to determine the Quoters totalevaluated price for award of the BPA. Adequate price competition is anticipated, per FAR15.403-1(c) (1).

B. BASIS FOR AWARD

Award will be made to the quoter(s) that provides the best value to the Government, price andnon-price related factors considered. The Government will utilize a tradeoff process whendetermining best value. In the event that two or more quotes are determined not to have anysubstantial technical differences (i.e. are technically equivalent), an award may be made to just thelower priced quoter or to multiple quoters. However, award(s) may also only be made to otherthan the lowest priced quoter if the Government determines that a price premium is warranted dueto technical merit. The Government may also make award(s) to other than the highest technicallyrated offer, if the Government determines that a price premium is not warranted.

tsa terms and conditions for trained canines

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