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HSTS02-16-Q-TWE401

BLANKET PURCHASE AGREEMENT


SPECIALIZED PASSENGER SCREENING CANINES
Table of Contents
Description
Description of Agreement
Statement of Work
Ordering

Page Number
2
3
10

IV

Attachments

11

TSA Clauses

11

VI

FAR Clauses

19

VII

Instructions to Prepare Quote & Evaluation Factors

24

Section
I
II
III

SECTION I: DESCRIPTION OF AGREEMENT


Under this firm fixed price Blanket Purchase Agreement (BPA), the vendor shall provide the
Transportation Security Administration (TSA) Canine Training Center (CTC) with fully trained
conventional Explosives Detection Canines (EDCs) with advanced passenger screening capabilities
(hereafter referred to as Specialized Passenger Screening Canines (PSCs)) if and when ordered by a
TSA 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 total
approximate quantity of 240 Specialized PSCs may be ordered. The Government is obligated only to the
extent 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. TSAs 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
Price

Unit

Base Year Ordering Period - Specialized PSCs in


0001
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
1-10

EA
EA

Base Year Ordering Period - Specialized PSCs in


0002
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
11+

EA
EA

Year Two Ordering Period - Specialized PSCs in


0003
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
1 - 10

EA
EA

Year Two Ordering Period - Specialized PSCs in


0004
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
11+

EA
EA

Year Three Ordering Period - Specialized PSCs in


0005
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
1 - 10

EA
EA

Year Three Ordering Period - Specialized PSCs in


0006
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
11+

EA
EA

Year Four Ordering Period - Specialized PSCs in


0007
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
1 - 10

EA
EA

Amount

TBD
TBD

TBD
TBD

TBD
TBD

TBD
TBD

TBD
TBD

TBD
TBD

TBD
TBD

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Year Four Ordering Period - Specialized PSCs in


0008
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
11+

EA
EA

Year Five Ordering Period - Specialized PSCs in


0009
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
1 - 10

EA
EA

Year Five Ordering Period - Specialized PSCs in


0010
accordance with the Section 2 Statement of Work
STEPLADDER PRICING

TBD
11+

EA
EA

TBD
TBD

TBD
TBD

TBD
TBD

SECTION II: STATEMENT OF WORK


A. Background
The National Explosives Detection Canine Team Program (NEDCTP) exists to deter and detect the
introduction 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 use
of highly trained PSC Teams is also a proven deterrent to terrorism directed towards transportation
systems and provides a timely and mobile response support to facilities, rail stations, airports, passenger
terminals, 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 NEDCTP
requires 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-day
acclimation 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 to
explosives 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 search
for at least 15-20 minutes without a break in EDC. For the explosive detection task, the Specialized
PSC 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 behavior
recognizable to the novice handler/student, accurate and skilled localization of explosives odor source
without handler assistance, withholding of final response until localization, prompt and reliable (3 to 5
seconds) 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 Canine
Explosive 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 listed
in 1.1, not to exceed 8 feet high or 3 feet deep. There will be no more than four CETAs in any one
venue. 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 9,000
to 13,450 sq. ft. building consisting of at least five to seven gate configurations similar to
what 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), multiple
airport 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 least
one 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 (widebody
aircraft can be substituted) no smaller than a 707. All seats, overhead bins, cabinets, and
lavatories 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 the
interiors. The canines search behavior should have the canines head turned towards the
current 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 rolled
down or broken.
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d. Baggage Specialized PSCs must be trained to search 40 bags, filled (at least half) with
clothing 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 of
standing (no more than 5 grouped together, adjacent to each other) and lying flat; one row
of 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 size
fitting 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 configurations
consisting of major airlines transportation equipment used to transport cargo, baggage,
and mail from the cargo facility to the aircraft. Additionally, the configurations must
consist of a variety of unit load devices; such as, cookie sheets and silver metal pods used
to ship pallets and boxes on aircraft. For PSC purposes, at least one search scenario
mentioned in 1.1 will require the PSC to search for at least 15-20 minutes without a break
in 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 interfere
with the process in any manner.
a. Day 1 Vehicles and Aircraft
b. Day 2 Cargo and Bags
c. 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 on
the canines 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 olfactory
search behavior, clear recognition of explosives odor accompanied by distinct changes of behavior
readable to a novice student, accurate and skilled localization of explosives odor source without
handler assistance on a moving or still person (decoy). If the decoy is moving in an MI queue, the
canine must follow the decoy for 10 to 15 feet without encouragement or involvement from the
handler, 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 a
steady 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 and
up 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 the
equivalent of a 9,000 to 13,450 sq. ft. building consisting of at least five to seven gate
configurations similar to what is found in the secure side of a terminal. The gates must
include ticket counters, seats (comparable to normal types and amounts found per gate in a
Cat 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 out
throughout the facility. The placement of the CETA will be on or with a static role player
that 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 Explosive
Detection validation has been completed. 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 interfere with the assessment process in any
manner.
a. Day 3 (cont.) and Airport Security Checkpoints
b. Day 4 MI and Reassessment
For a canine to be accepted, the canine must pass both EDC and PSC with no more than one CETA
missed throughout the entire assessment. The canine can be reassessed in one EDC area and one PSC
area. The canine must have less than seven non-productive responses (NPRs) (a final response where
no CETA is planted within a reasonable distance) throughout both the EDC and PSC assessment. The
canine cannot have more than two NPRs in any one search area. There may only be one area
reassessed. 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 the
reassessment area as were placed in the primary search area. After completion of the reassessment, no
additional 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 be
observed to ensure the canine does not have environmental deficiencies. A Specialized PSC shall be
capable 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 following
areas:

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 on
leash. The Specialized PSC shall encounter numerous intense stimuli to assess the Specialized PSCs
stability 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 of
the assessment, the Specialized PSC must display in a manner consistent with fearlessness and
soundness 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 of
searching 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 the
Specialized PSCs sociability. The Specialized PSC shall not display rude behaviors such as climbing
on people or pressing people to interact with the specialized PSC. A Specialized PSC displaying
over-socialization or submissiveness around people or other canines will be deemed unacceptable.
During the acclimation period or assessment process, any Specialized PSC displaying aggression
towards 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. The
Specialized 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 a
rubber 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. The
Specialized PSC shall have a clearly defined reward release and all commands must be in English.
C. Training
1. Specialized PSC Training Records
All Specialized PSCs training records shall be reviewed by CTC prior to the Specialized PSC being
delivered. The vendors 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 areas
have met the requirements under SOW sections B.1.1 and 1.2 prior to being accepted for transport to
CTC for assessment. Any Specialized PSCs having insufficient records will not be reviewed during
the Assessment Process.
2. Specialized PSC's Local Training
The COR and CTC representative may travel to the vendors training facility to view the facilities and
areas for verification of facilities and view the vendors training plan as it is implemented in the training
areas.
2.1 Assessment Method for Specialized PSCs Local Training
The COR and CTC representative may travel to the vendors training facility to view the facilities and
areas for compliance with the training areas described in Task B1.1 and Task B1.2; as well as,
reviewing the vendors 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 veterinarian
medical 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 unacceptable
to work (as determined by the Medical Requirements seen in Attachment 1), TSA requires the vendor
to retrieve the Specialized PSC within seven (7) days of written notification by the CO or the COR
and 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 meet
all 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 supply
current 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:
#
Deliverable
1 Training Records
SOW Section C.1.1

Description
Training
Records

Format/Standard
Training records will be
inspected to ensure accuracy of
explosives odors, criteria, and
exposure and training in
required areas.

Due Date
10 business days before
Delivery of PSCs to CTC
Delivered to COR

Microsoft Word or Microsoft


Excel
Training Plan
2 (Protocols and
Methodology) SOW
Section C.2.1

Training Plan

Training Plan will be inspected


in terms of viability and
effectiveness in its proposed
approach to accomplishing
tasks.

15 business days after


award of Contract
Delivered to COR

Microsoft Word
Medical Records
3 SOW Section D

Medical
Records to
CTC

Current vaccination records


Current health certificate
Current x-rays/radiograph

20 business days before


Delivery of canine
Delivered to COR

record

F. Special Requirements
1. Vendor provided canines shall be acceptable sporting breeds (preferred canines are Labrador
Retrievers and Vizslas) only. Springer Spaniels, Brittany Spaniels, and Border Collies are not
acceptable.
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 and
transportation of canines
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6. Brand Number: The brand number is the number that will be tattooed on the canine after contract
award 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 within
seven (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 after
correction 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 retrieval
and the replacement shall be done at no expense to the Government. The replacement canine shall be
required to meet all the requirements as outlined in this SOW.
8. The vendor shall comply with the United States Department of Agricultures (USDAs) Animal
Welfare Act. Facilities using regulated animals for regulated purposes must provide their animals
with adequate housing, sanitation, nutrition, water and veterinary care, and they must protect their
animals from extreme weather and temperatures.
9. Post Award Changes: All standards and requirements that the specialized PSCs have to meet, as
outlined 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 response
to new and emerging threats to our transportation systems. As a result the vendor(s) shall be flexible
in its training curriculum in order to provide specialized PSCs that can meet the new performance
requirements and/or threat detection standards that may arise during the period of performance of this
BPA. 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 be
authorized or reimbursed for. Vendor is responsible for any travel costs associated with delivery or
retrieval 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 following
limitations:
Individual purchases/orders placed by a Warranted Contracting Officer shall not exceed the
threshold 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 responsible
for 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.
1
2

Attachment Title
Medical Requirements and Evaluation
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 the
requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and
notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the
Contracting Officer. (For further information, the Contracting Officer is a federal government employee
who is specifically authorized and appointed in writing under specified agency procedures and granted the
authority to enter into, administer, and/or terminate contracts and make related determinations and
findings.) In the event, the Contractor makes any changes at the direction of any person other than the
Contracting Officer, the change will be considered to have been without authority and no adjustment will
be made in the contract price to cover any increase in costs incurred as a result thereof.
The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers
may be assigned:
TSA Contracting Officer:
NAME: Kurt Allen
PHONE NUMBER: 202-253-4220
EMAIL: kurt.allen@tsa.dhs.gov
(End of clause)
G.5200. 242.001
CONTRACTING OFFICERS 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 is
done through furnishing technical direction within the confines of the contract, monitoring performance,
ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with
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the Contracting Officer. As a team the Contracting Officer and COR must ensure that program
requirements are clearly communicated and that the agreement is performed to meet them. The principle
role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and
actions that require immediate attention relating to the approved scope and obligated funding of the
contract action.
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 limitations
of the authority so delegated.
TSA CORs:
NAME: Scott Thomas
PHONE NUMBER: 210-671-5080
EMAIL: Scott.G.Thomas@ole.tsa.dhs.gov
3. The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the
Contractor, but notification of the change, including the name and phone number of the successor COR,
will be promptly provided to the Contractor by the Contracting Officer in writing.
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 the
Contractor. The COR is also responsible for the final inspection and acceptance of all reports and
such other responsibilities as may be specified in the contract.
The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing
and transmitting a copy of such designation through the Contracting Officer to the Contractor.
The COR will maintain communications with the Contractor and the Contracting Officer. The
COR must report any observed fraud, waste, or opportunities to improve performance of cost
efficiency to the Contracting Officer.
The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or
questionable practices so that corrections can be made before the problems become significant.
The COR is not authorized to make any commitments or otherwise obligate the Government or
authorize any changes which affect the contracts price, terms or conditions. Any Contractor
request for changes shall be referred to the Contracting Officer directly or through the COR. No
such changes shall be made without the expressed prior authorization of the Contracting Officer.
The COR is not authorized to direct the Contractor on how to perform the work.
The COR is not authorized to issue stop-work orders. The COR may recommend the
authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is
the only official authorized to issue such order.
The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform
additional efforts on an existing contract or order.

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 Contractors performance in relation to the technical requirements of the assigned
functional area of the contract to ensure that the Contractors performance is strictly within the
contracts scope and obligated funding.
Ensuring that all recommended changes in any work under the contract are coordinated and
submitted in writing to the COR for consideration.
Informing the COR if the Contractor is not meeting performance, cost, schedule milestones.
Performing technical reviews of the Contractors proposals as directed by the COR.
Performing acceptance of the Contractors 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 Contractors performance or
failure to perform the contracts 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 States
Coast Guard Finance Center for financial services in support of TSA operations, including the
payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be
paid by, the U.S. Coast Guard Finance Center (FinCen).
(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 for
each 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 invoice
submission only. If facsimile submission is utilized, contractors shall not submit hard copies of
invoices 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 of
invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph
(d) of this clause.
United States Coast Guard Finance Center
TSA Commercial Invoices
P.O. Box 4111
Chesapeake, VA 23327-4111
(FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil)
(c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to
the appropriate TSA Contracting Officers Representative and/or Contracting Officer for review and
approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon
receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of
the invoices.
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Note for discounts offered:


Discounts on invoices. If desired, the Contractor should offer discounts directly upon the
invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted
amounts for payment for any time period less than the usual thirty day payment period specified under
Prompt Payment requirements; however the Contractor should not structure terms for payment of net
amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding
prompt payments for the specified deliverables under contract.
Discounts offered after invoice submission. If the Contractor should wish to offer a discount
on a specific invoice after its submission for payment, the Contractor should submit a letter to the
Finance Center identifying the specific invoice for which a discount is offered and specify the exact
terms of the discount offered and what time period the Government should make payment by in order
to receive the discount. The Contractor should clearly indicate the contract number, invoice number
and date, and the specific terms of the discount offered. Contractors should not structure terms for net
amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding
prompt payments for the specified deliverables under contract.
(d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the
following means:
(1) Via the internet: https://www.fincen.uscg.mil
Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940
(Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM
Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature
that is available 24 hours per day, 7 days per week.
(2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm
(e) Invoice Elements: Invoices will automatically be rejected if the information required in
subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract,
including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are
not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding
contract line item number and funding citation. The Contractor shall work with the Government to
mutually refine the format, content and method of delivery for all invoice submissions during the
performance of the Contract.
(f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice
documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an
invoice along with the original invoice. The Contractor invoice must contain the information stated in
the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice
documentation required for review and approval of invoices may, at the written direction of the
Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting
Officers Representative. Note for time-and-material type contracts: The Contractor must submit
the following statement with each invoice for labor hours invoiced under a time-and-materials type
contract, order, or contract line item: The Contractor hereby certifies in accordance with paragraph
Page 14 of 30

(c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or
subcontractor) who meets the contracts specified requirements for the labor category invoiced.
(g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The
Contractor shall clearly include a separate breakdown (by CLIN) for any software development
activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards
Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design
costs, Development costs and post implementation costs) and cite payment terms. The contractor
shall provide make and model descriptions as well as serial numbers for purchases of hardware and
software (where applicable.)
(h) Frequency of Invoice Submission. This area is for the CO to document how often the contractor is
allowed to submit invoices. An example is Invoices shall be submitted on a monthly basis in
accordance 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, damage
to or loss of equipment or property, or damage to the environment. Safety is essential to TSA and
compliance with safety standards and practices is a material part of this contract. A major breach of safety
may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies
applicable to material parts of this agreement, including termination for default. A major breach of safety
must be related directly to the work on the agreement. A major breach of safety is an act or omission of
the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or
mission 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 by
a state agency operating under an OSHA approved plan.
(b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer
crime), or attack. A major breach of security may constitute a breach of contract that entitles the
Government 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 Government
installations, but must be related directly to the work on the agreement. A major breach of security is an
act or omission by the Contractor that results in compromise of classified information or sensitive security
information or sensitive but unclassified information, including contractor proprietary information, illegal
technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial
of 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 of
security in screening operations.
(c) In the event of a major breach of safety or security, the Contractor shall report the breach to the
Contracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its own
investigation and report the results to the Government. The Contractor shall cooperate with the
Government investigation, if conducted.
(End of clause)
Page 15 of 30

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 that
must be protected because it is information that, if publicly released, would be detrimental to the security
of 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 the
information would be detrimental to the security of transportation. TSA, however, primarily uses the
criterion 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, handling
requirements 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) include
those contracted to DHS or TSA with a need-to-know basis for specific information in the course of
fulfilling 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 has
the 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 of
information 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 other
transaction agreement. Such contracts include, but are not limited to, contracts between any non-Federal
entity and/or TSA or DHS and subcontracts, joint venture agreements, and teaming agreements between
any non-Federal entity and another non-Federal entity to perform work related to the primary contract
with 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 regulatory
compliance, the Contractor shall be subject to the following requirements and include this entire clause as
flow-down in subcontracts, etc.:
(a) Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accordance
with the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the DHS and TSA policies
and procedures for handling and safeguarding SSI. These safeguarding procedures shall include SSI
recognition, identification and marking of materials that possibly contain SSI, including Contractorcreated materials, as well as following restrictions on disclosure, storage, handling, sharing,
dissemination and destruction of SSI. The Contractor, without exception, shall place this requirement
in 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 are
required to be signed by all Contractor personnel when access to SSI is necessary for performance of
the contract. By signing the NDA, the recipient certifies in writing that they will take the necessary
steps to prevent the unauthorized disclosure and use of information.
Page 16 of 30

(c) Request for Access to SSI materials. Pursuant to 49 C.F.R. Part 1520.9(a)(3), the Contractor must
contact SSI@tsa.dhs.gov for guidance on handling requests to access to SSI (before using SSI
materials) 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 the
Contractor. The Contractor shall include the Contracting Officer (CO) and Contracting Officer
Representative (COR) as a carbon copy cc recipient of its contact to SSI@tsa.dhs.gov . The TSA
SSI 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 on
an annual basis for the duration of the contract or for the duration of the requesters need for access to
SSI, whichever is later. Contractor personnel must also review and adhere to the SSI Quick Reference
Guide for DHS Employees and Contractors. The Contractor shall certify to the Contracting Officer
annually 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 responsibilities
to protect the information.
(e) Breach. In accordance with 49 C.F.R. Part 1520.9(c), the Contractor agrees that in the event of any
actual or suspected breach of SSI (i.e., loss of control, compromise, unauthorized disclosure, access
for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the
Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the
Contracting Officer and the COR. The Contractor is responsible for positively verifying that
notification 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 the
Contractor or its employees, or the Contractors covered persons, the Contractor shall, as directed by
the Contracting Officer and at no cost to the Government, without delay correct or mitigate the
violation.
For unauthorized disclosure of SSI, the Contractor and Contractor's employees and Contractors
covered persons may also be subject to civil penalties and other consequences as set forth in 49 CFR
Part 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 the
Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain
trade secrets, proprietary, or personally-identifiable information must be clearly marked.

Page 17 of 30

Any information made available to the Contractor by the Government must be used only for the purpose
of carrying out the requirements of this contract and must not be divulged or made known in any manner
to 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 confidentiality
of 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 Contractors 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 data
otherwise stored or processed by the contractor, regardless of who owns or controls the underlying
systems while that data is under the contractors control. All Government data, including but not limited
to Personal Identifiable Information (PII), Sensitive Security Information (SSI), and Sensitive But
Unclassified (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 and
rigorously follow all applicable DHS Component Agencys requirements, policies, and procedures for
safeguarding 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-disclosure
agreement 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 are
acceptable for encrypting sensitive information:
a.
b.
c.

Products Advanced Encryption Standard (AES) algorithms that have been validated under FIPS
140-2.
National Security Agency (NSA) Type 2 or Type 1 encryption.
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 Sensitive
Systems).

The contractor shall maintain data control according to the applicable DHS Component Agencys security
level of the data. Data separation will include the use of discretionary access control methods, VPN
encryption methods, data aggregation controls, data tagging, media marking, backup actions, and data
disaster planning and recovery. Contractors handling PII must comply with TSA MD 3700.4 if applicable.
Page 18 of 30

Users of Government IT assets shall adhere to all system security requirements to ensure the
confidentiality, integrity, availability, and non-repudiation of information under their control. All users
accessing Government IT assets are expected to actively apply the practices specified in the TSA
Information Technology Security Policy (ITSP) Handbook, Chapter 3, Section 6, Privacy and Acceptable
Use, or similar DHS Component Agencys guidance or policy.
The contractor shall comply with the all data disposition requirements stated in the applicable DHS
Component Agencys Information Security Policy. For all TSA orders the contractor shall comply with
Information Security Policy Handbook Chapter 3, Section 17 Computer Data Storage Disposition, as well
as TSA Management Directive 3700.4.
(End of clause)
L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL
2015)
In the event of receipt of the Contracting Officers final decision of an agency-level protest in accordance
with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is
available 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 be
submitted in writing and signed by a company official who is authorized to commit the company and
contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting
Officers decision (and copy of such decision). Appeals must be sent either in writing or via email to
Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Office of
Acquisition, 601 S. 12th Street, Arlington, VA 20598-6025, or via email to
TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate APPEAL
OF AGENCY PROTEST.
(End of provision
SECTION VI: FAR CLAUSES
FAR 52.204-7
FAR 52.204-16
FAR 52.204-18
FAR 52.204-19
FAR 52.209-7
FAR 52.212-1
FAR 52.212-3
FAR 52.232-40
FAR 52.233-4
FAR 52.233-2
FAR 52.225-25

System for Award Management (JUL 2013)


Commercial and Government Entity Code Reporting (JUL 2015)
Commercial and Government Entity Code Maintenance (JUL 2015)
Incorporation by Reference of Representations and Certifications (DEC 2014)
Information Regarding Responsibility Matters (JUL 2013)
Instructions to Offerors Commercial Items (OCT 2015)
Offeror Representations and Certifications - Commercial Items (NOV 2015)
Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
Applicable law for breach of Contract Claim (OCT 2004)
Service of Protest (SEP 2006)
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran-Representation and Certifications (OCT 2015)

Page 19 of 30

The following clause(s) are incorporated in full text:


52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive


Orders-Commercial Items (NOV 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive orders
applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and
108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer
has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate
I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American
Recovery and Reinvestment Act of 2009.)
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section
743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan
2014) (Pub. L. 111-117, section 743 of Div. C).
_x_ (8) 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul
2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved]
_x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
Page 20 of 30

__ (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 (Nov
2011) (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 Small
Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns
Eligible 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 of
commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially
available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the
acquisition of commercially available off-the-shelf items.)
__ (36)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (JUN 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (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).
Page 21 of 30

_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, and
112-43.
__ (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; 10
U.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 to
implement 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 Contracts
for 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 Contracts
for 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).
Page 22 of 30

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42
U.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 simplified
acquisition 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 Contractors directly pertinent records
involving 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 this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the 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 arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are finally
resolved.
(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 or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to 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 a
subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be
as 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 to
small 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 Contracts
for 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 to
Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
Page 23 of 30

(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; 10
U.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) of
FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal 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 quote
or in making necessary studies or designs for the preparation thereof, nor to contract for services or
supplies.
2.0

EVALUATION METHODOLOGY

The Government will conduct a technical evaluation of the canines using the three non-price technical
factors listed under Section H below. The Government will award up to three (3) BPAs, with
award(s) to be made on a best value, tradeoff basis.
A. It is the Governments intent to award without exchanges; however, exchanges may be required
with your firm. The Contracting Officer will not negotiate with any quoters other than those of
the Governments choice and will not use the formal source selection procedures described in
FAR Part 15. If exchanges are held, they may be written or oral questions. Your initial quote
should contain your best terms for this work.
B. Quotes that do not respond to all requirements in the solicitation may be rejected without further
evaluation, 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 to
comprehend 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 single
award 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.
Page 24 of 30

G. Responsibility will be determined by the Contracting Officer in accordance with the standards set
forth 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)
2)
3)
4)
3.0

Technical
Past Performance
Relevant Experience
Price

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.


18 December 2015, 3:00 P.M.

Questions due from Quoters


Quotes due from Quoters

Questions and quotes should be forwarded electronically to the Contracting Officer, Kurt Allen, at
kurt.allen@dhs.gov. There will be no exceptions to the time and date on which responses are due, unless
determined otherwise by the Government.
The total number of pages shall not exceed those identified in section 4.0 below. Each printed side
represents one page (i.e., front/back equals two pages). The quote text may not be smaller than 12-pitch
type 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 page
limitations and prescribed formatting may result in your firms 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: Specialized
Canines RFQ; Volume No.; Company Name; and the # of # emails. Any electronic submission
determined 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:
#
1
2
4.0

Reference
(Example) Section II, Statement of
Work, B. Technical Requirements,
Page 6, Paragraph 2, Line 2
General (if there is no specific RFQ
reference)

Quoters Question

CONTENTS OF QUOTE

The quoter must submit a quote in accordance with the Request for Quote. This quote must be submitted
via email to the Contracting Officer.
A. Quoter must submit a quote consisting of the following volumes:
Page 25 of 30

Volume
1

Description
Signed Cover Letter
Technical (Factor 1)

Page Limit
1
10

2
3
3

Past Performance (Factor 2)


Relevant Experience (Factor 3)
Price (Factor 4)

5
5
NA Must complete the following:
Attachment 2 BPA Pricing Fill-in
Table

B. Each volume must be submitted as a separate electronic file. Use 8 by 11-inch paper printed on
one side only with one-inch margins on all sides and single-spaced. Number the pages of each
volume 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 quoters discretion.
C. A quote which does not address any of the quote requirements described in the following sections
will be considered non-responsive to that requirement and will be a basis for eliminating the quote
from further consideration.
D. Quotes must be clear, coherent, and prepared in sufficient detail for effective evaluation. Quotes
must include convincing rationale and substantiation of all claims. Quoters shall assume that the
Government has no prior knowledge of their experience and will base its evaluation on the
information presented in the Quoters 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 of
at least 120 calendar days from the Quote due date. A quote allowing less than the Governments
minimum acceptance period may be rejected.
5.0

QUOTE SUBMISSION REQUIREMENTS


A. COVER LETTER
Your Cover Letter shall include the following:
1)
2)
3)
4)

Solicitation Number and Solicitation Title


Contractor Name
DUNS Number
Statement that quoter is a Service Disabled Veteran Owned Small Business under NAICS
112990, in accordance with FAR Provision 52.212-3, Quoter Representations and
Certifications Commercial Items
5) Complete Business Mailing Address
6) Point(s) of Contact (Name, title, e-mail address, phone number)
Page 26 of 30

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 will
achieve those requirements. The quoters response shall demonstrate their ability to meet or
exceed all SOW requirements (SOW Sections B - D), to include a detailed discussion on the
quoters training plans (curriculum), venues, and facilities that will be used as well as how it will
utilize and employ any partnering relationships. The response shall also demonstrate the quoters
ability to provide Specialized PSCs that meet or exceed all SOW requirements in quantities that
could at times exceed 10 in a given order.
C. VOLUME 2 PAST PERFORMANCE (FACTOR 2)
The Government will use past performance information from the Governments automated
repositories as well as information submitted by the quoter. Quoters shall submit a list of a
minimum 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 the
requirement of this solicitation. Contracts listed may include those entered into with the Federal
Government, agencies of state and local Governments, and commercial customers performed by
the contractor or proposed subcontractor. Include the following information for each contract and
subcontract:
- 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 Officers Representative/Task Order
Manager/Technical
Point 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 the
relevance of the data provided. Information may also be considered regarding past performance of
any significant subcontractor. The Government may use other information available from other
sources to evaluate a quoters past performance. The Government reserves the right to limit or
expand 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 state
that it possesses no relevant past performance.
Page 27 of 30

D. VOLUME 3 RELEVANT EXPERIENCE (FACTOR 3)


Quoters shall identify prior experience relevant to the requirements as described in this solicitation
gained during the last three (3) years. This shall include subcontractors and/or team members
involved 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 those
described 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 address
shall be provided.
Quoters shall provide information on problems encountered on the contract and subcontracts
identified 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 cause
letter(s), or was found in default of the contract.
Since the Government may not necessarily interview all sources provided by the quoters, it is
incumbent upon the quoter to explain the relevance of the data provided. Information may also be
considered regarding relevant experience of any significant subcontractor. The Government
reserves the right to limit or expand the number of references it decides to contact and to utilize
information 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 take
the average of the quoters respective unit prices and multiply the average by 240 (estimated
number of specialized canines to be ordered over the 5 year ordering period) to determine the
quoters total evaluated price. Pricing assumptions are not to be provided and will not be
considered 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. Any
quoter that receives an Unacceptable rating for any of the evaluation factors will not be
considered 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 evaluation
factors are as follows:
Factor 1 Technical
Factor 2 Past Performance
Factor 3- Relevant Experience
Factor 4 - Price
Page 28 of 30

The evaluation factors above are listed in descending order of importance and when combined the
non-price factors are significantly more important than Price. The importance of Price will
increase as the difference in Technical responses decreases.
FACTOR 1 TECHNICAL
The Government will evaluate the quoters technical ability based on its written response to the
SOW requirements to determine the degree to which the quoter demonstrates an understanding of
the requirements and its ability to comply with the requirements to include the extent the quoters
training plans (curriculum), venues, facilities, and partnering relationships increase the likelihood
of programmatic success. In addition the Government will evaluate the extent of the quoters
ability 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 Governments automated
repositories 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 the
web at http://www.cpars.csd.disa.mil as well as the Past Performance Information Retrieval
System (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 quoters corporate experience
during the past three (3) years, the extent of the quoters organizational process maturity and
capability, and its ability to cope with the uncertainties and difficulties associated with the same or
similar 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 verify
experience information.
NOTE: Quoters without a record of relevant experience, or for whom information on relevant
experience is not available, may not be evaluated favorably or unfavorably on relevant experience.
Page 29 of 30

FACTOR 3 BPA PRICING TABLE


Price will not be rated but will be evaluated. The Government will evaluate price using one or
more of the proposal analysis techniques provided for in FAR 15.404. The Government will take
the total price from the Attachment (2), BPA Pricing Table, to determine the Quoters total
evaluated price for award of the BPA. Adequate price competition is anticipated, per FAR
15.403-1(c) (1).
B. BASIS FOR AWARD
Award will be made to the quoter(s) that provides the best value to the Government, price and
non-price related factors considered. The Government will utilize a tradeoff process when
determining best value. In the event that two or more quotes are determined not to have any
substantial technical differences (i.e. are technically equivalent), an award may be made to just the
lower priced quoter or to multiple quoters. However, award(s) may also only be made to other
than the lowest priced quoter if the Government determines that a price premium is warranted due
to technical merit. The Government may also make award(s) to other than the highest technically
rated offer, if the Government determines that a price premium is not warranted.

Page 30 of 30