Privacy Impact Assessment

for the

Rail Security Pilot Study Phase II at PATH
July 12, 2006 Contact Point Joe Foster Department of Homeland Security Science & Technology
(202) 254-5314

Reviewing_,Official Maureen Cooney Acting Chief Privacy Officer Department of Homeland Security
(571) 227-3813

Homeland ~~} Security

Privacy Impact Assessment

Science and Technology, Rail Security Pilot July 12, 2006
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Introduction
Transit systems are attractive and visible targets for terrorism because they carry large numbers of people in concentrated, highly repetitious, and predictable patterns that are designed for easy access. In response to events in Madrid and London that demonstrated that commuter rail and mass transit are realistic terrorist targets, the Department of Homeland Security (DHS) Office of Science and Technology is implementing a Rail Security Pilot (RSP) under the auspices of congressional mandate found in Conference Report (H. Rep 108-774), "Making Appropriations for the Department of Homeland Security for the Fiscal Year Ending September 20, 2005, and for Other Purposes (pg. 79). The RSP objective is to develop a credible "response package" that could be quickly and efficiently implemented in response to an event or as the result of intelligence indicating a possible threat exists where explosives would be used in a commuter rail or mass transit venue. At a minimum, the resultant response package will consist of a set of validated concepts of operations (CONOPS), the endorsement of equipment, and a targeted and refined training package. To develop the response package, the RSP will evaluate the effectiveness of off-theshelf and prototype explosives detection and mitigation capabilities to counter two distinct threats: 1) the suicide bomber and 2) the leave-behind bomb. An important feature of this pilot is the ability to rapidly deploy operational capabilities with minimal set-up costs. which is ideal for responding to intelligence-based monitoring or establishing high-visibility operations for deterrence. The RSP is divided into two phases. Phase I, conducted in February 2006, did not require the collection of personally identifiable information and evaluated existing countermeasures using aviation security methods that could be implemented immediately. Phase I technologies included walk through metal detectors and dual-energy X-ray machines that were calibrated for the rail threat basis (i.e., large amounts of metal typical of that found in suicide bomber vests and large quantities of explosive capable of damaging key infrastructure). Phase II is evaluating emerging technologies with varying technological maturity. Phase II activities will occur in several locations and this Privacy Impact Assessment only covers the activities to occur at the Port Authority Trans-Hudson New York New Jersey (PATH NY/NJ). Successful completion of the RSP will provide a combination of technologies, routine operating protocols, and appropriate training curriculum that minimizes the burden of responding to an explosive attack on the rail sector. Ideally, the RSP 'Willoffset the increased security burden on law enforcement personnel through increased police effectiveness in their traditional mission areas. The specific technologies to be fielded with a potential privacy impact include: 1) motion video surveillance cameras, 2) still photography, 3) whole-body infrared images, 4) whole-body

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millimeter-wave, and 4) whole body terahertz images. Additionally, personal articles may be inspected, either by law enforcement officers (LEO) or by trained test conductors. A summary of the Phase II screening equipment with potential privacy issues is provided in Table 1 below.

Table 1. Summary of Phase II Screening Equipment with Potential Privacy Issues Port Authorityl Station Port-Authority Trans Hudson (PATH)/ Exchange Place Station Technology • Passive' millimeter wave imaging • Active" millimeter wave imaging • Passive terahertz imaging • Infra red imaging • Standard still and surveillance camera images Operations


Imaging and detection technology identifies objects hidden beneath clothing Still and motion video technology show facial images

Section 1.0 Information collected and maintained
1.1 What information is to be collected?
Collected information will be in the forrn of images of individual commuters traversing the detection area to assess the potential presence of concealed explosive threats. Technologies will include traditional motion video and still photography images, infrared (lR) thermography images, millimeter-wave (MMW) images, and terahertz (TIlz) images. Both whole body and facial images wiU be collected depending on the technology system/concept of operations (CONOPS). • IR Thennography images (passive): Imaging using IR thermography relies upon the IR energy naturally emitted and reflected by the human body. IR energy emitted from the body is absorbed and then re-emitted by clothing. Concealed objects between the body and clothing are observed with IR imaging systems as a thermal contrast (temperature difference).

1 Passive means the imaging technology uses only what is available to create the image (like non-flash photography) 2 Active means the imaging technology illuminates the subject to create the image (like flash photography)

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Millimeter-wave images (active and passive): Passive MMW technology uses natural MMW illumination emitted and reflected from a person and the surrounding environment to produce image. Active MMW illuminates a subject with MMW energy and produces images due to reflections from the body.

an

Terahertz images (passive): Passive terahertz imaging is very similar to millimeter wave imaging with a slight shift in measured electromagnetic energy naturally emitted from the human body

Images will only contain date/time or sequence number labels - no other identifying information will be collected. 1.2

From whom Is information eelleeted?

All rail commuters who pass into the detection area will be subject to image analyses for
concealed body-borne explosive threats as they progress from entrance turnstiles toward subway platforms.

1.3

Why is the information being ccfleeted?

The purpose of the RSP is to assess the merits of available, emerging technologies with security system CONOPS to mitigate the threat of a body-borne explosive device or leavebehind bomb. The imaging information provides an indication of a potential threat that requires secondary assessment by law enforcement officers. These technologies and security systems must be evaluated in an actual commuter rail environment to collect operationally relevant data.

1.4 Wbat specific collection of information?

legal

autborities/arrangements/agreements

define

the

Pursuant to the Congressional Conference Report (H. Rep 108-774), "Making Appropriations for the Department of Homeland Security for the Fiscal Year Ending September 20,2005, and for Other Purposes (pg. 79). Congressional appropriation language stipulated that funds be spent for: • conducting simulated, real-world exercises to validate a training program for the use of commercially available equipment against suicide bombers in commuter and passenger rail environments; • improving the ability of law enforcement to detect and disrupt potential suicide bombers at a distance while minimizing risk to law enforcement and the general population; and, • operationally evaluating commercially available systems for rail track surveillance.

1.5

Privacy Impact Analysis:

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This pilot project is designed to evaluate the merits of commercial technology to identify suicide bombers among rail passengers in real-world exercises, The technologies capture traditional visible photographic images and emerging "invisible to the eye" images of bodyborne concealed threats. There is a risk to privacy with imagery that contains facial and whole body photographs. and/or whole body scans. The risk of this type of privacy interference has been reduced by specifically not collecting additional personally identifiable information (such as name, thus individuals remain anonymous to DHS and the pilot program) and by ensuring that only blurred pictures are shared outside of the RSP.

Section 2.0 Uses of the system and the information
2.1 Describe all tbe uses of information.
Information is collected in the form of passenger images as follows: • Traditional motion video images will be obtained in the test areas to evaluate queue lengths at passenger inspection checkpoints and determine the impact of screening on the passenger. The infrared (IR). terahertz (THz) and millimeter wave (MMW) images of commuters will be used to evaluate technology and concept of operations effectiveness derived from pooled data.

AU of the images collected are part of a primary screening process to identify concealed explosives or shrapnel carried on the commuter's person. If the system identifies a possible concealed explosive threat, an alarm will occur. Alarm resolution is required on all primary detection alerts and may include law enforcement interrogation andlor physical search. Any illegal contraband that is not evidence of an explosive threat found during secondary inspection/alarm resolution will be managed by local law enforcement authorities. The screening process may uncover other security risks such as concealed weapons or illegal drugs, which will be managed per PATH NYINJ protocols. DHS will not collect any additional personal information other than the pictures. Local law enforcement may collect additional information, as needed. Ifrequested, DRS may provide PATH NYtNJ a copy of the image photo that prompted the primary screening process. Image information collected for this pilot project will be held within the project to derive statistical measures of performance for each system. Select images will be shared externally in a training package to disseminate the utility of each technology/CONOPS; however, any facial image shared will be obscured to prevent identification of an individual. If the technology detects a true threat during the pilot, the threat will be handled appropriately through law enforcement. Images may also be used for training purposes. In this instance the facial features will be blurred.

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2.2 Does the system analyze data to assist users in Identifying previously unknown areas or note, concern, or pattern (sometimes referred to as data mlning)?
There are no plans to use this data to search for or to establish patterns involving individuals. The information will be used to estimate measures of effectiveness derived from pooled data, such as probability of detection, false alarm rate, nuisance, alarm rate, impact on the individual and delay time. Data will be deleted within 90 days (per PATH NYINJ legal). For the purpose of reporting to Congress, a limited number of images will be maintained; however, all identifying features of individuals will be blurred.

2.3 Bow will the information collected from individuals or derived from the system be checked for aecuraey?
The accuracy of the information is determined by the detection that takes place. The pilot is seeking to detect a bomb which often consists of explosives, shrapnel, batteries and wires. All positive alarms from the surveillance technologies will require resolution to determine the nature of the alarm, This is performed by escorting the passenger to a partitioned secondary screening facility for questioning and/or physical inspection (such as performing a pat-down inspection). Alarms will be resolved as nuisance (the item causing the alert was appropriately found, but was not a threat), false (no item was found), and true (the item found was a true threat).

2.4

Privacy Impact Analysis

Technology has been deployed to blur the images that have personal information such as a face or other identifying features when shared outside of the RSP or used for training purposes. Individuals using the system have been trained on the appropriate use of the system and the collection of the information so as to decrease the risk of misuse of the clear image photos.

Section 3.0 Retention
3.1

What is the retention period for the data in the system?

The data will be analyzed by the DHS RSP for a period not to exceed ninety (90) day, after which the data win be archived or destroyed. Ninety (90) days provides adequate time to complete the RSP and develop follow on actions.

3.2 Has the retention schedule been approved by the National Archives and Records Administration (NARA)?
Yes. General Records System 20 covers the disposition of Electronic files or records

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documentation for the electronic files/records.

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created solely to test system performance, as well as hard-copy printouts and related 3.3 Privacy Impact Analysis

The information needs to be retained for 90 days to ensure adequate time is available to assess the utility of the technologies being evaluated and develop the needed training materials.

Section 4.0 Internal sharing and disclosure
4.1 With which internal organizations is the information shared? DHS/S&T will share the results of the study with the Transportation Security Administration (TSA), but the individual images will not be released unless facial features are obscuredlblurred as discussed in other sections. 4.2 For each organization, what information is shared and for what purpose? DHS/S&T will share the results and the obscured/blurred pictures with TSA to assess merits of technology systems/concepts of operations as requirements for mass transit authorities or for adaptation into other transportation environments. 4.3 How is the information transmitted or disclosed? The study results and associated obscured/blurred pictures will be transmitted in electronic or print editions. All reports generated by the project will be designated For Official Use Only and will be appropriately maintained. 4.4 Privacy Impact Analysis
Internal information sharing is needed within the S&T technical team to understand and

define the technology/CONOPS merits/demerits; and, external to provide summary results. An images shared within DHSITSA will remain anonymous as no individual is named or otherwise identified. Any images shared external to the RSP team must have blurred facial features to ensure that the identity of the individual is not recognized in any display of the image.

Section 5.0 External sharing and disclosure
5.1 With which external organizations Is the Information shared? Study results will be available to transit authorities in the fonn of a training package that describes technology options and select concepts of operation. Commercial vendors supplying equipment for the pilot will be provided subsets of images to support improvements in the technology. Any images supplied to vendors will protect individual privacy by blurring out the images before sending on to the vendors. The information may also be made available to

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Congress. When an alarm and secondary screening confirms presence of concealed weapons or illegal drugs. PATH NYINJ will implement law enforcement protocols and RSP may provide the clear photo upon request by the law enforcement authority.

5.2

What information is shared and for what purpose?

Technology system performance results will be shared to enable the transit authorities to evaluate operational costs and benefits of technologies employed in the test. No personally identifiable commuter information will be shared. If. during the course of the pilot test, the LEO detains a commuter based on concealed contraband or explosives detection, then law enforcement will have access to images collected from the pilot activities for use in legal proceedings. Possession of contraband or explosives may also be confirmed by subsequent search by the LEO, based on the LEO's determination of probable cause. S.3 How is the information transmitted or disclosed?

Printed or electronic summary reports of the study will be provided without any personally identifiable information,

5.4 Is a Memorandum of Understanding (MOU), contract, or any agreement in place with any external organizations with whom information is shared, and does the agreement reflect the scope of the information currently shared?
The training package for transit authorities is intended to provide a current value assessment of technoiogy/CONOPS for consideration of security system upgrades. Information shared with external organizations will not include sufficient detail to identify specific individuals. No specific MOU, contract or agreement is employed. 5.5

How is the shared information secured by the recipient?

Shared information does not include personally identifiable information. Sensitive security information resulting from the RSP will be protected according to DHS information security requirements. 5.6

to receiving access 5.7

What type of training is required for users from agencies outside DHS prior to the information?

Not applicable.

Privacy Impact Analysis

For study results and associated photos, the information will be obscured or blurred so that no personal information is provided to those looking at the efficacy of the information. For

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Section 6.0 Notice

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Science and Technology, Rail Security Pilot July 12, 2006 Page 9

law enforcement authorities. the clear image photo may be provided if requested after a search has been conducted.

6.1 Was notice provided to the individual prlor to collection of information? If yes, please provide a copy of the notice as an appendix. A notice may Include a posted privacy policy, a Privacy Act notice on forms, or a system of records notice published in the Federal Register Notice. If notice was not provided, why not?
Notice that screening is taking place and what type of technology will be used will be provided prior to entrance to the transit area at PATH. The signage that win be used for the PA TIl pilot is provided in Appendix A. Individual commuters will be able to render consent prior to entering the relevant area because sufficient notice will be provided. Given the nature of the information gathered. the RSP will not be collecting information that is considered a record under the Privacy Act. See 5 U.S.C. § 552a(a)(4)(defining a record as "any item ... ofinfonnation about an individual ... that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.") Accordingly, we will not file a system of records notice in the Federal Register as indicated in 5 V.S.C § 5S2a(e)(4) .

6.2 Do individuals have an opportunity and/or right to decline to provide information?
The notice, as described in 6.0, will provide written notice to individuals of their options including the opportunity to enter the station where the test will take place or choose to enter via another station thereby opting out of the pilot study with no record of declination or penalty.

6.3 Do individuals have the right to consent to particular uses of the information, and if so, how does the individual exercise the right?
No. Once the passenger chooses to enter the inspection area by passing through the turnstiles. the person has consented to have images obtained by the RSP.

~

Privacy Impact Analysis

Individuals will be provided adequate notice. as described in 6.0, that security screening will occur upon entry through the turnstiles. An individual may choose not to consent by leaving the station and entering the rail system through a separate station. Sufficient notice of the location and type of screening has mitigated the risk of the individual being unaware of the collection of information.

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Section 7.0 Individual Access, Redress and Correction
7.1 Wbat are the procedures tbat allow Individuals to gain aeeess to tbeir own information?
None. No additional personally identifiable information is collected to associate an individual in an image, nor will the public have access to the image database. Nonetheless, if a person is arrested on the basis of the images, they may request copies of these images from PATH NYlNrs Legal Department.

7.2

Wbat are the procedures for correcting erroneous information?

If an alarm resolution is required, a physical search is conducted by trained personnel and if nothing is found then the individual is allowed to pass and no personal information is collected. If the wrong individual was brought over for secondary screening. this will be rectified by comparing the clear photo to the individual being screened.

7.3 How are individuals notified of the procedures information?
There is no information to be corrected. 7.4

for correcting

their

Uno redress Is provided, are alternatives are available?

Redress is provided at the time of the secondary screening.

7.5

Privacy Impact Analysis
is not

-Individuals will not have access to collected images because the information cataloged by retrievable personal information,

Section 8.0 Technical Access and Security
8.1

Which user group(s) will bave access to tbe system?

Rail Security Pilot S&T technical team consisting of members from Oak Ridge National Laboratory (ORNL). Lawrence Livermore National Laboratory (LLNL), Pacific Northwest Laboratory (PNL), Sandia National Laboratories (SNL) and DHS/S&T will have access to clear and blurred images collected while in the field. and later during data analysis/summary report

preparation.
No other groups will have access to the clear images.

8.2

Will contractors to DRS have access to the system?

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Yes. U.S. Government National Laboratories are considered DRS intramural laboratories, but may be considered external to the DRS. See 8.1. Commercial vendors supplying technology for the pilot will support the field operations, providing technical advice on optimum operation of the technologies. 8.3 Does the system use ''roles'' to assign privileges
to

users of the system?

No. There is a limited number of individuals who have access to the system, which will include only the S&T technical team.

8.4

What procedures are in place to determine whlcb users may access the

system and are they documented? S&T technical team members are the only individuals with access to the system. This is documented according to previously drafted Statements of Work.

8.5

How are tbe actual assignments of roles and rules verified according to

established security and auditing procedures'!

random inspection/auditing 8.6

The Project Manager will for the S&T technical team. The Project Manager will perform to ensure all collected images are managed per the privacy requirements of the project.

What auditing measures and technical safeguards are in place to prevent

misuse of data? Given the small number of individuals with access to this pilot program, auditing has not been put in place. If this program is deployed on a larger basis appropriate auditing measures will be included. 8.7 Describe what privacy training is provtded to users either generally or specifically relevant to the functionality of the program or system? Appropriate privacy training has been provided to the limited number of indivudals on the S&T technical team with actual access to the system.

8.8 Is tbe data secured in accordance with FISMA requirements? If yes, when was Certification & Accreditation last completed? This section is not applicable because data
collected by the RSP is a stand alone system and will not be integrated into existing DHS systems. 8.9 Privacy Impact Analysis

The bulk of image data collected will be translated into statistical performance characteristics of the technology by the DHS technical team. Team members have been trained on the appropriate use of the clear image.


9.1 9.2

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Science and Technology, Rail Security Pilot July 12, 2006 Page 12

Section 9.0 Technology
The following questions are directed at critically analyzing the selection process for any technologies utilized by the system, including system hardware. RFID, biometrics and other technology.

Was the system built from the ground up or purchased and installed? Describe how data Integrity, privacy, and security were analyzed as part of

All systems were selected, obtained and installed by the RSP project team. tbe decisions made for your system. The RSP CONOPS for the selected technologies were developed to meet the goals for detection/interruption of suicide bomb threats on individuals without specifically identifying an individual. Decisions to include specific technology/CONOPS into the RSP were based on merits to improve rail security balanced by impacts to transit authority operations.

9.3

What design choices were made to enhance privacy?

Design choices depended on the technology system. Full body imaging technologies were selected and configured so as to not show a revealing image of the screened individual. Video surveillance cameras were selected to be oflower resolution and wider angle viewing than required for individual identification. Furthermore, mount locations were chosen to provide views from above (also limiting individual identification) to assist in the identification of conduct of operations problems, the formation of queues, and time-motion in formation. The secondary screening location was located out of the main flow of passengers and is a relatively isolated location. Privacy partitions are planned to form discreet, individual secondary screening areas where the cause of the alarm can be identified through questioning, hand held metal detectors, andlor pat-down techniques.

Conclusion
Developing system performance factors to recommend credible suicide bomber rail protection systems and methodologies does not depend on identifying. classifying; or tracking the test participants. The RSP actually benefits from test participant anonymity both in minimizing obtrusiveness on the commuters, who are impacted by deployed systems, and in avoiding the potential for individual profiling. We have selected technologies and CONOPS that meet the goal of detecting threats on individuals without links to collect the identity of these individuals. Images collected will be used to determine threat detection technology performance

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and impacts to transit authority operations. This infonnation can not be mined to provide information about specific individuals and will be either archived at DHS or destroyed at the end of the pilot program.

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Responsible Officials
Joe Foster Department of Homeland Security

Approval Signature Page

____________
Maureen Cooney
Acting Chief Privacy Officer

July 12, 2006

Chief Freedom of Information Act Officer Department of Homeland Security

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Appendix A

Privacy Impact Assessment

Science and Technology, Rail Security Pilot July 12, 2006
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CUSTOMER ADVISORY
PATH Exchange Place Station
Phase 2 Pilot Test
Passenger Screenil,g Technologies

July 13 - July 27, 2006

Figure B.l.

Security Inspection Notice For Rail Security Pilot At PA1H

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Standalone Backscatter X-ray System for Imaging of Explosive Devices for the Counter-Improvised Explosive Device (C-IED) Program

A Technology Transition Agreement Between Department of Homeland Security Science &Technology Directorate And Transportation

Seeurity Administration

June 18, 2008

The responsibilities each Party assumes under this ITA are contingent upon available funds from which expenditures may be JegaUymade. Nothing in thislTA, in and of itself, obligates DHS S&T or (other DHS party) to expend appropriations or to enter into any contract, assistance agreement, interagency agreement, or other financial obligations. This document reflects a good faith agreement by the Parties to common objectives and to execute programs toward these objectives. The agreement is considered to be adaptable, by review and agreement of the Parties, to technical challenges, funding changes, and alterations in operational environments or requirements.

1

Table of Contents
II.
I. Introduction Basic Transition Agreement a. Backscatter X-ray Imaging of Person-Borne IEDs
c. d. e. Technology Need Integration Strategy "

3
3
4 5

3

TSA Program Manager f. DHS s&.T Project Manager g. Capability Requirement Basis , III. Technical Details and Programmatics a. T echnology Status I) Starns Summary 2) Risk Analysis b. Technology Development Strategy c. Exit Criteria d. Program Plan "
e. IV. S&T Funding Signatures

6 6
6

6 6 6
6

1 8 8
8 9

2

I. Introduction
This Technology Transition Agreement (ITA) establishes the conditions, roles, and responsibility for the successful transition oftechnoJogy from the Department of Homeland Security Science & Technology Directorate {DHS S&n, to the Transportation Security Administration (TSA).

Improvised Explosives Devices (IEDs) have been used by terrorists in attacks in Northern Ireland, Chechnya, Lebanon, and Israel. IEDs have been used in attacks against American interests such as the bombings of the u.s. Embassy and barracks in Lebanon, the Khobar Towers in Saudi Arabia. the U, S. embassies in Kenya and Tanzania, the USS Cole in Yemen, and thousands of annual attacks against American personnel in Jraq and Afghanistan. In light of the growing threat posed by IEDs to our nation's transportation systems sector architecture, and the passengers and commerce items that move through it. the TSA has conveyed requirements to DHS 5&1 for developing capabilities for improved detection of explosive devices on people. The delivered technology will provide detection of explosive devices on persons by the use of backscatter imaging. The deliverable will be a system that enables the detection of suicide bombers in various high throughput transportation venues, and drives the development of technology identified in this ITA. This delivered system will address the following Capability Gap: EXG-FY07..()1: Staadoff detectioo of explosives & weapoos
00

1.1 Background

people

II. Basic Transition Agreement
a. Standalone Backscatter X-ray System/or Imaging ojSuicide Bomber Explosive Devices
DHS S&T will deliver a prototype system for government testing and evaluation in Ql FY09. The prototype wiU be capable of imaging a person and the objects on his/her possession while waJkingin a three (3)-foot wide corridor. The system will use dual backscatter x-ray systems to create 360 degree image of a person, which will then reveal anomalies indicative of an explosive device on his or her persons. The resolution of the image shall be such as 'to enable a trained system operator to detect anomalies indicative of an explosive device on a person.

3

Major Objectives:

\

DHS S&1 will: a) Sponsor the modification of existing commercial backscatter x-ray imaging technologies for detection of Person Borne IEDs (PB/IEDs) within our nation's transportation systems sector. b) Implement changes to current backscatter x-ray imaging technologies to create the following capabilities: o Detect explosive devices on persons in walking motion o Provide 3600 coverage of subject o Increase detection distance from current commercial capability of Jess than one (1) foot to 3 feet o Reduce interrogation time from current commercial capability of 2S seconds to ten (10) seconds o Detect explosive devices of a mass lower than S kilograms c) Fabricate prototype d) Assure compliance with ANSI N43.17 for radiation dosage safety e) Factory acceptance test t) Deliver an operational prototype for field testing and experimentation with ultimate transition to TSA for Operational Test and Evaluation
(OT&E) ..

TSAwiU: a) Provide government oversight of Developmental Test & Evaluation (DT&E) of the prototype system b) Sponsor and execute Operational Test &. Evaluation (OT&E) of the prototype system in a transportation system envirorunent

b. Techn%K)' Need
Currently available Commercial-off-the-Shelf (COTS) x-ray technology requires the person being screened to stand stationary within several inches of the x-ray while being interrogated for possible explosives devices. Additionally. currently available COTS technology can only interrogate a 180 degree view of a person. The low throughput of currentJy available COTS technology makes it inefficient for TSA screening operations. This wide technology gap is due primarily to the fact that, until recently, adequate technology solutions have been unavailable. The operational needs of the TSA, which involve screening of people moving 'into and through the transportation system sector, require systems with rapid, high throughput for efficient, effective screening with the minimum disruption achievable. This system must be able to attain the image resolution required to accurately discern an explosive device from other common objects which may be in a person's possession. The system must be able to reliably identify explosive devices on persons. while simultaneously maintaining low false-positive rates. The TSA has established the mission need for this capability via the Capstone

4

,.

..
Integrated Project Team (IPT) process, specifically in capability gap EXG-FY0701 : Standoff detection of explosives & weapons on people.
The deliverable will be a system that provides the capability to detect explosive

devices on persons in various high throughput venues (e.g. special events, transportation venues, etc.). The system will consist of a portal which utilizes backscatter x-ray interrogation from multiple angles to create 360 degree image of a person and the objects on hislher possession. The display resolution wiU be high enough so as to allow the detection of anomalies indicative of an explosive device with acceptable rates of error.

is noted that this technology has certain limitations. The nature of the system raises certain privacy issues since it has the ability to penetrate and image through clothing. In addition, the interrogating beam is a type of x-ray which is a low dose of ionizing radiation. Before transfer, this system win be certified as inherently safe for the screener and those being screened, in addition to being compliant with various privacy laws and governmental regulations.
It

The Key Performance Parameters (KPPs) of the system are as follows:
The system must:

:

v

,

I. Identify 90% of concealed PBIIED threats 2. Have a false alann rate not to exceed 10% 3. Detect devices on people within a three (3)-foot wide corridor 4. Interrogate subjects in a non-contact manner 5. Interrogate subjects while they are in walking motion 6. Meet legal privacy requirements . 7. Use no more than one trained operator (specific to system operation only) 8. Meet federal safety standards 9. Be at Technology Readiness Level (TRL) 6
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The·'final deliverable will be shipped by DHS S&T to competent authority for \ '. - ...... bT&E in Ql FY09 and wHl be at an estimated Technology Readiness Level 6. _., [ ,j" Upon delivery. the pfototype system will be transitioned to TSA, who will . ~provide oversight of DT &E and conduct OT &E upon completion of or&E. .' ... ' ..
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c. Integration Strategy

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Upon successful demonstration of Key Performance Parameters through acceptance testing at vendor site, DHS S&T wiU transition the system to the TSA Chief Technology Officer (CTO). who will provide oversight of DT &E of the . system, to be performed by competent authority selected by DHS S&1. Upon completion of DT&E, the eTO will conduct 01 &E on the prototype system in a transportation envirorunent. Dependent on the TSA CTO'sjudgment of the prototype', performance during OT&E. the TSA eTO mayor may not choose to further develop the system for deployment readiness and commercializetion, . /1 _j 1
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i

'...

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,

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5
.~ I

,

.

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I

I,

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d. TSA Program Manager
Lyle Malotky, Science Advisor
~dl!!~is_tl'~

e. DHS 8& T Project Manager
Michael Shepard, Slandoff Detection Program Manager , Department of Homeland . & Explosives unl'ISU]ln

f.

Capahility Gap Requirement Basis

Department of Homeland Security requirements, including standoff explosive device detection requirements, are created via the Transportation Security Capstone IPT and Project·IPT processes. The IPTs are lead by their respective customers and ensure functional requirements. attributes, and constraints are identified and documented. The requirements are then addressed with an Enabling Homeland Capability (EHC). In addition, the IPTs base their requirements on Homeland Security Presidential Directives, congressional laws and guidance, national planning and implementation guidance, and National Planning Scenarios.

III. Technical Details and Programmatics
a.
Technology Status

I) Status Summary This system is cl1!T'ently the prototype manufacturing stage. A TRL in (level) 6 prototype is expected to be delivered for DT&E in QI FY09.

2) Risk Analysis

6

.

,

l"j'lZl.L,

1\",11',:

,11)'1"',,,

\} ii' . III, '" "'I I:, ;1.•

Detection within a 3 foot wide corridor fails Unacceptable Pd and

Explosive device not identifiable at desired distance Explosive devices not detected! Non-explosive devices detected as explosive Detection of a explosive device cannot be coupled with the person carrying the device Technology unsafe for human screening

I. Limit acceptance criteria. 2. Supplement contract for further
development. 3. Terminate program pre-transition. 1. Limit acceptance criteria. 2. Integrate secondary detection technology into system.

Fa.

Not able to identifY person affiliated with the alarm X-ray dosage exceeds safety standards Power consumption exceeds requirements Deliverable of prototype behind schedule

1. Develop an image capture system in tandem with detection system. 2. Create infrastructure capable of mitigating threat. 1. Increase shielding at the cost of weight/size. 2. Decrease interrogation time. Technology unable to be I. Include power conversion in setup at anyvenue technology . Prototypewill not be 1. Increase funding to overcome time ready for planned l~se. transition date 2. Alter requirements to the capability at transition date.

h. Technology Development Strategy Program strategy shall include the examination of the commercially available
backscatter x-ray technology for capabilities. short-comings, relevance to operational needs, and investments needed for maturation and demonstmtion of a standoff system. Various threat scenarios shaJJ also be considered, and appropriate environments and venues must be used for technology demonstrations. Technology Development consists of: • Prototype Fabrication - currently ongoing • Acceptance testing - to be conducted at performer site - )'d Quarter FY08 • Delivery of prototype for government testing - DT &E to be conducted- 1 st Quarter FY09 Research strategy includes the additional investigation of; • Integration of information from distributed orthogonal sensors to achieve near real-time conflict resolution and decision-making with high effectiveness. Unique physical and chemical phenomena that may indicate the presence of suicide bombers at greater distances. New chemical explosives, including liquids.

• •

7

..
• lED defeat technologies that emerge from the knowledge gained by the development of active sensing technologies.

c. Exit Criteria
The final product will consist of a standalone imaging system which meets the KPPs. as evaluated in fonnal DT&E. The following will also be provided: personnel training, training materials. and support material s required for operation and maintenance of the system and approved by the DHS S&;T Test & Evaluation Division. TSA will provide oversight of DT &E. Selective KPPs may be waived by TSA. Existing project plans will also include key decision points. These could serve as additional exit criteria since they will determine whether a project deliverable is ready to proceed to the next phase or transition.

d. Program Plan Major activities planned for the technologyfproduct development.
Totat Funding (SK)
o.Uw,.bl • .m.mCMI •••

S

M1

1,840 S ,..

I

I'YOI f
1,725

I.
..

__

T",,,,UOM •..

e. Funding
No funds will be transferred between the parties, Each party will fund its own
participation in this agreement DRS S6T FUDdipc:

8

,,'

-,'

,

..
IV. Signatures
111. t-........' ~;,-<{'.~/
~cct Manager
[print and sign]
T _ _ _ _

·1 /. --< •.

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ke

par.

Date"

9

Department of Homeland Security Homeland Security Advanced Research Projects Agency (HSARP A) Date: September 29,2005
RESEARCH AND DEVELOPMENT AWARD ANNOUNCEMENT

On April 14, 2005. the Homeland Security Advanced Research Projects Agency (HSARPA) provided $504,546 funding to Rapiscan Systems High Energy Inspection

Corporation of Sunnyvale. CA. 94089~ 1328 as a result of their responsive proposal to HSARPA's Broad Agency Announcement BAAOS"()3 "Prototypes and Technology for Improvised Explosive Device Detection (PTIEDD)" of December 21, 2004. This funding increment is the initial feasibility phase of a multi-phase effort. This BAA solicitation seeks to protect the homeland through detection of high explosives in various applications, including, but not limited to, detection of leave-behind packages, vehicles, and suicide bombers. The systems developed by this research will require innovative or novel capabilities in multiple disciplines including material science. computer science, chemistry, physics, electrical, mechanical and systems engineering. One focus of this BAA solicitation seeks novel and innovative explosives detection systems to advance the sensitivity. selectivity. standoff distance, and remote detection capability of current explosive detection systems. Key characteristics are wide area surveillance and detection, detection through various materials, maximization of the throughput and/or shortened interrogation time, and transportable, mobile, or portable device for stationary or mobile targets.
This contract funds Rapiscan Systems High Energy Inspection Corporation for the initial phase of a multi-phase effort to develop a system for detection of explosives carried by suicide bombers through backscatter x-ray imaging technology. This system will be used

as a walk-through x-ray screening system that could be deployed at entrances to special events or other points of interest. The developed system will provide increased standoff distance, reduced interrogation time. and address how best to mitigate x-ray privacy
issues.

HSARP A expects to award additional, similar efforts resulting from this solicitation in the near future.

cc:

Sen. Barbara Boxer

Sen. Dianne Feinstein Rep. Anna G. Eshoo

~ ... ----

...

-.----------------U.S. Department of Homeland Security
CONTRACT AWARD NOTIFICATION

Competition

~-'

_.---------

Sensitive

- Not to be divulged outside of OHS unless authorized by the Contracting Officer

AGENCY INFORMATION

· 1. Organlzattonal Element: SCience & Technology ; 2. Contracting · Timothy Davis Officer:

Directorate - Homeland Security Advanced Research Projects Agency

3.

Project Officer:

Trent DePersia ~

j

I

Telephone Number: .,._.- _. - -,----~

rei

hone Number:

~ 4. Contractor:

CONTRACTOR INFORMATIO
5. Contractor Address: Include City, State and Zip Coae
352 East Java Drive
Sunnyvale, CA 94089·1328

Raplscan Systems High Energy Corporation , 6. Contract No. · HSHODC-05-C-00032

!

7. Contract Value, initial award

8. Contract Value, includmg Options

I S504,546
Ch9Ck One

. $1,657,193 ------' Sealed Bid ~ Competitive, Negotiated

1-9."- Methoe:i""of Acquisition:

o

Sole Source

o Competitive,
I

10. Major Subcontractor Subcontractor

Name(s): Include Street Address, City. State. and Zip Cooe Subcontractor Subcontractor

I

11. Place{s) of performance Contractor

(contractor and major subcontractor(s): : Subcontractor

Inc'ude Street Address,

CiJy. State and Zip Code

Subcontractor

[Include enough information to describe the effort to be performed and its purpose. Attach a ; ; copy of the detailed statement of work. It is imperative ~hat a comp{ete description be provided one that is sufficient for preparing a Press Release ano!or providing a meaningful description when notifying interested parties.) ~·1"2. Summary of work 10 be performed: The Contractor WIll cesiqn, develop, and demonstrate a novel transportable concealed In packages. vehicles or oeneath dothing. system for remote detection of explosives

Dete

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~~ of .... loUI4 NCUitr Office of hoeuNr_ Opc:.U" at5 Mlrray JiIrl.... • ".,. 'loO

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IISHQDC~s-c.eoo31

8.0

SUPPLlE§/S§RVICES ANDPRICES/COSTS B.1 CONTRACI' TYPE AND SCHEDULE OF ITEMS

The purpose of this cost-type contract is .to provide prototype research and
development (R&D) for the Department of Homeland Security for the Prototypes and Technology for Improvised Explosives Device Detection program (PTIEDD)

program which seeks to develop, rapid prototype. and improve products and systems capable of detecting explosive compounds in vehicles.
B.2
CONTRACf LINE ITEMS

1. The Contractor shall provide said R&D Contract Line Items (CLINs) identified below on a Cost Plus Fixed Fee (CPFF) basis. The fixed fee for all CLINs is 6.0%. The Contractor shall consider the Estimated Costs to be Not- To-Exceed (NTE) ceilings that can be changed only through a contract modification. CLIN
Qty

Unil

Lot

2. The intent of the Government is that this contract be considered a "completion" cost effort. That is, the contractor is obliged to perform through to phase completion. Minor increases in costs will most likely be covered. Significant changes due to the Contractor's underestimating the level of effort or any changes to the Contractor's technical approach will require Government evaluation of the Contractor's progress. The Contracting Officer may request a revised proposal at any time should the situation warrant. The Contractor is obligated to notify the Contracting Officer upon exhaustion of 7S% of funding. All decisions regarding additional funding will be subject to the availability of funds.

B.3 OPTIONS 1. This PTIEDD project is being conducted in three phases: Phase I (eLIN 0001), develops the idea sufficient to conduct a Preliminary Design Review; Phase n (CLIN 0002. Option 1) develops the idea further and completes a Critical Design Review;
Phase m (eLIN 0003. Option 2) is the final component and integrated system testing

of the technology. Ninety days before the conclusion of the current phase, contractors making sufficient progress towards the next phase as detennined by the contracting officer and program manager, will be directed to submit detailed updated

DUAItTMENT 0' HOMELAND SIC'URITY

HSHQDC-6C.-032

technical, management, and cost proposals for the next phase within 14 calendar days. At that time, the Government evaluation team will determine, within 14 calendar days. if it is in the government's best interest to exercise the subsequent option. Prior to 60 days before the end of the current phase. the government will communicate its intention to the contractor. At that time a modification will be prepared incorporating the revised technkal & managerial approaches and exercising the option. Said modifICation will be signed by both parties prior to the start of the option period. C.O PHASE I STATEMENT OF WORK

c.i

SCOPE

Rapiscan Systems High Energy Inspection Corporation located in Sunnyvale. CA, hereinafter referred to as Contractor shall perfonn the following: All systems engineering efforts required to research, develop, design. fabricate and test a backscatter imaging system for the non-intrusive detection of suicide bombers. The system that will be developed as part of this effort will be based on the technology incorporated within the Rapiscan Systems Secure 1000 personnel Screening System, developed in collaboration with the Technical Support Working Group (TSWG). Phase I consists of the development of a Phase program plan, development of a system performance specification, evaluation of the system safety. a preliminary hardware/software design, a Preliminary Design Review (PDR). and project management. The majority of the Phase I work will be conducted at the Contractor's facility and at corporate headquarters for Rapiscan Systems. Phase II consists of the following tasks: development of a final Phase III program plan. Creation of detailed drawings and other documentation required for fabrication, assembly. installation and testing of the prototype backscatter imaging system, a Comprehensive Design Review, and project management. Phase III consists of the following tasks: fabrication, assembly. installation of the prototype backscatter imaging system at the Contractor's site for testing and evaluation; and project management. These activities will be conducted at Contractor's facility and at the corporate headquarters for Rapiscan Systems. Phase III also includes installation and customer acceptance test and evaluation at a government furnished test site as part of the delivery of the system to HSARP A. For the purposes of this draft SOW, the government test site is assumed to be located in New Jersey. After the selection of the government test site has been finalized, the Contractor shall update the program plan for relocating the system to the test site.
The period ofperfonnance for Phase I is nine months. The approximate period of performance

for Phase II is five months and the approximate period of'performance for Phase 1U is twelve months.

DI'AaTMENT

OF HOMiLAND SICVRJTY

HSHQDC~-c.aoon

Phase I Project milestones include the following: • • • • System Performance Specification Radiation Safety Evaluation PDF Updated Project Plan

Project Milestones for Phases II and III include the following: • • • • • •

CDR Phase II Plan Phase II Detailed Design Phase II Prototype Fabrication Phase II Prototype Installation Factory Acceptance Test
Customer Acceptance Test

C.2 PHASE I ACTMTlES Contractor shall conduct the systems engineering and research to develop a prototype backscatter imaging system. Design goals are as follows: • • • Covert inspection of moving subjects. Detection of explosives on suicide bombers through clothing, backpacks, and other
packages.

Radiation safe and meets the requirements of ANSI Standard 43.17 "Radiation Safety for personnel Screening Systems Using X~Ray."

Contractor shall evaluate the performance of the backscatter imaging system on the basis of: components as a person walks through the imaging system. 2. The safety of the system to screen the general public. 3. The evaluation of different deployment scenarios that optimize the protection specifically for large gatherings. points of interest. transportation systems, and special events.
Contractor shall conduct the systems engineering. research, development and laboratory analysis

1. The ability to detect concealed explosives and "leave-behind" bombs. weapons, and ceramic

to identify and validate the backscatter imaging system design that best meets the design goals.
This includes:

PapS

HSHQOC.f5.C.ooo31

System Perfonnance Specification. Contractor shall develop the operational performance specification from experimental data generated with a realistic testbed and simulated threats. Radiation Safety Evaluation. Contractor shall conduct the systems engineering, research and development to identify and validate the radiation safety system design. The objective is to demonstrate that the backscatter system is safe and that an inspection will not exceed the limits specified by ANSI N43.17 for a general use system. Preliminary System Design. Contractor shall conduct the systems engineering. research and development to identify, design, and validate the overall system and major subsystems. This includes, the imaging system, the safety systems, and the electrical and mechanical SUbsystems and controls. Col TEST AND EVALUATION
Preliminary Design Review. Contractor shall support conduct a PDR. Contractor shall submit

all presentation materials at the PDR. These materials will include a preliminary system concept. performance estimate, and experimental plans.
C.4 PROGRAM MANAGEMENT

Contractor shall maintain and implement a Management Program, which clearly defines how the development effort will be managed and controlled. Contractor shall organize. coordinate, and control all internal project activities (including those which are assigned to subcontractors) to ensure the correct and timely delivery of aU supplies and services specified in this contract. Contractor shalt maintain a program management office function to manage all technical performance, costs, schedule, and delivery requirements of this Program. The Contractor shall report progress at a program reviews and with presentation materials. C.S DELIVERABLES The following are the deliverables associated with this Program: The Phase I deliverables include: • •

Monthly Quarterly Progress Status Reports Phase I Technical Report and Phase n Program Plan
Preliminary Design and Feasibility Review

and

The Phase II deliverables include:

• •

Monthly and Quarterly Progress Status Reports Phase II Technical Report and Phase III Program Plan Comprehensive Design Review

Pqe6

DI.ARTMENT

OF HOMELANU SECUJIl'nI

HSHQDC-05-C~12

The Phase III deliverables include: • • • • Monthly and Quarterly Progress Status Reports Phase III Final Report Operational Testing Results , Prototype inspection System along with operator and Maintenance Manuals. C.6 GOVERNMENT FURNISHED EQUIPMENTIINFORMA TIONIMATERIALS

1. Government Furnished Information: The government will evaluate any written request for information or documentation on a casebywC8SC basis and at its discretion either accept or reject the request. 2. Government Furnished Material: None. D.O
PACKAGING AND MARKI~G AND MARKING

D.l

PACKAGING

Phase I deliverables shall be electronically submitted Packaging and Marking instructions for PhaseIl and addressed at the time of option exercise. ' E.O
INSPECTION AND ACCEPTANCE

E.l

CLAUSFS INCORPORATED

By

REFERENCE

The following FAR clauses are available in incorporated by reference into this contract:

fun text at http://farsite.hill.af.mil

and

I 52.246-9
E.2
INSPECTION

In!pection of Research and Development (Short Form) By THE GoVERNMENT

APr 1984

AND ACCEPTANCE

The Contracting Officer·s Technical Representative (COTR) identified in Section G of this Contract is responsible for inspection and acceptance of all services, incoming shipments, documents, and services perfonned specifically for the Contract

Paae7

DI.AIlTMI:NT

or HOMELAND 8EcJJJuTY

HSHQOC-Q5.C·OOUZ

E.3 ACCEFfANCE CRITERIA
Certification by the Govemmcnt of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the contract

and all modifications. F.G
DELIVERIES

OR·PERfOBMANCE

F.1

CLAUSES INCORPORATED

By REFERENCE
and

The following FAR clauses are available in full text at http://farsite,hill.af.mil incorporated by reference into this contract:
52.242-15 Alt I 52.247-34 Stop-Work Order (Alternate 1) P,O.B, Destination

Aug 1989
Apr 1984 (Alt I) Nov 1991

F.2

PERIOD OF PERFORMANCE

The period ofperfonnance of Phase I of this Contract is from date of Contract award through 9 months. The period of performance for all optional phases, if exercised, is from date of Contract award through 25 months thereafter .

F.3

PLACE OF PERFORMANCE

The services shall be performed at the contractor's facility. _F.4 DELIVERY ADDRFSS All deliverables shall be submitted electronically to the Government Program Manager identified in Section G of this Contract.

F.S

METHOD OF DELIVERY

Electronic copies shall be delivered in Microsoft Office fonnatted files, unless otherwise specified by the COTR. Electronic submission shall be made via e-mail,

unless otherwise directed by the COTR.

PapS

HSBQDC~n

F.6

DELIVERABLE

!DELIVERY SCHEDULE

Item Kick-OffMeetina Monthly Reports Quarterly Reviews and Reports Preliminarv DesiRlt Review (PDR) Final R..~,w and Review

Due Date (Time After Contract Award)
Within 3 Weeks

Monthly Reports: 1 Week Prior to Quarterly Review Reviews: ~ 'ly Prior to Task Completion Upon Task Completion

G.O

~ONTRACI'

ADMJNISTllATJON

DATA

G.t

CONTRACTING OFFICER

(CO)

The Contracting

Officer for this Contract is identified below:

G.2

CONTRACTING OmCER·S

TECHNICAL REPRESENTATIVE (COTR)

The COTR fot this Contract is identified below:

G.3

CONTRACI'ING

OFFICER'S AumoRITY

The Contracting Officer (CO) assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting. ensuring compliance with the tenns of the contract and safeguarding the interests of the United States in its contractual relationships. The CO is the only individual who has the

DEPARTMENT OF HOMU.AND SECURITY

HSHQDC~ll

authority to enter into. administer. or tenninate this contract and is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the CO.

appearance of any technical direction that is or may be outside the scope of the contract. The Government will not reimburse the Contractor for any work not
authorized by the CO, including work outside the scope of'fhe contract.

It is the Contractor's responsibility to contact the CO immediately iftbere is even the

G.4

CONTRACTING OFFICER'S TECHNICAL REpRESENTATIVE (DEC 2003)

(BSAR 3052.242 ..72)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perfonn functions under the contract such as review or inspection and acceptance of supplies. services, including construction. and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR. under the contract. (b) The Contracting Officer cannot authorize the COTR. or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) GoS INTERPRETATION OR MODIFICATION No oral statement by any person, and no written statement by anyone other than the Contracting Officer (CO). or hislher authorized representative acting within the scope ofhislher authority. shall be interpreted as modifying or otherwise affecting the terms of this contract. AU requests for interpretation or modification shall be made in writing to the CO. G.6 ACCOUNTING AND ApPROPRIATION DATA The accounting and appropriation data corresponding to this contract is found in Block 14 on the award cover page (SF-26).
G.7 INVOICING INSTRUCfIONS

In order to initiate payment, the Contractor shall submit proper invoices for payment in the manner and fonnat described herein: (a) The Contractor shall submit an original invoice or send via facsimile or email to the following address:

DEPAIlTMEI'IT OF HOlICllAND SecuRITY

HSHQDC-45-C-OOG32

Department of Homeland Security Science & Teclmology Directorate Attn: PPB I Deborah DeVault
Washington, DC 20528

email address:
(b) Each invoice shall include the following: (I) Contract Number

(2) (3)
(4) (5)

Contractor Name Date ofInvoice Invoicelvoucher Number
Material

(6)
(7) (8) (9) (10) (11)

Labor Benefits Overhead
Other Direct Cost (OOCs)

Travel Total Costs

Backup documents shall be available for audit/review to nCAA, upon request.

G.8

TRAVEL

(a) Approval of Foreign Travel: The cost of foreign travel is allowable only when the specific written approval of the Contracting Officer or Contract Specialist responsible for administration of the contract is obtained prior to commencing the trip. Approval must be requested at least 30 days before the scheduled departure date in order that all necessary clearances may be processed. Each individual trip must be approved separately even though it may have been include in a previously approved budget Foreign travel is defined as any travel outside of Canada and the United States and its territories and possessions.
(b) Domestic/local travel shall take place in accordance with the Federal Travel Regulations (FTR) and will be considered reasonable and allowable to the extent permitted by FAR 31.205-46. Documentation wilt be available upon request to

DCAA.

G.9

GoVERNMENT FuRNISHED EQUIPMENTIINFORMATlONIMATERlALS

There

win be no GFElGFIIGFM

provided as part of this contract.

R.O SP§£IALCONIBACf REOUlRPfEm

Pap II

ru:.AIlTMENT OJ"HOMElAND SOCURITY

HSHQDC-&C.oooU

H.l CONFIDENTIALITY OF INFORMATION (a) To the extent that the work under this contract requires that the Contractor be given access to or be furnished with confidential or proprietary business, technical, or financial infonnation or data belonging to other entities which is clearly marked as confidential or proprietary, the Contractor shall, after receipt thereof, treat such infonnation in confidence and agrees not to appropriate such information to its own use or to disclose such infonnation to third parties unless specifically authorized in writing by the Contracting Officer. The foregoing obligations, however, shall not apply to: (1) Information or data which is in the public domain at the time of receipt by the Contractor; (2) Information or data which is published or otherwise subsequently becomes part of the public domain through no fault of the Contractor; (3) Information or data which the Contractor can demonstrate was already in its possession at the time of receipt thereof, or (4) Information or data which the Contractor can demonstrate was received by it from a third party who did not require the Contractor to treat it in confidence.
.A.

(b) The Contractor agrees (1) to enter into an agreement. identical in all material

respects to the requirements of paragraph (a) above, with each entity requesting such agreement and that is supplying such confidential or proprietary· information or data to the Contractor under this contract and (2) to supply a copy of such agreement to the Contracting Officer. upon written request.

(c) This clause shall be included in any subcontract under which there is a requirement or there becomes a requirement that the subcontractor be given access to or be furnished with confidential or proprietary business. technical, or financial information or data. H.l
ACCESS REsTRICfION

The Contractor shall restrict access to those individuals with a valid need-to-know who are actually providing services under this contract. Further dissemination to other contractors, subcontractors, or other government agencies and private individuals or organizations is prohibited unless authorized in writing by the Contracting Officer's Technical Representative (COTR).

LO

CONTRACT CLAUSES

P.pl2

HSHQDC.e5-C.QOO31

1.1

CLAUSES

INCORPORATED

BY REFERENCE

(FAR 52.252-2)

(FEB

1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): ' http://famitc.hiU.af.mil (FAR Clauses 52.###) http://www.dhs.gov/dhspublic/interweb/assetlibraryIDHS HSAR With Notice 042.LnM (HSAR Clauses 30##.###)
(End of Clause) 1.1
CLAUSES INCORPORATED BY REFERENCE

The following FAR and HSAR clauses are incorporated by reference into this contract: 52.202-1 52.203-3 52.203-5 52.203-7 52.203-8 52_203-10 52.203-12 S2.204-4 52.204--7 52.209-6 52.215-2 52.215-8 52.215-10 52.215-12 52.215-14 52.215-IS Alt
1

Definitions
Gratuities

Covenant Against Contitlgent Fees Anti-Kickback Procedures Cancellation. Recession and Recovery of Funds for lllegalor'" «Activity Price or Fee Adjustment for Illegal or Improper Activity Limitation on Payments to Influence Certain Federal Transactions Printed or Copied Double Sided on Recycled Paper Central Contractor Registration Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended~ or Proposed for Debannent Audit and Records - Negotiation Order ofPrecedcnce - Unifonn Contract Fonnat Price Reduction for Defective Cost or Pricing Data Subcontractor Cost or Pricing Data Intezritv of Unit Prices Pension Adjustments and Asset Reversions Reversion or Adjustment of Plans for Postretirement Requirements for Cost or Pricing Data or Infonnation Other Than Cost or Pricing Data - Modifications Allowable Cost and Payment
Benefits (PRB) 01her Than P.. sions
I

Ju12004 Apr 1984 Apr 1984 __ luI 1995 Jan 1997 Jan 1997 Jun2003 Aug 2000 Oct 2003 Jan 2005

--

Jun 1999 .._Oct 1997 ----.,-----Oct 1997 -Oct 1997 Oct 1997 Oct 2004
"-

_'~_._'_R_'_____

--_-_

..

52.215-18 52.215-21
52.216-7

Oct 1997
~ Oct 1997

'

Dec 2002

DE'AItTMENT

or HOMELAMJ SICVRlTY

HSHQDC.Q5.C00031

52.222-1 52.222-2 52.222-3 52.221-21 52.222-26 52.222-35 52.222 ..36 52.222-37 52.223-3 AltI

Notice to the Government of Labor Disputes Payment for Overtime Premiums Convict Labor Prohibition of Segregated Facilities of the Vietnam Era and Other Eligible Veterans Affirmative Action for Workers with Disabilities Employment Reports on Special Disables Veterans, Veterans of the Vietnam Era and Other Eligible Veterans Hazardous Material Identification and Material Safety Data -Alternate I Drug Free Workplace Notice of Radioactivc Materials Toxic Chemical Release R.... fting ~ Restrictions on Certain Foreign Purchases Sanctioncd European Union Country Services Utilization of Indian Organizations and IndianOwned Economic Enterprises Authorization and Consent - Alternate I Notice and Assistance Regarding Patent and Copyright Infringement Patent Rights Retention by Contractor, Long Fonn Rights in Data - General Rights in Data - General (Alternate IV) Additional nata Rights
Insurance - Liability to Third Persons Equal Oppommity Equal Opportunity for Disabled Veterans, Veterans

Feb 1997 I 1ul1990 1un2003 Feb 1999 A_1)!_2002 Dec 2001 Jun 1998
Dec 2001
:-:---

i 52.223-6
52.223-7 52.223-14
52.225-13

52.225·16 52.226-1 52.227-1 Alt I 52.227-2 52.227·12 52.227-14 52.227-141 Alt. IV 52.227-16 52.228~7 52.230-2 52.230.-6 52.232-9
52.232-17
i

Jan 1997, Ju11995 (Alt I) May 2001 Jan 1997 A~2003 Mar 2005 Feb 2000 Jon 2000 Jul 1995, Apr 1984 .(Alt !} Aug 1996

_._

--_._-Jun 1987
Mar 1996 A~ 1998

Jan 1997 Jun_-----... 1987 Jun 1987

Cost Accounting Standards Administration orCost Accounting Standards Limitation on Withholding of Payments
Interest

--

52.232-22 52.232-23 52.232-25 52.232·33 52.233-1 52.233-3 Alt I

i
I

Limitation of Funds Assignment of Claims Prompt Payment Payment by Electronic Funds Transfer - Central Contractor Registration DiSJ)utes
Protest After Award -Alternate I

Nov 1999 Apr 1984 Jun 1996 A_m- 984 1 Jan 1986 Oct 2003 Oct 2003 JuI2002 Aug 1996. JUD1985
(AltO

i

I

P.14

DUAIlTMENT

Of HOMELAND SI:CtJ1I.lTV

HSHQDC~.c.QOO31

I

52.233-4 52.242-1 52.242·3 52.2424
S2.242~13

' Applicable Law for Breach of Contract Claim Notice of Intent to Disallow Costs Penalties for Unallowable Costs Certification of Final Indirect Costs.
Bankruptcy

Oct 2004

52.243-2
AltY

Changes - Cost Reimbursement - Alternate V Subcontracts - Alternate II

52.244-2
Altn

Jan 1997 JuI1995 -- _.--_._ f-- ... ..... _ , Aug 1987, Apr 1984 (Alt Y) Aug 1998, Aug 1998
(Alt II)

May 2001 ._

Apr 1984

I

52.244-5 52.244-6 52.245-5 52.247-1 52.247-63 52.249-6 52.249-14 52.251-1 52.253·1 3052.219·70
1.3 NOTIFICATION

Competition in Subcontracting Subcontracts for Conunercialltems Government Property (Cost-Reimbursement, Timeand-Materials, or Labor Hour Contracts) Commercial Bill of Lading Notations Preference for U.S. Flag Air Carriers
Termination

Dec 1996 -.... ~-Dec 2004 May 2004 Apr 1984 Jun2003 Sep 1996 Apr 1984 A1'I'1984 Jan 1991 Dec 2003

(Cost Reimbursement)

Excusable DelayS Government Supply Sources Computer Generated Forms Small Business Subcontracting Program Reporting
OF OWNERSHIP CHANGES

(FAR 52.215-19) (OCT 1997)

(a) The Contractor shall make the following notifications in writing: (1) When the Contractor becomes aware that a change in its ownership has occurred. or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records. the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days. (2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b)

The Contractor shall •• (1) Maintain current, accurate, and complete inventory records of assets and their costs; (2) Provide the ACO or designated representative ready access to the records upon request; . (3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; (4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
and

PIp IS

(c) The Contractor shall include the substance of this clause in aU subcontracts under this contract that meet the applicability requirement of FAR 15.408(k). (End of Clause) 1.4
NOTIFICATION OF EMPLOYEES RIGHTS CONCERNING PAYMENT OF UNION DUES AND FEES (FAR 52.222-39) (DEC 2004)

(a) Definition. As used in this clause-> "United States" means the 50 StateSt the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) Except as provided in paragraph (e) of this clause. during the term of this contract, the Contractor shall post a notice, in the form of a poster, infonning employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices. including all places where notices to employees are customarily posted. The notice shall include the following infonnation (except that the infonnation pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151.188». Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However. employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you do not want to pay that portion of dues or fees used to support activities

not related to collective bargaining. contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining. contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments. For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one orits Regional offices or at the following address or toll free number:

Pap 16

DDAlt1'Ml:NT 011HOMElAJ'IID SEculII'n'

HSHQOC..QS.C-OOOJ2

National Labor Relations Board

Division of Infonnation 1099 14th Street. N.W. Washington, DC 20570
1-866-667-6572

1-866-316-6572 (TrY)
To locate the nearest NLRB office, see NLRB's website at
http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17,2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor. (d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470. Subpart B-CompHance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law. (e) The requirement to post the employee notice in paragraph (b) does not apply to(I) Contractors and subcontractors that employ fewer than 15 persons; (2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees; (3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements; (4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that(i) The facility is in all respects separate and distinct from activities of the Contractor related to the perfonnance of a contract; and (ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or (5) Work outside the United States that does not involve the recruitment or employment of workers within the United States. (t) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall(I) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-S60$,

Pap.'

DEPAtlnaNT OFHOMELAND SEcIiJuTy

HSHQDC*-C-oHll

Washington. DC 20210. or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.o)ms.dol.gov; or (3) Reproduce and use exact duplicate copies of the Department of Labor's official poster. (g) The Contractor shall include the substance ofthis clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract. unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of29 CFR470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold, Pursuant to 29 CFR Part 470, Subpart B-Compliance Evaluations. Complaint Investigations and Enforcement Procedures. the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor. or is threatened with such involvement, as a result of such direction. the Contractor may request the United States. through the Secretary of Labor, to enter .. into such litigation to protect the interests of the United States. (End of clause) 1.5
RIGHTS TO PROPOSAL DATA (TECHNICAL)

(FAR 52.%17-23) (JUN 1987)

Except for data contained in Net. it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon. the Government shall have unlimited rights (as defined in the "Rights in Data--GeneraI" clause contained in this contract) in and to the technical data contained in the proposal dated February 8 2005, upon which this contract is based.
(End of clause)

1.6

NOTIFICATION OF CHANGES

(FAR 52.l43-7) (APR 1984)

(b) Deflnitions."Contracting Officer," as used in this clause. does not include any representative of the Contracting Officer. "Specifically Authorized Representative (SAR),'· as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this paragraph and shaH be issued to the designated representative before the SAR exercises such authority.
(i) Notice. The primary purpose of this clause is to obtain prompt reporting of

Government conduct that the Contractor considers to constitute a change to this
contract Except for changes identified as such in writing and signed by the

P.18

HSHQDC-05-C.eGII31

Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within five (S) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate infonnation available to the Contractor, the notice shall sta~ (1) The date, nature, and circumstances of the conduct regarded as a change; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; (3) The identification of any docwnents and the substance of any oral communication involved in such conduct; (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; (5) The particular elements of contract perfonnance for which the Contractor may seek an equitable adjustment under this clause, including(i) What contract line items have been or may be affected by the alleged change; (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; (iii)To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change; (iv)Wbat adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and (6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost. delay or disruption of performance. (j) Cominued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue perfonnance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided. however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause. notice shall be given in the manner provided. All directions, conununications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the
SAR.

(k) Government response. The Contracting Officer shall promptly, within 15 calendar days after receipt of notice, respond to the notice in writing. In responding. the

Contracting Officer shall either(I) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

Pap 19

HSHQDC..Q5.C.IOGJl


1.7

(2) Countermand any communication regarded as a change; (3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or (4) In the event the Contractor's notice infonnation is inadequate to make a decision under paragraphs (dXl), (2), or (3) of this clause, advise the Contractor what additional infonnation is required. and establish the date by Which it should be furnished and the date thereafter by which the Government will respond. (1) Equitable adjustments. (I) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost o( or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct. an equitable adjustment shall be made(i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings. designs or specifications which ue defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue perfonnance as provided, respectively, in paragraphs (b) and (c) oftbis clause.
(End of clause) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES 70) (DEC 2003)

j,)

(HSAR 3052.209-

(a) Prohibitions. Section 835 of Public Law I07~296. prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security. or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur.
(b) Definitions. As used in this clause:

"Expanded Affiliated Group" means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of t 986 (without regard to section IS04{b)
Pap 20

HSHQOC-os.c-40031

of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears. "Foreign Incorporated Entity" means any entity which is, or but for subsection (b) of Section 835 of the Homeland Security Act, Public Law 107·296, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of "Inverted Domestic Corporation." A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)(I) The entity completes after November 25, 2002, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding
(if)

1986.

stock in the domestic corporation; or In the case of an acquisition with respect to a domestic partnership. by former partners of the domestic partnership by reason of holding a

capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities ofsuch expanded affiliated group. "Person", "domestic", and "foreign" have the meanings given such terms by paragraphs (1). (4). and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in detennining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(J) of Section 835 of the Homeland Security Act, Public Law 107·296. (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is after the date of enactment of this Act and which is 2 years before the ownership requirements of subsection (b )(2) are met, such actions shall be treated as pursuant to a plan.

Pap 21

..
DEPARTMENT 01' HOMELAND SECtrRl1\'

HSHQOC..as.c'-31

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distn'bution) shall be disregarded ifsuch transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying Section 835(b} of Public Law 107·296 to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership, (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: options; contracts to acquire stock; convertible debt instruments; and others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section
835. (f) Disclosure. By signing and submitting its offer, an Offeror under this solicitation represents (i) (ii) (iii) (iv) (v) warrants;

that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. (End of provision) 1.8
INSURANCE

.. .

Security Act. Public Law 107~296 of November 25.2002.

(HSAR 3052.228-70) (DEC 2003)

In accordance with the clause entitled "Insurance - Work on a Government Installation" [or Insurance - Liability to Third Persons] in Section I. insurance of the following kinds and minimum amounts shall be provided and maintained during the period of perfonnance of this contract: (a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(a}. (b) General liability . The contractor shall, as a minimum. meet the requirements specified at (FAR) 48 CFR 28.307-2(b). (e) Automobile liability. The contractor shall. as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307.2(c).
(End of

clause)

,
HSHQDC~Jl

J.O

ArrACHMENTS

RESERVED

1>.23

AWAROICONTRACT
IFfrX. "' .. ttMrII.I!<tO·

11. THIS CON'I1W:T II

A ""'TIll ORDEA UHDiR DPAS n& CRF

2. Ca.TRIICT

*'

KSHQPC-D'-C-QQ032

5 ISSUED BY

CODE!

DRS

e.

EFFECTIVE DATE 09/30/2005 AIMNIS1BU 8Y (lf0lrlt

1~

• \MTlHG

8l1li_ 5J

1~'~

I~OFP~

RSAR-DS-0015a

REQUE8T~TNO.

~

DHS

Department of Homeland Security Office of Procurement Operation. 245 Murray Drive Bldg. 410 Washington DC 20528
T.IWoIEANDADORESSOF CONTRACTOR/MI.• $INtI.

Department of Homeland security Office ot Procurement Opera~ions 245 Murray Drive Bldg. 410 Na.hington DC 20528
__ flffI ZII' Coal I. DEI..NER't ~ FOIl 0fVQIN

c.y. CoINy.

Ii'
Net 30

OTHER

IS-_J

RAPISCAN SYSTEMS HIGH ENERGY INSPECTION CORPORATION 352 EAS1 JAVA DRIVE
SUNNYVALE C~ 940891328

t. I:lISCOUNT FOR PII:OMPT PAYMENT

'0 SIJIIUIT IMIOICE$ {4_~~~ TO n-E ADOMSS SHCl'MI IN:
!:ODE 062911&430000 II. SHIP TOIMARlCFOR

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IFACILItY

CODE

~
CODE

07

COIlEj

DHS

12, PAvt.ef1'

WILL lIE MADE

Itt

DHS-SCIENCE&TECH

Department of Homeland security 24.5 Murray Lane
81dg. 410

DRS- Science and Technology Dir.
Attn: Deborah

Deborah DeValut Science & Technology Directorate Washington DC 20528
1~

Bldg. 410

245 Murray Lane

Washington DC 20528
14. AOCO\iMTINO AND ~T1ON

DeVault

AUTHOM'Y

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FOR USING O'TltER nlAN FULL AHD OPEN (XIUPE1'ITION:
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See Schedule
UNIT

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tlG. TOTAL NotOlJII(I' OF ~ tt. TMUlI rXI X
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REFERENCE NO. OF DOCUMEHT BilliG COM'MIED

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RAPISCAR SYS'1'£MS HIm; ENERCY INSPECTION rreutlO,
(A)

CORl'ORATION
CltWfTITY UNIT

UNIT PRICE

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Ta~ 10 Number: 942367397 DUNS Number: 082911843+0000

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Accounting Info: NONEOOO 000 RX 06 10 DC OOS 06 01 0000 00 00 00
00 GE DL 2550 000000

FOB: Deatination

Period of performsnce: 09/30/2005 to 06/30/20D6 0001 Funding i. provided for Phase I in accordance with the Statement of Work. Obligated AmoUnt: $504,546.00
One or _re a.... ard(e) may be provided for developmental products improvement for syatema capable of detecting explosive compounds in vehicles. TTA-l: 504.546.00

or more award!,) may be provided eo research and develop future or novel technologies to detect improvised explosive. in vehicle., leaving behind package.. or carried by 8uicide bombers.
T'l"A-2: One

TOtal amount of award: $504,546.00. The obli9ation for this award i•• hewn in box

150,

Of"!'00N.\. ~,.,. ~b1GSA _(41 Cfltl.'

...... ; Iq

B.O

SU'PLIESlSIBVICES
B.l

AND PluCISICOSIS

CONTRACT TYpE AND SCHEDULE OF ITIMS

The purpose oftbis cost-type c.ontract is to provide prototype reaeareh and development (R&D) for the Dapartment of Homeland Security for the Prototypes and Technology for Improvised Explosives Device Detection program (PTIBDD) program which seeks to develop, rapid prototype, and improve products and systems capable of detecting explosive compounds in vehicles. D.l CONTRACT LINE ITEMS 1. The Contractor shall provide said R&D Contract Line Items (CLINs) identified below em a Cost Plus Fixed Fee (CPFF) basis. The fixed fee ror all CLINs is 6.0041. The Contractor sball consider the EstDn"ed Com to be Not- To-Exceed (NTE)

ceilings that can be changed only through a contract modification.

CLIN

1

2. The intent of the Government is that this contract be considered a "completion" cost effon. That is, 1he contractor is obliged to perform througb to phue completion. Minor increases in costs will moat likely be covered. Significant changes due to the Contractor's undcrearimating the level of effort or any changes to the Contractor's technical approach will require Government evaluation of the Contractor'. progress. The Contracting Officer may request a revised proposal at any time should the situation warrant. The Contractor i8 obligated to notify the Contracting Officer upon exhaustion of 15% of funding. All decisions regarding additional funding will be subject to the availabilityofftmds.
B.3 OPflONS 1. This PTIBDD project is being conducted in three phases: Phaso I (CLIN 0001). develops tbe idea sufficient to conduct a Preliminary Dailll Review; Phase n (CLIN 0002, Option 1) develops the idea fUrther and completes a Critical Desip Review; Phase m (CLJN 0003. Option 2) is the final component and integrated system testing of the technology. N'mety days before the conclusion of the current phase,

contractoR making sufficient progress towanis the next phase IS determined by the contracting officer aDd program manager. will be directed to submit detailed updated

days. At that time, the Government evaluation team will determine. within 14 calendar days. if it is in the governments best iDtcrat to exercise the subsequent option. Prwr to 60 days before tile end O/IM Ctl1'rmI plltue. tIu! gcwemment will communicateiu intention to the co~r. At that linu a modi.fo:alion will be p1'e[Jt1nd i"corporating the revised technical &: ma1Ulgerial approach~ and exercising the option. Said modi/icadon will be signed by both parties prior to the start of the option period.
C.O PHASE I STATEMENT OF WORK C.I SCOPE

technical, management, and cost proposals for the next phase within 14 calendar

Rapisean Systems Hiab Energy Inapection Corporation located in Sunnyvale. CA. hereinafter referred to as Contractor shall perform the following:
All systems engineering efforts requind to research, develop, design. fabricate and test a backscatter imasin8 system for the non~intrusive detection of suicide bombers. The system thai; will be developed III pan oftbis effort will be based on the technology incorporated within the Rapiscan Sy.tems Secure 1000 pmotU1C1 ~I System, developed in collaboration with the Teclmica1 Support Worldns Group (TSWG).

Pbaac I consists ofthc development of a Pbuc prosnm plan, dc:wclopmmt of a system perfonnance spocification. evaluation oftbe Iystem safety. a preliminary hardware/software design. a Preliminary Design Review (PDR), and project management. The majority of the Phase I work will be conducted at the Contractor's faciHty IJld at corporate headquarters for Rapiscan Systems. Phase n consists of the following tasks: development of a final Phase m program plan. Creation of detailed drawings and other doeumcntatiOD required for fabrication. assembly. installation and testing of tile prototype bac1cscatter imaging system. a Comprehensive Design Review. and project managmnc:nt. Phase consists of the following tub: fabrication. assembly. installation of the prototype blckscatter imaging system at the Contractor's site for testing and evaluation; and project management. These activities will be conducted at Contractor's facility and at the C01J)Ol1lte headquarters fbr Rapiscan Systems.

m

Phase m also includes installation and customer acceptance test and evaluation at a government fumished test site as part of the delivery of the .)'Stem to HSARPA. For the purposes of this draft SOW. the government test site is assumed to be located iD New Jersey. After the selection of the government test site has been finalized, the Contractor shall update the program plan for relocating the system to the site.

_t

The period ofperl'otmance for Phase I is nine months. The approximate period ofperfonnancc for Phase n is five months and the approximate period of performance for Phase ill is twelve
months.

....4

Phase I Project milestones include the following: • • • • System Performance Specification Radiation Safety Evaluation PDF Updated Project Plan

Project Milestones for Phases
• CDR

n and m include

the foUowin~

• • • • • •

Phase II Plan Pbaae n Detailed Design Phase II Prototype Fabrication Phase n Prototype Installation Factory Acceptance Test Customer Acceptance Test C.2 PHASE I AC'TMTI'ES

Contractor shaJl conduct the aystems engineering and research to develop a prototype backscatter imaging system. Desip goals are II follows: • •

Covert inspection of moving subjects. Detection of explosivCl on suicide bombers through clothing, backpacks. and other packages.

personnel Screening Systems Using X-Ray."

Radiation safe and meets the requ:ircments of ANSI Standard 43.17 "Radiation Safety for

Contractor shall evaluate the performance of the backscatter imaging system on the basis of:

components

1. The ability to detect concealed explosives and "leave-behind' 88 a person walks through the imaging system.

bombs, weapons, and ceramic

2. The safety of the system to screen the ge:acral public.

3. The evaluation ofdiffcrent deployment sceoarios that optimize the protection specifically for large gatherings, points of interest, transportation systems, and apecial evCDts. Contractor shall conduct the systems engineerina. research. development and laboratory analysis to identify and validate the backscatter imaging system design that best meets the design goals.
This includes:

BlHQDC..f5.<:.GII]2

System Perfonnance Specification. Contractor sbal1 develop the operational pcrfOtmancc specification from experimental data generatcci with I realistic testbed and simulated threats. Radiation Safety Evaluation. Contractor thall conduct Ihe systems engineering, research and

development to identify and validate the radiation safety system design. The objective is to demonstrate that the backscatter system is sate and that an inspection will not exceed the limits
specified by ANSI N43.17 for a general usc system.

Preliminary System Design. Contractor shall conduct the systems engineerin& research and development to identify, dcsiJD,. and validate the overall system and major subsystems. This includes, the imaging system, the safety lysteDl8. and the electrical and mechanical subsystems and controls.
C.3 TEST AND EVALUATION

Preliminary Design Review. Contractor shall support conduct a PDR. Contractor shall submit a11presentation materi.alt at the POR. These materials win include a preliminary system concept. performance estimate, and cxpcri.mental plans. C.4 PROGRAM MANAGEMENT Contl'8CtoT shall maintain and implement a Management Program, which clearly defines how the development efJbrt will be managed aad controlled. Contractor shall organize, coordinate, ancl control all internal project activities (including those which arc assigned to subcontractors) to ensure the correct and timely delivery of aU supplies and services spccified in this contract Contractor shall maintain a program l1l8Dagcmcnt office fimction to manage all tecbnical perfonnancc, costs. schedule, and delivery requirements of this Program. The Contractor shall report progress at a program reviews and with presentation materials.
COS DELIVERABLES

The following are the delivcrables associated with this: Program: The Phase I deliverablcs include: •
• • Phase I Tecbn.ical Repon and Phase n Program Plan PreJimiouy De&isn and Fcuibility ReYi.~

Monthly and Quarterly Progress Statua Reports

The Phase ITdeliverablcs include: • • Monthly and Qwutcrly Progress Status Reports Phase Technical Report and Phase III Program Plan

Comprehensive Design Review

n

The Phase
• • •

m deliverables

include:

Monthly and Quarterly Progress Status Reports Phase m Final Report Operational T eating Results Prototype inspection System along with operator aDd Maintenance Manuals. C.6 GOVERNMENT FURNlSHED EQUlPMJ:NTIINFORMATIONIMATERlALS

1. Government FumiJh.ed Information: The government wilJ evaluate any written request for information or documentation on a caseby~casc basis and at its discretion either accept or reject the request.
2. Government Fumishcd Material;

None.
0.0
rACKAQING
0.1

AND MAIygNG

PACKAGING AND MAJuaNC

Phase I deliverables shall be electronically submitted
Packaging II1d MarkillJ instructions for ,Phase Il and

addressed at the time of option exercise.

E.O INSPlcrJONAND ACcIWNCI
E.! CLAUSES INCORPORATED

By RePEUNCE

The following FAR clauses are available in full text at htID:l/farsile.hill.af.mil and incolpOrated by reference into this contract:
r-S2.24().9

InSPection orR_arch

ind Development
By

(Short Form)

Apr1984~

E.Z

INSPECTION AND ACCEPTANCE

THE GoVERNMENT

The Contracting Officer's Technical Representative (COTR) identified in Section G of this Contract i. responsible for inspection and acceptance of all services, incoming shipments, documents, and services performed specifically for the Contract.

E.3

ACCEPTANCE CRITERIA

Certification by the Government of satisfactory services provided is contingent upon the Contractor perfonning in accordance with the terms and conditions of the contract and all modifications.

r.o

QELIVEIlIS

OR PEItt'pRMN;g

F.l

CLAUSES INCORPORATED Bv REFERENCE

The following FAR clauses are available in incorporated by reference into this contraet:

fun text

at http://farsite.hill.afmiJ

and ,.-

S2.242~lS Stop.Work Order
Alt I (Alternate I)

!

Aug 1989
. Apr

52.247·34 I F.O.B. Destination F.l
PERIOD OF PEIlPORMANCE

1984 (Altl) Nov 1991

The period ofperfollDllDce of Phase I of this Contract is from date of Conttact award through 9 months. The period of performancc for aU optional phases, if exercised, is ftom date of Contract award through 2S months thereafter.
F.3 'PLACE OF PERFORMANCE

The services shall be perfomJ.ed at the contractor~J facility.
F.4 DELIVERY ADDRESS

All dcliverables shall be submitted electronically to the Government Program Manager identified in Section G of this Contraet. F.5 METHOD OF DELIVERY Electronic copies Ihall be delivered in Microsoft Office formatted files, unless otherwise specified by the COTR. Electronic submission shalt be made via e-mail, unless otherwise directed by the COTR..

PZ'AlmBNT

Of' HOMItAND S£ClIItITY

F.'
Monthly

DELMRABLlIDILMRY

ScBmULE Due Date_ITimc After Contract Award)

Item Kick-OffMeeting Quarterly Reviews and Reports Preli&~J DcsiJlllleview (PDR) Final Reports IUd Review

Within 3 Wceb Monthly Reporta: I Week Prior to Quarterly Review Reviews: r_ •.

Prior to Task Col11Dletion
Upon Task Completion

G.O CONTRACT APMINIS'l'RAWN G.I CoNTRACTING Omca

PAT4 (CO)

The Contracting Officer for this Contract is identified below:

G.2

CONTRACTING

OmCER'S

TEcHNICAL

REpllESENTATIVE

(COTR)

The COTR

for this Contract is ideDti1ied below:

G.)

CONTRACTING OFJ'lCER'S AUTHORITY

The Contracting Officer (CO) ... iaoW to tbia contract bas l'CIpOnsibility for ensuring the performance of all noceuary actions for effective contraccing; ensuring complianc:c with the termJ of the contract and safeguarding the iDtereats of the United States in its contractual relationships. The CO is the only individual wbo has the

authorized to approve ~es to any of the requirements under this contract. and notwithstBDding my provision contained elsewhere in this contract. this authority remains solely with the CO.

authority to enter into, administer, or terminate this contract and is the only person

It is the Contractor's responsibility to contact the CO immediately if there is even the appearance of any technical directioiJ. that is or may be outside the scope of the contract. The Govamment will not reimburse the Contractor for my wort not authorized by the CO, including wod outside the &eope of the contract.
G.4
CONTRACJ'ING

Orne!R'S

TECHNICAL REpRESENTATJVI (BSAR 3052.242-7%)

(DEC 1003)

(a> The Contracting Officer may designate Government personnel to act as the Contracting Officer's Tecbnical Representative (COTR) to perform functions under the contract such 88 review or inspection and acceptance of supplies, services, including CODBtructiOD, and other functions of a technical nat\D'e. The Contracting Officer win provide a written notice of such desipdion to the Conuactor within five wodciDS days after conuact award or for construction, not less than five working dayi prior to Jiving the contractor the notice to proceed. The designation letter will set forth. the authorities and limitations of the COTR under the contract. (b) 'J'be: Contracting Officer cannot authorize the com or any other representative to sian documents, such B8 coit~ contract modifications, etc., that require the signature of the Contracting Officer.
(End

of clause)

G.! INTERPRETAnON OR MODlnCATt~ No oral statement by any penon, and no written statement by anyone other than the Contracting Officer (CO). or bisIhcr authorized representative actins within the scope ofbii5lber authority, IJball be inta:pmed as modifYinl or otherwise affecting the terms of this contract. All reqllests for intelpretation or modification shall be made in writing to the CO.
G.6
ACCOUNTING AND APPROPRIATION

DATA

The accounting and appropriation data COttCIpOIldiDg to this contract is found in Btock 14 on the award cover pap (SF-l6).
G.7
INVOICING INSTRUcnONS

In order to initiate payment, the Contractor sball sllbmit proper invoices for payment in the manner and format descnDed herein:

(a) The Contractor shan submit an original invoice or send via facsimile or email to the following address:
,.10

Attn; PPB I Debonh DeVault WuhinJ1014 DC 20528 email addJrea:

Department of Homeland Socwity Science " TcdmoJogy Directorate

(b) Eac:h invoice shall include the following: (1)

(2) (3)
(4) (5) (6) (7) (8)

Contract Number Contractor Name Date of Invoice IDvoicelvoucher Number
Materia]

Overhead
Other Direct Cost (ODCs)

Labor Benefits

(9)
(10)

Travel

(11)

Total Costs

Backup documents shall be available for audit/review to DCAA, upon request.

G.I

TRAVEL

(a> Approval of Foreign Travel: The cost of forcisn travel is allowable only when the specific written lpPfOVal of the ContnIcting Officer or Contract Specialist responsible for administration of the eoD1raCt is obtained prior to eommencing the trip. Approval must be requested at teat 30 days before the scbodulcd departure date in order that all necessary clearallces may be processed. Each individual trip must be approved separately even thouah it may have been includo ill a previously approved budget Foreign travel is defined &8 any travel outside of Canada and the United States and ita territories and poascssiona.
(b)

Domesticllocal travel sbaIJ take place in accordance with the Federal Travel Regulations (FTR) IUd will be considered reasonable and allowable to the extent
permitted by FAR 31.205-46. Documentation will be available upon request DCAA.
to

G.9

GoVERNMENT F'URNlsHED EQuIPMENTnNFORMATIONIMATERIALS

There will be no GFFJGFIIGFM provided as part oftbis contract.

H.O

spECIAL

CONTR.Acr

gOUIUMENTS

BSHQOC..es.c.eom

0.1 CONFJDiNTlALlTV OF INPORMA TlON
(a) To the extent that the work Wlder this contract requires that the Contractor be Biven access to or be furnished with confidential or proprietary business, technical. or financial information or data bclouging to other entities which is

clearly marked as confidential or proprietary, the Contractor shal.l, after Rccipl thcrco( treat such :informItiOll in CODfidence and ~ not 10 applupriatc such information to its own tile or 10 disclose such information to third parties unless specifically 8U!horized in Wl'itina by the Contracting Officer. The foregoing obligations, however, shal1 not apply to:
(1) Information or data which is in the public domain at the time of receipt by the

Contractor;

(2) Jnfarmati.on or data which is published or otherwise subsequently part of the public domain tbmugh no fault orlbe Contractor;

becomes .

(3) Information or data which the C~tor can demonstrate was already in its poucasion at the time ofn:ceipt thereof; or (4) Information or data which !he Contractor can demonstrate was received by it from a third party who did not require the Contractor to treat it in confidence. (b) The Contractor agrees (1) to enter into an agreement, identical in all material rcspccts to the requirements of paragraph (a) above, with eacb entity requesting such agreement and that is supplyinJ such confidential or proprietary infonnation or data to the Con1nctor under this contract and (2) to supply a copy of such to the Contracting Officer, upon written request.

aarecment

(c) This clause shall be included in any subcontract under which there is a mquirc:ment or there bec:oma a requirement that the subcontractor be given accesa to or be fbmilhed with cont1dcmtial or proprietary business, technical. or financial infurmation or dala.
D.2 ACCUS
REsTRICTION

The Contractor shall restrict access to those individuals with a valid need-to-know who arc actually pmviding aervicea under tlUs contract. Further diascmination to other contractors, subcontracton, or other government agencies IDd private individuals or organizations is prohibited unless authorized in writins by the Contracting Officers Technical Representative (COTR).

1.0

CONTRACT CLAUSES

....

12

RSHQDC.f5.C-taIlZ

1.1 CLAUSES iNCORPORATED BY REFERENCE (FAR. 51JS2--2) (FE81998)
This contract incorpo:ratcl one or clausc:a by ~fcrencc, with the same force and effect as iftbey were giVC!Il in full text. Upon request, the Contractina: Officer will make their full text available. Also, the full text of. clause may be acecssed electronically at IhiaIthcse addrea(ea):
http://1jmritUrillaf.mil (FAR C1auaes 52.###)

more

httpjlfwww·dhs.gov/dhapublictintcrwebiauptlibrarylPHS HSAR With Notice 042.l.J!M (HS.AR. Clauses 3011#.##If)
(End ofCl.usc)

1.1 CLAUSES INCORPORATED BY R!:nuNCE The following FAR and HSAR clauaes are incorporated by reference into this contract: . 52.202·1 Definitioua Ju12004 52.203-3 Gratuities Apr 1984 Covenant A.2Il1nilt Contingent Fees 52.203-5 _~r1984 52.203-7 Anti-Kickback Procodures Ju11995 Canc:cUatio~ RoceIIion and RccovCl)' of Funds for 52.203-8 Jan 1997 52.203-10 52.203-12 52.204-4 52.2Q4..7 ! 52.209-6 52.215-2

-I

moaaJ.ot"
Activity

Price or Fee Adjuatment for Incpl or Improper
Umitation on Payments to Influence Certain Federal Transactions Printed or Copied Double Sided on Recycled PIP« Central Contractor Protoetin& the Government·, Int:t:R:st When Subcontractina with Contractors Dcbamd,

Activj~

Jan 1997

!

J\m2003
Aug 2000 Oct 2003

I
!

..

Jan 2005 1un 1999 Oct 1997 Oct 1997
Oct 1997

S

~. _. or-PropoICCl for DebaDneot

52.215-8
52.215-10 52.215 ..12 52.215-14 I 52.21S-IS All

I1

Audit and R.ecords - N..-.fi.tt_ Order ofPrecedeDce - Uniform Contract Format Price Roduction for Dcfecti.vo Cost or Pricing Data Subcontractor Cost or Prieina Data Integrity orUDit Pricos Pension AdjUltmclltl and ASIet Reversions

Oct 1997 Oct 2004 Oct 1997 Oct 1997 Dec2002_J

---i,
I

152.21S-18
I

I Reversion

! 52.215-21

I ,52.216-7

Otbct Than Cost or Pricing Data - Modifications Allowable Cost and Payment

or Adjustment ofPtans for Postretirement Benefits (pRB) Other Than Pensions Requiranenta for Cost or Priclnj Data or Information

I ,

i

,.13

HSBQDC~

52.222-1
52.222-2 52.222-3 52.221·21 52.222·26 52.222-35 52.222-36 52.222-37

----'

Notice to the Government or Labor DisptJt;s Payment for Overtime Premiums Convict Labor ..t Facilities Prohibition of S
Equal
0 .

......-~-~ Feb 1997 ...... Jun2003

..-~-~ .~ ,--'.- ,

T~TT99(f'"--.,
Feb 1999
~002
._-

BquaI Opportunity for Disabled VeteraDI, veterani-- Dec 2001 of the Vietnam. Era and Other Eligible Veterans .Aflirmative Actioa for Workers with Disabilities Jun 1998 Employment Reports oa Special DisabJes Vete:rans, Dec 2001 Veterans of tho Vietnam Eta and Other Bligl'ble Jan 1997,
Jul199S Safety Data

_, __ : ..
,

-

l

I
)

j

f 52.223-3
Alt!
52.223-6 52.223-7 52.223-14 52.225-13 52.225·16 52.226-1 52.227-1

Vctcnms

, Hazardous Material Identification and Material - Alternate I Drug Free Workplace Notke ofRadioeCtive Materials Toxic Chemical Release Reporting Restrictions on Certain Foreign Purchases Sanctioned E Union Country Serv:ices Utilization of Indian Organizations and IndianOwned Economic EnterPrises Authorization and Coascnt - Alternate I Notice and Aasiatance RCIIrdin, Patent and C"'V".•..I.iih~ .I!.' 'f.. em Patent Rights Retention by Contractor. Long Fonn Rights in Data - General
Rights in Data - General (Alternate IV)

!
1
J

(A1tn
May 2001 Jan 1997 Aug 2003 Mar200S Feb 2000 1un2000 Ju1199S.

i
i

AltI
52.227-2 52.227-12 52.227-14

Apr 1984
(Alt 1)

Aua: 1996 Ian 1997 Jun 1987 JWl1987! J\01 1987

l
I

! :

52.227-141
Alt.IV 52.227-16 52.228-7 52.230-2 52.230-6 52.232-9 52.232-17 52.232-22 52.232-23 52.232-25 52.232-33 52.233-1 52.233-3

i
I

Additional Data Rights

Insurance - Liability to TIrlnt Persons

. Standards Colt A AdmiDlJtration of Cost Accounting Standards Limitation on Withholding of Payments

Mar 1996
Apr 1998

Nov 1999
.-

lntaat Limitation of FUndI of Claims Assi Prompt Payment Payment by Electronic Funds Transfer - Central Contractor Registra1ion

Jun 1996 _1\pJ: 1984 Jan 1986 Oct 2003 Oct 2003 Ju12002 J1Dl 1985 (Alt I)

~O984_~

i
.~

I

i
I

Disputes

,

AltI

Protest After Award -AltemateI

Aug 1996.

",14

DIPA1l1M£1'IT

or IIOMILAND S&cu1UlY

52.233-4
52.242-1
52.242-3

52.2424 S2.242~13 52.243-2 AltV

Notice of Intent to Disallow Costs _- Peoaltiea for Unallowable Costs
Certification ofFiaallDclliect
Bankruptcy

A1>Plieable Law for Breach of Contract Claim
Costs.

Oct 2004
hPtl984
Ian 1997

May 2001

: !

Cbanaos -

-AltemateV

COlt R.eimbursement

lull99S

Aug 1987,

,, Altn
1

52.244-2

Subcontracts -AlternateD ' 'on in Subcon1racting Subcontracts for Commercial Items Government Property (Cost-Reimbursement, Co

Apr 1984 (AltJl) Aua 1998. Aug 1998

i 52.244-5
52.244-6 52.245-5

(Altm Dec 1996
Dec 2004

52247·1 f-~2.247-63

152.249-6

rS2.249-14 , 52.251-1 i S2.2S3 l : 3052.219-70
w

Commercial Bill OfT...tmri NotatioDs Preferenco for U.S. Flag Air Carriers Termination (COlt Reimbursement) Excusable Delays

and-Maim.

or Labor Hour Contracts)

Time-

May 2004
Apr

1914

Jun2003 Apr, 1984 Apr 1984 Jan 1991 Dec 2003

S~l996

Government Supply Sources
Generated. Forma

je

I Small BuiDess Subcontracting Pro8!81n

~ns

1.3

NOTIFlCAUON OF OWNERSHIP

CHANGES (FAR 51.115-19) (Ocr 1997)

<a) The Cont:ractor shall make the following notifications in writing: (J) When the Contractor becomes aware that a chaDp in its ownersbip bas ~ or is certain to occur, tbat could result in changes in the valuation of its capitalized ISleta in the accountina the Contraetor shall notifY the Administrative ContrKtiDa Officer <ACO) within 30 days, (2) The Cootractor shall also notify the ACO within 30 days wbenever changes to

recom..

valuations or any other COlt changes have occurred or are certain a result of a change in ownership.
asset

to

occur as

(b) The Contractor sbaU -(l) Maintain current. accurate.

and complete inventory records of assets and their

COlts; (2) Provide the ACO or designated representative ready access to the records upon m}\ICSt; (J) Ensure that aU individual and grouped asseta, their capitalized values, accumulated dep~atioD or amortization, and remaining useful lives are identified accurately before and after each Of the Contractor's ownership changes;

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset recorda maintained before eacb Contractor ownership cbaDgc.

and

OU .... TMINT Of' IIOM£UND SIClJIUlY

(c) The Contractor shall include the substance oftbia clause in all subcontracts under this contract that ~eet the applicability requirement of FAR lS.408(k).
(End of Clause)
104 NOTD'ICATION OJ' EMPLOYERS RIGHTS CONCIRNINC PAYMENT OF UNION DlJES AND FlES (FAR.5U22-39) (DEC 2004)

(a) Definition. As used in this clause "United States" means the SOStates, the District of Columbilt Puerto Rico, the Northern Mariana Islands. American Samoa., Guam. the U.S. Virgin Islands. and
(b)

Ex.

Wlke bland.

the Contrador shall post a notice, in the form of a poster. informing employees of their rights concerning union membership and payment or union dues and fees, in conspicuous places in and about all its plants and offices. including all places
where notices to

as provided in paragraph (e) of this clllUJe. durina the

term

of this contract.,

employees are customarily posted. The notice sball include the following infonnation (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plams or offices of carricn; subject to the Railway Labor Act, as amended (45 U.S.C. 151-188». Notice to Employees

Under Federal law. employees cannot be required to join a union or maintain
membership in a union in order to retain their jobs. Under certain conditions.

the Jaw permits a union and an employer to enter into a union~security agreem~t requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not UDion" embers c:8D object to !he use of m their payments for certain purposes and can only be required. to pay their share orunion costs relatinl to collectivc bargaining. contract administration, and grievsnee adjusttocmt. If you do not want to pay that portion of dues or fees used to support activities

not related to collective bargaining. contract administration. or grievance adjustment. you are entided to III appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support

activities not related to collective bargainin&. contract administration. or

reduction in fi.rture payments.

,pievancc adjustment, you may be entitled to a refund and to an appropriate

For further infonnation concerning your rights., you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or
at the following

addmil or toll free number:

,...16

National Labor Relations Board
Division of Information 1099 14th Street, N.W. Washington, DC 20570 1-866-667~S72 1..866--316-6S72 (TI'Y)

To locate the nearest NLRB oflice. see NLRB'. website at http://www.glrb.go'\'. (e) The Contractor ahaIl comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFJl Part 470, and orders oftbe Secretary of Labor. (d) In the event that the Contractor does not comply with any oftbe requirements set forth in paragraphs (b). (e), or (g). the Semtary may direct that this contract be cancelled, terminited. or .uspendod in whole or in part, and declare the Contractor ineligible for fur1her Oovemment contracts in aecordancc with procedures at 29 CPR Part 470, Subpart B-CompliaDce Evaluations. Complaint Investigations and Eaforcement Proceduroa. Such other unctionI or remedies may be impoaed as are providoc1 by 29 CFJl Part 470, which implements Executive Order 13201, or u are otherwiJe provided by law. (e) The roquiremeut to post the employee notice in paraanph (b) does not apply to(1) Contractors and BIIbconlr8ctorl that employ fewer than IS perIODS; (2) Contractor cstab1iahmcnta or CODStrUctioowent sites where DO union bas been fonnally recognized by the Contractor or certified as the exeIuaive bargaining rcprcacntative of the ConlnCtoJ", employees; (3) Contractor establisluncnta or coDltruction watt lites located in a jurisdiction named in the defiDition of tho United States in which the law of that jurisdiction forbids enforcement ofUDion-aocurity agrwmtIDII; (4) Contractor facilities whcro upon the written rcqu.cat of tile Coub"actor, the Department of Labor Deputy Aaistant Secretary for Labor~Manqement Prosrams baa waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that(i) The facility is in all respects separate and distiDCt from activities the Contractor related to the pertbrmmce of a cootract; and (ii) Such a waiver will not interfere with or impede the effectuation ofthc Executive order; or (S) Work outside the UDited States that does not involve the rccruiUncnt or employment of womn within the United States. (f) The Department of Labor publilhel the official employee notice in two variations; one for cxmtractorI covered by the lWlway Labor Act and a second for all other contractors. The Contractor sbalJ.:(1) Obtain the required emplo~ notice poster from the Division of Interpretations and Standards. Office of Labor-Management StaDdards. u.s. Department of Labor, 200 Constitution Avenue. NW, Room N~5605.

or

,.17

Labor-Management Standards or Office ofFcderal Contract Compliance Programs; (2) Download a copy ofthc poster from the Officc of Labor-Management Staodards website at http://www.olms.doLsov;or (3) R.eproduc:e and use exact duplicate copies of tile Deparlment of Labor's official poster. (g) The Contractor shall include the subltance of this clause in every subcontract or purebasc order that exceeds the simplified acquiIition thrcabold, entered into in connection with this contract. unlaJlli exempted by the Department of Labor Deputy AsIiItant Sec,daly for Labor-Manqemeot Prosnms on account of special circumstances in the natiODIl iDtereIt uncJer authority of29 CPR 470.3(c). For indefinite quantity su.beontncts. the Coll.tractor .halt include the substance of thia claule if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470. Subpart B-Compliance BvaluatiQDS. Complaint Jnvestiptions and .Bnforeemcnt Procodun::s. the Secretary of Labor may direct the Conttactor to take such action in the enforoement oftheso regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Coottactor becomes involved in litigation with a subcontrar;tor or vendor, or i.threatened with such involvement. u a lault of such direction. the Contractor may request the Unitecr"States, tbrouah the Secretary of Labor. to enter Duo such litigation to protect the interests of tho United States. .
(Bn4 1.5

Washington, DC 20210. or from any field ofticc oCtbe Department's Officc or

of clause) (FAR 51.217-13) (JUN 1987)

RlOBTS TO PRoI'OSAJ.. DATA (TI:CllNICAL)

Except con~

and DOtwithstanding the CODditicma of any notice appearing thereon. the GQvemmcot Iball have unlimited riJbta (as dc6nod in the '"R..ights in Data-General" clause contained in this contract) in and to the technical data contained in the proposal

tor data contained

in &. it is agreed that u a condition of award of this

dated Fdmlary 8 2005, upon which this contract is based. (End of clause)

1.6

NOTlFICAnON OF CHANGES (FAR 51.24]..7) (APR. 1984)

(h) Dejinttiom. "Contracting Officer," as used in this c1~

does not include any rcprcacDlaIive of the Cou1r8Cting Officer. "Specifically Authorized Representative (SAR).» as U&Cd in this clause, means any perIOn the Con~ting Officer bas so detrisnated by written notice (a copy of which shall be provided to the Contractor) which IbalI refer to thi. paragraph and sh.a1l be iaauod to the dosigDated representative before the SAR exercises such authority.

(i) Notice. The primary purpose ofthil cJauae is to obtain prompt reporting of Government conduct that the Contraccor considers to constitute a change to this contract. Except for changca idmtified u such in writing and signed by the

Officer in Mitinl promptly. within five (5) calendar days from the date that the Contractor identifies any Govcrmuent conduct (iIwludina actions. inactiens, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis oftbe most accurate infonnation available to the Contractor, the notice Ihall ...._ (1) The date,!UIlUR, and eircmnsta1lCel of the conduct regarded III a change; (2) The name, timction, and activity of each Govemment individual and

Contracting Officer, the Contractor shall DOtify the Administrative Contracting

Contractor official or employee involved in or knowledgeable about such conduct; (3) The identification of any documents 8Ild the substance of Illy oral communication involved in such coaduct; (4) In the instance of alleged acceleration of scheduled perfonnance or delivery, the bais upon which it 1I0I0; (5) The particular elementl of contract performance for which the Contractor may seek III equitable adjUltmeDt under this claule. ~Judjns(i) What CODtrICt tine items have been or may be affected by the alleged (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alJepd chmp; (iii)To the exteut practicable, what delay and disruption in the manner and sequence ofperformance and effect on continued performance have been or may be cauHd by the atlepd cbanp; (iv)What acijustments to eootrICt price, delivery echedule, and other proviJioDi aft'ected by the aDepd change are estimated; aDd (6) The Contractor's estimate of the time by which the Govemment must respond to the Con1l'8CtOr"s notice to nrinimiH cost, delay or disruption of performance. G> Contilfued performance. Following submission of the notice required by paragraph (b) oftbi. clause, the Contractor shall diligently continue perfonnancc oftbis contract to the muimum extent possible in accordanc;c·wilh its terms and conditions as coustru.ed by the Contractor, unless the notice reports a direction of the Contracting Officer or a commmrlcation ftom a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however. that if the Comractor regards the direction or communication as a change 18 described in paragraph (b) of this clause, notice shall be given in the manner provided. All directiona. commurricatioDl, interpretations, orders and similar actions of the SAR. sbaII be reduced to writing promptly and copies ~ to the Contractor and. to the Contract1ng Officer. The Contracting Officor shall promptly cou.ntermaDd any action which exceeds the authority of the SAR. (k) Government re8ptJlUe. The Cosmacting Officer shall promptly. within 1S calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either(1) Confinn that the conduct of which the Contractor gave Dotice constitutes a change and when DCCcssary direct the mode of:fi.u1b.er perfonnance;

change;

....

19

(2) Countermand my communication rcprded. II a change; (3) Deny that the conctuct of which the Contractor aave notice constitutes a change and when nece&lary direct the mode offtu:tbc::r perfonnance; or (4) In the event the Contractor's notice information is inadequate to make a decision UDder paraarapbs (dXl), (2). or (3) of this clause, advise the Contractor wballdditional informatioa is required, and establish the dale by which it should be furnished mel the date thereafter by which the Government will respond. (1) Equitable adjuatnients.
(1) If the ContmctinS Officer confinus that GovermnOllt conduct effeeted a

change u alleged by the Contraetor. and the conduct causca an increase or decrease in the Conttact.or'. COlt of; or the time required for, pcrfonnance of any part oftbe worlc UDder tbis contract, wbetbm" cbanged or not changed by such conduct, III equitable adjustment shall be made(0 In die contract price or delivery schedule or both; and (ii) In such oQ1er provitiOlJS of the CODtrIct ~ may be affected. (2) The contract Ihall be modified in writing KCWdiogly. In the case of drawings, designs or specifications which are defective and for which the Gavemment is responsible, the equitable adjustment &ball ioolude the COlt and time extension for delay reasonably incwrecl by the Contractor in attempting to comply with tho defccUve drawinp, deIipa or apcdficatioaa before the Contractor idcJD.tificd. or reasonably abould have idaltified, IUCh defect. When. the cost of property made obsolete or exceu u a reIUlt of. cbanse confirmed by the Contractin& Officer under drlI clause is iDcluded in tha equitable adjuatmcnt, tho Coatractina Officer aball have the risht to prescribe the manner of dispositiOD of the property. The equitable adjustment shall not include increased coam or tUM extensions for delay rcsultin& from the Contractor's fiUlurc to provide notice or to continue pcrfomWlCC II provided, respectively. in panagraphs (b) and (c) of this clause.
(Bud af cIIuIc)

1.7

PROIIIIlTIONoNCoNTRACTSWlTHCORrOllAHExrATlUATIS(BSAR3051.20970) (DEC 2003)

(a) Probibitions.

(b) Dctinition& M used in thi& clause:

Section 835 of Public Law 107-296. prohibits the Deputment of Homeland Security &om eotming into any contract with a forcisn incorporated entity after November 2S. 2~ wbich is trealed 111111 inverted domestic corporation as defined in this clauae. The Secretary shall waive the prohibition with respect to any specific contract if !be Secretary dctermiuee that the waiver is required in the interest ofhome!aDd HCurity. or to preveatthe 10" or my jobs in the United Statoa or prevent the Oovemmcnt from incUrring any additional costa that otherwise would not occur.
"E.xpanded Afliliated Group"

moans an affiliated group as defined in section 1504(a) ofthc Internal Revenue Code of 1986 (without regard to section lS04{b)

..
BSBQDC~l

except that leCtion lso.t of IUCbCode all M applied by substituting 'more than SO pcrccnr for 'at least 80 percent' each place it appears. "Fomp fnoorpomtcd Entity" muns Illy entity whichii, or but for IUbscction (b)

of such Code).

treated as a foman corporation for purposes of the Internal Revenue Code of
1986.

OfSectiOD 835 of the Homeland Security ~

Public Law 107-296. would be,

the total buaiDess activities ofsueh expaDdecl affiliated group. "Pc:nonM. "domestic". and M(orelan" have the meaniDp liven &UCb terms by paragraphs (1), (4). and (S) of section 7101(a) oftbe Internal Revenue Code of 1986, respectively. (c) Spe<:ial rules. The following deJinitioas and special rules shall apply when determining whether a foreign incorporated entity should be tIeated IS an inverted domestic cmporation. (1) Certain Stock Oismprdcd. For tbepurpose of treating a foreiJll incorporated entity as an inverted domestic corporation these ihall not be taken into account in detenninin& ownenhip: (i) stock heJd by members of the expanded affiliated group which includes the fureip incorporated entity; or Oi) stock of such entity which is sold in a public offering related to the acquisition dcscnDcd in subsection (bX1) ofScction 835 of the Homelaocl Security Ac~ Public Law l07¥296. (2) Plan Deemed In Cert.in Cales. If a torei.p incorporated entity acquires directly or indirectly IUbltmti:a1ly aU of die properties of. domestic corporation or parmenbip during the 4-year period beginning Oll the date which is after the date of enactment oftbis Act and which is 2 yaIl8 before the ownership requirements of subsection (bX2) are met, such actions shall be treated as punuant to a plan .

"Inverted Domestic COIporation." A fonRgn iDcorporatcd entity shan be treated as an inverted domestic corporation if. pursuant to a plan (or a aeries orretated traosactiona}(1) The entity completes after November 2S. 2002, the direct or indirect acquisition of IUbltantilllly all ofthc propc::c ties held dinIct1yor indirccdy by a domestic cotpOmtion or wbmDtiaily aU of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held(i) lD the cue of III acquisition with respect to a domestic corporation. by former shareholders ofttle domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the cae of a1 ~1iti0D with l'OIpcct to • domestic partnership, by former partnen oltlle domestic partnership by reason ofbolding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquiaition includes the entity docs not have aubltlntial buliDCli activities in the foreilll COUDtry in which or under the law of which the ODtity ia crated or organized when compared. to

'liut

(3) Certain Trmsfen Disregarded. The tranJ£er oC properties or liabilities (mcluding by contribution or distn'butiOll) Ihall be dimegarded if such transfers are part of a plan a principal purpoIC of which is to avoid the putpORli oftbis lCICIion. (d) Special Rule for Related Partnenhips. For purposes of applying Section 83S(b) of Public Law 107-296 to the acquisition of a domestic partnership. except IS provided in regulations, aU domestic partnctlbips which arc UDder oommon control (within the meaning of section 482 of the Intcmal Revenue Code of 1986) shall be treated as a partnership. . (e) Treatment of Certain Rightl. (1) Certain rightB ahall be treated II atocb to the extent necessary to reflect the pRICDt value of all equitable interesta incident to the transaction. as follows!
(i) (il) (iii) (iv) warrants; options;

(v) others similar interests. (2) Rights labeled u atoc:b 1ha11not be treated as stocks whenever it is deemed appropriate to do 10 torcflect the present value oftbc transaction or to disreprd transactions whoae recognition would defeat the purpose of Section

contracts to acquire stock; convertible debt iDltrumcnts~ and

835.

(1) Dilclo.ure.

domestic corporation pursuant to the criteria of Soction 83S of the Homeland Security Act. Public Law 107·296 of November 2S, 2002. (g) If a waiver bas been granted, a copy of the approvod waivOf shall be attached to the bid or proposal. (End of provision) 1.8
INSURANCI

By sisning and submittiD& ita o:ffcr, an Offeror under this solicitation rcpreacnts that it not • fcnip iDcoIpcmded entity tbat should be treated as an inverted

(RSAR 3052.221-70) (DEC 1003)

In accordance with the clause entitled "Insurance - Work on a Government Inatallalion" [or Jnaurancc - Liability to Third Persona] in Section 1, insurance of the folIowiq kinds and minimum amounts shall be provided and maintained dwing the period of performance oftbia contract: (a) Worker's COII1pCI18ation employer's liability. The ~r aud shall. as a minimum. meet the requirements specified at (FAR) 48 CFR 28.307·2(a). (b) Gentnlliability. The contractor.wI, u a minim1Dll. meet the requirements specified at (FAR) 48 CPR 28.307·2(b). (c) Automobile liability. The contrwrtor sball ... a minimwn, meet the requirements specified at (FAR) 48 CPR 28.307·2(c). (End of clause)

••
HSHQDC~Z

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AmCHMENll

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1',1)( 10 ~u,nber, S4 2361391 ~l.m;; :-l:.:,..:cel': 003<i!ll: 8~3 +O(lOO ,,·.::-,:t'.':'~'_ LC "'Ilt·.lal .!Ign.:emenr, t.hiti "'.edificat.ion shall t)>;!tltl:lg awaro r o AIl!}C$t 30, 2006. o'r.nc.d of. PE;rf'n"'.;mce, ()6/29/200£ to 08/30/2006

extend

t.he per!orR".anc.:eperiod

cf thf'

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·Request for No-Cost Extension for BAA# OS-03,TIA: .,
Bray, Kelly <eTR>
~n Sent: To: Cc:
r

2

Page lofl

Wednesday, %mwood, Wanda;-DePersla, Trent: Bray, Kelly <eTR>; Shepard, Mike <eTR>

-'-'-:Harry
~,Janet

Pak; Andreas Pfender; Amit Verma; Steve

Gray: Hughes; Fuoti, Kirsten Ron

Subject: Request for No-Cost Extension for BANI 05-03, TT A: 2

Dear Ms. Armwood, Rapiscan Systems fonnally requests a 60-day No-Cost extension for Phase I of the following HSARP A project:
BAA Number: 05-03 , n 2 A: Title: Non·lntrusive Detection of Suicide Bombers
revised Phase IIProposal. The successful completion of the Preliminary Design Review was held today June 28. 2006 with the attendance of Trent Depersia and Kelly Bray. We greatly •

The extension request is to allow Rapiscan additional time to complete the Phase I Final Repon and submit the

appreciate your attention. Please advise if you need further details .

s and Best Regards,

Ronald J Hughes
SLProject~anager

Rapiscan Systems

Thil e-mai11ranamIS&iol'l conllinllegaBy privileged conflc:lential information belonging to the IeIIder. The Infonnalion Ie intended only for the use of the individual or entity 10 whom it II addreaad. If you are not the intended recipient, you are hereby notified that any dleclosure, copying, dllll1butlon, or the taking of any action in reliance on the contents of !hI. e-malled Information II strictly prohibited. If}lOu h8Y. receI\'ed IhllI &-mailln error, plesse notify UI immedialely by retum e-mail.

7/6/2006

"

AMI!NDMl!NT

0'

5OUCITAOONIMOOIFICAnON 1'10.
c.oOE

OF CONTRACT
OllTE

rl. CONTlIACT ID CODE
4. Rl!QU'5Ino-wUIlCtiAS~ REO. NO.

11'11""

Of

2 AMtNDMENT"IoIOOIF~"'ltO'"

J. EFFEC!'vE

DO [)OO2
f

{lHS/OPOfSloT'/S6<T ::. S. Clept. of Homeland security Otf1ce of procarement Operation3 S&T JI.<::'qtlHd.t1on BrAnch :24<;Murray Lane, SW
SUl.ldi!'.g
& """"~

ISSIJEOBY

10/23/200£

RSAR·07·DOO1B
1 AOUINI!lTt;REO

15.
II)

1

J

PAGfli

5

PROJECT NO. (,IoPfllUl*I

av {"._

.......,,_

CODE lOHS/OPO/S'T/S"T

OPO SkT Acquisition

Branch

410

WaSh1nqton

OC 20528
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A..a AOOI'IU-S (II' CONm".cTOR .............

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IIA.

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OF SO\.II;:fTAT,ONNO.

KAF,SC~ SYSTEMS HIGH ENERGY INSPBC~10~ )5~ £AST JAVA CR1V!
smmYVAr.E CA 9408~1 U8

CORPO~TION
• 011Tl.iO

rSft lTEII11)

I

HSHQDC-QS'C-00032
106 OIolED (SEEITEM! II

lo.r.. ....ODIl"CATIONOfC~TAACT!oRDERNO

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ooprQltneoUor __ ... [el., ,. ,_ .. ~ """'" ~,;;;.;:;;;_ 10 ooIic>...., .... ...,.,ot-o. rr.~. ~NlUREOF YOUR At:K+.IOWLEDGEMENT TO lIE Mall/eo AT 'HE PlACE Oc$IGNATEO FOR TfiE RECEIPt Of OFFeRS PRIOR TO TIlE HOUR AJoIO DAl! SPEC,PIEI Y RUul T IN RlJ,"CTIC\III OF YOUR 01"1111 Kby •. """.0' "". __ ,.,.. dMW. O_W-"" __ I Y ... _ ....... ..._ ",..,110"'- trv 1IIe9o 04_. _""" 1oOIg_ "'_ ...... "

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12. ACCOU~Tl~ ANDAPl'ROPRh\TIO/i OATAI"'~J tole Inere.ae: e S398,995.00 ~CN~OOO·~O~·6X-20-15·01-000-06-01-0000~OO-DO-OO·OO-GE-D~-25-S0·CAEOOQ Il. TMlIlI1'PI ONLY ."UEi TO MQOIFIC""ION 0' CONtIlACTIIOItDIRI. n IIODIflIi. THE COIITItACTIOIIDER NO. AI DUCIIII"D I" nUl 14-

I.)

OlH~R

(Sp<.cJfy typ. 01 ...

0<AI00flfyl

X
'.

cgtion
OF

&xerci~e

Modif~cat~on:
by UCF

Mutual Agreement of the Parties

CESC!;JPT:ON

~'ax

r~

At.lENDME"'T.'MOtlIFICATION,Ol'genatd

J.- ~.""'0JQt,~

dchIlod,_

.... b)l>ct.-rwllon r_iblt.)

Number:

Sol ·<:367397 082911843.,.0000

r::':JNS Nl!:nber,

The purpose oE this modification eo contract !Ot· tr.e Phase 11 etfort under CLIN OC02.
l.Jisc,:;ur,t
N~L ~J

HSHQOC·OS-C-OOOJ2

is to exercise

the option

Terms:

1"00: :Je::llin.,ti"n ;>t!ri:Jtl 0: Pe!ctOl:1nOlnce: Add
t':."",

10/23/20006

t9 Q4f;i:2/2D07

OOO? .

a.s

fo11owl!.:

I..'on~:'nued
" ••• '" ., plw.J.., , 1M .... Mt: ~M) "Il~ A

'. all :eRns..", Of

,"IId«o,. ~ III, __

mill!

~c411

ill

II.... ~A .. lOA. II ~~.

~:GN"fllr)'ll1 orIN""1

II" NM4f ,

,."'_ ~d .n(I .. t.lUb1co oN .., .... ANtI rrns OF CONTAAC1I..o0~fICliR [TI'P. ",~mq

REfERENCE

NO OF DOCUMENT

BE IllIG CONnNUEO

CONTINUATION SHEET HSHQDC-05-C-00032/pOOQ02
NAIoIE OF OFFEROR OR CONTRACTOR

s

RAPISCAN SYSTEMS HIGH ENERGY INSPECTION CORPORATION
ITEM NO. (At
SUPPL IE&'SERVlCES (lIJANTITV

UNIT (D)

Ultrr MICE

(8)

Ie)

{El

""WOU""
(Fl

In accord~nce with the terms and conoitions of the basic contract, Option 1 CLIN 0002 lPhase 11) is hereby exercised in the total CPF~ amount

-

of
0002

$39B,995. II IOpt.ion 1) 398,995.00

PTIEDD Phase

Obligated Amount: $398,995.00 prOduct/Service Code, R425 Product/Service Description: ENGINEERING TECHNICAL SERVICES

,

CLIN CLIN

CLIN
All

0002 Total 0002 Total 0002 Total

Estimated Cost: $376,410 Fixed Fee: $22,5B5
CPFF: $398,995

and condi.tione of contl"act HSHQDC-OS-C-00032 remain unchanged.

other

terms

;

0I>T1I»o~~ ,~'"
&_"'~G&A

Jl6 ("!!Ol 110

FAR'''CFRUJ

POOOO2to Contract HSHQDC -OS-C-00032

The purposes of this modification to Contract HSHQDC -05-c..oOO32 are to exercise Option 1 CLIN 0002 initiating performance of Phase JI and conduct administrative changes to designate a new Contracting Officer. As such, the following applies: 1. Under SedioD B: SUPPLIEs/SERVIcES AND PRICLOilICoSTS, and in accordance with clause 8.3 Options: Option 1, CUN 0002, is hereby exercised to initiate Phase II of the NonIntrusive Detection of Suicide Bombers PTlEDD Project. The cost, fixed fee, and total values for CllN 0002 are revised as follows:

CLiN

S"pplles/Senices 11

Qty

Ullil

Est Unh Cost

Fixed Fee

1

Lot

2. Section C: DESCRIPTION/SPECIFICATIONSlWoRK Statement of Work are incorporated:

STATEMENT, the following changes

a. Under paragraph C.l Scope the following applies: i. The period of performance for Phase II is six (6) months. ii. Phase II Project Milestones include the following: • Detailed System Design Specification • CONOPS, Cost of Ownership. and Test Plan • • CDR Phase UI Plan

h. Under paragraph C.l Pllase II Activities are added as follows: The Contractor shall conduct the systems engineering. research and design to develop detailed design specifications and documents for a prototype backscatter imaging system. Design goals are as follows: • Covert inspection of moving subjects • Detection of explosives on suicide bombers through clothing. backpacks, and other packages • Radiation safe meeting all the requirements of ANSI Standard 43.17 "Radiation Safety for Personnel Screening Systems USing X-Ray" The Contractor shall utilize comprehensive data and image analysis obtained in Phase I

regarding system performance of the backscatter imaging system on the basis of;
• • • The ability to detect concealed explosives and "leave-behind" bombs, weapons, and ceramic components as a person walks through the imaging system The radiation safety of the system with regard to screening the general public The evaluation of DHS/S&T selected deployment scenarios proposed for the prototype that optimize the protection specifically for large gatherings, points of interest, transportation systems. and/or special events

The Contractor shall conduct the systems engineering design effort. utilizing the research, development, and laboratory analysis from Phase I to identify the appropriate design

Page 3 of 5

POO00210 Contract HSHQDC·05.C'()OO32

specifications for the backscatter imaging system that best meets the design goals. This includes: I. Design specification. The Contractor shall develop the design specification from Phase I experimental data. associated analysis. and DHSfS&T deployment criteria to be determined early in Phase II. The Walk-Through Testbed constructed during Phase I will be used to verify design concepts. 2. Radiation Safety Evaluation. The Contractor shall conduct systems engineering disgn effort to ensure the radiation safety of the system. The objective is to demonstrate that the backscatter system is sage and that an inspection will not exceed the limits specified by ANSI 43.17 for a general usc system. 3. Comprehensive System Design. The Contractor shall detail the systems engineering design over all system and major subsystems. This includes the imaging system, the safety systems, and the electrical and mechanical subsystems and controls. c. Under paragraph C.3 Test and Evaluation the following is added: Comprebell§lvelCrltical Design Review (CDR). The Contractor shall conduct a CDR. The Contractor shall submit all presentation materials at the CDR. These materials wit] include detailed design documentation, CONOPS. cost of ownership, and the test plan.

3. Under SectloD D: PACKAGING ANDMARKING. D.I Packaging

and Marking, Phase H document deliverables shall be submitted electronically to the Government Program Manager (Mr. Trent '

4.

Under SettioD F: DELIVERIES OF PERFORMANCE. to the following:

F.2,Period of Performance is modified

ClJN 0002: The period of performance of Phase 11of this Contract is from date of authorization to proceed through six (6) months.
S. Under SedioR G: CONTRACT ADMINiSTRATION DATA. the following changes apply: a, Change G.l Contracting Officer (CO) to the following:

The Contracting Officer for this Contract is identified below:

:'-N~L~~A~=_; _~j~:~~]:~;-~~ ~~:.'~.'-,'_-,~~-:~~ __~'= .. ".-:'~'-,~:'~'=:~~~~~ :_',~ ~:_-:=:=] '-r ~~~:~~f~:,ermeiand Security- .. "·---·---------· ..-----'-·-'·--~ ·

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Page 4 of 5

POO002 to Coruracl HSHQDC.05·C·OOO32

b. G.6 A(counting and Appropriation Data: The accounting and appropriation data found on Page 2 of the Standard Fonn (SF·30) applies to this modification. CLIN 0002 is fully funded.
6. Add Clause 1-9: Precontract CLINOOO2. Costs (HSAR 3052.231·70) (Dec 2003) as it applies to

The Contractor shall be entitled to reimbursement for pre-contract costs incurred on or after 23 October 2006 under CLIN 0002 in an amount not to exceed_ that, if incurred after the Option for eLIN 0002 had been exercised, would have been reimbursable under this contract. ALL OTHER TERMS AND CONDITIONS OF CONTRACT HSHQDC-OS-C-OOO32
REMAIN UNCHANGED AND IN

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Non-Intrusive

Detection of Suicide Bombers Phase III

LS. Department of Homeland Security Science and Technology Directurare Exptoslves Division
RSH~-07-00074

I.

Background

The U.S. Department of Homeland Security l Dl (S) is committed to using cutting-edge technologies and scientific talent in its quest to make America safer The OJ IS Directorate of Science and Technology (S&T) is tasked", ith researching .II1U organizing the scientific, engineering, and technological resources of the United States and leveraging these existing resources into technological tools to help protect the homeland. The Suicide Borne lED program supports this effort by focusing on protecting the homeland from the threat of explosives through detection. Solutions targeted are either near-term or more in-depth for suicide bomb and/or leave-behind bomb detection.

II.

Scope of Work

Phase III consists of the following tasks: completion of the final design, fabrication, assembly. installation of the prototype backscatter imaging system at Rapiscan Systems for test and evaluation; and project management. Phase III also includes installation and customer acceptance test and evaluation at a govemment-furnished test site as part of the delivery of the system to DRS S&T. For the purposes of this SOW, the government test site is assumed to be the Transportation Security Agency Technical Center located in Atlantic City, New Jersey. After the selection of the government test site has been finalized, the Coruractor shall update the program plan and budget (if required) for relocating the system to the test site.
The period of performance for Phase III is twelve (12) months.

Project Milestones for Phase III include the following: • • • Phase HI Prototype Fabrication and demonstration Factory Acceptance Test Phase III Prototype Installation Customer Acceptance Test

1. Phase III Activities
Contractor shall conduct the systems engineering and research to develop a prototype backscatter imaging system. Design goals are as follows: Subjects are moving. System providing 360 of coverage of subject
0

Distribution

IS

authorized to U.S. government agencies only. Contains information thai may be exempt from public

3

release under rhe Freedom of lnformanon Act. Before this S( IW is released to the public, approval is required by the Department of Homeland Security Directorate of Science and Technology.

imaging

of explosives

and explosive devices on suicide bombers through clothing,

backpacks, and other packages.

Radiation dosage which meets the requirements of A\;ST Standard 43.17 "Radiation
Safety for Personnel Screening Systems Lsing X·Ray."
will evaluate

The Government basis of: •

the performance of the b.H..kscattcr imaging system on the explosives and explosive devices, as a person walks

The ability to image concealed through the imaging system. The safety of the system permitting The potential

screcuiug the general public.

specifically
events.

application of different deployment scenarios that optimize the protection for large gatherings, points of interest. transportution systems, and special

Contractor shall fabricate the prototype system, install the imaging software, and prepare the Operator and Maintenance Manuals. A test matrix will he developed in collaboration with DHS S&T to demonstrate the capabilities of the system to idcutify suicide bombers. The Contractor shall conduct a Factory Acceptance Test and then deliver ..nd install the prototype in a DRS S&T facility. A Customer Acceptance Test will be performed and the appropriate DHS and TSA personnel will be trained in operation of 111(' system. Prototype Backscntter Imaging Phnse
Item
1. 2. Kick Off Meeting Monthly Reports Monthly
)IJ

Task'l

Time After A\\;lrd Within 3 weeks

3. 4. 5. 6. 7.
7.

Interim Progress Review OPR) and Report Prototype Fabrication Prototype Delivery and Installation Factory Acceptance Test Provide support for Government testing
Final Reports and Review

Report I week prior to IPR Review: 3 .\lollths 9.\lonths 10 Months 10 Mornhs 12 Months Lr(lIl task completion

2. Test and Evaluation
Factory Acceptance Test (FAT). Coruractor shall conduct a Factory Acceptance Test, developed in collaboration with llHS S&T. Contractor shall submit ,til presentation materials at the conclusion of the FAr. including test results.

Customer Acceptance Test (CAl). Contractor shall conduct a Customer Acceptance Test once the prototype system is delivered and installed in a DBS S&T facility. The CAT wilt be
developed in collaboration with DIIS S&T.

DiSTl ibution is authonzed to l·.S. government agencies only. Contains informatron thaL may be exempt from public release under rhe Freedom of Information Act. Before thi~ SOW is re-leased to the public, approval is required by

4

rho':' Department of! lomeland Security Directorate of SCIence and Technology.

3. Program Management Contractor shall maintain and implement a Management Program. which clearly defines how the development effort will be managed and comrolled. Contractor shall organize. coordinate, and control all internal project activ ities (including those which are assigned to subcontractors) to ensure the correct and timely delivery or all supplies and services specified in this contract. Contractor shall provide a program management function to manage all technical performance, cost, schedule, and delivery requirements of this Program. The Contractor shall report progress at program reviews and with presentation materials. The Program Manager shall be responsible for coordinating and managing the efforts of the Rapiscan subsidiaries: Rapiscan Security Products (located in Torrance, CA) and Rapiscan Systems Neutronics and Advanced Technologies (located in Sunnyvale, CA).

III.

Other Contract Details

1. Period of Performance, The period of'perfonnance for this Phase III ~OW is twelve (12) months from the completion date of Phase] I. DHS may give subsequent extension notices to Rapiscan Systems High Energy Inspection Corporation in writing for further performance in accordance with the terms of chis SOW. Travel. The DHS Explosives Division Director and the DHS 5&T Special Assistant for International Policy must approve all foreign travel in advance. 2. DHS-Furulshed
a.

Information.

DHS will provide certain DHS information. mal .... rials, and forms unique to DHS to Rapiscan Systems High Energy Inspection Corporauon to SUppOt1 certain tasks under this SOW.

b. The DHS S&T Technical Representative identified in chis SOW will be the point of contact (POC) for identification of any required information to be supplied by DHS. c. Rapiscan Systems High Energy Inspection Corporation will prepare any documentation according to the guidelines provided by lJH.5. 3. DHS-Furnisbed Facilities, Supplies, and Services. If work at Dl-iS-provided facilities is necessary for the services being performed under this SOW, such facilities will be provided at S&T's office in Washington, D.C. Parking facilities arc not prodded, however several commercial parking facilities are located near S&T's office. Basic facilities such as work space and associated operating requirements (e.g., phones, desks, utilities. desktop computers, and consumable and general purpose office supplies) v. ill be provided to Rapiscan Systems l ligh Energy Inspection Corporation personnel working in S&T's office,

Distribution is authorized to U.S. government agencies only Contains information that may be exempt from public release under the: Freedom of Infcnnanon Act. Before tlus ,~~ is released to the publrc, approval is required by IW the Department of Homeland Security Drrecrcrate of Science and Technology.

5

4. Place of Performance. Rapiscan Systems J Iigh 1~l1ergyInspection Corporation will perform the work under this SOW at Rapiscan's Sunnyvale location Ul the location ofa subcontractor.
5. DHS-Fu roisbed Property. L>J JS property \-It it! not be provided to Rapiscan Systems High Energy Inspection Corporation unless otherwise agreed in a task order issued under this SOW. In such instances, DHS 'W ill maintain property records.

Before purchasing any individual item equal to or exceeding S50,OOOthat is required to support technical tasks performed pursuant to this SOW, Rapiscan Systems High Energy Inspection Corporation shall obtain the UHS S&T Technical R..:prl!sentative's prior written consent. The DHS S&T Technical Represenrati vc may 10\\'('1 \)1' raise the aforementioned $50.000 threshold at his/her discretion and on written notice to Rapiscan Systems High Energy inspection Corporation. If the DliS S&T Technical Representative consents to such purchase, such item shall become the property of OI'lS. Rapiscan Systems High Energy Inspection Corporation will maintain any such items according to currently existing property accountability procedures. The DIIS S&T Technical Representative \\ ill determine the final disposition of any such items. 6. Deliverables. Rapiscan Systems High Energy Inspection Corporation wiIJ provide all deliverables identified in this SOW directly to the DIlS S&T Technical Representative with copy of the transmittal letter to the' Contracting Officer .

B.

. Deliverable Item Monthly Reports

-1----· [0 days ·-·-·-----s'i'im~arize~-te~h;r~_;;J. schedule, ~d Monthly, Due
month
after the start of a new
the next month.

1 Frequency

.

_._---- ....

_,

._ .._._--

_._----

---,

Comments

cost

performance of the project during the previous month and provides milestones for the te~}mical, schedule and cost

I

I Quarterly
'-- __
!

Quarterly, Due 5 days
Reports

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,.performance

before a quarterly ._
review

.

..__

..

of the project over the previous . : quarter and provides milestones for the next _ .. _.. .9.l!:~~er. __ . ..._
Scheduled in consultation with the COTR.

Quarterly ReVieW-+QUarterlY

_·guart ~a1;IYReYie~ t •v~a en s
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review

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; Final Phase III Report Factory Acceptance T tR It

--1-0
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i Due 30 days after completion of the

._-

-.. -

-,---~-----i

c~~ro~;~ Acceptance

_ ..... :.~~:~1!nic~.I'pcrr~r!r~~~.c~ period. -------1 Due 15 days after the completion of the . FaCIO!y'.=_\{".l..-eptanl:c Test. .--::-:-----1 Due 15 days after the completion of the . Customer ,\ccepta.'2_cc T~s;:.;t_. ...J
6

Distribution is authorized to e.S. government agencies only. Contains mforrnanon that may be exempt from public release under the Freedom of Information Act. Before this SOW is released to the public. approval is required by the Department of Homeland Securtty Directorate of Science and Iechnology.

rt

-.--,

~ ---- ... -One time

; Prototype Backscatter Imaging System

ri------

Due at-the (_:~StOl~~~~-Acceptance Test. This I is a 2-silitlJ backscatter x-ray imaging system I . and associated i~~S!!_lgcomputer. \
Due at the Customer Due at the Customer Acceptance Acceptance Test. Test.

1-'

Operator and Maintenance Manuals

- _. -----..... . -. One time

10 ne nrne . .

: Training materials

Da~a Del,verables; For prototype operation. Rapiscan shan provide Secure 1000 operating and system software*. image display and user interface which will be furnished to the government under limited rights. This will include the imaging data acquisition system and

readout electronics.
*Secure 1000 is a Rapiscan product line from which deli\ crablcs, both hardware and software, were derived. Engineering rights will be maintained by Rapiscan per pre-existing patents:

a,
b.

detectors"
Acceptance

Patent Number 6,094,472 issued July 25,2000 "X-ray backscatter imaging system including moving body tracking assembly" Patent Number 6.665,373 issued December 13,2003 "X-ray imaging system with active

Criteria:

Prior to delivery to the government,

a series of acceptance

tests wiH be

performed at Rapiscan's facilities: Factory Acceptance Test (FAT). Rapiscan shall conduct a Factory Acceptance

Test,

developed in collaboration with DHS S&T. Rapiscan shall submit all presentation materials at the conclusion of the FAT, including test results. Specific details of the FAT will be developed, during execution of the proposed R&D effort, to demonstrate proper function of the prototype and associated components. Baseline figures of merit will be established prior to the FAT. At a minimum, a "two-sided" imagi ng system, providing 3600 of coverage of moving persons. will be delivered.

Upon delivery to the government, a series of acceptance tests will be performed at a government site to be determined:
Customer Acceptance the prototype system

developed in
FAT
7. Program

Test (CAT). Rupiscan shall conduct a Customer Acceptance Test once is delivered and installed in a DHS S&T facility. The CAT will be collaboration with DHS S&T, but will closely mimic criteria established for the

Status Report, Rapiscan Systems High Energy Inspection Corporation will deliver a monthly program status report to the DI [S S& T Technical Representative and DHS S&T Resource Manager containing rnetrics pertaining to financial. schedule. and scope

performed hereunder,
8. Security

information.

risk information,

and performance

assessment

information

of all work

Requirements.

Distribunon is authonzed to U.S. government agencies only. Conrams information that may be exempt {rom public release under the Freedom of Information Act. Before this SOW is released to the public, approval is required by the Department of Homeland Sccuriry Directorate of Science and Technology.

7

a.

All work performed under this SOW is unclassified unless otherwise specified by DRS.

b. If classified work is required under this SOW, DHS will provide specific guidance to Rapiscan Systems High Energy Inspection Corporation as to which work will be conducted in a classified manner and at which classification level. If such DHS-guidance conflicts with applicable DOE guidelines. Rapiscan Systems High Energy Inspection Corporation will adhere to the applicable DOE guidelines. Rapiscan Systems High Energy Inspection Corporation will also adhere to other applicable Government orders. guides, and directives pertaining to classified or confidential work. This SOW may require access to information at the FOUO level.

IV.

Points of Contact
Points of Contact (POes) are as follows:

Rapiscan Systems High Energy Inspection Corporation • Technical POC(s) - Ed Franco 352 East Java Drive

Financial POC(s) - Ed Lebaker 352 East Java Drive Sunnyvale, CA 94089~1328

a

Rapiscan Systems High Energy Inspection Corporation poe upon notice to DHS S&T of such change.

may change the individual designated as

The DHS POCs are as follows: • DHS S&T Technical Representative - Mike Shepard Department of Homeland Security ATIK: Science and Technology Directorate/Explosives Division, Mike Shepard W DC 20528

Financial

Analyst _. Shaun MacKe ever

Contractor in support of the Department of Hom eland Security 8
Distribution IS aurhonzed to U.S. govemment agencies only. Contains inforrnauon that may be exempt from. pubhc release under the Freedom of Infcrmarion ACT. Before thiS SOW is released to the public, approval IS required b}< the Department of Homeland Security Directorate of Science and Technology.

Science and Technology Directorate

W

DC 20528

DBS S&T may change the individual designated as a POC upon notice to Rapiscan Systems High Energy Inspection Corporation of such change.

9
Dtstribuuon is authorized to U.S. government agencies only. Contains lnforrnauon that may be- exempt from public
release under the Freedom of Information Act. Before this SOW is released ro the public, approval is required by the Department of Homeland Security Directorate ofScience and Technology.

\

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Statement of Work for R:lpisean Systems High Energy Inspection Corporation
(l.S. 1l\!llurtmCrit of llomehand SC4:u.rity

Science nnd T«hnoloK)' Dirt'Caorate ":xplo.oIIivcs Oh'ision I. U~ckgnmnd

fhc lI.S. Lk~pal1mLllll of 1I,IJIlcland SI.'Curity (DIiS) is commiaed til using cuUing·.wge IcchJlulllgi\:~ .mll llCiclllii'ic udem to mak.e "Illcri~a s1Ift,.'r.Tbe DIIS Science Jnd Technology (S&T) Dircclllr.t!c is tasked with researching and organizing the scientific, cTlgin(.~ring:,and tcchuclcgicut resources of 1110: Unit e d Slat~ and leveraging th ..~ existing: resources into tcchnl,\ugicallu."h; HIhelp pr'ltc~1 Ihe h,~mdalld, The ('(ltnttcr- Improvised Explosive Device (C·I ED; Program supports this \!ITufI by fQ~using on protecting the homeland from me Ihn:at of lED explosives through deterrence, prediction, detection. defeat. and mitigation. Solutions targeted nrc ehher nc~r-term or ilion: in-depth for Person Borne (PS,1ED). V~hjcle Borne (VBile!», and/oe I.,"IIve Behind ~I,RilED) lED detection,

II.

Scopeof Work

The purpose nrum SOW i~ 11.1 extend the period Or~rf~lrm;mi.-": and add nddilional funding to the IISI IQUC-II,:'-C-00031 contract. The Rapiscan High Energy Inspection Corporation is developing a walk-through backscatter x-ray detecricn system ilnd due eo the complex nature of this R&D effort at h~U1Jadditional runding it> necessary complete pf~yiously sch«luled tasks to meet /Ouchgoals, Specific tasks include the following:
final dcvelcpment of the :>r;.R,ay source nnd Ch'IPP~I' \\;I\eel, Ttl~k$ include: .'\.::hie\ in~ the f.'quired image resolution by maimaining:1 small X·my focal ~POI ..Illhe nigher power 0)' pcrfbrming research on custom X·Ray WU('l.:~·S willl ~milll ~pots and a '.HJ-Jcgr.;c fan beam hnplemcnting u SlraJcgy fur cooling the more I"'lwerrllt source D":'iignil1gand building a hlghcr speed Ch(lPl1C1" wheo:l inciliding.lhc

a.

h.

c

invcsligati~>n

materials [h.u would centrifugal (hrc ..li ;11 5,000 RPM. '
of iUl.:nU:Hing

pNvi.tc

the yield

~lrcI1g1h 1.U

withstand

ihe

4.

Provide ,mini,,!; m.lIIuall. and a ~ ·duy I~ini"g location.

cll\,;~ tor DHS operators

~t the I.:-;Iing

HS HQDC-OS -C-OOUJ2
1)1~I(lhUI"'n 1~'1II100li/ed II' l!'" !;nWnllllCIII ~Ig~nci..:s "lily

,d,·as. unoJerIh" !"o:.".k'in 'Irhllh'l'll:1Ijllll
me l)ellllrUll<'1Il

",f

ACI. 1'.:1,,1'1:thi. SOW I~ rdo;ntsc.l to Ih.: public. ;1J1pro"~1 U"IIlI.·!alll.l s~cum)' 1l"."lllIlIlc ,If S"j.,JlC~.mll Tc.:hlll.'J~)",

Clll1taln~ Infllnnalj"Tllhltllltu)I

be .:~cmpl Inn!! lIulllk
j~

required bt

IWfl!:;JjVj;mhks

i
,

Prll&ir;m":I;~l'nlProjC\'1

!
:

C',"nplei;; dc..~i;;;;;'~;'l-·~. :\c~liC\.c·~cquiredimage ~hiil~l~- --_._-;( r ~ by_.
I of prOllltYI)C

T -T-- -

-

Mnjor TIIsks

. --

T ..--KeY·\·lii;"i(;.it; iln'd" .--;
;'~;;;rl~i~ i)H;toiYI;~;"- '- - 'f
~:-,~Io:mre:lI.b lor InlR:o.ili.m Dt'lh'crH bin :
1,1 tio vcrnrneru;

I
,

!

mamtauung a small X-r.l) focal spot IlIlhe high~'r power by perlbrming research on CllslUIII X·Ray source'S with small ~pot5 and :t
'1I1-dcC;rcc fan beam

months aner c;Olllmct
award

,hie 6

1

Implt!nlcm strategy for cooling the more power till source;

. Ocsig.n and build a higher speed chopper wheel.
Justa II sysh:1'Il ;\1 lesl 10000tion

I'ack.ugilll!- and shipping system to an 1:'1$1 coast OHS testing location. InstullDlion of the system at the testing
Pro\'idc training ffillnuills lind II 2·day truining CI3!i5 for DHS operators at the
testing tocation. IOl!lIlil)n.

• rnslidl sYfttcm at testing
location: due

after contract award • Provide training manuals and class for opc:nfor5; due 12 months after award

a months

.

I•.•

._.

....

III.

Other Contract Details
I. Period orl'er'orntann. High Energy The period of'performanee for this SOW is 12 months after the c.. trncl ;lWUl'd m date, DHS mny give subsequent ~xt~ion notices to R.lpiscan Systems
with the Lenn.~of this SOW.
In~pcction

Corporation in writing for fUr1hcrperfbrmance in accordance

2. TI'1Ivel. Trawl may be required in the performance of the dUli.:s listed herein. It is anticipated that travel will hi: limited to contim:ntDI United States The DHS S&T Technical Representative must approve all ndditional trnvel. Alltravel and other direct costs ~i;ll~ with til.: execution orlhe: tasks indicated in this SOW will be reimbursed in accordance with the limits set forth in the federal Travel Regulations. provided [he performer provides appropriate slipponing d(l(;umentation.

3.

DfI:i-Furni:J1hed InforDilltion.

HSHQDC-Os·c·ooon

2

Oi~lrl~IlIi"11iI> aulJlIln~.:d 1(1 U.S, g.w.:rnmt·1l1 a~cnd~1 "nly. Cl'nlajn~ intbnllllli!lll Ihal ma~ be exempt rrom puhlfc release unoer the Fr;~d'lIll or Inl('TIIml;"n Act. Rt'ror~ Ihis SI)W is ,cI~.~~LI to the- public. <ll'l'ro\al i~r~quircd b)' die lJo:pllr1mcl1l "f Ii,'mdand ~c~lIrit)Dire.;ll'l~.~ ur S.:)~nc<: wW T~~hnolll~Y.

DIIS willl)n11 ide cenain

m IS inf,.rm;ullm.

materials ... nd terms unique IU DHS In

R'lpiloO:;ln Systemll Ililth Fner!:!.)''111~fX'(ljon Corporation to support certain tasks under this.

sow.
'111':

[)IIS S&'T T~chnkal RCllr~~':Iu;lIi\'~ j,Jentitil!d in this SOW will he the point of ",mta~t (1)0(') lor id":lllilic'lljUI1 .1J'.\Il) r.:'ltljr..:~1 inromulion 10 be supplied by DIIS.
Ihpis.:un S>su:m~ lIiSh En~r~~ 1r1~lll.'ctiun Corporatioa ;b:c,mling ttl tlW guiddin<s l,r,·,\"ldeo.:l ~ 1)IIS. b

will pr..:p.,r.: 1111)'doeumcmuuon

4.

"IIS-I-'unli~h.:d FIiCilllic:s, Supplies. fUIIJ Sc:n-iC:lI5. It'wt,Jrk at DUS·prm i.k'll laciliti~'S is nCI."t:ssary tor the ~"r\"kl:s bclng p!:rtbrmt.-J under thi~ SOW, such facilities will he provid ..:d at S&r'i office in W:1shin~u.lrI, D.C. lJarking I~dlities arc not provided, however several commercial P:LI'killg facilities are located near S&T's vlli.:c. B;I..ic l"a1;i1ilic~ such ~\S\~"I·k.slla~ ... Jnll 'hsIl<.:ialcd op~ri.ltillY requirements (e.g .• phones, o..I\.~k.s. ulilili.;s. J.:~ktl'P ';OIIl!I\lI.:r~, ;lIld consumable and g.:rwrnl purpose om~ supplies) will bI: previded II) Rupisl:an Sy:.lcm:. High F.n~rsy Inspection Corporation personnel working in
S&"T's llffiC"C.

S. I'hu:e uf PnfOrlnllDH. Rapiscan Systems High r~ner!JY Inspection Corporation will perform the .... 'Urk under this SOW at Rapiscan's Suno)'\'alc Iocation or the locatlon ofa subcontrecter, and lit the test site upon delivery.

6. DIIS-Furnished

Prnpcl1y. DHS P1'Opl.!rtY will not, be provided to Rapiscan Sysh.:nls !-ligh Energy Ins~etion Corpcratlen unless otherwise agreed in :l task order issued under thi~ SOW. In I>uch instances. DHS will mainrain property records,
I1n), individual item equal to or cx<:cl.:ding SSO.OOO thl1.t is required to technic .. 1 tas.k! performed pursuant to this SOW, Rapisean Systems f litl,h El1L~rgy lnspecnon Corporatlon shall obtain ibe DHS S&TTcc.lmical Representlltive'5 prior ",r;n",n consent. Tho: OilS So!:; r Techeleal Rt;;prescntative may lo w er or ralse the

Before pllrchil~ing

slIpport

aforemenrioncd S:'IO.OOOthreshold a hisiher discretion Itnd on wriu,;n notice to Raplscan Systems High Enc'l!Y Inspct:lioll Corporatlon. If the OHS S&T Technical Rcprcsentatlve consents to such purchase. such item shall become the property ot' DHS. Rapiscan Systems High Energy Inspcctkm Corporation will maintain an.>' such items Recording 10 ,;um:ndy existing property [Ic.;ounlnbllity procedures. The DHS S&:T Technical Represemauve will dct..:mline the final disposition orallY IIl1chitems. 7.
D.Uverabltl5. Rapiscan Sy~lem!i High Energy Inspection Corporation w iII provide all deliverable! identified in this SOW directly to the: DBS S&T Technical Representnuve

with a copy orrhc transmlual Ieuer to the Cornracting

Officer.

AI.'"(l!ptnm;e CrileriQ. Deliverables OriS to verify thai each deliverable

shall be subject to testing. review, and acceptance satisfies DHS's applicable acceptance criteria. HSIIQDC'-05-C-OOOJ1

by
;l

[)i'trit1lltion I~ant!l"ri~~.J I.J S. govcrmucnt a~~nCi~S "Illy. (\"\I.lin~ j.rt".:.rmntioll Ihm 1111~' ~~~II'(l1 (,,'m I'ubh, I.., be ,(I~a.~<IIl11krlh. l'I't'~Il('tn "fhlfnrnmli"ll ,\CI. Bell·re Illlll"')1,1,' l~ rdc:.,cd 10 the I'ubli.:. :IPIl,ma] is rcqutwl h) Ih~ !lc:pilrtmcniort-I"mclllnd S~cllrity l.lirc~lolllt<: f S~I"tlC': :'Ild l'.:dll1lJlollY a

mean tho: crircria developed by OilS determine whdhcr il li.lTacceptance b} DHS :lnd may include, without limil~\tion. requirements Ihnl tho: appliceble deliverable: ti) hils been comptcted ;Ind deliver .. dfllchic\'cd :1~Ctlrdillg Iu this SOW; (ii) IIlcct~ or .:xct.'t:d.. the idcllliti.:d n....uio;mtnn in lhi!> SOW, ind~lding. tlut not limited to tcchnkilI5pcdli~lllj(1Il'i ' anJ performance ~lan,lanls.: :lnd (iii) L'nn,plies with such other o.:rit.:riaas may 1>0.: developed Ilnd ilgwed on by !)lIS and R:ipi~an ~ystc.'Jns High En~·rg.)'lnspeeuon Corporation . Dcliverahle» fur which lJIlS wishes 10 dewlap acceptance criteria will be itlel1tilio:d by DHS, in \IIritin~. prior to initiation urany work on such ddi"crilble~. mid Rapiscan SY'item~ Hig.h E.nergy Inspct·.tiM Corporetlon will :l8r~ in writing on Ihe iI~'CepIOIlCe criteria associated with su..::hd~livcr:l.bles.
"A(;.o;'C'Pl:l1ll:1.!' criteria"

Jeli\,<O!'r;lhlt' i~ fcaJ~

to

nus

ufNf",cr"'furHdt;e.~. lfa dl!livcrable fails to meet the n:1C\'ant at:.:epl;U1cC erireriu (each such faHur.: or (kt1cicncy is rc:fl.'f1'~ to us a "nonconlormily"), IlliS will provide written lI\llili..::Jtion 10 Rapiscall Systems High Energy Inspection Corporation of such 1'lihJrl~.lIpm rocciving ~uch notice, Rapiscan Systems High Energy Inspection Corporation will inform DHS in writing of the costs asSO{;iated with correction and proposed aO;;liLms tll correct. Corrective l'CCiOn5 will not be wldertaken umil additional funding has been recelved II~ well as .:lear written guidaltCl: us 10 whnt actions arc: authorized, The: corrected noncol1formit)l will be redelivered lQ DI-IS, who willlhcn cootinn in wri1ine whether the n.-delivered deliverable <:iInforms 10 and satisfies the appliCllblc ilc~'eplance criteria, The process described in this section rna)! be repeated as necessary until allnoncontormitics are corrected and the deliverable conforms to and satis tics its aeceptauce cri teria or ~lIItil either party rca.s onably determines that continued etfons would be unsuccessful, DHS will cover all expenses associated wilh these correctlve activities.
('01"<'(#('"

7. PmgnnJl StlltU:!' Report, Rapiscan Sy~m5 Hijlh Energy Inspection Corporutlcn will dt:liver (l moruhly program status n:port due thl: I Slh of'each month to the t.:lUS S&T Technical Representative. OilS S& E.;t.plosives Operations ~'anagct, and DHS S&T Financia1 Allillyst cOl1talning melrics penllining to financial, schedule, lind s':0l'p intormation. risk intofmati<ll1. and performance assessment information of all work performed hereunder. S. 1,'undiDI Re4luircment.!l.· DBS will provide funding ro Rapiscan Systems High Energy lnspection C .. ·f10rari'Jn in accordance with DHS's Ilppropri4tions iUld available funds. H Requested f\JIldinS is $175,000. 9. Se~urity Requirtmemu.
!\.

All W<lrli performed

under this SOW is unela."-$ificd unless otherwise specified by DHS.

b.

rrCliL'i5ifiCii work is required under this SOW, DHS will provide specific guidance: 10 Rapiscan Systems High Energy Inspection Corporation as to which work will be conducted in a classtfled manner and at which elasslflcanon level. If such DUS·guidanc~ HSHQ[)('-OS-C-00032 4
t!.S·ll1\CmmClIl ilg~llci~~lll1l)'. Conlail1~ IIIfOimalllln Ihll1 molY he <:!\~mpCfmlll pultli~ Fr~~,Llm uJ'lllrllnnnli~'n ACI. Ilcfurl! Ihi~ SOW;~ rc!~'~~r:d I"~ pllllh~. oIf'lln1\'als required bv I~ i

IJistribllliv1I I. >Iulhu"/cutu

r~h:"M:und"r the

Il'~ l"'l'l"lm~"TII"j'H('mclilrnJ Se<.:ufltr Oil\'cl<1r:1tc...fS'o:n~e

:o~"Tec/mol"IIY.

conflicts with upplicablc IX)F glli.t.:lin('s, Rapiscan SYM~'m~High Energy Inspection C~I'l"m\tiL.ln will 'ldh~rc to tho: apl'iicabl..: DOE guid.:lll,o.'s. R:lriliC~n Systems High
EnC'f!~), hUpct.:l

guides, ami dir.:cli\ e-1p.:nAilling II) classified or l!onlid"'11tialwork. 111;$SOW rna)' require ;\~'O:o:...~ t., inli'fm;!Ii<IIl'1t th\.' FOl'O level,

i"., C\'rpM,1I

i"ll

WIII also :1,In.:n:

I~~ other

applicable

Government

orders,

IV.

Points or Contact

R;lpis.:an Sy$lem~ J liSh Energy lnspectlou C~rporalion Puinl:> \,If C,)IIlaCI (POCs) nrc as I;;'Uows: Tecbnh:al I'OC(S):

.P~~'I Sl.r~'!h~ ' .• ~;J~;j!.I'I;tc:-!~r._,:~~ ...rll.!'~
~1 ..

,n",,, .. IC.

"

CA

~\IS.~~ ~$.:;}

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'J4us""l111 ~
I)ri ve

.. ~"'~""""'."'---""" .... ~ · _~I' " ....
-'--

. DlIeted:

""1-"~.1"IO .... llI6

• ID

Finaacial POC(s): .1~'l..:m.!1hll! .;l;iL.!ll].I.!!!1 ~~I

• : J'OnIId'JId:

:~ ~._~

.-....
~:

..___._ ..........
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:-. .

,97;"

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.I" __ ... _.~., ... __ ...... -.1 .... --..--...

· ~:

1'4 L.boIoo,

Rapiscan SY!tlems High Energy Inspectlon CI)rponniol1 mil)' change Ihe individual designated as
a POC upon notice
til

(~;;I;';;';;:;;';'-;;;·~

-IQ1I-71l-171O .'alll

I

IJHS S& T of such change,

.~_---- --..... ....

__ ... - ..

~~ ..",-

'Jh~ Ol-fS POC~ are as follows:

DHS S&T Teehllic:al Representative:
Mike- Sbl:par,1

Dc:pDrtment or H(llUcland Sec\lrilY Science and Technology Directorate
Explosives r>i~isi.,n

DC 20582

DHS S&'f Explosives Operations Wallld:i Tapscott Explosives Division

Manager:

HSIIQOC-O!'-C·00032

5

1);,tribtil;"11 ;. ilulh,.ri",d l<1 u.s. gm crnmern all~ncks I)nl),. ("')maills Infi',rnmrirm Ihal ma~ 1><: ~cnlpl f~,tT1l'ublj.;, e rcl~OISCun,kr Ihe Fr~<J()n11lf Inli'rm:IIKtn ,\~t. llcfurc this SOW is rcl~,,«:oJ tl11h~ pll~li~, apj1n''',,1 l~ r~'lulr~d hy Il.... ncpa{1.m~JIl nt' H<lInclaml S.~"'ilY L>1n:~'1',lran: !ickn~~ 3nll rc(ilOOI"lIr ,'If

Dcp;vtment ofllmudrnld

Science and Technology Directorate ~cur;l)' DC 10582

[)KS SoScT "inllllc:ial ,\nalysl: Shaun I\tacK':~\o'.:r
Contractor ill Support of Department of Homeland s.:o;:urity

Science and Technology Directorate

-.IIIiII .. Fa.'(~102·254·5.191

F.:.;pl"sivl:s Division Washingt()n. DC :20582

DHS S&lT may change the individual designated as a POC upon notice to Rapiscan Sysoems
High Energ>" Inspection Corporation Ctrsuch change.

HSHQDC.05.('.OOOJ2

6

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Ih~ ''''p ....rn~nI "f Ilull,..kmli l S«Ufll), l)"c~t"'Dle .'IS."il!rtcc :1M T~~hnDtog)

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