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39 -- Gravity Roller Conveyors, Peripherals and Accessories - Package #1

Notice Date
Notice Type
Combined Synopsis/Solicitation
333922 — Conveyor and Conveying Equipment Manufacturing
Contracting Office
Department of Homeland Security, Transportation Security Administration, Headquarters TSA, 601 S. 12th Street, TSA-25, 10th Floor, Arlington, Virginia, 20598, United States
ZIP Code
Solicitation Number
Point of Contact
Margaret Butler, Phone: 571-227-3966, Kevin C Newton, Phone: 571-227-2378
E-Mail Address
margaret.butler@tsa.dhs.gov, kevin.newton@dhs.gov
(margaret.butler@tsa.dhs.gov, kevin.newton@dhs.gov)
Small Business Set-Aside
Total Small Business
Schedule Specifications PDF Combined Synopsis Solicitation PDF version (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) The solicitation number is 70T05018Q9CPA4004 and is issued as a request for quotation (RFQ). The acquisition is being conducted as a simplified acquisition pursuant to the authority of Federal Acquisition Regulation (FAR) Subpart 13.5. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96 - effective November 6, 2017. (iv) The acquisition is set-aside for small businesses. The associated NAICS code is 333922 with a small business size standard of 500 employees. (v) A list of line item numbers and items, estimated quantities, and units of measure (including options) is included as an attachment to this announcement. (vi) The requirement is for Roller Conveyors, Peripherals and Accessories delivered. (vii) The contract will consist of a one-year base period and four option periods of one year each. Base Period: January 25, 2018 - January 24, 2019 Option 1 Period: January 25, 2019 - January 24, 2020 Option 2 Period: January 25, 2020- January 24, 2021 Option 3 Period: January 25, 2021 - January 24, 2022 Option 4 Period: January 25, 2022 - January 24, 2023 Note: Dates above are estimated. Actual contract dates will be established based on the date of award. Dates and places of delivery, acceptance point, and FOB point will be identified at the delivery order level. Deliveries may occur anywhere in the Continental United States (CONUS) or US States, Territories, or Possessions Outside the Continental United States (OCONUS). (viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. The following addenda apply: Paragraph (h) "Multiple Awards" is deleted and "Reserved". The Government will award a single Indefinite Delivery-Indefinite Quantity (IDIQ) contract as a result of this solicitation. Paragraph (m) is added as follows: "(m) Data Universal Numbering System (DUNS). Quoters shall include their DUNS number in their quote." (ix) The provision at 52.212-2, Evaluation-Commercial Items does not apply. The following evaluation procedures will be used: Award will be made using a lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary. The LPTA process will proceed as follows: 1) Quotes may be removed from consideration for, but not limited to, the following reasons: Quotes that are not received timely Quotes that fail to follow the instructions in FAR Provision 52.212-1 Quotes that fail to submit any required documentation Quotes that have language inconsistent with the terms and conditions set forth in the solicitation 2) Quotes will be ordered by price from lowest to highest. 3) The Government will then review Factor 1 of the lowest priced quote. If the review finds that Factor 1 of the lowest priced quote is acceptable, the Government will then evaluate Factor 2 of the lowest priced quote. If the review finds that Factor 2 of the lowest priced quote is acceptable, that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters. If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue (in order by price) until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably. 4) USING THIS PROCEDURE, THE GOVERNMENT MIGHT NOT EVALUATE ALL QUOTES. (e) Each Factor will be evaluated as follows: Factor 1. Technical Acceptability Technical Acceptability will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - A quote will be rated as "Acceptable" if all quoted products meet or exceed the applicable specifications. Unacceptable - A quote will be rated as "Unacceptable" if any quoted product fails to meet or exceed the applicable specification. Factor 2. Past Performance Past performance will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.) Unacceptable - Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort Note: In the case of a quoter without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable." Note: Quoters are not required or requested to submit past performance references. The Government will use public and Government-restricted sources (e.g. PPIRS) to evaluate past performance. Factor 3. Price Price will not be rated. Price analysis will be conducted to determine reasonableness. (x) Quoters are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items with its quote. Quoters shall complete only paragraph (b) of this provision if they have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) through (q) of this provision. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. There are no addenda to the clause. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition. The following FAR clauses cited in the clause are applicable to the acquisition: From Paragraph (b) (1) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402) (4) 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). (8) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note) (9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313) (14) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) (16) 52.219-8 Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)) (19) 52.219-14 Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a) (14)) (22) 52.219-28 Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)). (25) 52.222-3 Convict Labor (JUN 2003) (26) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126) (27) 52.222-21 Prohibition of Segregated Facilities (APR 2015) (28) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246) (29) 52.222-35 Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (30) 52.222-36 Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793) (31) 52.222-37 Employment Reports on Veterans (FEB 2016) (32) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (33) 52.222-50 Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627) (35) 52.222-59 Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (36) 52.222-60 Paycheck Transparency (Executive Order 13673) (Oct 2016). (44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513) (48) 52.225-1 Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83) (51) 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) (57) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (JUL 2013) (31 U.S.C. 3332) (xiii) The following additional contract requirements or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are applicable: FAR Clauses: FAR 52.216-18 Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01.25.2018 through 01.24.2023. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. FAR 52.216-19 Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $200, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $150K; (2) Any order for a combination of items in excess of $150K; or (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 52.216-22 Indefinite Quantity (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 01.24.2023. (End of clause) FAR 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.aquisition.gov/far FAR 52.212-4 Contract Terms and Conditions - Commercial Items (JAN 2017) FAR 52.247-34 F.o.b. Destination. (NOV 1991) HSAR Clauses: HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions None (b) Clauses. 3052.205-70 Advertisement, Publicizing Awards, and Releases 3052.242-72 Contracting Officer's Technical Representative 3052.247-72 F.o.B. Destination Only. 3052.209-70 Prohibition on contracts with corporate expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. 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 national security. (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 1986 (without regard to section 1504(b) 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, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. 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)- (1) The entity completes 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 stock in the domestic corporation; or (ii) 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 of such 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 determining 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 an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (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 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such 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 the Homeland Security Act, 6 U.S.C. 395(b) 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 interest's incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) 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. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) Special Contract Requirements: Delivery and Shipping Delivery All orders shall be delivered within thirty (30) calendar days After Receipt of Order (ARO). Shipment Notification For orders placed using a P-Card, within twenty-four (24) hours of order placement, the Contract Holder shall send notification to the email address specified by the purchaser. This email must include the order number, shipping method, i.e., Fed-Ex, USPS, etc., and tracking information (where applicable). Ordering: (a) Authorized Ordering: Purchase Card users are limited to the micro-purchase limit (as defined in FAR Part 2 at the time the order is placed) per order. Ordering Officials are limited to $25,000.00 per order. TSA warranted Contracting Officers are authorized to place orders against this IDIQ, limited to their delegation of authority. (b) Delivery tickets. All shipments under the contract shall be accompanied by delivery tickets or sales slip that shall contain the following minimum information: (i) Name of supplier. (ii) IDIQ contract number. (iii) Date of purchase. (iv) Purchase number. (v) Itemized list of supplies furnished. (vii) Date of delivery or shipment. Order Acknowledgment: The Contract holder shall: • Provide a receipt to acknowledge the order. • Notify the ordering activity if an item is out of stock. • Under no circumstance is the Contractor permitted to make unauthorized substitutions. • Seek approval for partial shipments, prior to delivering, from the CO, Contracting Officer's Representative (COR), or authorized purchaser prior to ordering. • Indicate unfilled orders and partial shipments on the order acknowledgement. • Contractors must inform ordering organizations of the availability dates for unfilled and partial shipment orders. • Partial shipments now allowable for ordering using the P-Card as the payment method. • Provide a shipping notification. Provide an automatic tax exemption, where applicable, for all purchases covered under this IDIQ. G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015) The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned: TSA Contracting Officer: NAME: Kevin Newton PHONE NUMBER: 202-631-3110 EMAIL: Kevin.Newton@tsa.dhs.gov G.5200. 242.001 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND TECHNICAL MONITORS (JUL 2015) 1. The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action. 2. The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated. TSA CORs: NAME: PHONE NUMBER: EMAIL: 3. The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing. 4. The responsibilities and limitations of the COR are as follows: • The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract. • The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor. • The COR will maintain communications with the Contractor and the Contracting Officer. The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer. • The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant. • The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract's price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. • The COR is not authorized to direct the Contractor on how to perform the work. • The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order. • The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order. 5. The responsibilities and limitations of the TM are as follows: • Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action. • Monitoring the Contractor's performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor's performance is strictly within the contract's scope and obligated funding. • Ensuring that all recommended changes in any work under the contract are coordinated and submitted in writing to the COR for consideration. • Informing the COR if the Contractor is not meeting performance, cost, schedule milestones. • Performing technical reviews of the Contractor's proposals as directed by the COR. • Performing acceptance of the Contractor's deliverables as directed by the COR. • Reporting any threats to the health and safety of persons or potential for damage to Government property or critical national infrastructure which may result from the Contractor's performance or failure to perform the contract's requirements. (End of clause) G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015) "SUBMISSION OF INVOICES" (a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen). (b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference: 1) Facsimile number is: 757-413-7314 The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause. 2) U.S. Mail: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 (FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil) (c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer's Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices. Note for discounts offered: Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty-day payment period specified under Prompt Payment requirements; however, the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. (d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means: (1) Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week. (2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm (e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract. (f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer's Representative. Note for "time-and-material" type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a "time-and-materials" type contract, order, or contract line item: "The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract's specified requirements for the labor category invoiced." (g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.) (h) Frequency of Invoice Submission. After delivery and receipt. H.5200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (DEC 2015) (a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to TSA and compliance with safety standards and practices is a material part of this contract. A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of safety must be related directly to the work on the agreement. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan. (b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack. A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of security may occur on or off Government installations, but must be related directly to the work on the agreement. A major breach of security is an act or omission by the Contractor that results in compromise of classified information or sensitive security information or sensitive but unclassified information, including contractor proprietary information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000. NOTE: Breach of Security for the purposes of this definition should not be confused with breach of security in screening operations. (c) In the event of a major breach of safety or security, the Contractor shall report the breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its own investigation and report the results to the Government. The Contractor shall cooperate with the Government investigation, if conducted. (End of clause) H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015) This contract is for commercial item, as defined by FAR 2.1. (End of clause) H.5200.224.001 DISCLOSURE OF INFORMATION (JUL 2015) Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked. Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the requirements of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor's employees. H.5200.242.004 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) (JAN 2017) In accordance with FAR 42.15, the Transportation Security Administration (TSA) is required to report the contractor's performance under contract. The TSA reporting thresholds, in accordance with the Department of Homeland Security's (DHS) FAR class deviation, is $1,000,000 for contracts and orders for services, and $500,000 for contracts and orders for supplies. In order to support thorough and timely Contractor Performance Assessment Reporting System (CPARS) reports, the contractor shall provide a self-assessment of their performance within 10 days after the end of the base period and within 10 days after the end of any exercised option period(s) of the contract. The contractor shall provide a detailed narrative for each of the relevant evaluation areas (Quality, Schedule, Cost Control, Management, Utilization of Small Business, and Regulatory Compliance). The contractor may also provide their own self-assessment rating (Exceptional, Very Good, Satisfactory, Marginal or Unsatisfactory) per FAR Table 42-1 for each area for Government consideration. The following are elements to be addressed in each area in order to support the narrative and any self-rating: a) Quality: Requirements; conformance to specifications; workmanship; accurate reports/data. b) Schedule: Milestones; delivery schedules; administrative requirements; schedule variance. c) Cost Control: Causes and contractor-proposed solutions for cost overruns/underruns; contractor adherence to total estimated cost; billings current, accurate, and complete. (Not required to be addressed for Fixed Price type contracts unless specifically required elsewhere in the contract) d) Management: Contractor oriented toward customer; interaction between contractor and Government; adequacy of the contractor's accounting, billing, estimating systems and management of Government Furnished Property (GFP); effort devoted to managing subcontractors; risk management practices; supporting key personnel; replace key personnel as necessary. e) Utilization of Small Business: Small business participation goals stated in contractor/order; achievement on each individual goal stated within contract/order or subcontracting plan including good faith efforts if goal was not achieved. f) Regulatory Compliance: Contractor complied with contract clause requirements; complied with reporting requirements; complied with Quality Assurance Surveillance Plan (QASP); complied with specifications, reporting into databases as required under the contract, and reporting requirements in response to the solicitation provisions and clauses effective under the contract, or other requirements. The contractor should utilize the Guidance for the Contractor Performance Assessment Reporting System (CPARS) located on the CPARS website, https://www.cpars.gov/, to assist in preparation of the self-evaluation. The contractor shall submit their self-evaluation, preferably via email, as a MS Word or other Office compatible document to the Contracting Officer and Contracting Officer's Representative (COR) identified in the contract within the time period identified above. Standard USPS mail may also be utilized, if required. The TSA may consider the contractor's self-assessment, along with all available relevant data and information, when completing the contractor's past performance evaluation for each specific performance period. Submission of a contractor's self-evaluation is considered information regarding the contractor's performance and may not represent the final CPARS rating. Submission of this contractor self-assessment to the Government does not otherwise alter, change, or diminish any rights of the Government as expressed under Federal Acquisition Regulation Part 42 concerning the use of past performance information about any contractual vehicle. (End of Clause) Solicitation Provisions (will not be incorporated into award document) 52.217-5 Evaluation of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) L. 5200.225.001 NOTICE TO OFFERORS/CONTRACTORS CONCERNING TRADE AGREEMENTS TERMS APPLICABILITY TO THE TRANSPORTATION SECURITY ADMINISTRATION (DEC 2015) With respect to the following Federal Acquisition Regulation (FAR) provisions and clauses listed directly below: FAR 52.225-1 "Buy American Act-Supplies," FAR 52.225-2 "Buy American Act-Certificate," FAR 52.225-5 "Trade Agreements," FAR 52.225-6 "Trade Agreements Certificate," FAR 52.225-9 "Buy American Act-Construction Materials," FAR 52.225-10 "Notice of Buy American Act Requirement-Construction Materials," FAR 52.225-11 "Buy American Act-Construction Materials under Trade Agreements," and FAR 52.225-12, "Notice of Buy American Act Requirement-Construction Materials under Trade Agreements" Offerors are hereby notified that the TSA is subject to the World Trade Organization Government Procurement Agreement and the countries it includes as presently defined in FAR 25.003. Otherwise, the only other trade agreements that presently cover the TSA are the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement. Offerors must analyze their intended proposals and provide information in response to the required provisions accordingly. The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm (End of provision) L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL 2015) In the event of receipt of the Contracting Officer's final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Office of Acquisition in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer's decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Office of Acquisition, 601 S. 12th Street, Arlington, VA 20598-6025, or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate "APPEAL OF AGENCY PROTEST". (End of provision) (xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition. (xv) Questions regarding the solicitation shall be submitted by 01:30 PM Eastern Standard Time on December 13, 2017. Quotes are due at 01:30 PM Eastern Standard Time on December 20, 2017. Both questions and quotes shall be submitted electronically to Margaret.Butler@tsa.dhs.gov. No other form of submission is acceptable. (xvi) For information regarding the solicitation, contact Margaret.Butler@tsa.dhs.gov or by calling 571-227-3966.
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