SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30	1. REQUISITION NO.
2107207SSA002	PAGE 1 OF
1 of 32	
2. CONTRACT NO.
	3. AWARD/EFFECTIVE DATE
See block 30c	4. ORDER NO.
	5. SOLICITATION NO.
HSTS02-07-R-SSA002	6. SOLICITATION ISSUE DATE
TBD	
7. FOR SOLICITATION
    INFORMATION CALL	a. NAME  
Benjamin Van Wormer	b. TELEPHONE NO. (No collect calls)
571-227-3298	8. OFFER DUE DATE/LOCAL TIME
TBD	
9.  ISSUED BY
	CODE
		10. THIS ACQUISITION IS	11. DELIVERY FOR FOB	12. DISCOUNT TERMS	
U.S. DEPARTMENT OF HOMELAND SECURITY
TRANSPORTATION SECURITY ADMINISTRATION
701 SOUTH 12TH STREET (WEST TOWER)

		  UNRESTRICTED
  SET ASIDE:    100% FOR
  SMALL BUSINESS	DESTINATION UNLESS BLOCK IS MARKED
  SEE SCHEDULE		
ARLINGTON, VA 22202

		  SMALL DISADV. BUSINESS	  13a.  THIS CONTRACT IS A RATED ORDER
		UNDER DPAS (15 CFR 700)	
		  8(A)	13b.  RATING
	
		SIC:	
SIZE STD:		14.  METHOD OF SOLICITATION
		  Sealed Bid	  RFP	
15.  DELIVER TO	CODE
		16.  ADMINISTERED BY	CODE

		
SAME AS BLOCK 9		
17a. CONTRACTOR/	CODE
	OFFEROR			FACILITY
	CODE		18a.  PAYMENT WILL BE MADE BY	CODE

To all prospective offerors.

TELEPHONE NO.		
Transportation Security Administration
601 South 12th Street
Mail Stop RT-14A
Arlington, VA 22202	
  17b.  CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER	18b.  SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED	 SEE ADDENDUM	
19.
ITEM NO.	20.
SCHEDULE OF SUPPLIES/SERVICES	21.
QUANTITY	22.
UNIT	23.
UNIT PRICE	24.
AMOUNT	

	
SEE PAGE 2
					
	(Attach Additional Sheets as Necessary)					
25.  ACCOUNTING AND APPROPRIATION DATA
N/A	26.  TOTAL AWARD AMOUNT   (For Govt. Use Only)
	
  27a.  SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4.  FAR 52.212-3 AND 52.212-5 ARE ATTACHED.  ADDENDA    ARE    ARE NOT ATTACHED.
  27b.  CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4.  FAR 52.212-5 IS ATTACHED.  ADDENDA   ARE    ARE NOT ATTACHED.	

28.	CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO ISSUING OFFICE.  CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.	29.	AWARD OF CONTRACT:  REFERENCE ___________________ OFFER DATED _________________.  YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:	
30a.  SIGNATURE OF OFFEROR/CONTRACTOR	31a.  UNITED STATES OF AMERICA  (SIGNATURE OF CONTRACTING OFFICER)	
30b.  NAME AND TITLE OF SIGNER  (TYPE OR PRINT)
	30c.  DATE SIGNED
	31b.  NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
Guy Galloway	31c.  DATE SIGNED
	
32a.  QUANTITY IN COLUMN 21 HAS BEEN
	ACCEPTED, AND CONFORMS TO THE	33.  SHIP NUMBER
	34.  VOUCHER NUMBER
	35.  AMOUNT VERIFIED CORRECT FOR	
  RECEIVED		INSPECTED		CONTRACT, EXCEPT AS NOTED	  PARTIAL	  FINAL			
	36.  PAYMENT	37.  CHECK NUMBER	
32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE	32c.  DATE	  COMPLETE	  PARTIAL	  FINAL		
		38.  S/R ACCOUNT NO.
	39.  S/R VOUCHER NO.
	40.  PAID BY	
		42a.  RECEIVED BY  (Print)
		
41a.  I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT			
41b.  SIGNATURE AND TITLE OF CERTIFYING OFFICER	41c.  DATE	42b.  RECEIVED AT  (Location)		
				
		42c.  DATE REC’D (YY/MM/DD)	42d.  TOTAL CONTAINERS		
					
AUTHORIZED FOR LOCAL REPRODUCTION	SEE REVERSE FOR OMB CONTROL	STANDARD FORM 1449 (10-95)
Computer Generated	NUMBER AND PAPERWORK BURDEN STATEMENT	Prescribed by GSA - FAR (48 CFR) 53.212

TO ALL PROSPECTIVE OFFERORS

Section B- Schedule of Supplies or Services And Prices/Cost

B-1		IDENTIFICATION OF SUPPLIES/SERVICES

The contractor shall provide the following supplies and services in accordance with the terms and conditions of this contract.  The Government contemplates a five (5) year ordering period for this proposed contract vehicle commencing on the date of contract award.  All Contract Line Item Numbers (CLINs) will be activated by means of delivery orders.

B-2		TYPE OF CONTRACT

The Government contemplates a firm fixed price contract with Indefinite Delivery/Indefinite Quantity (IDIQ) Contract Line Item Numbers (CLIN(s)).  Delivery orders will be issued for all items as described in Section C of this contract.  

B-3		INDEFINITE QUANTITY CONTRACT – MINIMUM AND MAXIMUM AMOUNT

During the period of performance of this contract, the Government anticipates providing to the Contractor one or more delivery orders.  The Government contemplates a guaranteed minimum for this IDIQ of 35 software licenses with included maintenance, and a ceiling of 83 software licenses with included maintenance.  The Government will not be obligated to order more than the minimum stated amount under this proposed contract.  

B-4		CONTRACT LINE ITEM NUMBERS (CLINs)

The following line items will be ordered in accordance with the amounts set forth in future delivery orders:

CLIN	DESCRIPTION	UNIT	UNIT PRICE	
001	MANPADS Airport Footprint Analysis Software licenses	Ea.	 	
002	Software License Maintenance	Ea.	 	
003	Software Training	Ea.	 	
004	Software Modifications	TBD	TBD per Order	
005	Travel	TBD Per Delivery Order	 	

CLIN	DESCRIPTION	UNIT	UNIT PRICE	
001	MANPADS Airport Footprint Analysis Software licenses	Ea.	 	
002	Software License Maintenance	Ea.	 	
003	Software Training	Ea.	 	
004	Software Modifications	Ea.	 	
The offeror will provide a labor category, labor category description, and labor category rate list for CLIN 0004 – Software Modifications.  The Government will incorporate the labor categories, rates, and descriptions into the final contract document.  The Government contemplates issuing Software Modification Delivery Orders against CLIN 0004 as fixed-price labor-hour delivery orders.

B-5		SHIPPING

All shipping will be FOB destination.

Section C- Statement of Work

STATEMENT OF WORK
FOR
MANPADS AIRPORT FOOTPRINT ANALYSIS SOFTWARE LICENSES 

1.0	Requiring Office/Organization

Department of Homeland Security
Transportation Security Administration 
Office of Law Enforcement, TSA-18
Office of Security Assessments
601 South 12th Street
Arlington, VA  22202-4220

2.0	Introduction / Project Requirement

The Transportation Security Administration (TSA) has been tasked with the responsibility of securing our nation’s transportation systems.  Particularly, the Office of Security Assessments is tasked with securing the aviation community against the use of Man Portable Air Defense Systems (MANPADS) against commercial aviation.  Homeland Security Presidential Directives 5 and 7, the Aviation Transportation Security Act of 2001 (ATSA), and the Intelligence Reform and Terrorism Prevention Act of 2004 require us to conduct MANPADS Assessments at airports of high risk in the United States.

Due to the complexity and the intense manpower involved in conducting MANPADS and other stand-off weapons Assessments, the Security Assessments group requires analysis software that will calculate complex algorithms in order to identify potential launch areas and threat profiles within the footprint of our nations Category X and Category I airports.  The software will consider a variety of weapons system capabilities, geographic information, flight path analysis, and arbitrary map scales.  Additionally, it will support mitigation efforts by providing a platform to manage critical resources within a real-time operational environment.  

3.0	Background

Since 2003, the Security Assessments Team has been conducting MANPADS Assessments domestically and abroad with limited technical support.  The Security Assessments Team has always lacked the use of software that would identify and analyze a specific threat area while interactively considering all the significant parameters of a successful attack on a commercial aircraft.    

4.0	Scope

The Security Assessments Team is required to assess all Category X and selected Category I airports around the country.  In addition, the scope of our mission has also expanded across international boundaries in an effort to counter the MANPADS threat world wide.

It is imperative that the Security Assessments Team provide an accurate threat assessment with the use of an evaluation program capable of producing real-time results.  The TSA requires immediate information pertaining to flight path defense, footprint calculations based on weapons threat, critical and immediate data updates, patrol route calculations, and 3D visual interpretation of threat areas and flight routes.

5.0	Deliverables

5.1	Delivery Schedule / Instructions

5.1.1	Delivery of all software licenses will occur within 15 days of Delivery Order award. 
5.1.2	Delivery will occur via the TSA approved carrier and coordination of all deliveries will occur via the Office of Security Assessments.
5.1.3	On-site software usage training

6.0	Technical Requirements

At a minimum, the software shall provide:
6.1	Flight path analysis.
6.2	The ability to provide calculations of MANPADS Footprints and identify areas that may be excluded.
6.3	The ability to analyze flight paths of both departure and arrival routes.
6.4	The ability to perform threat based calculations of MANPADS footprints for threat weapon systems to include mortars, Rocket Propelled Grenade (RPG) Launchers, and additional stand-off type weapons systems, when available.
6.5	The ability to exclude identified threat areas in order to reduce concern and the use of man power.
6.6	The ability to analyze visual arcs from points on a map and add potential sites where appropriate.
6.7	The ability to electronically transfer data on chosen potential sites to issued laptops.
6.8	The ability to add patrol routes and calculate visible footprints for patrol route planning and verification.
6.9	Site risk ranking capabilities to determine highest risk sites using all applicable information.
6.10	Annotation tools to enhance the location view (e.g. boundaries, unit symbols, pictures and drawings).
6.11	3D capability 
6.12	The ability to input real-time weather, runway usage, and air traffic flow information.
6.13	The ability to track patrol schedules and provide information on patrol frequency.
6.14	The ability to integrate software mapping functions and layer output information on to multiple mapping formats to include:
6.14.1	High resolution satellite imagery - MrSid format
6.14.2	1:500K, 1:250K, 1:100K, 1:50K (where available), and 1:25K mapping data - CADRG format
6.14.3	DAFIF Aeronautical data - Tabular format
6.14.4	Digital Terrain Elevation Data (Level 1) - DTED format
6.14.5	Vector map data (Levels 0, 1, 2) - VMAP format
6.15	The ability to input Digital Aeronautical Flight Information File (DAFIF) data for air navigation analysis.
6.16	The ability to input potential launch area risk characteristics and ranking, along with narrative support justification.
6.17	The ability to transfer assessment data to standardized final written report in MS Office, to include risk matrix, photos, Air Navigation approach and departure diagrams, and site characteristics and ranking.
6.18	The ability to input tactical mapping capability for multiple scales (e.g. 1:10,000; 1:25,000; 1:100,000)
6.19	The ability to integrate existing Garmin GPSMAP 60CS GPS device and NEWCON OPTIK LRB 4000CI Laser Range Finder Binoculars..
6.20	The product output must be at the Unclassified – For Official Use Only level, releasable to Law Enforcement, with the option to generate classified reports as required.
6.21	The software must be a fully functional program.  No development costs will be provided.
6.22	Compliance with Section 508 of the Rehabilitation Act (see section H-6).

7.0	Quality Assurance Plan (QAP)
7.1	Reserved – Negotiated Quality Assurance Plan to be included in finalized SOW should a contract be awarded.

8.0	Travel Requirements

Travel will be required of the contractor to and from Washington, DC.  All non-local travel (travel occurring outside of a 50 mile radius of Washington, DC) will be reimbursed in accordance with the Federal Travel Regulations (FTR).

Section D- Packaging and Marking

The contractor shall ensure that packaging is sufficient to prevent damage to supplies and that shipping costs are minimized.  The shipping documentation shall contain the following information:

a.	TSA contract number 
b.	Contractor’s name and address
c.	List of contents
d.	Delivery Order number
e.	Shipment Date

Section F- Delivery/Period of Performance

Delivery Schedule

The contractor shall ship the items identified in Section B in accordance with Delivery Orders issued by the Contracting Officer.  The contractor shall deliver the specified quantities of each Delivery Order within 21 days after receipt of order.  The Contractor may provide the items electronically, if applicable.  The place of delivery, unless otherwise specified, shall be at the following address:

Department of Homeland Security
Transportation Security Administration 
Office of Law Enforcement, TSA-18
Office of Security Assessments
601 South 12th Street
Arlington, VA  22202-4220

(End of clause)

3.2.4-16	Ordering (August 2002) 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through 60 months from date of contract award.

(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall rule.

(c) If mailed, a delivery 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.

(End of clause)

3.10.1-9 		Stop-Work Order (February 2003)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the termination for default or the termination for convenience clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled, and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

3.11-34		F.O.B. Destination (February 2003) 

(a) The term "f.o.b. destination," as used in this clause, means-- (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the Contractor uses rail carrier or freight forwarded for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall-- (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. 
(End of clause) 

Section G- Contract Administration Data

G-1		Contract Administration Data

CONTRACTING OFFICER	Guy Galloway 	(571) 227-3727	
CONTRACT ADMINISTRATOR	Benjamin Van Wormer
	(571) 227-3298
	
CONTRACTING OFFICER’S REPRESENTATIVE	TBD		
CONTRACTOR’S REPRESENTATIVE	TBD		

G-2		Invoice Submissions

a)	Attention should be directed to Clause 3.3.1-17 entitled "Prompt Payment", which is incorporated into this contract by the applicable general provision in Section I herein.  Furthermore, this provision shall be read and applied as modified herein.

b)	Contractor shall invoice on fully completed Delivery Order basis only.

The Payment Address in Block 21 of the order for supplies or services reads as follows:

Send hard or soft copies or fax of invoices to the following:

United States Coast Guard Finance Center
TSA Commercial Invoices
P.O. Box 4111
Chesapeake, VA  23326-4111
Fax: 757.413.7314
Email: FIN-SMB-TSAINVOICES@uscg.mil

c)	The Government shall pay the contractor, upon submission of proper invoices to the COR, the prices stipulated in this contract for work delivered or rendered and accepted less any deductions provided in the contract.  

d)	The Contractor shall include with its invoices the appropriate documentation to outline shipping charges in order to receive reimbursement for shipping.  This may include but is not limited to commercial bills of lading.

e)	TSA intends to make payments within 30 days of receipt of properly prepared invoices submitted to the billing office identified in this Section.

Note: Use one method for submitting an invoice to FINCEN and submit only one copy of the invoice to FINCEN.  If an invoice is faxed or emailed to FINCEN, do not mail a copy of the same invoice to FINCEN.  

G-3		Accounting and Appropriation Data

Accounting and appropriation data will be provided with each individual delivery order.

G-4 Contracting Officer’s Technical Representative  

(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Technical Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

(End of clause)

G-5 	Technical Direction of Delivery Orders

The Contracting Officer’s Technical Representative (COTR) shall have authority to provide technical direction for the quantity and delivery destinations for items within the limitations of the delivery order.  The COTR shall provide technical direction to the Contractor in writing with a copy to the Contracting Officer (CO).  The contractor shall not accept Delivery Orders from anyone except the Contracting Officer.  In the event that work is performed without authorization by the delegated officials, the incurred cost will be the sole responsibility of the Contractor and is not billable to the Government.  

The COTR is not authorized to direct shipment of goods outside the funding limitations of the delivery order.  The contractor shall immediately notify in writing to the Contracting Officer upon direction to deliver a quantity to a destination that exceeds the scope or funded value of the delivery order.  The contractor shall take no further action to fulfill the direction of the COTR until authorized to do so by the Contracting Officer. Whenever a difference of opinion between the contractor and the COTR occurs, notify the CO immediately for resolution.  Contractors should also contact the CO when unable to contact the COTR on a technical matter and for assistance on all other matters pertaining to this contract.

G-6		Correspondence Procedures

To promote timely and effective contract administration, correspondence submitted under this contract shall be subject to the following procedures (except for invoices and deliverable items):

a) All correspondence relative to this contract shall be addressed to the Contracting Officer, listed in section G.1.  Correspondence of a technical nature shall include an information copy addressed to the Contracting Officer’s Technical Representative (COTR), listed in section G.1.

b) Mail:  The Contractor shall use discretion in the use of "express" or "overnight" mail.  These premium services should be used sparingly and in situations where the regular U.S. mail system would not be adequate for the timely transfer of technical or contract related documentation.  Use of electronic mail or facsimile (FAX) service is encouraged where appropriate.

G-7		TSA Internal Reviews of Contractor Performance

Notwithstanding the requirement that price must always be assessed, by the Contracting Officer, as being reasonable, the TSA places a high value on the Contractor providing a high level of quality support in performing this contract.  This TSA emphasis, on the importance of quality performance, initiated in awarding this contract, will be ongoing through the duration of this contract.  Accordingly, the TSA will periodically, as subsequently scheduled by the Contracting Officer, conduct formal internal reviews focused on assessing the quality of the Contractor’s performance.  The Contracting Officer will share the summary results of these ongoing reviews with the Contractor as a means of providing ongoing feedback on the TSA perception of Contractor performance.  Should these reviews disclose a pattern of poor performance, lack of adherence to contractual requirements, negligence or other unfavorable trends, the TSA may terminate or, not exercise options in, this contract.  Additionally, completed TSA internal review reports of Contractor performance will be maintained in the TSA past performance database, which may be used by other Federal, State, and local Government personnel in future procurements.

Section H- Special Contract Requirements

H-1		Contracting Officer Authority

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government.  All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer.  The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation.  Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

H-2		Authorized Changes Only By the Contracting Officer 

    (a)  Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

   (b)  The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

   (c)  The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's.  In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contractor price to cover any increase in charges incurred as a result thereof.  The address and telephone number of the Contracting Officer is:

	Name:		Guy Galloway				
	Address:		Department of Homeland Security
				Transportation Security Administration
				Office of Acquisition, TSA-25
				701 South 12th Street
				Arlington, VA 22202
	Telephone:	(571) 227-3727	

H-3		Contractor Non-Compliance with Contract

a. Contractor non-compliance with any requirement, term or condition contained in this contract may result in the TSA:

(1) Terminating this contract, in whole or part, for convenience or default;
(2) Withholding payments;
(3) Initiating suspension or debarment action against the Contractor; and
(4) Initiating other action, as appropriate.

b. In addition to paragraph (a), Contractor non-compliance with any statutory requirement included in this contract, may result in the Contractor and, its employees and subcontractors being fined and/or imprisoned, or incurring other sanctions.

H-4		Delivery Orders

a.	The Contracting Officer will issue delivery orders for the supplies delineated in Section B – Schedule of Supplies/Services.  Deliveries are expected to be fulfilled in accordance with the instructions contained in Section F.

b.	The Contractor shall review each delivery order for consistency with the mutual agreement reached between the Government and the Contractor and acknowledge receipt and acceptance of the delivery order within five working days after receipt of the delivery order.  

c.	Delivery orders become effective when the order is signed (effective date) and extend through the performance period specified on the delivery order.

d.	Format.  The Contracting Officer will issue Delivery Orders, in writing, to the Contractor, using TSA format (Order for Supplies or Services).  Each Delivery order issued shall be in accordance with and subject to all terms and conditions of the contract under which it is issued and shall contain, as a minimum, the following information:

(1) A Delivery Order number;
(2) Appropriate TSA points-of-contact;
(3) Quantities of units required;
(4) A delivery order total value;
(5) Applicable appropriation and accounting data

H-5	Incorporation of Representations and Certifications by Reference

All representations, certifications and other written statements made by the Contractor in response to Section K of the RFP, incident to award of this contract or modification of this contract, are hereby incorporated by reference into this contract with the same force and effect as if they were given in full text herein.

H-6 	Section 508 Compliance

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable standards have been identified:

36 CFR 1194.21 – Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 – Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then “1194.21 Software” standards also apply to fulfill functional performance criteria.

36 CFR 1194.31 – Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 – Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required “1194.31 Functional Performance Criteria”, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the COTR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply:

36 CFR 1194.2(b) – (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards.

36 CFR 1194.3(b) – Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

H-7	 Non-Publicity Clause

(a)	The Contractor shall not use or allow to be used any aspect of this contract for publicity, unless authorized to do so in writing by the Contracting Officer.  “Publicity” means, but is not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television etc.), communications with the media, or marketing.  It is further understood that this obligation shall not expire upon completion or termination of this contract, but will continue indefinitely.  

Section I- Contract Clauses

3.1-1 Clauses and Provisions Incorporated by Reference (September 2002) 

This RFI/RFP or contract, as applicable, incorporates by reference the following provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://www.tsa.gov/join/business/business_tsaams.shtm 

TSAAM No	Title	Date of Clause	
3.1.8-1 	Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity  	Feb-03	
3.1.8-2 	Price or Fee Adjustment for Illegal or Improper Activity 	Feb-03	
3.2.2.3-29 	Integrity of Unit Prices 	Jul-03	
3.2.2.3-75	Requests for Contract Information 	Feb-03	
3.2.5-3     	Gratuities or Gifts 	Jan-99	
3.2.5-4 	Contingent Fees 	Oct-96	
3.2.5-5 	Anti-Kickback Procedures 	Feb-03	
3.4.2-8 	Federal, State, and Local Taxes--Fixed Price Contract 	Feb-03	
3.5-18	Commercial Computer Software-Restricted Rights	Feb-03	
3.6.1-7     	Limitations on Subcontracting 	Aug-97	
3.6.2.12	Affirmative Action for Special Disabled and Vietnam Era Veterans	Jan-98	
3.6.2.13	Affirmative Action for Workers with Disabilities	Apr-00	
3.6.2.9	Equal Opportunity	Aug-98	
3.6.2-5 	Prohibition of Segregated Facilities 	Feb-03	
3.6.3-16     	Drug Free Workplace 	Jan-04	
3.6.4-2	Buy American Act - Supplies	Feb-03	
3.6.4-10 	Restrictions on Certain Foreign Purchases 	Feb-03	
3.9.1-2 	Protest After Award 	Feb-03	
3.9-1-3	Protest	Nov-02	
3.10.1-25     	Novation and Change-Of-Name Agreements 	 	
3.10.1-7 	Bankruptcy 	Feb-03	

(End of clause)

Buy American Act Certificate (February 2003)
(a) The offeror certifies that each end product, except as listed below, is a domestic end product (as defined in the clause "Buy American Act-Supplies,") and components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.
Excluded End Product	Country of Origin	

 	 	
[list as necessary]
(b) The offeror agrees to furnish any additional information as the Contracting Officer may request to verify the above information and to evaluate the offer. Offerors may obtain from the Contracting Officer lists of articles, materials, and supplies excepted from the Buy American Act.
(End of provision)

3.2.2.5-4 Contract Terms and Conditions-Commercial Items (February 2003)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights- 
(1) Within a reasonable time after the defect was discovered or should have been discovered; and 
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.  Contractors are required to submit formal written request for assignment of claims, via contract modification, to the contracting officer. 

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. 

(d) Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with AMS clause, 3.9.1-1 Contracts Disputes (February 2003).  The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. 

(e)  Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. 

(f) Invoice. 
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- 
(i) Name and address of the Contractor; 
(ii) Invoice date and number; 
(iii) Contract number, contract line item number and, if applicable, the order number; 
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; 
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; 
(vi) Terms of any discount for prompt payment offered; 
(vii) Name and address of official to whom payment is to be sent; 
(viii) Name, title, and phone number of person to notify in event of defective invoice; and 
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. 
(x) Electronic funds transfer (EFT) banking information. 
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. 
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, AMS contract clause (e.g., 3.3.1-25 Mandatory Information for Electronic Funds Transfer (EFT) (February 2003), which appended hereto in full text, or applicable agency procedures. 
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT. 
(2) Invoices will be handled in accordance with prompt payment procedures.  (See clause 3.3.1-17, Prompt Payment.)

(g) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. 

(h) Payment. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. The Government will make payment in accordance with clause 3.3.1-17, Prompt Payment (February 2003), appended hereto in full text. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date, which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. 

(i) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: 
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. 

(j) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 

(k) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred, which reasonably could have been avoided. 
(l) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. 

(m) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. 

(n) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. 

(o) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. 

(p) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. 

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: 
(1) The schedule of supplies/services. 
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. 
(3) The AMS clause, 3.2.2.5-4 Contract Terms and Conditions - Commercial Items (February 2003)
(4) Addenda to this solicitation or contract, including any license agreements for computer software. 
(5) Solicitation provisions if this is a solicitation. 
(6) Other paragraphs of this clause. 
(7) The contract cover form. 
(8) Other documents, exhibits, and attachments. 
(9) The specification. 
 
(End of clause)

3.2.5-8 Whistleblower Protection for Contractor Employees (February 2003)

The contractor agrees not to discharge, demote or otherwise discriminate against an employee as a reprisal for disclosing information to a Member of Congress, or an authorized official of an agency or of the Department of Justice, relating to a violation of law related to this contract (including the competition for or negotiation of a contract).
Definitions:
(1) "Authorized official of the agency" means an employee responsible for contracting, program management, audit, inspection, investigation, or enforcement of any law or regulation relating to TSA procurement or the subject matter of the contract.
(2) "Authorized official of the Department of Justice" means any person responsible for the investigation, enforcement, or prosecution of any law or regulation.

(End of clause)

3.5-13 Rights in Data - General (February 2003)
(a) Definitions.
(1) "Computer software," as used in this clause, means computer programs, computer data bases, and documentation thereof.
(2) "Data," as used in this clause, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
(3) "Form, fit, and function data," as used in this clause, means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, as well as data identifying source, size, configuration, mating, and attachment characteristics, functional characteristics, and performance requirements; except that for computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithm, process, formulae, and flow charts of the software.
(4) "Limited rights," as used in this clause, means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of subparagraph (g)(2) if included in this clause.
(5) "Limited rights data," as used in this clause, means data (other than computer software) that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications thereof.
(6) "Restricted computer software," as used in this clause, means computer software developed at private expense and that is a trade secret; is commercial or financial and is confidential or privileged; or is published copyrighted computer software; including minor modifications of such computer software.
(7) "Restricted rights," as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of subparagraph (g)(3) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.
(8) "Technical data," as used in this clause, means data (other than computer software) which are of a scientific or technical nature.
(9) "Unlimited rights," as used in this clause, means the right of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocations of rights.
(1) Except as provided in paragraph (c) of this clause regarding copyright, the Government shall have unlimited rights in-
(i) Data first produced in the performance of this contract;
(ii) Form, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and
(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.
(2) The Contractor shall have the right to--
(i) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;
(ii) Protect from unauthorized disclosure and use those data which are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause;
(iii) Substantiate use of, add or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and
(iv) Establish claim to copyright subsisting in data first produced in the performance of this contract to the extent provided in subparagraph (c)(1) of this clause.
(c) Copyright.
(1) Data first produced in the performance of this contract. Unless provided otherwise in paragraph (d) of this clause, the Contractor may establish, without prior approval of the Contracting Officer, claim to copyright subsisting in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings or similar works. The prior, express written permission of the Contracting Officer is required to establish claim to copyright subsisting in all other data first produced in the performance of this contract. When claim to copyright is made, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when such data are delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. For data other than computer software the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. For computer software, the Contractor grants to the Government and others acting in its behalf, a paid-up nonexclusive, irrevocable worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly by or on behalf of the Government.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and which contains the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in subparagraph (c)(1) of this clause; provided, however, that if such data are computer software the Government may acquire a copyright license as set forth in subparagraph (g)(3) of this clause if included in this contract or as otherwise may be provided in a collateral agreement incorporated in or made part of this contract.
(3) Removal of copyright notices. The Government agrees not to remove any copyright notices placed on data pursuant to this paragraph (c), and to include such notices on all reproductions of the data.
(d) Release, publication and use of data.
(1) The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except to the extent such data may be subject to the Federal export control or national security laws or regulations, or unless otherwise provided in this paragraph of this clause or expressly set forth in this contract.
(2) The Contractor agrees that to the extent it receives or is given access to data necessary for the performance of this contract which contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise specifically authorized in writing by the Contracting Officer.
(e) Unauthorized marking of data.
(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in subparagraph (g)(2) or (g)(3) of this clause and use of such is not authorized by this clause, or if such data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, the following procedures shall apply prior to canceling or ignoring the markings.
(i) The Contracting Officer shall make written inquiry to the Contractor affording the Contractor 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;
(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 30-day period (or a longer time not exceeding 90 days approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.
(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in subdivision (e)(1)(i) of this clause, the Contracting Officer shall consider such written justification and determine whether or not the markings are to be canceled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor shall be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer shall furnish the Contractor a written determination, which determination may become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government shall continue to abide by the markings under this subdivision (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government may thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.
(2) The time limits in the procedures set forth in subparagraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request there under.
(3)Reserved.
(4) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by this paragraph (e) from filing a claim under the "Contract Disputes" clause of this contract, as applicable, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.
(f) Omitted or incorrect markings.
(1) Data delivered to the Government without either the limited rights or restricted rights notice as authorized by paragraph (g) of this clause, or the copyright notice required by paragraph (c) of this clause, may be deemed to have been furnished with unlimited rights, and the Government assumes no liability for the disclosure, use, or reproduction of such data. However, to the extent the data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer for good cause shown) after delivery of such data, permission to have notices placed on qualifying data at the Contractor's expense, and the Contracting Officer may agree to do so if the Contractor-
(i) Identifies the data to which the omitted notice is to be applied;
(ii) Demonstrates that the omission of the notice was inadvertent;
(iii) Establishes that the use of the proposed notice is authorized;
(iv) Acknowledges that the Government has no liability with respect to the disclosure, use, or reproduction of any such data made prior to the addition of the notice or resulting from the omission of the notice.
(2) The Contracting Officer may also (i) permit correction at the Contractor's expense of incorrect notices if the Contractor identifies the data on which correction of the notice is to be made, and demonstrates that the correct notice is authorized, or (ii) correct any incorrect notices.
(g) Protection of limited rights data and restricted computer software. 
(1) When data other than that listed in subdivisions (b)(1) (i), (ii), and (iii) of this clause are specified to be delivered under this contract and qualify as either limited rights data or restricted computer software, if the Contractor desires to continue protection of such data, the Contractor may withhold such data and not furnish them to the Government under this contract. As a condition to this withholding, the Contractor may identify the data being withheld and furnish form, fit, and function data in lieu thereof. Limited rights data that are formatted as a computer data base for delivery to the Government are to be treated as limited rights data and not restricted computer software.
(2) Reserved.
(3) Reserved
(h) Subcontracting. The Contractor has the responsibility to obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government such rights, the Contractor shall promptly bring such refusal to the attention of the Contracting Officer and not proceed with subcontract award without further authorization.
(i) Relationship to patents. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.

(End of clause)

3.14-5     Sensitive Unclassified Information (SUI) (April 2003) 

(a) Sensitive information shall be restricted to specific contractors who:

(1) have a need _to know_ to perform contract tasks;

(2) meet personnel suitability security requirements to access sensitive information; and

(3) successfully complete a non-disclosure agreement (NDA).

(b) The contractor shall develop and implement procedures to ensure that sensitive information is handled in accordance with TSA requirements and at a minimum, will address:

(1) steps to minimize risk of access by unauthorized persons during business and non-business hours to include storage capability;

(2) procedures for safeguarding during electronic transmission (voice, data, fax) mailing or hand carrying;

(3) procedures for protecting against co-mingling of information with general contractor data system/files;

(4) procedures for marking documents with both the protective marking and the distribution limitation statement as needed;

(5) procedures for the reproduction of subject material;

(6) procedures for reporting unauthorized access; and

(7) procedures for the destruction and/or sanitization of such material.

(End of clause)

Section J- List of Attachments

None.

Section K- Representations, Certifications, and Other Statements of Offerors

K.1	GENERAL  

(a) It is the policy of the Transportation Security Administration to have offerors complete annual representations and certifications via the Online Representations and Certifications Application.  Instructions for accessing ORCA and completing standard representations and certifications via ORCA are contained in the provisions below.  

(b) In addition to the standard representations and certifications completed in ORCA, TSA requires the completion of additional representations and certifications as part of a response to a solicitation.  Those representations and certifications are provided in full text below.  Offerors must complete both the ORCA and the TSA representations and certifications as part of their response to this solicitation.  

K.2	INSTRUCTIONS FOR ACCESSING AND USING ORCA 

(a) Offerors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. 

(b) Offerors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA.

(c) To register with ORCA offerors must first register with the “Central Contractor Registration” (CCR) and acquire a “Data Universal Numbering System” (DUNS) number and a Marketing Partner Identification Number (MPIN).  These items may be completed at http://www.ccr.gov. 

(d) The (DUNS) number is a unique nine character identification number provided by the commercial company Dun & Bradstreet (D&B).  Offerors should call D&B at 866-705-5711 if they do not have a DUNS number. The process to request a DUNS number takes about 10 minutes and is free of charge.  Once an offeror has acquired a DUNS number they can then register with CCR. 

(e) The Marketing Partner Identification Number (MPIN) is a 9-digit code containing at least one alpha character and one number (no special characters or spaces). The MPIN is created by the offeror in the offeror’s CCR record and acts as a password for other various government systems. The MPIN is the last data field in the “Points of Contact” section of the registration.  After an offeror has entered the new MPIN in CCR, it will become active in ORCA when the CCR registration is activated.  (End of Provision) 

K.3	AFFIRMATION OF COMPLETED REPRESENTATIONS AND CERTIFICATIONS IN ORCA 

The offeror affirms, by submission of this offer, that it has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference.  (End of Provision) 

K.4	TYPE OF BUSINESS ORGANIZATION (TSA 3.2.2.3.10)(FEB 2003)
The offeror, by checking the applicable box, represents that-- 
(a) It operates as [ ] a corporation incorporated under the laws of the State of ____________________ , [ ] an individual, [ ] a partnership, [ ] a nonprofit organization, or [ ] a joint venture. 
(b) If the offeror or quoter is a foreign entity, it operates as [ ] individual, [ ] a partnership, [ ] a nonprofit organization, [ ] a joint venture, or [ ] a corporation, registered for business in _____________________________________________ .  (country)
(End of provision)

K.5	REPRESENTATION – RELEASE OF CONTRACT INFORMATION (TSA 3.2.2.3.76) (FEB 2003)

(a) Any contract resulting from the issuance of this Request for Proposals/Request For Submittals (RFP/RFS) may be the subject of a request for release pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Section 552. 

(b) As an aid in responding to requests for information, this provision facilitates the review and screening process used in determining the releasibility of the contract(s) in whole or in part. Accordingly, the offeror's response to this RFP/RFS relative to potential release of information contained in any resultant contract is set forth at (c) below.

(c) REPRESENTATION CONCERNING RELEASE OF CONTRACT INFORMATION--

The offeror represents that--(1)[ ] It has made a complete review of its submittal(s) in response to this RFP/RFS and that no exemption from mandatory release under FOIA exists, and, (2)[ ] It has no objection to the release of any contract it may be awarded in whole or in part resulting from this RFP/RFS. 	OR

The offeror represents that [ ] its submittal(s) in response to this RFP/RFS contains information that is exempt from mandatory release under FOIA. Accordingly, the offeror represents that--(1)[ ] It has specifically identified via placement of restrictive markings on any sensitive documents submitted in response to this RFP/RFS such as trade secrets, proprietary information, or commercial or financial information that is privileged or confidential, and (2)[ ] It, as the party that provided the information, has furnished the contracting officer by separate letter concurrent with this submittal detailed information specifically listing the page(s) to be withheld complete with any and all legal justifications which would permit the TSA to invoke an exemption to the FOIA.  (End of provision)

K.6	CERTIFICATION OF DATA (TSA 3.8.2.18)(FEB 2003)

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile, qualifications, background statements, brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Transportation Security Administration may subject the offeror, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for default under any contract resulting from its offer and/or; (4) debarment or suspension.

(c) The offeror agrees to obtain a similar certification from its subcontractors.
Signature: _____________________________
Date: _____________________________
Typed Name and Title:____________________________
Company Name: ____________________________
This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.  (End of provision)

K.7	CERTIFYING COMPANY OFFICIAL

Certifications completed by:
___________________________		
Printed  Name
______________________________
Title 				
______________________________
Signature
______________________________
Date 	

(End of provision)

Section L- Instructions, Conditions, And Notices to Offerors

Proposals are due by 5:00 P.M. Eastern Standard Time on August 13, 2007.  Proposals shall be submitted electronically to Benjamin.vanwormer@dhs.gov AND to Guy.galloway@dhs.gov. 

Important:  This is a Request for Proposal.  This request does not commit the Government to pay any costs incurred in the preparation of the submission of any response to this request for proposal or to the contractor for supplies or service. 
Failure to fully adhere to the prescribed instructions and format contained in this section of the RFP may result in your firm’s disqualification from the competition.
Your proposal should consist of the following volumes:

A.	Volume I Contents, (Technical Capability):

1.   	Technical Capability (written) (limit 25 pages) – Response to Factor 1 (Written Technical Capability Proposal).

B.	Volume II Contents (Quality Assurance Plan)

1.     Quality Assurance Plan (limit 10 pages) – Response to Factor 2

C.	Volume III Contents (Cost/ Pricing, no page limit)

1.   	The offeror is instructed to complete section B tables and to provide labor categories and rates associated with CLIN 0004, Software Modifications. 

The quote text may not be smaller than 12-point type on standard 8 ½ inch by 11-inch paper with margins of at least 1” at the top, bottom and both sides.

L-2	Evaluation Factors:

Factor 1: Technical Capability – The offeror shall propose its written technical solution to meet or exceed the requirements of the SOW for MANPADS Footprint Monitoring licenses, software modifications and integration, and ensure the accomplishment of the performance objectives.

The Offeror will also be required to provide a product demonstration at a time and place designated by the government within two weeks after the date for submission of offers.  Product demonstrations shall not exceed 2 hours, excluding set-up.  Forty-five (45) minutes will be the maximum time allowed for set up.  There may be no more than three (3) representatives of the offeror present during the demonstration.  The offeror must provide any necessary equipment for the demonstration.  During the demonstration, the offeror may only address items listed in Section M, Factor 1 of this solicitation.  Items other than those listed in Section M, Factor 1 will not be considered should they be presented.

Failure of the product demonstrated to conform all technical requirements of the specification will require rejection of the offer. Failure to furnish a demonstration by the time and date requested by the Government may be cause for rejection of the offer.  Offerors shall demonstrate only proposed product(s).  The product delivered under any resulting contract shall conform to the approved, demonstrated model as to the characteristics listed for evaluation and shall conform to the specification/commercial product description characteristics required.  Demonstrations will not entitle the vendor to a contract nor shall any payment or reimbursement be made for the demonstration.

Factor 2: Quality Assurance Plan (QAP)

Offerors will provide a Quality Assurance Plan (QAP).  The QAP shall, at a minimum, include a description of the offered maintenance services, a description of the offered software training, description of the required post implementation review, description of Government request response procedures, description of Government notification procedures relating to delays and/or other perceived issues, and description of required update compliance (not more than 4 times per year).
L-3	Clarifications

All requests for clarifications shall be submitted electronically to the Contract Specialist at benjamin.vanwormer@dhs.gov  no later than 10:00 a.m., August 6, 2007.  If any question(s) are received after this time and date, the Government reserves the right not to provide an answer.
L-4	Submission of Offers

Submission (Emailed Submissions):
Emailed submissions must be received at benjamin.vanwormer@dhs.gov no later than August 13, 2007 at 5:00 PM EST.  Emailed quotes must be in 3 separate attachments and clearly indicate which volume coincides with which attachment. Offerors are hereby notified that only one attachment per volume will be considered. The Government reserves the right to disregard any additional attachments without notification to the offeror.

3.2.2.3-16 Restriction on Disclosure and Use of Data (July 2004) 
Offerors who include in their submittals data that they do not want disclosed to the public for any purpose or used by the Government except for evaluation purposes, shall--

(a) Mark the title page with the following legend: 'This submittal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this submittal. If, however, a contract is awarded to this offeror or quoter as a result of--or in connection with--the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets];' and 

(b) Mark each sheet of data it wishes to restrict with the following legend: 'Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this submittal.'
(End of provision)

3.2.2.3-19 Contract Award (July 2004)
(a) The TSA (we, us, our) will evaluate and may award a contract resulting from this RFP to the responsive offeror whose offer conforms to the RFP and will, as determined by the source selection official, represent the overall best value to the government. 

(b) We may: 

(1) Reject any offer if it is in our best interest to do so, 

(2) Accept other than the lowest cost/price offer, and 

(3) Waive minor irregularities in offers received. 

(c) We will evaluate offers and award a contract on your initial offer, without communicating with you, or on subsequent offers after communicating with you. In evaluating the offers, we may communicate with any offeror, and may eliminate some firms, limiting offerors participating in the competition to only those most likely to receive a contract award. You should submit your best terms from a cost or price and technical standpoint in your initial offer.

(d) We may accept any item or group of items in an offer, unless you qualify the offer by specific limits. Unless otherwise provided in the RFP, you may submit offers for quantities less than those specified. We reserve the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless you specify otherwise in the offer. 

(e) Our award of a contract or acceptance of an offer in writing within the time for acceptance specified in the offer creates a binding contract. Before the offer's specified expiration time, we may accept an offer (or part of an offer, as provided in paragraph (d)), whether or not we communicate with you, unless we get a written notice of withdrawal from you before contract award. Communication between the parties after we receive your offer does not constitute a rejection or counteroffer by us. 

(f) If the prices you propose are materially unbalanced between line items or subline items, we may determine that your offer is unacceptable. An offer is materially unbalanced when it is based on prices significantly less than cost for some work and greater than cost for other work. We may reject unbalanced offers if there is a reasonable doubt that the offer will result in the lowest overall cost to the TSA, even though it may be the low evaluated offer, or if it is so unbalanced as to be tantamount to allowing an advance payment. 

(g) We may disclose the following information in post-award debriefings to you: 

(1) The source selection official's decision; 
(2) Your evaluated standings relative to the successful offeror(s); and 

(3) A summary of our evaluation findings.

(End of provision)

3.2.2.3-22 Period for Acceptance of Offer (July 2004) 
The offeror (you) agrees that if this offer is accepted within ________ calendar days (60 calendar days unless you insert a different period) from the date the RFP specifies for receiving offers, to provide all items for which you offer prices at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of provision)

3.2.2.3-5 Descriptive Literature (July 2004)
 (a) "Descriptive literature" means information (for example cuts, illustrations, drawings, and brochures) submitted as part of an offer. The TSA (we) may need descriptive literature to evaluate details of the product. These details may be about:

(1) Design; 

(2) Materials; 

(3) Components; 

(4) Performance characteristics; or

(5) Methods of manufacture, assembly, construction, or operation. 

(b) Descriptive literature includes only information the TSA needs to determine that the offeror (you) will provide technically-acceptable products. 
(c) The offeror (you) must mark or highlight the items you are submitting as descriptive literature so we can readily find them in you offer.

(d) The Contracting Officer (CO) may reject offers that fail to submit descriptive literature on time (see the "Late Submissions, Modifications, and Withdrawals of Offers" provision of this RFP) or in which the descriptive literature does not show that the product offered conforms to the RFP requirements.

(e) The CO may waive the RFP requirement for descriptive literature if you indicate in subparagraph (e)(1) below that you supplied a comparable product under an earlier TSA contract and the CO determines that the product meets this RFP’s requirements.

(1) You represent that you [ ] have, [ ] have not [check applicable box] supplied a product to TSA Office of Acquisitions under an earlier TSA contract that is the same as the product offered under this RFP. 

(2) If you checked 'have' in paragraph (e)(1), and seek a waiver of the requirement for descriptive literature, submit the following information as part of your offer:

Earlier contract number _____________________________________

Date of earlier contract ______________________________________

Contract line item number of product supplied ___________________

Name and address of government activity 
to which you delivered the product _________________________________

Date of final delivery of product _______________________

(f) You must submit offers on the basis of required descriptive literature or on the basis of a product you supplied previously under paragraph (e). Once you submit an offer on one of these two bases and the deadline for us to receive offers has passed, you may not elect to have your offer considered on the alternative basis. The Government will disregard your request for a waiver under paragraph (e) above if you have submitted the descriptive literature this RFP requires.

(End of provision)

3.2.4-1 	Type of Contract (February 2003) 

TSA contemplates award of a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity contract resulting from this Request for Proposal.
(End of provision)

Section M- Evaluation Factors for Award

GENERAL INFORMATION

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.  The Government contemplates awarding on a best value basis.  The factors listed below are listed in descending order of importance.  The following factors shall be used to evaluate offers:  

Factor 1: Technical Capability
The offeror shall propose its technical solution to meet or exceed the requirements of the SOW for MANPADS Footprint Monitoring licenses, software modifications and integration, and ensure the accomplishment of the performance objectives.  

Factor 1 Technical Capability (Written)  - An offeror is considered Technically Acceptable if the offeror meets all points listed in Factor 1.   An offeror will be considered technically unacceptable for award if any of the equally weighted criteria below are not met in the written and/or live demonstration proposal.  The technical criteria that must be addressed in the written and demonstrated proposal are as follows:  

•	The ability to provide flight path analysis. 
•	The ability to provide calculations of MANPADS Footprints and identify areas that may be excluded.
•	The ability to analyze flight paths of both departure and arrival routes.
•	The ability to perform threat based calculations of MANPADS footprints for threat weapon systems to include mortars, Rocket Propelled Grenade (RPG) Launchers, and additional stand-off type weapons systems, when available.
•	The ability to exclude identified threat areas in order to reduce concern and the use of man power.
•	The ability to analyze visual arcs from points on a map and add potential sites where appropriate.
•	The ability to electronically transfer data on chosen potential sites to issued laptops.
•	The ability to add patrol routes and calculate visible footprints for patrol route planning and verification.
•	Site risk ranking capabilities to determine highest risk sites using all applicable information.
•	Annotation tools to enhance the location view (e.g. boundaries, unit symbols, pictures and drawings).
•	3D capability. 
•	The ability to input real-time weather, runway usage, and air traffic flow information.
•	The ability to track patrol schedules and provide information on patrol frequency.
•	The ability to integrate software mapping functions and layer output information on to multiple mapping formats to include:
o	High resolution satellite imagery - MrSid format
o	1:500K, 1:250K, 1:100K, 1:50K (where available), and 1:25K mapping data - CADRG format
o	DAFIF Aeronautical data - Tabular format
o	Digital Terrain Elevation Data (Level 1) - DTED format
o	Vector map data (Levels 0, 1, 2) - VMAP format
•	The ability to input Digital Aeronautical Flight Information File (DAFIF) data for air navigation analysis.
•	The ability to input potential launch area risk characteristics and ranking, along with narrative support justification.
•	The ability to transfer assessment data to standardized final written report in MS Office, to include risk matrix, photos, Air Navigation approach and departure diagrams, and site characteristics and ranking.
•	The ability to input tactical mapping capability for multiple scales (e.g. 1:10,000; 1:25,000; 1:100,000)
•	The ability to integrate existing Garmin GPSMAP 60CS GPS device and NEWCON OPTIK LRB 4000CI Laser Range Finder Binoculars.
•	The product output must be at the Unclassified – For Official Use Only level, releasable to Law Enforcement, with the option to generate classified reports as required.
•	The software must be a fully functional program.  No development costs will be provided.
•	Compliance with Section 508 of the Rehabilitation Act (See section H-6).

Factor 1, Technical Capability (Live Demonstration)

The Government will evaluate the Offeror’s demonstration of all points as proposed in Factor 1. At a minimum, the live demonstration of any Offeror must address the following:   

•	The contractor shall demonstrate that the proposed software meets all Technical Capability requirements as outlined in Factor 1.
•	The contractor shall demonstrate software ease of use and self help capability.  
•	The contractor shall demonstrate integration capability with existing Panasonic CF-19 Toughbook Tablet PC with dual processors.
•	The contractor shall demonstrate that the software is immediately deployable (i.e. demonstrate that no further development is required). 
Factor 2: Quality Assurance Plan (QAP)
•	The QAP will address how the contractor intends to respond to requests, concerns and questions related to software implementation.
•	The offeror shall demonstrate ability to promptly notify the Government of any potential delays, or inability to meet timelines or requirements of the contract.
•	The offeror will be expected to update the software at the request of the Government (CLIN 004).  The QAP shall address how the contractor intends to comply with this requirement.
•	The offeror shall provide a detailed description of the offered Maintenance/Warranty Plan and listing of what is covered. 
•	The offeror shall provide a detailed description of the offered training for the software.
Factor 3: Price
Offerors are encouraged to provide their best pricing in their proposal.  The Government reserves the right to make award using the initially provided pricing proposals without seeking further negotiation.  Pricing will be evaluated exclusive of Travel, as any required travel will be negotiated on a Delivery Order basis.

The Government will evaluate the submitted price proposals to determine whether or not each proposal is fair and reasonable.  The Government will use the following approach in the price evaluation:

•	The Government will multiply the proposed price per license (CLIN 0001) by the guaranteed minimum order of licenses on the IDIQ (35) for all offerors.
•	The Government will multiply the proposed price per Software License Maintenance agreement by the guaranteed minimum of Software License Maintenance agreements (35).
•	The price evaluators will add the 2 values above to come to a total price per offer.
•	The Government will evaluate the total price of 35 licenses and Software License Maintenance Agreements of all offerors.  
•	The Government will separately evaluate the proposed labor categories and rates for CLIN 0004, Software Modifications.  

Evaluation of Commercial Items 
The basis for award for this order will be a best value determination.  Factor 1 (Written Technical Capability and Live Demonstration of Technical Capability) is significantly more important than Factors 2 (QAP) and 3 (Price).    If the offeror is unable to meet all of the technical criteria prescribed in Factor 1, the offeror will be considered unfit for contract award.  When combined, Technical Capability and the Quality Assurance Plan are significantly more important than price.

The Government will evaluate all offerors on a best value basis.  Should an award be made, the Government will select the offeror that proves most advantageous to the Government in accordance with this solicitation.  As proposals become more equal in their merit, price becomes more important.  Award may be made solely on the basis of the initial proposals, including any needed clarifications, with no negotiations taking place.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 
(End of provision)