2.2.1_01172024_Attachment 1_SF1449 Sections B-J.pdf

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Furniture Lease in Support of DR-4482-CA
Solicitation number
70FBR924Q00000005
Issued by

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This solicitation requests offers for the lease of office furniture to support disaster operations at the Federal Emergency Management Agency Region 9 office in Pasadena, California. The furniture requirements include approximately 50 workstations to occupy 11070 square feet of furnished space and 6530 square feet of unfurnished space. The contractor will furnish, deliver, install, and maintain all office furniture for the term of the contract, including option years, and uninstall and remove furniture at completion. Site visits must be scheduled by January 23, 2024, and the period of performance is estimated from February 1, 2024 to September 30, 2024. This is a set-aside for businesses located in California counties impacted by Disaster DR-4482. The contractor must comply with customary federal clauses and certify adequate financial resources and technical capability.

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70FBR924Q00000005 Attachment 1

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The work described in the accompanying Statement of Work (Attachment A) shall be performed in accordance with all Sections of this contract.

B.2 ORDER TYPES

This is a Firm Fixed Price Task Contract.

a. Firm Fixed Price for CLIN 0001.

b. Firm Fixed Price for CLIN 0001A.

c. Firm Fixed Price for CLIN 0001B.

d. Firm Fixed Price for CLIN 0001C.

e. Firm Fixed Price for CLIN 0001D.

f. Firm Fixed Price for CLIN 0001E.

g. Firm Fixed Price for CLIN 0001F.

h. Firm Fixed Price for CLIN 0002.

B.3 CONTRACT LINE ITEMS

a. CLIN 0001: Design, Delivery, Installation, Lease, Maintenance, Disassembly, and Removal of furniture in accordance with the Statement of Work.

a. CLIN 0001A: Option 1 - Extend Services under CLIN 0001 (3 Months)

b. CLIN 0001B: Option 2 - Extend Services under CLIN 0001 (3 Months)

c. CLIN 0001C: Option 3 - Extend Services under CLIN 0001 (3 Months)

d. CLIN 0001D: Option 4 - Extend Services under CLIN 0001 (3 Months)

e. CLIN 0001E: Option 5 - Extend Services under CLIN 0001 (12 Months)

f. CLIN 0001F: Option 6 - Extend Services under CLIN 0001 (1 Month)

g. CLIN 0002: Option 7 – Breakroom Appliances

The Remainder of this Page is Intentionally Left Blank

SECTION C – PERFORMANCE WORK STATEMENT

See Statement of Work (Attachment A).

SECTION D – PACKAGING AND MARKING

This section intentionally left blank.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference in accordance with FAR 52.252-2 Clauses Incorporated by Reference.

FAR 52.246-4 Inspection of Services--Fixed-Price (Aug 1996)

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative using DHS Form 700-21, Material Inspection & Receiving Report.

All work performed and deliverables shall be subject to review and acceptance by the Government.

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative as set forth as follows:

Upon completion of work the contractor shall submit a statement of final completion, “To the best of my knowledge, information, and belief, and on the basis of my observations and inspections, all work has been completed in accordance with the terms and conditions of the contract documents.”

For the purposes of this clause, the Contracting Officer’s Representative (COR) named in the Contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

SECTION F – DELIVERABLES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

This section intentionally left blank.

F.2 PERIOD OF PERFORMANCE

The period of performance for this contract is estimated to be 2/1/2024 to 9/30/2024. The contract includes options which can be exercised multiple times, and in any order. The Government reserves the right to exercise options in this contract by written notice to the Contractor within 5 days of contract completion; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __15__ days before the contract expires. The preliminary notice does not commit the Government to exercise any option.

The final period of performance will be negotiated and agreed to as part of the final contract award.

a. CLIN 0001: Design, Delivery, Installation, Lease, Maintenance, Disassembly, and Removal of furniture in accordance with the Statement of Work.

b. CLIN 0001A: Option 1 - Extend Services under CLIN 0001 (3 Months)

c. CLIN 0001B: Option 2 - Extend Services under CLIN 0001 (3 Months)

d. CLIN 0001C: Option 3 - Extend Services under CLIN 0001 (3 Months)

e. CLIN 0001D: Option 4 - Extend Services under CLIN 0001 (3 Months)

f. CLIN 0001E: Option 5 - Extend Services under CLIN 0001 (12 Months)

g. CLIN 0001F: Option 6 - Extend Services under CLIN 0001 (1 Month)

h. CLIN 0002: Option 7 – Breakroom Appliances

F.3 REPORTS OF WORK

See Statement of Work.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are identified below.

G.2 BILLING INSTRUCTIONS

A copy of the voucher shall be submitted electronically to the Contracting Officer.

The contractor must include a Release of Claims with the final invoice submission.

Submit invoices to FEMA-FINANCE-VENDOR-PAYMENTS@FEMA.DHS.GOV

G.3 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.

Contractor Official

Name and Title:

Phone Number:

Email Address:

G.4 INVOICE APPROVAL

The FEMA individuals delegated the authority to accept goods and service and to review and approve invoices is included in the Identification of Government Officials below.

G.5 IDENTIFICATION OF GOVERNMENT PERSONNEL

Contracting Officer and Authorized Voucher Approver:

Name: Stephanie R. Lindner (and/or designee)

Title: Contracting Officer

Phone: 816-809-1596

Email: stephanie.lindner@fema.dhs.gov

Individual Authorized to Recommend Approval of Vouchers:

In accordance with HSAM 3032.7002(b), the following individuals are authorized to recommend approval of the payment of vouchers:

Name: Robert Moore (or such other person identified in writing by the Contracting Officer) Title: Contracting Officer Representative (COR)

Phone: 202-538-2815

Email: robert.moore@fema.dhs.gov

G.6 TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of the work under this contract shall be subject to the surveillance and written technical direction of the Contracting Officer's Representative (COR) who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in the statement of work for this contract.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the contract clause entitled "Changes";

(3) In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the specifications of the contract.

(c) All technical directions shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(I) through (5) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that:

(1) the technical direction is rescinded in its entirety

(2) the technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR shall be at the Contractor's risk.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

This section intentionally left blank.

SECTION I -CONTRACT CLAUSES

I.1 TASK ORDER CLAUSES

All applicable and required provisions/clauses set forth in the Contract flow down to this task order. In addition, the clauses set forth below are made part of this task order.

I.2 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.

The full text of a clause may be accessed electronically at this address:

http://acquisition.gov/far/index.html

FAR Title Date

I.3 FAR CLAUSES INCORPORATED BY FULL TEXT

FAR 52.217-6. Option for Increased Quantity (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day prior to award or up to 90 days after award. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

FAR 52.217-8 Option To Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract completion.

(End of clause)

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 5 days of contract completion; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __15__ 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 __36__months.

(End of clause)

FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in the following State of California counties: All Counties. Offers received from other businesses shall not be considered.

(b) This set-aside is in addition to any small business set-aside contained in this contract.

(End of Clause)

I.4 DEPARTMENT OF HOMELAND SECURITY (DHS) ACQUISITION REGULATION

SUPPLEMENTS (HSAR) CLAUSES INCORPORATED BY REFERENCE

The full text of a provision or clause may be accessed electronically at the following website:

http://www.dhs.gov/publication/homeland-security-acquisition-regulation-deviations/

HSAM Title Date

I.4 DEPARTMENT OF HOMELAND SECURITY (DHS) ACQUISITION REGULATION

SUPPLEMENTS (HSAR) CLAUSES INCORPORATED BY FULL TEXT

HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

Key Personnel for this task order, if applicable, are identified in Attachment E.

(End of clause)

I.5 PRESS RELEASES

In accordance with FEMA Acquisition Manual (FAM) 3X05.470-90:

ADVERTISEMENTS, PUBLICIZING AWARDS, AND PRESS RELEASES

Advertisements, Publicizing Awards, and Press Releases. All press releases or announcements about Agency programs, projects, and/or contract awards need to be cleared by the FEMA CO. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity press release or commercial advertising without first obtaining explicit written consent to do so from the CO. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or considered to be superior to other products or services.

FAM Appendix D: Financial Responsibility/Technical Ability Language

The contractor certifies that, at the time of submission, they have adequate financial resources to perform the contract; they have the capability to comply with the required or proposed delivery or performance schedule; and otherwise meet or exceed the general standards required by FAR 9.104-1. The contractor shall disclose any filings for bankruptcy, fines levied by governmental agencies, or legal proceeding against any participating organization, employees, corporate officer, or entity that might have a material effect on the proposer’s ability to implement the proposed project, as required by FAR 52.209-5, Certification Regarding Responsibility Matters.

SECTION J – LIST OF ATTACHMENTS

Attachments to the SF1449:

Attachment Title 1 Sections B-J 2 Provisions and Offeror Representations 3 Pre-Award Document Guide 4 Pre-Award Document Template 5 Key Personnel 6 Wage Determination

Attachments to the Statement of Work:

Attachment Title A Pasadena Office East Annex – Area SF B Pasadena Office East Annex – Power Outputs C Pasadena Office East Annex – Furniture Layout D R9 Cubicle Example E Electric Floor Outlet F Overview of Furniture Required

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