2.2.1 70FA4023Q00000002 Complete.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

70FA40

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA-SUPPORT SERVICES SECTION

FEMA CODE 16. ADMINISTERED BYCODE

X

X

X

423930

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FA40

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/29/2022 0800 ES

10/26/2022

202-257-8893Michael Bonds (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FA4023Q00000002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 70 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

WASHINGTON DC 20472

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20472

500 C STREET SW

FEDERAL EMERGENCY MANGEMENT AGENCY

FEMA

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEMA-SUPPORT SERVICES SECTION

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this solicitation is to request a quote for the disposal of approximately 41 million personal protective equipment (PPE) gowns from two Federal Emergency Management Agency (FEMA) storage facilities in support of the Distribution Management Division, FEMA.

FEMA intends to award one firm-fixed price purchase order for the required service. Further details are included in the attached statement of work.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Questions are due November 10, 2022. Quotes are due November 29, 2022.

Please be advised, funds are not presently available for this requirement. The Government’s obligation under this request is contingent upon the availability of appropriated funds from which payment for contract purposes can be made to an awardee(s). No legal liability on the part of the

Government for any payment may arise until funds are made available to the Contracting Officer for this requirement and until the awardee(s) receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Section 504 of the Rehabilitation Act of 1973

The Contractor/Provider shall comply fully with

Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities. No otherwise qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or subjected to discrimination under any program or activity for which the

Contractor/Provider is awarded a contract and/or receives federal financial assistance from the Federal Emergency Management

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

70 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 70

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA4023Q00000002

Agency. This includes, but is not limited to, providing reasonable accommodations and modifications to ensure effective communication access, physical access, and program access to all participants, including persons with disabilities. The Contractor/Provider shall incorporate this language in any subcontracts related to the provision of the FEMA public-facing program or activity. FEMA recognizes that the spread of COVID-19 may affect contractor employees who are working under FEMA contracts. While contract performance should not be impacted, FEMA highly encourages the contractor to have a preparedness plan in place to ensure uninterrupted performance. If there are interruptions, anticipated interruptions or otherwise reasons where performance cannot occur, then compliant with existing contract terms and conditions, the contractor is to communicate such to the Contracting Officer (CO) and the appointed

Contracting Officer’s Representative (COR) in order that the matter can be addressed contractually.

Financial Responsibility

The offeror 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 or

52.212-3(h)*], Certification Regarding

Responsibility Matters. Instructions for

Submitting Contractor Assurance Information** The offeror shall submit information supporting this certification to the CO at the time proposals are due. This submission will only be reviewed by the

CO in making a determination of responsibility.

This information will not be reviewed as part of a technical evaluation and will not count against page limits for technical proposals. At a minimum, offerors shall include: 1) the offeror’s delivery plans, including, but not limited to, any agreements and/or arrangements with suppliers, providing as much detail necessary to explain how the statement of work will be

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA4023Q00000002

accomplished within this working relationship; 2) a description of the offeror’s ability to adequately meet the financial demands of the requirement, including current relationships with lending and/or financial institutions or equity sources which have demonstrated interest in providing financing for the proposed project; and

3) at the offerors discretion, any additional information the offeror believes supports the above certification and will assist the CO in making the determination of responsibility for the offeror and its subcontractors.*52.212-3(h) applies to acquisitions over the Simplified

Acquisition Threshold ($250,000).

Contract Announcement, Press Release

Advertisements, Publicizing Awards, and News

Releases All press releases or announcements about agency programs, projects, and 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 news 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.

0001 PPE Gowns disposals

0001AA DC-Springfield 12 MO

6810 Loisdale Rd

Springfield VA, 22150

Approximately 11.9 million

Period of Performance: 11/25/2022 to 11/24/2023

0001AB DC- Manteca 12 MO

600 Spreckels Avenue

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 70

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA4023Q00000002

Manteca CA, 95336

Approximately 30.1 million

Period of Performance: 11/25/2022 to 11/24/2023

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

RFP # 70FA4023Q00000002

Table of Contents

EXECUTIVE SUMMARY

SECTION B - Supplies or Services/Prices

B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

B.2 CONTRACT TYPE

SECTION C - Description/Specifications

SECTION D – Packaging and Marking

SECTION E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

SECTION F - Deliveries or Performance

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PRINCIPAL PLACE OF PERFORMANCE

SECTION G - Contract Administration Data

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

G.2 BILLING INSTRUCTIONS (JUN 2014)

G.3 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

G.4 INVOICE APPROVAL (JUN 2014)

G.5 INVOICE INSTRUCTIONS (JUN 2014)

G.6 TECHNICAL DIRECTION AND SURVEILLANCE

SECTION H - Special Contract Requirements

H.1 REPRODUCTION OF REPORTS

H.2 WAGE DETERMINATION

H.3 NON-PERSONAL SERVICES

H.4 WELFARE TO WORK

H.5 HOURS OF OPERATION

H.6 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)

H.7 LIABILITY CLAIMS

H.8 CONTRACTOR PERFORMANCE ASSESSEMENT REPORTING SYSTEM (CPARS)

H.9 ENVIRONMENTAL PROTECTION

H.10 SALVAGE ...........................................................................................................................................……..18

H.11 HAZARDOUS EVENTS

SECTION I - Contract Clauses

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 CONTRACT CLAUSES INCORPORATED BY FULL TEXT

I.3 LOCAL CLAUSES

SECTION J - List of Documents, Exhibits and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Bidders

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

SECTION L - Instructions, Conditions, and Notices to Bidders

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

SECTION M - Evaluation Factors for Award

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M.2 EVALUATION -- GENERAL

M.3 EVALUATION AND AWARD

M.4 EVALUATION CRITERIA

M.5 AWARD

EXECUTIVE SUMMARY

The Department of Homeland Security (DHS) – Federal Emergency Management Agency (FEMA) aims to serve and protect before, during and after disasters. In efforts to protect and respond to the COVID-19 pandemic FEMA acquired gowns. The garments were acquired to provide additional support to medical professionals. With the decline in COVID-19 cases the agency seeks to recycle/dispose of approximately 41 million remaining gowns currently being held in storage.

SECTION B - Supplies or Services/Prices

B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Contractor shall receive and recycle/dispose of gowns from two FEMA storage facilities. FEMA will provide transportation from the FEMA facilities to the location of the recycling facility or the Contractor’s facility as long it’s within 100 miles of each FEMA location in Springfield VA and Manteca CA. The Contractor shall be able to meet the requirements of receiving and offloading a minimum of ten trucks per day with approximately 52 pallets per trailer.

B.2 CONTRACT TYPE

FEMA intends to award one (1), firm-fixed price (FFP) contract.

SECTION C - Description/Specifications

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Statement of Work is provided under Attachment 1 of Section J.

SECTION D – Packaging and Marking

Section D – This requirement has no known requirements for Packaging, Marking and Shipping;

however, the Contracting Officer reserves the right to incorporate Packaging, Marking and Shipping at the task order level should the need arise.

SECTION E - Inspection and Acceptance

Inspection and Acceptance clauses are included in 52.212-4

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative using email correspondence for approval/acceptance of work product submissions or an evaluation record, conducted at the location that services are performed.

For the purpose of this clause, the Contracting Officer’s Representative (COR) named in the Identification of Government Officials clause in this 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 - Deliveries or Performance

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR 52.252.2, this contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR | Acquisition.GOV (https://www.acquisition.gov/browse/index/far)

52.242-15 Stop-Work Order. (AUG 1989) 52.247-34 F.o.b. Destination. (NOV 1991) 52.247-48 F.o.b. Destination - Evidence of Shipment. (FEB 1999) 3052.247-72 F.o.b. destination only. (DEC 2003)

F.2 PERIOD OF PERFORMANCE

The period of performance of the contract is anticipated as follows:

Performance Period Estimated

Performance Period Dates Duration Base Period 01/09/2023 to 01/08/2024 12 Months

F.3 PRINCIPAL PLACE OF PERFORMANCE

The primary place of performance will be the Contractor’s facilities with shipments being received from:

Location 1:

DC-Springfield 6810 Loisdale Rd Springfield VA, 22150

Location 2:

DC- Manteca 600 Spreckels Avenue Manteca CA, 95336 https://www.acquisition.gov/browse/index/far http://www.acquisition.gov/browse/index/far)

SECTION G - Contract Administration Data

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Michael Bonds Phone: 202-257-8893 Email: michael.bonds@fema.dhs.gov

Contracting Officer’s Representative:

Name: TBD Phone: TBD Email: TBD

Alternate Contracting Officer’s Representative:

Name: TBD Phone: TBD Email: TBD

G.2 BILLING INSTRUCTIONS (JUN 2014)

Contractors shall use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a twice monthly basis.

Contractors shall submit vouchers electronically in pdf format to the FEMA Finance Center at:

FEMA-Finance-Vendor-Payments@fema.dhs.gov.

A copy of the voucher shall be submitted electronically to the Contracting Officer Representative (COR) identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer Representative, and the payment office.

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.

To be provided by the successful offeror.

mailto:michael.bonds@fema.dhs.gov http://www.gsa.gov/portal/forms/type/SF mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov

G.4 INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice

Approver Name: TBD Title: TBD Phone: TBD Email: TBD

G.5 INVOICE INSTRUCTIONS (JUN 2014)

Invoices shall be submitted as follows:

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions:

SF 1034--Fixed Price

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - leave blank.

(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-FINAL).

(6) Schedule Number; Paid By; Date Invoice Received - leave blank.

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

(Name of Official) (Title)

(13) Quantity; Unit Price - insert for supply contracts.

(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.

SF 1035

The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.

The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:

U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.

Voucher Number - insert the voucher number as shown on the Standard Form 1034. Schedule Number - leave blank.

Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence.

Use as many sheets as necessary to show the information required.

Number and Date of Order - insert payee's name and address as in the Standard Form 1034.

Articles or Services - insert the contract number as in the Standard Form 1034.

Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).

A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.

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)(1) 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

H.1 REPRODUCTION OF REPORTS

Reproduction of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages times number of copies. A production unit is one sheet, size 8 1/2x11 inches or less, printed on one side only, and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters, and plates which are to be used on single-unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducible (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written material.

H.2 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of the Department of Labor Service Contract Act Wage Determination(s) for the jurisdiction in which services are performed.

H.3 NON-PERSONAL SERVICES

A non-personal services contract is defined as "a contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees." This is a non-personal services contract.

H.4 WELFARE TO WORK

The Department of Homeland Security/FEMA is committed to hiring and retaining welfare recipients, including food stamp participants, into its workforce. DHS/FEMA encourages its contractors to contribute to this initiative by actively seeking welfare recipients for entry level, or other appropriate positions to the maximum extent possible. The individuals recruited through this program will have the opportunity to learn marketable skills, develop good work habits, and receive on-the-job training.

H.5 HOURS OF OPERATION

The contractor is responsible for conducting business based upon the hours of operation specified in this contract. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this contract when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that stability and continuity of the workforce are essential.

H.6 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)

The Federal Emergency Management Agency (FEMA) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Pursuant to the Workforce Investment Act of 1998, 29 U.S.C. §§794d, FEMA must ensure the accessibility of its programs and activities to all current and potential users, specifically its obligation to acquire and use accessible Electronic and Information Technology (EIT) including web pages, software, telecommunications, kiosks and other information transaction machines, and fax machines, copiers, printers, and other information technology office equipment. To comply with the provisions of this clause, the contractor shall provide EIT that meets the intent of the Workforce Investment Act of 1998 which requires, regardless of medium, --individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and individuals with disabilities who are members of the public seeking information or services from FEMA to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

Furthermore, the contractor shall comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR 1194 and http://www.section508.gov.

H.7 LIABILITY CLAIMS

The Contractor shall be responsible for all civil claims and liabilities associated with actions taken under this contract. FEMA shall not indemnify the Contractor.

By acceptance of this contract, the Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to any person or persons occurring in connection with or in any way incident to or arising out of performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

In accordance with FAR 52.228-5, the contractor shall purchase and provide evidence of liability insurance coverage to the Contracting Officer.

H.8 CONTRACTOR PERFORMANCE ASSESSEMENT REPORTING SYSTEM

(CPARS)

In accordance with FAR 42.15, the Contractor shall be subject to performance review in the Contractor Performance Assessment Reporting System (CPARS), found at https://www.cpars.gov/. Contractors shall provide responses to reviews as required in CPARS.

http://www.section508.gov/ http://www.cpars.gov/

Contractor shall designate a Point of Contact for CPARS reviews and responses, and provide the name, phone number and email address of the designated contractor POC to the Contracting Officer within 30 days of the contract effective date.

H.9 ENVIRONMENTAL PROTECTION

All contractor operations shall be planned, initiated and carried out in such a manner as to avoid adverse effects upon the quality of the environment. The contractor and/or their personnel are expressly prohibited from littering, polluting, disturbing and destroying the flora, fauna, soil, air and water which exist at the Center for Domestic Preparedness. Specifically, the contractor shall not introduce or dispense trash, litter, pollutants, or garbage of any kind into or onto this station and shall ensure that oily wastes and other hazardous substances are not disposed of in drains, ditches, sewer, or trash receptacles.

Materials may be introduced into the complex that are required for the performance of any awarded contract. The contractor is responsible for determining whether any waste generated is hazardous. All hazardous wastes must be disposed of by the contractor in accordance with all governing directives defined in the Statement of Work. No waste shall be disposed of or discharged in such a manner as could result in the pollution of ground water or the endangerment of the health or welfare of the public.

If it is determined that any material used in the execution of this contract does not comply with the environmental /pollution control abatement requirements established by this agency or higher authority, the Contracting Officer and COR may direct that the use of such material be discontinued. All such designations made by the Contracting Officer and COR shall be in writing and will recommend a substitute material which will be acceptable. Any such changes shall be at no additional cost to the Government. The Contractor shall not hunt, trap, fish, bag, or otherwise remove wildlife of any description from this area. Enforcement of the above regulations will be accomplished by the Contracting Officer, or his designated representative, assisted by the CDP security force.

H.10 SALVAGE

All material and equipment removed or disconnected that are sound and of value shall remain the property of the Government. The Contractor shall deliver this material and equipment at the Government’s expense to the location specified by the Contracting Officer’s Representative. The Contracting Officer’s Representative will designate any material or equipment which may be reused for the performance of work under this contract. The contractor shall remove all unusable material, equipment, and debris resulting from work under this contract from Government property at the Government’s expense. The Contractor shall reimburse the Government for any material or equipment removed or disconnected from Government property without Contracting Officer’s Representative’s consent which (1) is disposed of but is determined by the Contracting Officer.

H.11 HAZARDOUS EVENTS

In the event of a hazardous situation, such as but not limited to hazardous weather events:

The contractor shall submit a contingency plan to the COR for any event that may interrupt contractual services.

Unless specifically designated by the Government, contractor personnel shall not be considered “on-call” and shall be free to do their personal affairs (outside normal work hours).

Contractor personnel specifically designated by the Government as “on-call” shall be entitled to normal pay during normal working hours, or overtime pay for hours in addition to or outside of normal working hours as approved by the COR and in accordance with all applicable clauses, terms and conditions.

SECTION I - Contract Clauses

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE

52.203-3 Gratuities Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government Alt 1 Nov 2021

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Jun 2020

52.203-18

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation IN K Jan 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018

52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Nov 2021

52.215-1 Instructions to Offerors – Competitive Acquisition Nov 2021 52.219-6 Notice of Total Small Business Set-Aside Nov 2020 52.222-3 Convict Labor Jun 2003 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010

52.222-41 Service Contract Labor Standards Aug 2018 52.222-50 Combating Trafficking in Persons Nov 2021 52.222-54 Employment Eligibility Verification May 2022 52.223-2 Affirmative Procurement of Biobased Products Sep 2013 52.223-6 Drug-Free Workplace May 2001

52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items May 2008

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Jun 2020

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.232-33 Payment by Electronic Funds Transfer – System Oct 2018 52.233-3 Protest after Award Aug 1996 52.333-4 Applicable Law for Breach of Contract Claim Sep 2016 52.242-13 Bankruptcy Jul 1995

CLAUSE TITLE DATE

52.246-25 Limitation of Liability-Services Feb 1997 3052.203-70 Instructions for Contractor Disclosure of Violations Sep 2012 3052.205-70 Advertisements, Publicizing Awards, and Releases Sep 2012 3052.219-71 DHS Mentor-Protégé Program Jun 2006

3052.228-70 Insurance Dec 2008 3052.242-72 Contracting Officer’s Technical Representative Dec 2003

I.2 CONTRACT CLAUSES INCORPORATED BY FULL TEXT

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (DEVIATION 20-05)

(a) Definitions. As used in this clause- "Covered article" means any hardware, software, or service that-

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph ( c )(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number( s ), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20-05) (AUG 2020)

(a) Definitions. As used in this clause— “Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China. “Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause) mailto:NDAA_Incidents@hq.dhs.gov https://dibnet.dod.mil/

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.