2.2.1-70FA5021R00000001 Final2.pdf

PDF 1 MB Posted Aug 3, 2021

Attached to: FEMA DECD Fleet Maintenance Federal contract opportunity
Solicitation number: 70FA5021R00000001
Issued by: Federal Emergency Management Agency National Community Section

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. THIS CONTRACT IS A RATED

5. DATE ISSUED 4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

RATING 1

SOLICITATION, OFFER AND AWARD

2. CONTRACT NUMBER

PAGE OF PAGES

1 108

6. REQUISITION/PURCHASE NUMBER

WX02301Y2021T

7. ISSUED BY CODE

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT WEATHER EMERGENCY OPERATIONS CTR

ATTN: DAN LARUSSA (202)316-3982

19844 BLUE RIDGE MOUNTAIN ROAD

MT WEATHER, VA 20135-2006

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in See Sections L.7 & L.8 until

(Hour) local time

(Date)

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME

Daniel R. LaRussa

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

daniel.larussa@fema.dhs.gov AREA CODE

NUMBER

316-3982

EXT.

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 18

X B SUPPLIES OR SERVICES AND PRICES/COSTS 5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6 X J LIST OF ATTACHMENTS 64

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 9

X G CONTRACT ADMINISTRATION DATA 10 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 72

X H SPECIAL CONTRACT REQUIREMENTS 16 X M EVALUATION FACTORS FOR AWARD 80

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 0 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

AWARD (To be completed by government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253 (c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copiesunless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

Matthew Raible

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARDDATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previousedition is unusable

STANDARDFORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232.8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGEMENT OF AMENDMENTS

(Theofferor acknowledges receipt of amendments to the SOLICITATION for offerors and relateddocuments numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

ADDRESS

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

08/03/2021 mailto:daniel.larussa@fema.dhs.g

NAME OF OFFEROR OR CONTRACTOR

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

70FA5021R00000001

PAGE OF

4 108

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

2001 FLEET MANAGEMENT & MAINTENANCE SUPPORT 1 MO

Option Year Two: FFP Monthly fee for Fleet

Management Support Services.

2002 NATIONWIDE ROADSIDE ASSISTANCE 1 EA

Option Year Two: Fixed Unit Fee (per call) for

Nationwide Roadside Assistance

2003 REPAIR MANAGEMENT 1 EA

Option Year Two: Fixed Unit Fee (per call) to manage incident specific repairs when vehicle/equipment needs to be repaired in a shop.

2004 REPAIRS - NON-DISASTER (Time and Materials) 1 EA

Option Year Two: Time and Materials CLIN for all repairs and towing costs inclusive of Labor

Hours and Materials. The Contractor will be given a Not to Exceed (NTE) amount/Ceiling Price. If at any time during performance of this contract, the

Contractor has reason to believe that the total price to the Government will be greater than the stated ceiling price, the Contractor shall notify the Contracting Officer within 24 hours.

2005 REPAIRS - DISASTER (Time and Materials) 1 EA

Option Year Two: Time and Materials CLIN for all

Disaster related repairs and towing costs inclusive of Labor Hours and Materials. The

Contractor will be given a Not to Exceed (NTE) amount/Ceiling Price. If at any time during performance of this contract, the Contractor has reason to believe that the total price to the

Government will be greater than the stated ceiling price, the Contractor shall notify the

Contracting Officer within 24 hours.

70FA5021R00000001

Department of Homeland Security (DHS)

Federal Emergency Management Agency (FEMA)

DISASTER EMERGENCY COMMUNICATIONS DIVISION

(DECD)

FLEET REPAIR AND RECOVERY SERVICES

Request for Proposal

(RFP)

70FA5021R00000001

August 03, 2021

70FA5021R00000001 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 TYPE OF CONTRACT

This is an Indefinite Delivery/ Indefinite Quantity contract allowing for Firm Fixed Price and Time and Materials Task

Orders.

B.2 IDIQ FFP & T&M CLINS

Cost/Price Template for Base Period and Each Year of the contract are detailed in Attachment G to this contract. These rates shall be used to price all FFP task orders under this contract. CLIN 0001 will be billed monthly for Fleet

Management and Maintenance Support. CLIN 0002 will be billed as a Fixed Unit Fee as needed for Roadside Assistance calls. CLIN 0003 will be billed as a Fixed Unit Fee as needed for Repair Management.

Firm Fixed Pricing will be established for CLIN’s 0001, 0002 and 0003. The COR will provide technical direction for services listed under each CLIN. The contractor will not be paid more than the Firm Fixed Price for each Task Order, or the Fixed Unit Fee for each service as indicated in the SOW.

Time and Materials Task Orders will be utilized for repair and towing costs. The contractor shall invoice only for the labor, time and materials of the personnel whose services are applied directly to the work called for an individual task order and accepted by the Contracting Officer’s Representative (COR). CLIN’s 0004 (Repair & Towing for non-disaster) and 0005 (Repair & Towing for disaster) are the CLINS that will be utilized to bill for these requirements. The contractor shall ensure that detailed invoices are received by the government which breakdown all time, labor and material costs for each Task Order. See “Attachment A SOW” for details of each T&M CLIN.

B.3 MINIMUM AND MAXIMUM AMOUNTS

(a) During the Base Period, the Government shall place orders totaling a minimum of $500.00 for this contract.

(b) The maximum that than can be ordered during the total Period of Performance of this contract is the total funding amount.

70FA5021R00000001 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Statement of Work for this contract is listed in Section J and is contained in Attachment A of this solicitation.

[For this Solicitation, there are NO clauses in this Section]

70FA5021R00000001 Section D

SECTION D - PACKAGING AND MARKING

N/A

[For this Solicitation, there are NO clauses in this Section]

70FA5021R00000001 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4

52.246-6

52.246-20

INSPECTION OF SERVICES—FIXED PRICE

INSPECTION--TIME-AND-MATERIALS AND

LABOR-HOUR

WARRANTY OF SERVICES.

AUG 1996

MAY 2001

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection: TBD/Multiple Locations throughout CONUS.

Acceptance: Same as above

E.3 PERFORMANCE EVALUATION

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work performed or being performed at the location at which it is being performed.

If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide and shall require the Subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives shall be performed in such a manner as will not unduly delay work. The

Government will endeavor to conduct all audits, inspections and evaluations in accordance with the highest levels of established professional auditing practices and standards. If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be discussed with Government prior to implementation. The Government representative are extended to include agents i.e., auditors, and/or other contractors.

70FA5021R00000001 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

52.242-15 STOP-WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 ORDERING PERIOD

The ordering period for this contract shall be from the effective date of the contract through three (3) years (inclusive of options).The period of performance for task orders shall not extend beyond one (1) year from the last day of the ordering period of the contract.

F.3 PLACE OF PERFORMANCE

The work required under this contract shall be performed in accordance with the locations specified in the individual task orders.

F.4 NOTICE OF DELAY

If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the

Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons, therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the

Contractor but in no event less than forty-five (45) days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer. When notice is so required, the Contracting Officer may extend the time specified in the schedule for such period as deemed advisable.

F.5 DELIVERY SCHEDULE

All services under this contract shall be delivered in accordance with the terms and conditions set forth in this contract and/or as contained in properly executed task orders pursuant to the provisions of this contract. Types of services required along with specific delivery/performance parameters, milestones, invoicing schedules, dates, and locations will be specified in each Task Order.

70FA5021R00000001 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer:

Name: Matthew Raible

Phone: 202-507-1798

Email: Matthew.Raible@fema.dhs.gov

Contract Specialist:

Name: Daniel LaRussa

Phone: 202-316-3982

Email: Daniel.LaRussa@fema.dhs.gov

Contracting Officer's Representative:

Name: Lonnie Spry Phone: 202-714-8219

Email: Lonnie.Spry@fema.dhs.gov

G.2 ORDERING—BY DESIGNATED CONTRACTING OFFICIALS

(a) The Government will order any supplies and services to be furnished under this contract by issuing Task Orders on

Optional Form 347, or an agency prescribed form, from the effective date of the contract through the expiration date of the contract. Task Orders will only be issued by a Contracting Officer.

(b) A Standard Form 30 will be the method of modifying Task Orders.

Materials type tasks orders: when the Contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next (30) days, will bring the total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative

(COR) in writing within 24 hours.

(d) The Government may also place Firm Fixed Price Task Orders, when possible. Firm Fixed Task Orders will be utilized when the task order requirement can be defined.

G.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of full funding amount.

(2) Any order for a combination of items in excess of full funding amount.; or

(3) A series of orders from the same ordering office within (1) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal mailto:Matthew.Raible@fema.dhs.gov mailto:Daniel.LaRussa@fema.dhs.gov mailto:Lonnie.Spry@fema.dhs.gov

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within (1)days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

G.4 TASK ORDER PROCEDURES

(a) One or more Task Orders (TOs) will be issued during the performance of this contract.

(b) TASK ORDER SUBMISSION PROCESS

CLIN 0001 - FFP Task Order issued to cover monthly Fleet Management & Maintenance Support.

CLIN 0002 – Incident specific Fixed Unit Fee Task Order issued to cover Nationwide Roadside

Assistance calls.

CLIN 0003 - Incident specific Fixed Unit Fee Task Order issued to cover coordination of individual Repair Management incidents.

CLIN 0004 - T&M Task Order for repairs and towing during times of non-disaster.

CLIN 0005 -T&M Task Order for Disaster repairs and towing during times of disaster.

(c) The Government will issue task order proposal requests for each task order, but reserves the right to issue task orders with firm fixed price CLINs without requesting proposal. The task order proposal request for task orders with T&M

CLINs will be evaluated according to the SOW.

(d) FEMA has an immediate need and intends to issue an initial task order at time of award.

(e) The awardee will generally be allowed between 7 and 14 calendar days to prepare and submit proposal/quote. However, more or less time may be necessary, based on the requirement and situation. The due date shall be set forth in each Task

Orderproposal request. The Contractor must utilize GSA schedule pricing (Category 81111) and/or obtain multiple quotes to the maximum extent practicable for Time and Material CLIN’s 0004 and 0005. The Contractor should exhaust all efforts to locate a GSA schedule vendor(s). If no GSA contract exists for that area or is not practicable, then the Contractor shall locate multiple vendors and obtain additional quote(s) on the repairs or maintenance. If at least three quotes cannot be obtained, then the Contractor shall document the actions under this section and notify the COR within 48 hours. If the Contractor obtains the appropriate number of quotes, the Contractor should provide these quotes to the COR for approval.

(f) Price Proposals: A written proposal will be required for each Task Order. This part of the proposal shall include detailed pricing amounts for all resources required to accomplish the task (labor, materials, etc.).

Task Order or unless authorized in writing by a contracting officer.

(d) Task Funding Restriction: No unfunded tasks are permitted.

(e) Task Order Issuance: Task Orders may be distributed issued by electronic mail.

G.5. BILLING INSTRUCTIONS

Contractors will 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 http://www.gsa.gov/portal/forms/type/SF contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-Finance-Vendor-

Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer 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, and the payment office.

G.6 DEFECTIVE OR IMPROPER INVOICES

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

TBD AT TIME OF AWARD

G.7 INVOICE APPROVAL

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: Lonnie Spry

Title: COR

Phone: 202-714-8219

Email: lonnie.spry@fema.dhs.gov

G.8 INVOICE INSTRUCTIONS

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.

mailto:Payments@fema.dhs.gov mailto:lonnie.spry@fema.dhs.gov

(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.

INVOICE PREPARATION INSTRUCTIONS 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.9 EVALUATION OF CONTRACTOR PERFORMANCE (Service)

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. 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.

G.10 TECHNICAL DIRECTION

(a) Statement of 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 Section C of 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) 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;

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

(4) Interferes with the Contractor 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 (4) 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 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 FAR clause 52.243-7 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 http://www.cpars.gov/ a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the

"Disputes" clause(see FAR 52.233-1) 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 whom the Contracting Officer shall appoint shall be at the Contractor risk.

70FA5021R00000001 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 COMMENCEMENT OF WORK

No work under this contract shall commence until such time as a task order is issued by the Contracting Officer in writing.

H.2. SUBCONTRACTING PLAN

The successful Offeror will be required to submit a subcontracting plan. The subcontracting plan submitted will include the goals set forth below for each socio-economic grouping listed. The goals will be applied to the total value of each year of performance. For example, if the total value of the contract for each year is $1 million and the total period of performance is a base year and four one-year options, the subcontracting goal for all small businesses for the base period and every option period is $400,000 for a total of $2 million over the life of the contract. Each subcontracting plan submitted will be reviewed to determine whether the successful offeror has submitted an acceptable subcontracting plan. See Section L for additional instructions on the submission of the subcontracting plan.

Category Subcontracting Goal Overall Small Business 23% 8(a) Prime 2.5% Non 8(a) SDB 2.5% Overall SDB 5% HubZone 3%

SDVOSB 3%

WOSB 3%

H.3 GOVERNMENT CONTRACTOR RELATIONS – NON-PERSONAL SERVICES

The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the government to afford both parties a full understanding of their respective obligations.

(a) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other FEMA contracts, or become a part of the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

(b) Employee relationship.

(1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor’s personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

70FA5021R00000001 Section H

(2) Rules, regulations, directives, and requirements that are issued by DHS/FEMA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(c) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this contract are not subject to Federal income tax withholdings.

(2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits by virtue of this contract.

(4) The Contractor is not entitled to workman’s compensation benefits by virtue of this contract.

(5) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.

(d) Notice. It is the Contractor’s, as well as, the Government’s responsibility to monitor contract activities and notify the

Contracting Officer if the Contractor believes that the intent of this clause been or may be violated.

(1) The Contractor should notify the Contracting Officer in writing promptly, within five (5) calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimized cost, delay or disruption of performance.

(2) The Contracting Officer will promptly, within ten (10) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either: (i) Confirm that the conduct is in violation and when necessary direct the mode of further performance, (ii) Countermand any communication regarded as a violation, (iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or (iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond.

H.4 TRAVEL

The Government will not reimburse the contractor for travel to/from or parking at primary place of performance. Local travel costs or parking for temporary duty assignments within the local commuting area will not be reimbursed under this contract. For this contract, the local commuting area is defined as a temporary duty station outside the “primary place of performance”, but within the vicinity around surrounding it. If the site is a driving distance of less than 50 miles, by the most direct route, from the primary place of performance, the site is part of the local commuting area. Contractor travel beyond the local commuting area shall be required to support this contract. All travel required by the Government outside the local commuting area(s) will be reimbursed to the contractor in accordance with the Federal Travel Regulations (FTR). The contractor shall be responsible for obtaining CO approval (electronic mail is required) in advance of each travel event. The contractor shall provide documentation for travel expenses, including receipts, to support travel reimbursement upon request.

70FA5021R00000001 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT

CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/sites/default/files/current/far/pdf/FAR.pdf

(End of clause)

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES

TO THE GOVERNMENT ALTERNATE I (OCT

1995)

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE

WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.211-6

52.212-1

BRAND NAME OR EQUAL

INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS

AUG 1999

JUN 2020

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2020

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO

BAN TEXT MESSAGING WHILE DRIVING

JUN 2020

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

FEB 2021

52.225-25 PROHIBITION ON CONTRACTING WITH

ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN-- REPRESENTATION AND

CERTIFICATIONS

JUN 2020

52.227-14 RIGHTS IN DATA-GENERAL MAY 2014

52.232-1 PAYMENTS APR 1984

52.232-7 PAYMENTS UNDER TIME AND MATERIALS

AND LABOR HOUR CONTRACTS

AUG 2012

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY 1999

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS

JUN 2013

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF

CONTRACT CLAIM

OCT 2004

52.243-3 CHANGES-TIME-AND-MATERIALS OR

LABOR HOURS

SEP 2000

52.244-2 SUBCONTRACTS JUN 2020

https://www.acquisition.gov/sites/default/files/current/far/pdf/FAR.pdf

I.1 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment. (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph

(v)

(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at

52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-

25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(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.

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. Nothing in the prohibition shall be construed to—

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

(https:// www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(ii) For covered services—

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissibleunder the prohibition in paragraph (b)(2) of this provision.

(End of provision)

I.2 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT

2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video

Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https:// www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

I.3 52.212-2 Evaluation-Commercial Items. (Oct 2014)

(a) 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 following factors shall be used to evaluate offers: See Section M

Technical and past performance, when combined, are: See M.4[]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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File details come from the government source that posted it. Updated Aug 3, 2021.