2.2.1 70FBR624R00000017, Level II Guard Service.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL ITEMS

Federal Emergency Management Agency Point of Contact: Michael Bonds

Phone: (202) 257-8893 Email: michael.bonds@fema.dhs.gov

Solicitation Number: 70FBR624R00000017 Posted Date: September 11, 2024 Deadline for Questions: September 13, 2024, NLT 2:00 p.m. ET Proposals Due: September 17, 2024, NLT 2:00 p.m. ET Classification Code: S206 – Guard Services Set Aside: Small Disadvantaged Business (SDB) NAICS Code: 561612 – Security Guards and Patrol Services

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Government estimates that the total value of Level II Armed Guard Services for one years (base period and all option periods) is between $2.1 and $2.9 million. The Government estimates that the total value of the Level II Armed Guard Services for 2 months (base period only) is between $$607k and $615k.

II. Solicitation 70FBR624R00000017 is being issued as a Request for Proposal (RFP).

III. This solicitation document and its incorporated provisions and clauses are those in Federal Acquisition Circular (FAC 2024-05), effective May 22, 2024.

IV. This effort is solicited as a SDB set-aside, with preference being given to local firms within the declared counties of New Mexico (Rio Arriba, San Juan, Lincoln, Otero, and Mescalero Apache Tribe) in accordance with the Robert T. Stafford and Local Community Recovery Act of 2006 under NAICS code 561612 – Security Guards and Patrol Services. The Small Business Size Standard is $29M. Per FAR 26.202, Local Area Preference, preference shall be given, to the extent feasible and practicable, to local firms. This effort will consider SDB offerors, with preference given to those businesses primarily in areas affected by severe storms and tornadoes as declared by Presidential Disaster Declaration DR-4795 in the state of New Mexico (see Attachments 5 - Disaster Declaration Map).

Please be advised, funds are not presently available. The Government’s obligation under this request is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. 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 award and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

V. Contract Line Items - All interested firms shall provide proposals for the solicited services described in Attachment 01 - Statement of Work (SOW) and Attachment 2: Pricing Schedule Worksheet.

VI. N/A

VII. Service will be required immediately after award. The period of performance will consist of a 2-month Base period, a 4-month option period and two 3-month Option periods. Service will be performed at both temporary and fixed facilities as designated by FEMA in support of disaster response and recovery operations in the state of New Mexico.

VIII. FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (Seo 2023), applies to this acquisition, as does an addendum.

IX. FAR 52.212-2, Evaluation – Commercial Products and Commercial Services (Nov 2021)

Proposal Instructions: The contractor’s response must be submitted in two parts (separate PDF files): a technical proposal and a price proposal. Each volume shall be separate and complete so that evaluation of each may be accomplished independently. Both the technical proposal and price proposal shall be submitted via email to the Contracting Officer.

a) The Government will award a labor-hour contract resulting from this solicitation to the responsible offeror whose offer confirming to the solicitation will be most advantageous to the Government, price and other factors considered. Offers will be evaluated for best value using trade-off criteria. The following factors will be used to evaluate offers:

1. Technical Capability

2. Past Performance

3. Price

Technical and past performance, when combined, are approximately equal to price.

(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).

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

Volume I: Technical Proposal

Contractors are required to submit a comprehensive and complete technical proposal that demonstrates their ability to perform the tasks described in the SOW. Contractors must be responsive to all the requirements of this notice and provide sufficient information to allow evaluation of the technical proposal per the evaluation factors. It must be concise, well written and presented in a clear straight-forward manner. Factor 1. Technical Capability shall be prepared using the following guidance:

Maximum of three (3) single-sided pages. Submitted on 8½” x 11” pages, using no less than ten (10) point character size. There are no page limitations for Factor 2. Past Performance. Contractors are required to adhere to all the page limitations. Information found on pages that exceed any page limitation will not be considered.

Factor 1. Technical Capability (limited to 10-pages)

The Contractor shall describe their proposed solution to achieve requirements outlined in the SOW and address the Offeror’s technical approach and methodology. At a minimum, the offeror shall address the functions and disciplines involved for each objective, skill levels, and quantity of resources and methods of operation.

The Contractor shall address how they will manage risks (both identifying and mitigating risks). In addition, the offeror shall include a detailed discussion on how any subcontracted work will be managed and integrated to ensure efficient and effective services are provided. The technical proposal will be evaluated to access the level of confidence that the Offeror will successfully meet SOW requirements.

RATING SCHEME FOR TECHNICAL PROPOSAL

RATING DESCRIPTION

High Confidence The Government has a high level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Some Confidence

The Government has a moderate level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Low Confidence

The Government has a low level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Factor 2: Past Performance (no page limit)

The submitted past performance experiences shall be of contractual work that is similar to the requirements set forth in this solicitation. Past experience summaries shall be for projects completed in the last three years or currently in progress, which are of similar size, scope, and complexity relevant to the effort required by this solicitation. Contracts listed may include those entered into by the Federal Government, agencies of the State and local governments, and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used. The following information shall be provided for each referenced contract:

a. Program title or project name

b. Contract number

c. Contract type

d. Brief synopsis of work performed.

e. Brief discussion of how the work performed is relevant to this solicitation.

f. Contract value

The Government will consider the aforementioned information, as well as information obtained from any other sources, when evaluating the offeror’s experience. The past performance evaluation will assess the Offeror’s record of recent and relevant work for government and private sector clients. Attachment 3: Past Performance Questionnaire is mandatory for submission.

RATING DEFINITIONS FOR PAST PERFORMANCE

RATING DESCRIPTION

Exceptional Based on an offeror’s past performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

Satisfactory

Based on an offeror’s past performance record, it is likely that the offeror will successfully perform the required effort.

Unsatisfactory

Based on an offeror’s past performance record, it is not likely that the offeror will successfully perform the required effort.

Neutral

No performance record is identifiable upon which to base a meaningful performance rating.

This is neither a negative nor positive assessment.

Volume II: Price Proposal

Factor 3. Price

Offerors shall complete Attachment 2: Pricing Schedule Worksheet and return with proposal submission.

Do not change the Government provided estimated level of effort; simply provide the name of your company and insert the fixed labor rate. The Government will verify calculations for accuracy.

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).

X. FAR 52.212-3, Offeror Representation and Certifications -Commercial Products and Commercial Service (May 2024) is not required to be completed in response to this solicitation. All vendors must be registered in System for Awards Management (http://www.sam/gov/portal) to be eligible for award.

XI. FAR 52.212-4, Contract Terms and Conditions (Nov 2023), applies to this acquisition.

XII. FAR 52.212-5, Contract Terms and Conditions Required to Implement Status of Executive Orders – Commercial Products and Commercial Services (May 2024) applies to this acquisition, with the following additional clauses specifically cited and applicable to this acquisition: (b)(1) 52.203-6; (b)(4) 52.203-17; (b)(5) 52.204-10; (b)(7) 52.204-14; (b)(9) 52.204-27; (b)(12) 52.209-6; (b)13) 52.209-9;

(b)(18) 52.219-6; (b)(23) 52.219-14; (b)(31) 52.222-3; (b)(33) 52.222-21; (b)(35) 52.222-35; (b)(36) 52.222-36; (b)(37) 52.222-37; (b)(38) 52.222-40; (b)(39) 52.222-50; (b)(40) 52.222-54; (b)(48) 52.223- 18; (b)(51)(i) & (ii); (b)(51) 52.225-13; (b)(53) 52.226-4; (b)(54)52.226-5; (b)(62) 52.232-33; (c)(1) 52.222-41; (c)(2) 52.222-42; (c)(3) 52.222-43; (c)(7) 52.222-55; (c)(8) 52.222-62.

XIII. In accordance with FAR 52.252-1 and FAR 52.252-2, the following solicitation clauses and provisions are incorporated by reference, available at www.acquisition.gov/far/:

FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-19 Incorporation of Reference of Representation and Certifications FAR 52.224-1 Privacy Act Notification FAR 52.224-2 Privacy Act FAR 52.233-2 Service of Protest FAR 52.246-25 Limitation of Liability – Services

FAR 52.212-1 Addendum – As noted at item VIII this Addendum replaced the text of FAR 52.212-1 in its entirety:

Instructions to Vendors – Commercial Items

(a) Proposals must be received by Tuesday, September 17, 2024, 2:00 pm ET. Submission shall be via email to michael.bonds@fema.dhs.gov As a minimum, proposals must contain:

(1) The Request for Proposal number;

(2) The name, address, and telephone number of the vendor;

(3) Item Quantity and Description of items being proposed in sufficient detail to evaluate compliance with the requirements in the sonication. This may include product literature, or other documents, if necessary;

(4) Price and any discount terms;

(b) Prospective offerors must be registered in the System for Award Management (SAM) (www.sam.gov) in order to be eligible for award. All responsible sources may submit a proposal which, if timely received, shall be considered by this agency. The Government will award a labor-hour contract resulting from this RFQ to the responsible offeror whose offer provides the best valued proposal to the government.

(c) Late submissions.

(1) Vendors are responsible for submitted proposals to reach the Government office designated by the date and time specified in this solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 pm, local time, for the designated Government office on the date that proposals are due.

(2) Any proposal received at the Government office designated in the solicitation after the exact time specified for receipt of proposals is considered late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late proposal would not unduly delay the acquisition.

(d) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or proposals for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).”

(1) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

(e) The Stafford Act – Local Area Evaluation Preference

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except for offers who reside or primarily do business in the disaster or emergency area. The factor of 10 percent shall be applied on a line-item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. When the two highest rated offerors are a local business concern and a non-local business concern, and the evaluated offer of the local business concern is equal to the evaluated offer of the non-local business concern after considering the price evaluation preference, award will be made to the local business concern.

(2) Local Area Offerors: If an offeror fails to comply with local area criterion or the contracting officer determines the offeror does not meet the criteria that it resides or primarily does business in the disaster or emergency area, then its offer will be evaluated by adding a factor of 10 percent to its price.

FAR 52.212-4 (Nov 2023) Alternate I

When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:[Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’."]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:[Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’)."]

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

FAR 52.216-1, Type of Contract (Apr 1984)

The Government contemplates award of a labor-hour contract resulting from this solicitation. (End of Provision)

FAR 52.217-5 Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or proposals for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision)

FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) day. (End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one

(1) day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least three (3) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 18-months. (End of clause)

52.226-3 Disaster or Emergency Area Representation (Nov 2007)

(a) Set-aside area. The area covered in this contract is: New Mexico.

(b) Representations. The offeror represents that it □ does □ does not reside or primarily do business in the designated set-aside area.

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months-

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror’s gross revenues and employed at least half of the offeror’s permanent employees.

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include-

(1) Physical location(s) of the offeror’s permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror’s gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation.

(End of provision)

52.224-3 Privacy Training – Alternate I (DEVIATION)

(a) Definition. As used in this clause, personally identifiable information means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular A–130, Managing Federal Information as a Strategic Resource).

(b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or

(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.1 and 39.105).

(c) The contracting agency will provide initial privacy training, and annual privacy training thereafter, to Contractor employees for the duration of this contract. Contractor employees shall satisfy this requirement by completing Privacy at DHS: Protecting Personal Information accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Training shall be completed within 30 days of contract award and be completed on an annual basis thereafter not later than October 31st of each year.

(d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the Contracting Officer.

(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records. (End of clause)

HSAR 3052.205-70 Advertisements, Publicizing Awards, and Releases

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. (End of clause)

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

https://www.acquisition.gov/browsefar

(a) Clauses.

HSAR 3052.204-71 Contractor Employee Access HSAR 3052.204-72 Safeguarding of Controlled Unclassified Information HSAR 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents HSAR 3052.242–72 Contracting Officer's Representative (Dec 2003)

FAM 3X05.470-90 Press Releases

Advertisements, Publicizing Awards, and Press Releases

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

Information Technology Security Awareness Training (Jul 2023)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via email notification not later than October 31st of each year. The email notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award.

Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information.