2.2.1 Solicitation 70FBR425Q00000050.pdf
PDF 504 KB Posted
- Attached to
- Amendment 0005 Direct Lease (DR4827NC) Federal contract opportunity
- Solicitation number
- 70FBR425Q00000050
- Issued by
- Federal Emergency Management Agency
About this file
This is a Request for Quote (RFQ) solicitation document issued by FEMA seeking Property Management Companies to provide Direct Lease temporary housing for eligible applicants affected by Tropical Storm Helene in North Carolina. The solicitation (70FBR425Q00000050) will result in multiple Blanket Purchase Agreements (BPAs) for furnished, turnkey residential properties including 1-4 bedroom units with all utilities, maintenance, and property management services included.
The solicitation is set aside for small businesses under NAICS 531110 (Lessors of Residential Buildings and Dwellings) with a size standard of $34M. BPAs will have a one-year base period plus four one-year options, with individual call orders having 12-month base periods and one 6-month option. Questions are due by January 8, 2025 at 1:00 PM EST, with quotes due January 13, 2025 at 5:00 PM EST. Properties must be safe, sanitary, functional, meet HUD Housing Quality Standards, and be within reasonable commuting distance to community services. Hotels/motels are not eligible. Call orders under the BPAs cannot exceed 18 months after disaster declaration unless specifically extended.
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
70FBR4
See Schedule
000000 CODE 16. ADMINISTERED BYCODE
X
X
X
531110
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FBR4
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
01/13/2025 1700 ES
01/03/2025
Janice Joseph (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
70FBR425Q00000050
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 52 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
VARIOUS LOCATIONS
15. DELIVER TO
ATLANTA GA 30341
3005 CHAMBLEE TUCKER ROAD
ADMINISTRATIVE SERVICESCONTRACTING
FEDERAL EMERGENCY MANAGEMENT AGENCY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$34
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
FEMA REGION 04
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ADMINISTERED BY:
FEMA REGION 04
FEDERAL EMERGENCY MANAGEMENT AGENCY
ADMINISTRATIVE SERVICESCONTRACTING
3005 CHAMBLEE TUCKER ROAD
ATLANTA GA 30341
As a result of this combined synopsis / solicitation, the Government intends on awarding multiple Blanket Purchase Agreement(s) (BPAs), in accordance with the Federal Acquisition Regulation (FAR) 13.303, 13.500, and 18.203 and
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Victor Hinojosa
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
individual BPA terms and conditions. The
Government reserves the right to award more than one Blanket Purchase Agreement, or none from this solicitation. The Government reserves the right to award additional master BPA(s) to other companies after the solicitation closes, based on the needs of the Government. The Government also reserves the right to award multiple BPAs to local small businesses, local firms, and Quoters outside of the local disaster area, if the
Government deems it beneficial to accomplish this requirement in support of current or future declared disasters. For this requirement, the major disaster local area is the State of North
Carolina. The North American Industrial
Classification System (NAICS) code is 531110, entitled Lessors of Residential Buildings and
Dwellings. The small business size standard is
$34.0 million. This is a Firm-Fixed-Price commercial requirement.
Questions Due Date: Offerors must submit questions no later than 1:00 PM Eastern Standard time on January 08, 2025. Please e-mail questions to Victor.Hinojosa@fema.dhs.gov &
Janice.Joseph@fema.dhs.gov. Responses to questions will be posted January 09, 2025, using
Attachment 3a Questions & Answers.
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
52 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 52
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FBR425Q00000050
Quotes Due Date: Offerors must submit their quote no later than 5:00 PM Eastern Standard time on
January 13, 2025. Please e-mail quotes to
Victor.Hinojosa@fema.dhs.gov &
Janice.Joseph@fema.dhs.gov
The Department of Homeland Security (DHS) Federal
Emergency Management Agency (FEMA) has a requirement for Direct Lease Contractors. The
FEMA Direct Lease program is a housing assistance program to lease furnished turnkey (Reference
Contract Line-Item Number (CLIN) 0001) properties for the purpose of providing temporary housing to eligible applicants who are displaced due to a declared Emergency or Disaster event. FEMA may utilize these units for eligible applicants who are unable to use rental assistance due to lack of available resources. Note: the term Contractor will be used to refer to the Property Management
Company hereafter are interchangeable. The
Contractor shall identify multiple potential direct lease properties that are under their management and close to the damaged dwellings and located within reasonable commuting distance to community and wraparound services, such as accessible public transportation, schools, fire and emergency services, grocery stores, etc., so not to place an undue hardship on the applicants.
Reference SOW Place of Performance section for reasonable commuting distance.
The Property Management services are described in the Statement of Work (SOW)associated with this requirement, and the terms and conditions of the basic BPA and associated BPA Call order contracts.
(a) This shall include existing furnished residential properties for lease (e.g., corporate apartments, vacation rentals, and second homes), (single family and multiple occupancy), or any other type of residential property that meets the criteria of a Direct Lease property, as defined by FEMA and the standards identified in the SOW.
All essential utilities, appliances, and furnishings must be included; these must be functional, and available units must contain a separate bathroom, kitchen, and living space.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 52
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FBR425Q00000050
Enough properties should meet the accessibility needs of survivors with disabilities or other access or functional needs, or can be modified to allow access, if necessary. Hotels, motels, and similar transient lodgings are not eligible locations for Direct Lease. The Contractor shall evaluate and document that each property is safe, sanitary, and functional.
• Safe means secure from disaster-related hazards, no threats to occupants, and meets the
HUD Housing Quality Standards (HQS) and all relevant building and occupancy standards and regulation requirements.
• Sanitary means free of health hazards.
• Functional means an item or home capable of being used for its intended purpose.
The Master BPA Period of Performance shall not exceed five (5) years from date of award and consists of one-year base plus four one-year option period. BPA call orders will consist of a
12-month base and one (1) 6-month option period.
The end date of the period of performance for any issued call order for a declared disaster, inclusive of any and all options, shall not exceed 18-months after the disaster declaration date. FEMA intends to issue, Call Orders, immediately after awarding this Master BPA, to be competed amongst all BPA holders.
0001 Firm-Fixed-Price (FFP). Monthly Rental Payment 1 MO
Per Blanket Purchase Agreement (BPA) terms and conditions, Statement of Work (SOW), and approved
BPA price lists agreed to by the FEMA Contracting
Officer and BPA holder, provide turnkey 1, 2, 3, or 4 bedroom furnished residential units in North
Carolina , inclusive of all services and items required for a safe, sanitary, and functional housing unit, to include all taxes, utilities
(water, electric, gas, propane, heating oil, fuel, etc. as required), building and unit maintenance, property management fees, trash pickup, parking, lawn care, pest control, storm
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 52
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FBR425Q00000050
preparations, etc. Reference SOW Exhibit 6 for releasing Units back to the Owner. FEMA may pay a prorated amount for the portion of the month that
FEMA continues to use the rental unit, if applicable, based on the monthly rate divided by
30 days to get a daily rate.
(Not Separately Priced)
Product/Service Code: X1FZ
Product/Service Description: LEASE/RENTAL OF
OTHER RESIDENTIAL BUILDINGS
0002 Security Deposit retained by FEMA (Not-to-Exceed 1 EA
(NTE) One-month rental payment per unit)
All security deposits will be retained by FEMA.
Amount of [INSERT AMOUNT OF DAMAGE SECURITY
DEPOSIT] ($ [INSERT AMOUNT PER UNIT] x NUMBER OF
UNITS) is established as a damage security deposit. The Property Management Company agrees to comply with state law governing the use of security deposits. The Owner will submit a claim request for repair of damage above normal wear and tear caused by the Applicant. FEMA will be permitted to inspect the unit for assessment of the damage, up to the NTE one-month rental FMR amount. Once the claim is approved by the FEMA
Contracting Officer, the Owner will invoice for payment of repairs for damage only above normal wear and tear by referencing this CLIN. The damage amount shall not exceed the security deposit CLIN. Reference SOW Exhibit 2, Direct
Lease Contract Terms and Conditions. Any damage claims shall be documented with receipts, proof of payment to third party, and pictures.
(Not Separately Priced)
Product/Service Code: X1FZ
Product/Service Description: LEASE/RENTAL OF
OTHER RESIDENTIAL BUILDINGS
0003 Early Termination fee. 1 EA
Early Termination fee, if applicable.
Not-to-Exceed 2 months’ rental rent. In accordance with SOW Exhibit 2, FEMA will pay an early termination price up to 60 days.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 52
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FBR425Q00000050
(Not Separately Priced)
Product/Service Code: X1FZ
Product/Service Description: LEASE/RENTAL OF
OTHER RESIDENTIAL BUILDINGS
0004 Access Functional Need (AFN) / American 1 EA
Disability Act (ADA) case by case, only if required.
If American Disabilities Act (ADA)/Access and
Functional Needs (AFN) compliance is required and not already provided in the unit, or other improvements are required to provide reasonable accommodations for an eligible applicant, the costs will be factored into the contract if FEMA makes the modifications. If the owner chooses to make the modifications/improvements, FEMA will pay a negotiated fixed amount for the costs. All work will be in compliance with Disabilities Act
Accessibility Standards (ADAAG), and building codes and standards, along with other Federal requirements. The Government Contracting Officer must approve the changes prior to ordering of any materials and prior to any work beginning.
Reference SOW Exhibit 2, Direct Lease Contract
Terms and Conditions.
(Not Separately Priced)
Product/Service Code: X1FZ
Product/Service Description: LEASE/RENTAL OF
OTHER RESIDENTIAL BUILDINGS
Per Blanket Purchase Agreement (BPA) terms and conditions, Statement of Work (SOW), and approved
BPA price lists agreed to by the Government
Contracting Officer and BPA holder, provide turnkey 1, 2, 3, or 4 bedroom furnished residential units in the State of North Carolina
, inclusive of all services and items required for a safe, sanitary, and functional housing unit, to include all taxes, utilities (water, electric, gas, propane, heating oil, fuel, etc.
as required), building and unit maintenance, property management fees, trash pickup, parking, lawn care, pest control, storm preparations, etc.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
2 - Section 2 4 - Section 4 5 - Instructions to Quoters & Evaluation Criteria and Basis for Award
2 - Section 2
BASIC BLANKET PURCHASE AGREEMENT
Between
CONTRACTOR
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
AUTHORITY: This is a Blanket Purchase Agreement (BPA) that is centrally managed by the Federal Emergency Management Agency (FEMA) and is established in accordance with (IAW) Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements (BPAs). IAW FAR 13.303-6, a sufficient random sample of the BPA files shall be reviewed by the Contracting Officer, or a designated representative of the Contracting Officer, the Contracting Officer’s Representative (COR), at least annually to ensure that authorized procedures are being followed and updated at that time, if necessary. The Contracting Officer that entered into the BPA shall - (1) Ensure that each BPA is reviewed at least annually and, if necessary, updated at that time; and (2) Maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements. Your company will be notified in writing if the Contracting Officer considers making changes to or canceling this agreement. Reference paragraph 19 of this agreement for basic master BPA cancellation terms.
TERMS AND CONDITIONS
1. Description of Agreement: When requested by the FEMA Contracting Officer, or the authorized COR, the Company, CONTRACTOR shall execute services to lease rental units for the purpose of providing temporary housing to eligible applicants who are displaced by a disaster, to include the Direct Lease Property Management Statement of Work (SOW) services, and all terms and conditions of the BPA. The delivery location is areas throughout the State of North Carolina, with specific locations identified in the BPA Call order. The Contracting Officer approved Price list is in SOW Exhibit 5. This agreement is effective upon award and for a period of five years after award date, unless cancelled earlier by either party.
The BPA Call order dollar limitation is identified below. The CONTRACTOR shall not deliver more than the quantities specified under each individual BPA Call order. All housing units will be inspected by the FEMA COR prior to the order. The COR has the right to refuse acceptance of the units that do not meet the minimum HUD standards. The Property Manager maintains ownership and responsibility for the housing units while occupied by eligible applicants.
2. Extent of Obligation: FEMA is only obligated to the extent of the authorized calls made under the BPA by the FEMA Contracting Officer or designated COR. All terms and conditions of this basic master BPA, to include the BPA Clauses, SOW, etc., apply to each associated individual BPA Call. An individual BPA is considered complete when the services under it equal its total dollar limitation, if any, or when its stated time period expires.
3. Blanket Purchase Agreement Contractor Selection: Company (Contractor) was selected based on the following: (1) The Contractor offers quality services and rental units at fair and reasonable prices; and (2) the Contractor satisfies a mission requirement for the FEMA Individual and Household program under Direct Housing mission through the provision Direct Lease Property Management services. To maintain this agreement, the Contractor shall maintain an acceptable active registration in the System for Award Management (SAM) and maintain North Carolina state, county, and city registration and business licenses.
The Contractor shall comply with all applicable North Carolina laws, to include local laws (county and city), executive orders, rules, and regulations applicable to the performance of orders placed against this agreement.
4. Pricing: At all times, the prices charged by the Contractor shall be as low as, or lower than those charged to the Contractor’s most favored customer for similar type housing units under similar terms and conditions, in addition to any discount for prompt payment. Every quoted price for each housing unit identified as being available on the market shall not exceed the prices identified on the approved Contracting Officer Price List. Each price quoted for the individual BPA Call request shall contain maximum discounts and inclusive of all costs to deliver furnished turnkey housing units. To ensure maximum practicable competition, all BPA Calls greater than the FAR Micro-purchase threshold, currently $20,000.00, will be competed amongst other BPA holders, if available bedroom size is identified on the daily status reports provided to the FEMA COR or designee and in the required place of performance.
Therefore, it is in the best interest of the Contractor to submit its best price with every quote, to ensure your company receives the order.
5. Contractor’s Price List: The Contractor shall submit a published price list and provide any updates to it, if the Contractor maintains such a listing. The list shall encompass, as a minimum:
a. Number of Bedrooms
b. Property Address with Unit number
c. ADA and AFN status
d. All-inclusive Unit price, not to exceed Contracting Officer approved price list.
6. Accounting and Appropriation Data: This master basic BPA does not obligate any funds. The Accounting and Appropriation data will be cited on each individual BPA Call placed with your company by the FEMA Contracting Officer.
7. Individual Purchase Limitation– BPA Call Order Limitations: In accordance with current FAR 13.303-5(b)(2), the limitation for individual purchases for commercial products and commercial services acquisitions conducted under subpart 13.5 is $7.5 million ($15 million for acquisitions as described in 13.500(c). The services provided under this BPA are for commercial services. The current Department of Homeland Security Acquisition Manual (HSAM) 3013.303-5, Purchases under BPAs, states “Individual purchases of commercial products and commercial services under BPAs, other than BPAs established in accordance with FAR 13.303-2(c)(3), may exceed the simplified acquisition threshold up to the dollar limitation specified in FAR 13.500. Since this BPA is established to support response to an emergency or major disaster, IAW FAR 13.500, the simplified acquisition procedures authorized in this subpart may be used for acquisitions that do not exceed $15 million.
8. Individuals Authorized to Place Calls and Call Limitation under the BPA: Only a warranted FEMA Contracting Officer is authorized to place calls under this BPA. No order shall exceed available funding and the $15M threshold identified above. At basic master BPA award, an appointed COR will be identified and updated as necessary. The COR will assist the Contracting Officer with each BPA Call.
9. Call Procedure: BPA Calls shall be placed only by a FEMA Contracting Officer. After seeking competition, if required, for pricing from eligible BPA holders on approved housing units, an order shall be considered placed when the Contracting Officer requests the purchase of services under this agreement by electronic mail (e-mail), Standard Form 1449, or letter. Each request for services shall be assigned by a
Contracting Officer, an official BPA Call Number. This number shall suffice as the order number. The Contractor shall ensure that the Contracting Officer assigned BPA Call number is associated with each order and that this number appears on each delivery ticket, as well as the summary invoice to identify each service delivered. Payments will be made via Electronic Funds Transfer (EFT) to your banking institution.
10. Term and Conditions of Ordering: The Contractor has one calendar day to confirm acceptance of any order placed. If at the time the BPA Call is placed and the Contractor is not able to comply or supply the housing unit in the delivery time specified in the order, the Contractor shall immediately notify the Contracting Officer and provide the earliest anticipated delivery schedule for approval/disapproval.
Otherwise, the BPA Call order may be considered closed and given to another BPA holder.
11. Terms of Delivery: Each individual BPA Call will specify any unique delivery terms. The Contractor shall coordinate the delivery schedule with the Contracting Officer and the COR.
12. Security and Safety Clearances: The Contractor shall be required to comply with all security and safety clearances that are required at facilities and installations used by the FEMA. Additionally, all vehicles seeking entry at any entrance gate shall be inspected to ensure they are authorized entry. Any costs associated with non-authorized entry or delayed entry is the responsibility of the Contractor and shall not be submitted as a Request for Equitable Adjustment to the contract price.
13. Personnel Authorized to Receive Items: Each individual BPA Call will designate an authorized Government individual(s) to inspect and receive services. The authorized individual must legibly sign, date, and print their name on a Contractor-provided delivery receipt. This receipt of services will not serve as the final inspection and acceptance.
14. Final Inspection and Acceptance: Final inspection and acceptance of all order completions shall be accomplished by an authorized Government representative (COR).
15. Receiving Report: The COR or appointed inspector shall use the HUD Inspection Checklist to prepare an inspection and receiving report based on the BPA Call information.
16. Delivery Tickets: All deliveries under this agreement shall be accompanied by delivery tickets, inspection checklist, or list of approved properties that shall contain the following minimum information:
a. Name of Contractor
b. Master basic BPA Number
c. Date of Acceptance of properties
d. BPA Call Number
e. Itemized list of services, to include # of bedroom
f. Quantity, Unit Price, less applicable discounts
17. Invoices: An itemized invoice package shall be submitted at least monthly for each individual BPA Call delivered successfully and upon expiration of the BPA contract. The invoice shall identify the BPA Call Number covered therein stating the total monetary value. The Contractor shall use of Standard Form 1034 Public Voucher (see SOW Attachment 4) in order to have the proper information in the invoice.
Invoices shall include an itemization of all services delivered and accepted for the voucher period by item and by CLIN.
Invoices that do not have the proper information or do not match the line-item pricing in the contract will be considered improper and will be rejected. When an invoice is rejected, the contractor shall resubmit the invoice showing the original invoice / voucher number with the designated letter “R” as the last character of the number. If there are more than one resubmission, use the appropriate suffix (R1, R2, R3, etc.)
- Invoices shall be submitted electronically to FEMA Finance Center (FFC) to FEMA-Finance- Vendor-Payments@fema.dhs.gov.
- A copy of the invoice shall be sent electronically to the Invoice Approver and the COR (Primary and Alternate).
NOTE: “ALL INVOICES MUST contain the following information:
a. Name and address of the Contractor
b. Invoice Date
c. Invoice Number
d. BPA Number
e. BPA Call Number
f. Contract Line-Item Number (CLIN)
g. Date of Service (invoice period)
h. Description, Quantity, Address (including unit number), Unit of Measure, Unit Price, and Extended Price
i. Payment Terms
j. Period of Performance (POP)
k. Name and address of Contractor official to whom payment is to be sent
l. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice
m. Electronic funds transfer (EFT) banking information or the bank key (ABA, SWIFT, IBAN)
18. Invoice Payment: Payment shall be made within thirty (30) calendar days after receipt of a properly prepared invoice IAW the Prompt Payment Act through Electronic Funds Transfer (EFT).
19. Cancellation of BPA: This agreement shall be cancelled at the option of either party, provided that the party desiring termination submits written notice to the other party at least (30) calendar days prior to the desired date of the termination. Discontinuing or modifying this agreement shall not affect any prior BPA Call order contracts. This agreement shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of U.S. acquisition regulations.
20. Contracting Officer’s approved Price List: Reference SOW Exhibit 5. The all-inclusive Firm-Fixed- Price (FFP) monthly rental rate includes all items required in the basic BPA and the associated BPA Call order contract, turnkey, including all required furniture, rent, utilities, management and maintenance fees, all taxes, etc.
21. The Master BPA Period of Performance shall not exceed five (5) years from date of award and consists of one-year base plus four one-year option period. BPA call orders will consist of a 12-month base and one (1) 6-month option period. The end date of the period of performance for any issued call order for a declared disaster, inclusive of any and all options, shall not exceed 18-months after the disaster declaration date. FEMA intends to issue, Call Orders, immediately after awarding this Master BPA, to be competed amongst all BPA holders.
FEMA may extend Direct Temporary Housing Assistance beyond the 18-month period of assistance when the affected STT government requests an extension in writing.119 Consistent with the terms and conditions of the FEMA-State/Territory/Tribe Agreement, the affected STT government should request an extension at least 90 days before the end of the current period of assistance. The AA for Recovery will consider the request for approval. When the period of assistance is extended, FEMA will begin monthly rent collection from eligible occupants of FEMA TTHUs.
• FEMA may authorize extensions to the initial 18-month period of assistance due to extraordinary circumstances when doing so is in the public interest.
• FEMA will typically not consider extending the period of assistance without a written request from the SCO/TCO or GAR/TAR. However, FEMA may extend the period of assistance at its sole discretion;
extensions to the period of assistance will only be considered in situations where the remaining disaster-caused temporary housing need exceeds the capabilities of the STT government, or the affected communities to support and there remains a lack of available resources. The request should include supporting documents demonstrating this housing need.
• The AA for Recovery may consider extending the period of assistance when:
o Adequate, alternate housing is not available in the affected area; and o Accessible housing units for occupants with disabilities are not available or are not within a reasonable commuting distance of essential services (e.g., accessible public transportation, grocery, medical facilities, banking, childcare, schools, or place of employment).
• If an extension is approved, the affected STT government must execute an amendment to the FEMA- State/Territory/Tribe Agreement.
ATTACHMENT:
1. North Carolina Direct Lease Property Management Statement of Work, with nine (9) Attachments and seven (7) Exhibits.
(End of BPA Terms and Conditions)
52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (DEC 2023)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)
52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within CLAUSE WILL BE INCLUDED IN EA CH CALL ORDER. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.224-3 Privacy Training. (JAN 2017)
52.226-7 Drug-Free Workplace. (MAY 2024)
52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)
52.243-1 Changes - Fixed-Price. (AUG 1987)
3004.470 Security requirements for access to unclassified facilities, information resources, and controlled unclassified information.
3052.204-71 Contractor employee access. (JUL 2023)
3052.204-72 Safeguarding of Controlled Unclassified Information. (JUL 2023)
3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents. (JUL 2023)
3004.470 Security requirements for contractor access to unclassified facilities, information resources, and controlled unclassified information.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (NOV 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[ ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[ ] (6) [Reserved]
[X] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
[ ] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.
(DEC 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (DEC 2023) of 52.204-30.
[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.
6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved]
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[ ] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.
644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-6.
[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.
644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-7.
[ ] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.
637(d)(2) and (3)).
[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C.
637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (JUN 2020) of 52.219-9.
[ ] (v) Alternate IV (SEP 2023) of 52.219-9.
[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-13.
[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[ ] (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C.
637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[ ] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ] (32) 52.222-19, Child Labor- Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
[ ] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[ ] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JULY 2014) of 52.222-35.
[ ] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (JULY 2014) of 52.222-36.
[ ] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.
13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[ ] (48)(i) 52.225-1, Buy American- Supplies (OCT 2022)) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (OCT 2022) of 52.225-1.
[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (DEC 2022) of 52.225-3.
[ ] (iv) Alternate III (FEB 2024) of 52.225-3.
[ ] (v) Alternate IV (OCT 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
[ ] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[ ] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub. L. 115-390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.
4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.
chapter 67).
(xvi) [X] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[X] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O.
12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-25 Contract Definitization. (OCT 2010)
(a) A Firm Fixed Price definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses…
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