2.2.1- Solicitation- 70FBR626R00000017.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

70FBR626R00000017

FEMA R6

800 N LOOP 288

DENTON TX

FEMA REGION 06

DHSFEMA

REGION VI 800 NORTH LOOP 288

DENTON TX 76209-3606

FEMA REGION 06

DHSFEMA

REGION VI 800 NORTH LOOP 288

DENTON TX 76209-3606

09/23/2026 1100 CT

Barbara Gonzalez

70FBR6

70FBR6

Neddra Tucker

238220

$19

09/16/2026

TX2699

Title: FEMA Region 6 FRC Flat Plate Heat

Exchanger Install & VSAB-1 Fan Box Rebuild

Contract Type: FFP

The Federal Emergency Management Agency (FEMA)

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

hereby issues this Request for Proposal (RFP) for Region 6 project is to enhance energy efficiency and optimize temperature control in the FRC and VSAB 1 buildings located at 800 N.

Loop 288, Denton, Texas 76209. The project will support HVAC requirements through two key initiatives.

Wage Determination Davis Bacon TX20260243 Rev.

1 dated 05/18/2026 is applicable to this solicitation and corresponding contract.

Refer to Section L - Instructions, Conditions, and Notices to Bidders for additional information.

Questions regarding this Request for Proposal

(RFP) shall be directed via email to neddra.tucker@fema.dhs.gov and a copy to barbara.gonzalez@fema.dhs.gov.

Telephone inquiries will not be honored. All questions must be received no later than

Friday, September 18, 2026, at 11:00 am CT.

Responses regarding this RFP shall be directed via email to neddra.tucker@fema.dhs.gov and a copy to barbara.gonzalez@fema.dhs.gov.

All responses must be received no later than

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

Wednesday, September 23, 2026, at 11:00 am CT.

Delivery: 09/28/2026

Period of Performance: 09/28/2026 to

09/27/2027

0001 Flat Plate Heat Exchanger

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

0002 Fan Powered HVAC Boxes

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

0003 Misc. Materials (controls, sensors, etc.)

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

0004 LABOR- FOREMAN/SITE MANAGER

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

0005 Labor- Journeymen Electricians

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

0006 Environmental Compliance & Disposal

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

0007 Safety Oversight & Regulatory Compliance

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

0008 Project Management & Documentation

Product/Service Code: J041

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Attachments:

Attachment A: Statement of Objectives (SOO)

Attachment B: Statement of Contractor

Assurance

Attachment C: Wage Determination- Davis Bacon

TX20260243 Rev. 1 date 05/18/2026

Attachment D: Price/Cost Schedule

A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders M - Evaluation Factors for Award M - Evaluation Factors for Award Evaluation Factors

A - Solicitation/Contract Form

B - Supplies or Services/Prices

C - Description/Specifications

C - Description/Specifications

NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1.

Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.).

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

D - Packaging and Marking

E - Inspection and Acceptance

Clause List

FINAL INSPECTION

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

Inspection:

FEMA Region VI Denton Campus 800 N Loop 288 Denton, TX 76209

Acceptance:

Same as above

The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

CONTRACTOR QUALITY CONTROL

General

The Contractor shall provide and maintain an effective quality control program. The burden of proof of contract compliance is placed on the Contractor and not assumed by the Government. The Contractor's quality control will not be accepted without question and the right to inspect or verify at any time is reserved by the Government.

Kick-Off Conference After the contract is awarded and before operations are started, the Contractor shall meet with the COR, or their representatives, and discuss quality control requirements. The Contractor shall furnish the COR within 20 days after award, the following information:

(1) The name and qualifications of the individual performing inspections, giving education, licenses, present job position and previous work experience.

The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the quality control system, and the interrelationship of Contractor and Government inspection.

Quality Control System

(1) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of subcontractors, to insure conformance to applicable specifications and drawings with respect to the materials, workmanship, work effort, finish, functional performance, and identification, with emphasis on the surveillance, tests and submittals required in the Technical Provisions of the contract specifications, including applicable in-plant inspection. This control will be established for all construction except where the Technical Provisions of the contract provide for specific Government control by inspections, tests or other means. The Contractor shall notify the COR or his authorized representative in writing of any proposed change to the Contractor's quality control system; no such change shall be implemented prior to acceptance in writing by the COR or his authorized representative.

(2) Review Submittals: The Contractor's control system will specifically provide for surveillance, coordination, and review of shop drawings, materials and equipment data submittals. Such surveillance, coordination, and review of the aforementioned data shall be made to assure that the submission is complete and in compliance with applicable contract provisions. The Contractor's control system will be keyed to the proposed work sequence in a manner to prevent deficiencies and/or delays caused by submittals lacking content and text required by the contract technical Provisions. The Contractor will designate, by name, the quality control representative responsible for review, certification and submittal of shop drawings if different than the individual appointed as required in paragraph b.(1) above.

Government Inspection

The Government reserves the right to inspect at the source, supplies or services not manufactured or performed within the Contractor's facility. Government inspection shall not constitute acceptance; nor shall it in any way replace Contractor inspection or otherwise relieve the Contractor of his responsibility to furnish an acceptable end item. When inspection at subcontractors' or suppliers' plant is performed by the Government, such inspection shall not be used by Contractors as evidence of effective inspection by such subcontractors or suppliers.

Disclosure of Magnitude

The Government requests Offerors notify the Contracting Officer as soon as practicable if they determine the project cannot be accomplished within the below price limitation. The design and construction costs will be subject to the funds available for this project. The contract price cap for award is approximately $378,000.00. Contractors are notified that they are under no obligation to approach this ceiling; however, the Government may not be able to make an award of the dollar amount set for this project is exceeded.

F - Deliveries or Performance

F - Deliveries or Performance

FAR CLAUSES INCORPORATED BY REFERENCE

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

Performance Requirements (SOO Attachment A pg. 3)

Statement of Objectives (SOO)) Submission

Submit a detailed Performance Work Statement (PWS) from the Statement of Objectives (SOO) outlining all tasks, schedules, and resource requirements. The PWS will be incorporated into the contract and shall include a comprehensive project schedule presented as a Gantt chart—identifying key milestones such as planning, demolition/removal, installation, connections, cleanup, and final review/inspection.

1. Performance Work Statement (PWS) Submission o The contractor shall submit a detailed Performance Work Statement (PWS) prior to project commencement. The PWS must include:

▪ A comprehensive project schedule, including a Gantt chart that outlines all key milestones and deliverables.

▪ A breakdown of tasks, schedules, and resource requirements necessary to complete the project.

2. Minimizing Disruptions o The contractor shall implement provisions to minimize disruptions to building occupants and operations. These provisions must address:

▪ Control and mitigation of noise levels during work hours.

▪ Prevention and management of power outages.

▪ Minimization of operational impacts, including coordination with facility management to avoid interference with critical functions.

3. Physical Oversight and Management o The contractor shall provide physical oversight and management throughout the entire project lifecycle. This includes:

▪ On-site supervision during all phases of work.

▪ Regular progress reporting to the Project Officer.

▪ Immediate notification of any issues affecting project schedule or quality.

4. Compliance with Build America, Buy America Act (BABAA) o The contractor must comply with FEMA’s Build America, Buy America Act (BABAA) requirements for materials and products.

o If a waiver of “Buy America” preferences is necessary, the contractor must follow the prescribed FEMA procedures and obtain written approval prior to procurement.

5. Hazardous Materials Handling o If hazardous materials (such as asbestos or lead-based paint) are encountered during the project, the contractor shall:

▪ Immediately report the discovery to the Project Officer and FEMA Safety Officer.

▪ Await directions from the Project Officer regarding additional testing or protective measures.

▪ Follow all applicable safety and environmental regulations for handling and disposal.

Utilization of Government Property The effort required to be accomplished under this contract must be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed. While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are Government employees or agents of the Government and to property at the site regardless of whether or not title to such property vests with the Government.

The Government property to which the Contractor has access will always be in the custody of the Government and will not be considered "Government Property" furnished to the Contractor. The Government property to which the Contractor will have access under this clause will be made available during the life of the Contract. In the event the Property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the Contractor thereby, and shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled, "Changes."

Government Furnished Utilities

In accordance with the clause in Section I, 52.236-14, Availability and Use of Utility Services, the Government shall furnish to the Contractor, at date of award, electrical power from "existing outlets". These utilities will be provided to the Contractor at no cost.

Interruptions of Utilities

(1) No utility services shall be interrupted by the Contractor to make connections, to relocate, or for any purpose without approval of the COR.

(2) Request for permission to shut down services shall be submitted in writing to the COR not less than five

(5) days prior to date of proposed interruption. The request shall include the following information:

- Nature of Utility (electric, sewer, water, roadway, etc.)

- Size of line and location of shutoff

- Buildings and services affected

- Hours and date of shutoff

- Estimated length of time service will be interrupted

(3) Services shall not be shut off until receipt of approval of the proposed hours and date from the COR.

(4) Shutoffs that will cause interruption of Government work operations as determined by the COR shall be accomplished during regular non-work hours or non-workdays of the using agency without any additional cost to the Government

G - Contract Administration Data

G - Contract Administration Data

IDENTIFICATION OF GOVERNMENT OFFICIALS

IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Neddra Tucker Phone: 337-263-4718 Email: neddra.tucker@fema.dhs.gov Fax: N/A

Contract Specialist:

Name: Barbara Gonzalez Phone: 202-664-9857 Email: barbara.gonzalez@fema.dhs.gov Fax: N/A

Contracting Officer’s Representative:

Name: To be determined at time of award.

Phone: To be determined at time of award.

Email: To be determined at time of award.

Fax: N/A

H - Special Contract Requirements

H - Special Contract Requirements Background Investigation

All personnel require access to unclassified information only. Contractor must ensure contractor employees receive a favorably background investigation prior to entry on duty (EOD). All individuals will be U.S.

citizens. The contractor shall follow the standards established within DHS and FEMA policy.

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access:

Contractor personnel occupying positions or performing functions with a Low-Risk designation and who do not require access to DHS or FEMA information systems may undergo a Tier 1 investigation with a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract. (also reference Facility Access).

Low Risk with Information System Access:

Contractor personnel occupying positions or performing functions with a Low-Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk:

Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk:

Contractor personnel occupying positions or performing functions with a High-Risk designation shall undergo a Tier 4 Suitability Background Investigation (T4) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Background Investigation Process:

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if:

- the investigation was completed within the last five years,

- it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract,

- the contractor personnel have not had a break in employment since the prior favorable adjudication, and,

- FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation. FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the National Background Investigation Services (NBIS) e- Application (eAPP) online system and instructions for submitting the necessary information:

- Standard Form 85P, “Questionnaire for Public Trust Positions”

-Optional Form 306, “Declaration for Federal Employment”

- SF 87, “Fingerprint Card” (2 copies)

-DHS Form 11000-6, “Non-Disclosure Agreement”

-DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form 85P, which must be completed electronically through the National Background Investigation Services (NBIS) e-Application (eAPP) online system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR will then forward that information to the Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal

I - Contract Clauses

I - Contract Clauses

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

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

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

or

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

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

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

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

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

(DEVIATION MAY 2023)

(a) Definitions. As used in this clause-Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that a seal is not required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25-A, except that a seal is not required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) (DEVIATION APR 2020)

(a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

52.202-1 Definitions. (JUN 2020)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.216-24 Limitation of Government Liability. (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) (Deviation OCT 2025) 52.222-50 Combating Trafficking in Persons. (OCT 2025) (Deviation OCT 2025) 52.222-54 Employment Eligibility Verification (JAN 2025) (Deviation OCT 2025

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (MAY 2024) (Deviation OCT 2025)

52.223-3 Hazardous Material Identification and Safety Data. (FEB 2021) (Deviation OCT 2025) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (MAY 2024) (Deviation OCT 2025)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.225-9 Buy American-Construction Materials.

52.225-11 Buy American-Construction Materials under Trade Agreements. 52.226-7 Drug-Free Workplace. (MAY 2024)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-16 Progress Payments. (NOV 2021) (Deviation OCT 2025)

52.232-16A*1 Progress Payments. (NOV 2021) (Deviation OCT 2025) - Alternate I (MAR 2000) 52.232-18 Availability of Funds. (APR 1984)

52.232-25 Prompt Payment. (JAN 2017)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) 52.233-3 Protest after Award. (AUG 1996) (Deviation AUG 2025)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (Deviation AUG 2025)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) (Deviation AUG 2025) 52.236-6 Superintendence by the Contractor. (APR 1984) (Deviation AUG 2025)

52.236-7 Permits and Responsibilities. (NOV 1991) (Deviation AUG 2025)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984) (Deviation AUG 2025)

52.236-12 Cleaning Up. (APR 1984) (Deviation AUG 2025)

52.236-13 Accident Prevention. (NOV 1991) (Deviation AUG 2025)

52.236-14 Availability and Use of Utility Services. (APR 1984) (Deviation AUG 2025) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

(APR 1984) 52.237-3 Continuity of Services. (JAN 1991)

52.246-21 Warranty of Construction. (MAR 1994)

52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/

52.252-6 Authorized Deviations in Clauses. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation(48 CFR[ ]) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause J - List of Documents, Exhibits and Other Attachments

Attachment Number Title Date

K - Representations, Certifications, and Other Statements of Bidders

K - Representations, Certifications, and Other Statements of Bidders 52.219-1 Small Business Program Representations. (FEB 2024) (Deviation OCT 2025)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $19 million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.(1) The offeror represents as part of its offer that-

(i) it [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small disadvantage business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program.