2.2.1a RFP Terms and Conditions.pdf

FEDERAL EMERGENCY MANAGEMENT AGENCY

TANK AND PUMP SYSTEMS

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 General Description

This is a Total Small Business Set Aside, Multiple Awards, Component/Office-Wide Acquisition Contract

(C/OWAC) Indefinite Quantity Indefinite Delivery (IDIQ). This Contract will be issued in accordance with Federal

Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items; Part 15, Contracting by Negotiation, FAR

19.502-2, Total Small Business Set-Asides, and Part 16.5, Indefinite Delivery Contracts, for Tank and Pump

Systems, described at Attachment 1, Statement of Work.

B.2 Contract Type

Contract Type preference will be for a Firm Fixed Price, orders shall be placed for defined requirements that are fulfilled utilizing the awarded prices per CLIN; and Cost Reimbursement for travel. Travel costs may be included in specific orders at the discretion of the Contracting Officer. Any authorized travel expenses shall not exceed the amounts expressed in the Federal Travel Regulation.

Specific contract type for each order will be identified at the order level based upon the need, type and complexity of the requirement, schedule, and regulatory guidance. In the event an order period of performance crosses ordering periods as defined in section B, task order pricing for the entire order must comply with the sprint price that is current at the time the order starts. Blending of rates across ordering years is not permitted.

B.2 Price/Cost Schedule

Orders will be issued on a Firm-Fixed Price and all ODCs (travel, transportation, miscellaneous etc.) are

Cost Reimbursement at a Not to Exceed Ceiling for this CLIN will be determined at the task order level.

Additional Pricing Schedule instructions are included within solicitation, Section L – Instructions, Conditions, and

Notices to Offers or Respondents and Attachment 2 Pricing Schedule.

B.3 Minimum and Maximum Funding Limitation

Per FAR 52.216-22, “Indefinite Quantity” of this contract, the guaranteed contract minimum and maximum is the amount to be purchased under this IDIQ to include the base and option periods.

a) The minimum guaranteed award amount for this multiple indefinite-delivery, indefinite-quantity (multiple award IDIQ) contracts is a quantity of twenty-five (25) Internal Tank and Pump Systems per Contractor for the base period of this contract.

b) The specific technical and management solutions and associated quantities will be identified on each delivery order issued under the base contract.

c) The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services of the shared ceiling of $49,500,000.00.

END OF SECTION B.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment 1- TPS Statement of Work

END OF SECTION C.

SECTION D – PACKAGING AND MARKING

D.1 Packaging, Packing, and Marking

Products shall be packaged, packed, and marked in accordance with the Contractor’s standard commercial practices. The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government. The Contractor shall provide a packing slip which shall accompany each carton with information identifying the contract number, the javascript:WebForm_DoPostBackWithOptions(new%20WebForm_PostBackOptions(%22ctl00$ctl00$body$PageMainContent$SectionListRepeater$ctl02$ctl02%22,%20%22%22,%20true,%20%22%22,%20%22%22,%20false,%20true)) javascript:WebForm_DoPostBackWithOptions(new%20WebForm_PostBackOptions(%22ctl00$ctl00$body$PageMainContent$SectionListRepeater$ctl02$ctl02%22,%20%22%22,%20true,%20%22%22,%20%22%22,%20false,%20true))

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

order number, a description of the hardware/software enclosed (manufacturer name, model number, serial number), and the customer point of contact.

D.2 Environmental Considerations

The Contractor shall use (where possible) packing materials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or

Styrofoam.

Additional packaging and marking instructions are included within Attachment 1 Statement of Work.

END OF SECTION D.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference (FAR 52.252-2) (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 www.acquisition.gov/far.

FAR CLAUSE Title Date

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG 1996

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996

52.246-5 INSPECTION OF SERVICES—COST REMINBURSEMENT APR 1984

52.246-15 CERTIFICATE OF CONFORMANCE APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

Inspection and acceptance of all products/services performed under each delivery order will comply with applicable FAR clauses, depending upon the contract type of the order.

END OF SECTION E.

SECTION F-DELIVERIS OR PERFORMANCE

F.1 Clauses Incorporated by Reference (FAR 52.252-2) (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 www.acquisition.gov/far.

FAR CLAUSE Title Date

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay of Work APR 1984

F.1 Period Of Performance

A one year base period of performance shall begin a day after contract award and Four (4) One (1) year options, including up to six (6) months extension during Option Period Five (5). Exercising of the option years is dependent upon satisfactory performance, continuing need, and the availability of funding.

F.2 Task Orders

Tasks under this contract shall be performed through the issuance of a Task Order Proposal Request (TOPR) or a

Delivery Order Proposal Request (DOPR). The period of performance and/or delivery dates will be established with each order. The contractor will be given a minimum of 72 hours’ notice of FEMA’s intention to request a new order. The contractor shall submit a proposal in response to each request within the timeframe specified.

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Orders issued will have their own period of performance. Task orders may be issued prior to and may not be completed before the IDIQ ends. Task orders issued prior to the end of the period of performance for the IDIQ may extend up to one (1) year beyond the IDIQ period of performance.

FEMA reserves the right to decline to issue a specific order to the contractor after reviewing the contractor's proposal. No reimbursement shall be made for preparation of task proposals. After issuance of a an order, no changes in scope of work, or changes in delivery dates shall be undertaken without the explicit authorization of the Contracting Officer.

F.3 Place of Performance

Services may be required at any locations within the United States and its territories. The place(s) of performance will be designated in each order.

END OF SECTION F.

SECTION G- CONTRACT ADMINISTRATION DATA

G.1 Identification of Government Officials

The Government Officials assigned to this contract are as follows:

The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions at the IDIQ contract level: (a) Assign additional work within the general scope of the contract. (b) Issue a change in accordance with the clause entitled Changes. (c) Change the cost or price of the contract. (d) Change any of the terms, conditions, specifications, or services required by the contract.

(e) Accept non-conforming work. (f) Waive any requirement of the contract

Contracting Officer:

Name: Bernetta Burton

Email: Bernetta.Burton@fema.dhs.gov

Contracting Officer’s Representative

Name: Christopher Owes

Email: Christopher.Owes@fema.dhs.gov

Delivery/Task Order Level Users:

All warranted Contracting Officers of FEMA and its Components are authorized ordering officers. The ordering

Contracting Officer resides within the ordering activity/component and will be identified on individual order.

DO/TO COs may designate DO/TO CORs for individual delivery orders that will be responsible for the day-to-day coordination of the order.

G.2 Contracting Officer’s Representative

Contracting Officer’s Representative (COR) has responsibility for receipt and acceptance of the contract-level deliverables and reports and past performance reporting for the contracts.

(a) The Performance of the work under this contract shall be subject to the surveillance and written technical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the

Contractor. Technical direction includes the process of conducting inquiries, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

mailto:Bernetta.Burton@fema.dhs.gov

(1) Constitutes an assignment of additional work outside the Task Order or contract Statement of Work;

(2) Constitutes a change as defined in the contract clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the total estimated contract or Task Order cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract or Task Order; or

(5) Interferes with the Contractor’s right to perform the specifications of the contract or Task Order.

(c) All technical directions shall be issued in writing by the COR

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner described by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through

(5) above, shall cause the Contractor to notify the Contracting Officer in writing one (1) working day after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within two (2) days after receipt of the Contractor’s Letter that:

(1) The technical direction is rescinded in its entirety

(2) The technical direction is within the scope of the contract, does not constitute a change under the “Changes” clause of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the “Disputes” clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the

Contracting Officer or the Project Officer whom the Contracting Officer shall appoint shall be at the

Contractor’s risk.

G.3 Ordering Procedures

Fair Opportunity for Consideration

(a) Fair opportunity to each Contractor will be considered for all orders exceeding the micro-purchase threshold, except as provided in FAR Part 16.505(b)(2).

(b) Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for task orders which are expected to exceed $3,500 when the Contracting Officer determines one of the following conditions apply:

(1)The agency need for services is of such urgency that providing an opportunity would result in unacceptable delays and/or, (2)Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized and/or, (3)The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under this contract, provided that all awardees were given fair opportunity to be considered for the original order. When deciding whether to negotiate a sole source logical follow-on task order with the current contractor consideration will be given to the contractor’s past performance and price, and/or, (4)It is necessary to place an order to satisfy a minimum ordering requirement of the contract.

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

(c) In all circumstances if the Contractor intends not to submit a solicitation response, a “No Bid” must be submitted to the CO. All “No Bids” shall include a brief explanation as to the reason for a “No Bid” and the response may take the form of an e-mail transmission to the CO. Additionally, all No Bid responses shall be captured in the quarterly No-Bid Report referenced within Section C above.

(d)When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score

Offerors, post notice in the Federal Business Opportunities, or hold discussions or negotiations with each awardee. Even though the Contracting Officer does not have to comply with the competition rules in Part 6 of the Federal Acquisition Regulation and does not have to conduct discussions before issuing a task order, there will be an internal record of why a particular Offeror provided the best value on the particular requirements of each task order.

G.4 Invoices

An invoice is a written request for payment under this contract for supplies delivered or for services rendered.

Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause in accordance with the terms and conditions of the Prompt Payment clause in accordance with the provisions of other clauses in this contract.

Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

(a) GENERAL INFORMATION

(1) Name of Contractor

(2) Invoice Date

(3) Contract number (including task order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

(4) Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on Government bills of lading).

(5) Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by this agency to process payment.

(6) Any other information or documentation required by other provisions of the Contract (such as evidence of shipment).

(7) Invoices shall be prepared and submitted as follows:

(b) ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

(1) As mandated by the Debt collection Improvement Act (DCIA) of 1996 and in accordance with FAR

Clause 52.232-33-Payment By Electronic Funds Transfer—System for Award Management (JUL 2013) of this contract, the Contractor must submit the following written EFT information as specified in clause 52.232-33 of this award:

· The contract number (or other procurement identification number).

· The Contractor’s name and remittance address, as stated in the contract(s).

· The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.

· The name, address, and 9-digit Routing Transit Number (RTN) of the Contractor’s financial agent.

· The Contractor’s account number and the type of account (checking, savings, or lockbox).

· If applicable, the Fedwire Transfer System (FTS) telegraphic abbreviation of the

Contractor’s financial agent.

· If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number (RTN) of the correspondent financial institution receiving the wire transfer payment if the Contractor’s financial agent is not directly on-line to the FTS; and, therefore, not the receiver of the wire transfer payment.

(2) The Contractor should include the EFT information set forth below on all invoices submitted for payment under this contract. Failure to provide the information or failure to notify this agency of changes to this information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. The following EFT information should be submitted on each invoice”

(a) Routing Transit Number (RTN) – The Contractor shall provide the current 9-digit RTN of the payee’s bank

(b) Payee’s account number

(c) Contractor’s Tax Identification Number (TIN)

(The EFT information submitted must be that of the Contractor unless there is an official Assignment of Claims on file with the payment office.)

If at any time during the term of this contract, the Contractor changes any EFT information, (i.e.

financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract.

To avoid delays in processing invoices, the Contractor must also submit written notification of EFT information changes to the office designated in this award document as soon as the new information is known to the

Contractor. This notification must be in writing and signed by the individual authorized by the Contractor to make such changes.

In addition, you need to maintain current information in the System for Award Management (SAM) database.

The government may reject invoices if you have not maintained your registration, including Electronic Funds

Transfer (EFT) information, in the SAM database.

G.5 Notice of Filing Requirements for Agency Protests

Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for disputes resolution, Alternative Dispute Resolution (ADR). ADR is an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA’s ADR services, please contact FEMA’s ADR office at the following address:

Federal Emergency Management Agency Alternative Dispute Resolution Division FEMA Office of Chief Counsel

400 Virginia Avenue, SW Washington, DC 20472-3400.

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency.

These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the

United States Court of Federal Claim (CFC).

Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the

GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.

Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.

(8) Definitions.

• “Agency protest” is one that may be filed with either the contracting officer or the officer responsible for the resolution of all agency protests filed at the level above the contracting officer.

• “Ombudsman” is the agency official above the level of the contacting officer designated by the Director of

Acquisitions Operations to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the ombudsman.

• “Day” is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is Saturday, Sunday, or a Federal

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday.

Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.

(9) Submission Guidelines.

• Agency protests may be filed through the contracting officer or, at a level above the contracting officer, through the ombudsman email as follows:

FEMA Contracting Officer

Bernetta Burton, Bernetta.Burton@fema.dhs.gov

- or -

FEMA Ombudsman

David Orris, David.Orris@fema.dhs.gov

• The subject line of the email shall state “Agency Protest (and the name of the solicitation or contract”.

If the protester submits the protest directly through the ombudsman, the protester must also, within one

(1) day of submitting the protest to the ombudsman, submit a copy of the protest to the responsible contracting officer by email.

transmission or by “Certified Mail” (Return Receipt Requested).

(39) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 p.m., current-local time. Any protests received after that time will be considered to be filed on the next day.

(40) Protest submission will not be considered filed until all of the following information is provided:

• The protester’s name, address, telephone number and fax number;

• The solicitation or contract number;

• A detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced;

• Copies of relevant documents;

• A request for ruling by the agency;

• A statement detailing the form of relief requested;

• All information establishing that the protester is an interested party for the purposes of filings a protest; and

h. All information establishing the timeliness of the protest.

5. All protests must be signed by an authorized representative of the protester; and must be addressed to the contracting officer or the ombudsman.

C. Timeliness/Resolution of Protests.

(d) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening, or the tim e set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.

(e) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester but shall be filed not later than 10 days after the date on which the debriefing is held.

(f) Protests filed through the contracting officer within 20 days after the protest is filed through the contracting officer, the contracting officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)”.

mailto:Bernetta.Burton@fema.dhs.gov mailto:David.Orris@fema.dhs.gov

D. Appeals.

(f) Protesters who filed protests through the contracting officer may, within five days of receipt of the contracting officer’s written ruling, appeal to the ombudsman.

(g) Requests for appellate review must be submitted to the ombudsman by facsimile transmission or by

“Certified Mail” (Return Receipt Requested).

(h) The ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)” within 10 days of receipt of the request for appellate review of the contracting officer’s decision.

(i) In accordance with FAR 33.103(d)(4) and 4 C.F.R. 21.2(a)(3), if there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action.

E. Protests filed through the ombudsman:

(xv) If the protester protests directly through the ombudsman, the ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)” within 35 days after the protest was filed.

(xvi) Protests filed directly through the ombudsman cannot be appealed within the agency.

F. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or

CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely, or the protest fails to clearly state legally sufficient grounds of protests).

END OF SECTION G.

SECTION H-SPECIAL CONTRACT REQUIREMENTS

H.1 Release, Publication and Use of Government Furnished Data

No contractor shall have the right to use, release to others, reproduce, distribute, or publish any government furnished data first produced or specifically used by the contractor in the performance of this contract with prior written permissions from FEMA.

H.2 Service Contract Wage Determination

The resulting contract and Orders will be subject to the Department of Labor (DOL) Service Contract Act.

However, actual places of performance are currently unknown.

Applicable wage determinations will be incorporated under the TOs as necessary in accordance with FAR 52.222-

49, Service Contract Act – Place of Performance Unknown. The attached DOL Wage Determinations provided in

Section J, Attachment 6, shall be used for purposes of price proposal preparation to establish a fair base line for price comparison.

H.3 Interpretation of Contract Requirements

No interpretation of any provisions of the contract, including applicable specifications, shall be binding on FEMA unless furnished or agreed to in writing by the Contracting Officer (CO).

H.4 Correspondence Procedures

To promote timely and effective administration, correspondence (except for vouchers submitted under the contract) shall be subject to the following procedures:

(a) Technical correspondence (where technical issues relating to compliance with order specifications are involved) shall be addressed to the Contracting Officer Representative (COR) with information copies to the CO/Contract Specialist (CS).

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

(b) All other correspondence (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of the contract) shall be addressed to the CO/CS with a copy to the

COR.

H.5 Contractor Commitments, Warranties, Representations

Any written commitment by the Contractor within the scope of the contract shall be binding upon the Contractor.

Failure of the Contractor to fulfill any such commitment shall render the Contractor liable under the default provisions for damages due to FEMA under the terms of the contract. For the purpose of the resulting contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or representation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or specifications accompanying or referred to in a proposal, and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

H.6 Use of FEMA Name or Contractual Relationship in Advertising

The Contractor agrees not to refer to awards from or contracts with FEMA in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by FEMA or is superior to other products or services. The Contractor also agrees not to distribute or release any information which states or implies that FEMA endorses, uses, or distributes the Contractor's product or service.

H.7 Advertisements, Publicizing Awards and News Releases

All press releases or announcements about agency programs, projects, and contract awards must be cleared by the

Program Office as authorized by the CO, working with the Office of External Affairs. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising, or communicates with any media without first obtaining explicit written consent to do so from the Program Office and the CO.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the

Government to be superior to other products or services.

H.8 Energy Star (E-Star) Compliance Certification

The Contractor shall provide evidence of meeting the Environmental Protection Agency (EPA) requirements for energy efficiency. Certifications shall be available for the delivered configurations of all products for which Energy

Star requirements apply.

H.9 Printing Restrictions

The Government will not allow printing to be funded by this contract in accordance with the Joint Committee on

Printing regulations and all applicable Government Printing Office (GPO) and DHS regulations.

H.10 Permits

The Contractor and subcontractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits in connection with the performance of this contract. The Contractor shall also be responsible for complying with any applicable Federal, state, and municipal laws, codes, or regulations.

H.11 Travel

Routine Travel

Neither Contractor nor subcontractor employees will not be reimbursed for commuter travel for employees between their residences and their regular assigned duty stations, or for travel in support of project start-up and the day-to-day performance of this contract. A regular assigned duty station is defined as the Contractor employee’s continuing place of duty, whether the assignment is permanent or temporary.

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

Non-Routine Travel

Non-routine travel directed by the Government will require the advance written approval of the Contracting Officer or his/her designee and will be reimbursed as ODC expense. Reimbursement shall not exceed the rates and expenses allowed by Federal Travel Regulations (see http://www.gsa.gov “Federal Travel Regulation”) to a Government employee traveling under identical circumstances. The Contractor shall comply with the more restrictive of its own internal policies or with the Government’s policies for making reimbursable travel and per-diem expenditures. Note: if the task order is issued on a labor-hour basis, the provisions of Federal Acquisition Regulation 16.601 apply.

H.12 Contingencies

The Contractor shall ensure continuity of operations and shall be entirely responsible for maintaining continuity of support for the assigned tasks. Contractor employment and staffing difficulties will not be acceptable justification for failure to meet the requirements of the Statement of Work , Attachment 1 of this contract. If required by the task order proposal request, Contractor shall submit a contingency plan to the Contracting Officer, and designees for approval by the task order start date. The plan shall outline the Contractor’s response to operational problems and its anticipated response to unusual events that may occur during the life of the task order and disrupt operations (such as a terrorist attack, personnel strike, extended power failure, etc.) which may require the Contractor to proceed under altered work conditions at locations other than those originally established. The Contractor shall continue to provide the services required by the contract, as directed for the duration of such an emergency situation.

H.14 Hold Harmless and Indemnification

The Contractor shall save, hold harmless, and indemnify the Government against any and all liability, claims, and costs of whatever kind or nature for injury to or death of any person or persons, and for loss, destruction, or damage to any property (including electronic storage areas), occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the willful, negligent, or careless acts or omissions of the Contractor, its subcontractors, or any employee, agent, or representative of the Contractor or its subcontractors.

H.15 Contractor Performance Assessment Reporting System (CPARS)

CPARS is a web-enabled application that collects and manages the library of automated CPARs. CPARS is for

UNCLASSIFIED use only. Classified information is not to be entered into this system. A CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, construction/production management reviews, contractor operations reviews, functional performance evaluations, and earned contract incentives. The contractor shall participate in the DHS

CPARS program via the CPARS website at: https://www.cpars.gov/.

H.16 Federal Holidays

The following days are considered Federal holidays and will be observed by the Contractor(s) in performance of work under each task order:

January 01 New Year’s Day

3rd Monday in January Birthday of Martin Luther King, Jr.

3rd Monday in February Washington’s Birthday

Last Monday in May Memorial Day

June 19 Juneteenth National Independence Day

July 04 Independence Day

1st Monday in September Labor Day

2nd Monday in October Columbus Day

November 11 Veterans Day http://www.gsa.gov/ https://www.cpars.gov/

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

4th Thursday in November Thanksgiving Day

December 25 Christmas Day

If any of the above holidays falls on a Saturday, then the preceding Friday is the holiday. If any of the above holidays falls on a Sunday, then the following Monday is the holiday.

In addition to the days designated above as holidays, the Government observes the following as non-working days:

• Any other day designated by Federal Statute

• Any day designated by Executive Order

• Any other day designated by the President’s Proclamation

Contractor personnel shall work in accordance with the Government’s designated holiday schedule unless otherwise stated specifically in the task order.

END OF SECTION H.

SECTION I – CONTRACT CLAUSES

FAR 52.202-1 Definitions. (JUN 2020)

FAR 52.203-5 Covenant Against Contingent Fees. (MAY 2014)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) - Alternate I (NOV 2021)

FAR 52.203-7 Anti-Kickback Procedures. (JUN 2020)

FAR 52.203-13 Contractor Code of Business Ethics and Conduct. (NOV 2021)

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020)

FAR 52.204-13 System for Award Management Maintenance. (OCT 2018)

FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (Nov 2023)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (Dec 2023)

(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).

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

(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:

_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)).

__ (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).

_X_ (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].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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.

_X_ (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).

_X_ (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]

_X_ (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.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 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.

_X_ (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. 637s).

__ (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 Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C.

657f).

_ X _ (26) (i) 52.219-28, Post Award Small Business Program Reepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).

_ X _ (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) ( 15U.S.C. 637(a)(17)).

_ X _ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_ X _ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

_ X _ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_ X _ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (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) (Executive Order 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 (Jun

2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693).

__ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

_X_ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

_X_ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53) (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 (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (55) 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).

__ (56) 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).

_X_ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

_X_ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C.

5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 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).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41

U.S.C. 4505, 10 U.S.C. 3805).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31

U.S.C. 3332).

REQUEST FOR PROPOSAL (RFP) 70FB8024R00000009

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (

31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (67) (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:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (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) (

29U.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).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (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…