Draft 70FA2020R00000001 Jan 23-2020.rtf

1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

(If other than Item 7) NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until local time _______________________ (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXT.

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTR., CONDS., AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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

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

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

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

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror) AWARD (To be completed by Government) N/A

70FA2020R00000001

X Draft 1/23/2020 Federal Emergency Management Agency Acquisition Mitigation Section/Building D 16825 South Seton Avenue Emmitsburg MD 21727 See block 7

Item 7 1:00 PM (local)

TBD

Glen Seipp

Glen.Seipp@fema.dhs.gov X X X X X X X X X X X X X

70FA2020R00000001 Section B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 NOTICE OF HYBRID CONTRACT

This solicitation will result in three single award Indefinite Delivery/Indefinite Quantity contracts for three geographic sectors. One contract will be awarded per sector. Each contract will allow for the issuance of Firm Fixed Price and Cost Plus Fixed Fee (CPFF) task orders.

The following symbols will appear next to the applicable clauses and provisions throughout this document.

$ = applicable to Fixed-Price task orders only.

& = applicable to CPFF task orders only.

B.2 ITEMS TO BE ACQUIRED

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary to provide Non-Architect and Engineering (Non-A&E) Hazard Mitigation Technical Assistance Program (HMTAP) support services for the assigned Sector in accordance with the performance work statement (PWS) and the quality assurance surveillance plan (QASP) provided as Attachments A and B. One (1) single award IDIQ contract award will be made for each of the following sectors.

Sector-1 Region VIII: Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming Region IX: Arizona, California, Hawaii, Nevada, Pacific Islands Region X: Alaska, Idaho, Oregon, Washington FEMA/HQ, Washington DC: HMTAP services in support of FIMA’s Office of Environmental Planning and Historic Preservation (OEHP) in which the work products and deliverables will provided to FIMA/HQ located at 400 C Street, SW, Washington DC.

Sector-2 Region I: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont Region II: New Jersey, New York, Puerto Rico, Virgin Islands Region III: District of Columbia, Delaware, Maryland, Pennsylvania, Virginia, West Virginia Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee FEMA/HQ, Washington, DC: HMTAP services in support of Hazard Mitigation Assistance including Grants Policy, Grants Data and Analytics, and Grants Implementation in which work products and deliverables will provided to FIMA/HQ located at 400 C Street, SW, Washington DC.

Sector-3 Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, Texas Region VII: Iowa, Kansas, Missouri, Nebraska FEMA/HQ, Washington, DC: HMTAP services in support of Floodplain Management (FPM) for FIMA’s Office of Flood Insurance Advocate (OFIA) and the Insurance and Mitigation Readiness Division IMRD in which work products and deliverables will provided to FIMA/HQ located at 400 C Street, SW, Washington DC.

B.3 CONTRACT MINIMUMS/MAXIMUMS

This is a single award indefinite delivery, indefinite quantity (IDIQ) Contract. The guaranteed minimum amount for this contract is $20,000. The total value of all task orders placed under this contract shall not exceed the maximum value of $50,000,000 for each sector. This minimum and maximum amount applies to each of the three contracts to be awarded under this solicitation. The Contract for each Sector will have a $20,000 minimum and $50,000,000 maximum.

B.4 TASK ORDER PRICING

Task orders may be placed on a firm fixed price (FFP) and/or cost plus fixed fee (CPFF) basis. The fixed labor rates and material handling fee (to be applied to any other direct costs) set forth in Sections B.6 shall be used to calculate FFP task orders. The provisional indirect rates set forth in Section B.5, estimated direct costs, and proposed fixed fee shall be used for CPFF task orders. In general, pricing of CPFF task orders shall be prepared in accordance with FAR 15.403-3 when certified cost and pricing data is not required. Pricing of CPFF task orders shall be prepared in accordance with FAR 15.403-4 when certified cost and pricing data is required.

&B.5 NEGOTIATED INDIRECT COST RATES

Notwithstanding the provisions of Clause 52.216-7 of this contract entitled, "Allowable Cost and Payment," the allowable indirect costs under this contract shall be obtained by applying negotiated indirect rates to bases agreed upon by the parties. The period(s) for which such rates will be established shall correspond to the contractor's fiscal year(s).

Negotiation of final indirect rates shall be in accordance with FAR 52.216-7 and Subpart 42.700 of the Federal Acquisition Regulation. The results of each negotiation shall be set forth in a modification to this contract which shall specify (1) the agreed final rates, (2) the bases to which the rates apply, and (3) the periods for which the rates apply.

Pending establishment of final overhead rates for any period, the Contractor shall be reimbursed for allowable indirect costs, not claimed elsewhere, at the following billing rate(s). Such billing rate(s) may, at the request of either party, be revised by mutual consent to apply either retroactively or prospectively to prevent substantial over and under payment.

Indirect Cost Base of Application Billing Rate Contractor’s Fiscal Year

$B.6 PRICE SCHEDULE

The following fully burdened labor rates (inclusive of all indirect rates and profit) and material handling fees are established for issuance of fixed price task orders issued under this Contract. The rates are established for employees of the prime Contractor as well as temporary help, subcontractors, and consultants. Only the labor categories and rates set forth herein shall be used for price proposal development for fixed price task orders. In the event additional/new labor categories are required, the Contracting Officer is to be notified, and if approved, the required labor category shall be added to this Contract through a bilateral modification. When the period of performance of a task order extends across two or more annual periods, the contractor shall use the appropriate rates based upon when the work is estimated to be performed. Pricing shall be sector specific.

Base Period (12-Months after effective date of Contract Award)

To be completed at time of award using the labor categories and proposed rates from the price evaluation worksheet provided as Attachment C.

Option Period 1 (12-Months after effective date of Option Exercise)

To be completed at time of award using the labor categories and proposed rates from the price evaluation worksheet provided as Attachment C.

Option Period 2 (12-Months after effective date of Option Exercise)

To be completed at time of award using the labor categories and proposed rates from the price evaluation worksheet provided as Attachment C.

Option Period 3 (12-Months after effective date of Option Exercise)

To be completed at time of award using the labor categories and proposed rates from the price evaluation worksheet provided as Attachment C.

Option Period 4 (12-Months after effective date of Option Exercise)

To be completed at time of award using the labor categories and proposed rates from the price evaluation worksheet provided as Attachment C.

Material Handling Rates

The following G&A/Material Handling Rates shall be applied by the contractor on ODCs (exclusive of travel costs) when preparing fixed-price task order proposals under this contract. The contractor shall apply the rate in effect at the time the task order proposal is submitted to the Government. No fee or profit shall be applied to ODCs.

To be completed at time of award using the pricing set forth in the price evaluation worksheet provided as Attachment C.

Base Period ________ Option 1________ Option 2________ Option 3________ Option 4________ 70FA2020R00000001 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is provided under Attachment A of Section J of Part III.

70FA2020R00000001 Section D

SECTION D - PACKAGING AND MARKING

D.1 PRESERVATION, PACKING AND PACKAGING

Preservation, packing, and packaging for shipment of all items ordered hereunder shall be in accordance with commercial practice and adequate to insure both acceptance by common carrier and safe transportation at the most economical rate(s).

The Contractor shall coordinate with the Contracting Officer’s Representative (COR) for the shipment location of deliverables as set forth in task orders.

70FA2020R00000001 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative using DHS Form 700-21, Material Inspection & Receiving Report.

All work performed and deliverables shall be subject to review and acceptance by the Government. Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at as set forth in task orders.

For the purpose of this clause, the Contracting Officers Representative (COR) named in the contract and task orders is the representative of the Contracting Officer. 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.

E.3 GOVERNMENT QUALITY ASSURANCE PLAN AND SURVEILLANCE

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. Government quality assurance will be performed routinely by the COR; however, other activities may be called upon to support this effort as required. A Quality Assurance Surveillance Plan (QASP) is provided under Section J, Attachment B.

The QASP will be used by the Government to evaluate the Contractor's performance over the life of the contract. Through this evaluation, the Contracting Officer Representative (COR) will identify both positive and negative aspects of the contractor's performance. This will allow the COR to communicate to the contractor those aspects that are strengths of their performance, and those aspects considered to be deficiencies/weaknesses in their performance and which need to be addressed and corrected. For those tasks listed in the QASP, the COR or designated quality assurance evaluators will follow the methods of surveillance specified in this contract. The COR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspections results. Government surveillance of tasks not listed in the QASP may occur during the performance of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Unsatisfactory performance for any Performance Standard/Acceptable Quality Level (AQL) item may result in other appropriate action(s) by the Contracting Officer in accordance with the Inspection of Services clause, including Termination for Default. Any action taken by the Contracting Officer as a result of surveillance will be in accordance with the terms of this contract.

E.4 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractor's performance. These include, but are not limited to, 100% review of all services and deliverables, random sampling of recurring services, periodic surveillance of the Contractor's quality control program, test calls, and validated customer complaints.

E.5 PERFORMANCE OF GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS

In accordance with the Inspection of Services clause of this contract, the Government intends to perform the quality assurance functions listed in the QASP.

70FA2020R00000001 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

F.2 ORDERNG PERFORMANCE

Base Period: 12-months after effective date of award Option 1: 12-months after effective date of option exercise Option 2: 12-months after effective date of option exercise Option 3: 12-months after effective date of option exercise Option 4: 12-months after effective date of option exercise

F.3 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at locations set forth in task orders.

F.4 REPORTS OF WORK

MONTHLY PROGRESS REPORTS

The Contractor shall submit separate monthly progress reports of all work accomplished during each month of contract performance. Reports shall be in narrative form and brief and informal in content. Monthly reports shall be submitted electronically to the COR. The report is to be prepared on a calendar month basis and submitted by the 30th day of the following month. Monthly reports shall include --

(1) A quantitative description of overall progress.

(2) A description of any current problems which may impede performance and proposed corrective action.

(3) A discussion of the work to be performed during the next monthly reporting period, including an estimated completion time for each deliverable.

FINAL REPORT

The Contractor shall submit a final report which documents and summarizes the results of the entire contract work, including recommendations and conclusions based on the experience and results obtained. The final report shall include tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to comprehensively explain the results achieved under the contract. The content and format of the proposal report must be of a quality suitable for publication. The following disclaimer shall be placed in a prominent place on the first page:

Any opinions, findings, conclusions or recommendations expressed in this publication do not necessarily reflect the views of the Federal Emergency Management Agency.

Final reports shall be preceded by a draft final report submitted to the Contracting Officer’s Representative by no later than 30 days prior to the due date of the Final Report. Approval of the draft or comments will be submitted to the Contractor by the Contracting Officer’s Representative by no later than 15 days prior to the due date of the Final Report. In the event the Government delays review and return of any report(s) beyond the period specified, the contractor shall immediately notify the Contracting Officer in writing, and the contractor shall be entitled to a day-to-day extension in submission of any subsequent reports. The Contractor shall submit the final report electronically to the COR no later than 30 days after the approval of the draft report by the Contracting Officer’s Representative.

SUBMISSION

The reports specified in the above paragraphs shall be submitted to the Contracting Officer’s Representative. In addition, one copy shall be electronically submitted to the Contracting Officer at: david.orris@fema.dhs.gov.

70FA2020R00000001 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer

Contract Specialist (CS)

Contracting Officer’s Representative (COR):

TBD

G.2 BILLING INSTRUCTIONS (JUN 2014)

Contractors shall use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.

Contractors shall submit vouchers electronically in pdf format to the FEMA Finance Center at:

FEMA-Finance-Vendor-Payments@fema.dhs.gov.

A copy of the voucher shall be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

G.3 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

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

Contractor Official Phone Number Email Address

G.4 INVOICE INSTRUCTIONS

Invoices shall be submitted as follows:

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions:

SF 1034--Fixed Price

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

Requisition Number and Date - leave blank.

Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-FINAL).

Schedule Number; Paid By; Date Invoice Received - leave blank.

Discount Terms - enter terms of discount, if applicable.

Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10)Shipped From; To; Weight Government B/L Number - insert for supply contracts.

Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

(12)Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

(Name of Official) (Title)

Quantity; Unit Price - insert for supply contracts.

Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.

INVOICE PREPARATION INSTRUCTIONS SF 1035

The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.

The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:

U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.

Voucher Number - insert the voucher number as shown on the Standard Form 1034. Schedule Number - leave blank.

Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.

Number and Date of Order - insert payee's name and address as in the Standard Form 1034. Articles or Services - insert the contract number as in the Standard Form 1034.

Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).

A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.

G.5 TECHNICAL DIRECTION AND SURVEILLANCE

(a) 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, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in Section C of this contract.

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

(1) Constitutes an assignment of additional work outside the Performance Work Statement;

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

(3) In any manner causes an increase or decrease in the total fixed price or the time required for contract performance;

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

(5) Interferes with the Contractor's right to perform the specifications of the contract.

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

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting

Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor'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 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 COR whom the Contracting Officer shall appoint shall be at the Contractor's risk.

70FA2020R00000001 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 REPRODUCTION OF REPORTS

Reproduction of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages times copies. A production unit is one sheet, size 8 1/2x11 inches or less, printed on one side only, and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters, and plates which are to be used on single-unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducibles (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written material.

H.2 NON-PERSONAL SERVICES

A non-personal services contract is defined as "a contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees." This is a non-personal services contract.

H.3 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES

(a) A portion of 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.

(b) 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. Contractor personnel whose duties require their presence at a Government facility shall be clearly identifiable by the wearing of a distinctive badge obtained by the Contractor from the government. Prescribed identification for all Contractor personnel shall immediately be delivered to the installation security office for cancellation or disposition upon termination of employment with the Contractor or expiration or termination of contract(s) authorizing such identification.

(c) 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 of the contract , 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."

(d) The property to which the Contractor has access will at all times be in the custody of the Government and will not be considered "Government Property" furnished to the Contractor.

H.4 IDENTIFICATION OF CONTRACTOR EMPLOYEES WORKING IN GOVERNMENT SPACES IN

E-MAIL AND OTHER FORMS OF ORAL AND WRITTEN COMMUNICATIONS

Contractor personnel performing under the terms of this contract shall identify themselves as a Contractor in all communications, oral or written, while performing services under this contract. At no time shall the Contractor personnel assigned to this contract represent themselves as a FEMA employee or an official representative of FEMA. Additionally, reference to or use of the Contractor personnel’s affiliation with FEMA for reasons not associated with specific performance under this contract is strictly prohibited. Contractor personnel shall not include DHS/FEMA logos, emblems, project/program nomenclature, or contact information on their business cards; rather, the employee’s corporate business cards shall be used. The following is the required signature block template to be used by Contractor personnel assigned a FEMA e-mail account:

Employee Name Employee Company, Employee Title Contractor Support to [Name of FEMA Office or Program] Phone Number E-mail address

H.5 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)

The Federal Emergency Management Agency (FEMA) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Pursuant to the Workforce Investment Act of 1998, 29 U.S.C. §§794d, FEMA must ensure the accessibility of its programs and activities to all current and potential users, specifically its obligation to acquire and use accessible Electronic and Information Technology (EIT) including web pages, software, telecommunications, kiosks and other information transaction machines, and fax machines, copiers, printers, and other information technology office equipment. To comply with the provisions of this clause, the contractor shall provide EIT that meets the intent of the Workforce Investment Act of 1998 which requires, regardless of medium, --

(i) individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and

(ii) individuals with disabilities who are members of the public seeking information or services from FEMA to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

Furthermore, the contractor shall comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR 1194 and http://www.section508.gov.

H.6 CONTRACTOR PERFORMANCE ASSESSEMENT REPORTING SYSTEM (CPARS)

In accordance with FAR 42.15, the Contractor shall be subject to performance review in the Contractor Performance Assessment Reporting System (CPARS), found at https://www.cpars.gov/. Contractors shall provide responses to reviews as required in CPARS. Contractor shall designate a Point of Contact for CPARS reviews and responses, and provide the name, phone number and email address of the designated contractor POC to the Contracting Officer within 30 days of the contract effective date.70FA2019C00000010 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

FOR INDEFINITE-DELIVERY CONTRACTS

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE JUL 2016

MAINTENANCE

OR PRICING DATA-MODIFICATIONS

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING OCT 2010

DATA

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING OCT 2010

DATA-MODIFICATIONS

POSTRETIREMENT BENEFITS (PRB) OTHER THAN

PENSIONS

STANDARDS

GOVERNMENT (FIXED- PRICE)

I.2 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.3 52.216-19 Order Limitation (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of _____________ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of ______________ [insert dollar figure or quantity]; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [insert date].

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

I.7 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JULY 2005) ALTERNATE II (OCT 2001)(DEVIATION)

(a) This clause does…