Attachment 1 PWS HMTAP TSS 11_21_19.pdf

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PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF HOMELAND SECURITY (DHS)

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

FEDERAL INSURANCE AND MITIGATION ADMINISTRATION (FIMA)

NON-ARCHITECTURAL AND ENGINEERING (NON-A&E) HAZARD MITIGATION

TECHNICAL ASSISTANCE PROGRAM (HMTAP)

TRAINING SUPPORT SERVICES `

1. PURPOSE:

The purpose of this effort is to procure contractor training support services for the Federal

Emergency Management Agency (FEMA), Federal Insurance and Mitigation Administration

(FIMA), Mitigation Directorate, the Office of Environmental and Historic Preservation (OEHP), and the Insurance and Mitigation Readiness Division (IMRD). Through this effort, FIMA will implement effective and self-sustainable training programs able to build capability and capacity to meet the needs of the Mitigation Directorate.

2. SCOPE:

Contractor shall deliver an effective training program. An effective training program will seek to maximize learner-directed approaches (such as simulated real-world problems) and minimize instructor-centered strategies (such as lecture). An effective training program will:

2.1. Establish clear link between what is being taught and the learner’s job responsibilities.

2.2. Impart knowledge on the subject matter that is relevant to the learners’ job responsibilities.

2.3. Enable learners to solve real-life practical problems rather than just acquire knowledge through work simulations, case-study analysis, group discussions, demonstrations, etc.

2.4. Provide numerous opportunities for learners to practice what is being taught. Observe performance and provide immediate guidance and feedback.

2.5. Provide frequent, short knowledge checks to confirm that learners are keeping up with the instruction.

2.6. Vary instructional strategies frequently to keep learners focused, limit use of lecture, and minimize reliance on PowerPoint.

2.7. Incorporate different learning styles (visual, auditory, and kinesthetic) to training.

The Contractor shall have expert knowledge of the Emergency Management Institute (EMI) training development processes and the 508 compliance requirements and processes – to include but not limited to the Learning Concept Management System (LCMS).

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The Contractor shall provide training development and delivery services to support the mitigation programs – including Hazard Mitigation Assistance (HMA), Floodplain Management

Program (FPM), Office of the Flood Insurance Advocate (OFIA), Insurance and Mitigation

Directorate (IMRD), and Environmental and Historic Preservation (EHP). In this capacity the

Contractor shall:

2.8. Develop, update and maintain mitigation programs classroom and online independent study training courses and materials;

2.9. Deliver mitigation programs classroom and online independent study training courses and materials to various audiences nationwide;

2.10. Provide analytical, technical assistance and strategic guidance in support of the mitigation grant programs’ training solutions;

2.11. Provide training course planning and logistical support and;

2.12. Provide project management and quality control support for mitigation grant programs training course development, delivery and technical assistance efforts. The offeror shall demonstrate experience with and providing support in the following key areas: Hazard Mitigation Assistance (HMA), Floodplain Management (FMA), The

Office of Environmental Historic and Preservation (OEHP) and Insurance and

Mitigation Readiness Division (IMRD).

3. PERIOD OF PERFORMANCE:

The period of performance shall consist of five (5) 12-month ordering periods.

4. PLACE OF PERFORMANCE:

Course development activities will be completed at the Contractor’s facility or an alternate offsite location approved by the Contracting Officer. However, the Offeror must be capable of delivering services within all fifty (50) States, territories, districts and sovereign Tribal nations.

The specific place of performance and travel requirements for training delivery will be provided at the individual task order level.

5. BACKGROUND:

FEMA’s mission is to support our citizens and first responders, to ensure that as a nation, we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards. The Federal Insurance and Mitigation

Administration (FIMA) mission is to work in partnership to support sustainable, disaster resilient communities, to avoid or reduce the loss of life, loss of property, and financial impact from hazards.

The FEMA, FIMA, Hazard Mitigation Assistance (HMA) Division manages and delivers grants for one (1) post disaster mitigation grant program, two (2) pre-disaster mitigation grant programs, and one (1) new post-disaster program (Building Resilient Infrastructure and

Communities (BRIC)) being implemented as a result of the Disaster Recovery Reform Act of

2018 (DRRA). The Hazard Mitigation Grant Program (HMGP) is HMA’s largest mitigation program and is made available to states, territories, tribes and districts after a presidentially declared disaster. The Flood Mitigation Assistance (FMA) program and Pre-disaster Mitigation

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(PDM) program are available to states, territories, tribes and districts pre-disaster to perform mitigation activities.

Training provided for HMA includes, but is not limited to, grant application development, grant application review and grant management, benefit cost analysis for mitigation grants, use of

HMA’s grant application systems, and data warehouse training. Contractor may require access to grant application systems and data warehouse when delivering training.

The Floodplain Management Branch (FPM) provides training and technical assistance to support floodplain management requirements and initiatives. Training that is provided by FPM includes, but is not limited to, substantial damage, increased cost of compliance, flood map updates, flood hazard mitigation methods and available flood hazard mitigation resources. FPM also provides direct floodplain management technical support to local/Tribal governments in planning a flood hazard mitigation strategy.

The Office of Environmental Planning and Historic Preservation (OEHP) provides technical guidance and training for compliance with Environmental and Historic Preservation (EHP) laws, Executive Orders, and regulations, including but not limited to, the National Environmental

Policy Act (NEPA), National Historic Preservation Act (NHPA), Endangered Species Act

(ESA), Executive Order 11988, Floodplain Management, and Executive Order 12898, Environmental Justice.

The Mitigation Directorate’s Insurance and Mitigation Readiness Division (IMRD) works to strengthen the capability and capacity of FEMA’s workforce to ensure the successful delivery of effective mitigation strategies in disaster operations. IMRD achieves these goals through mitigation training, information transfer, coordination of Insurance and Mitigation Disaster

Operations, and product development by engaging our stakeholders in a holistic, consensus-based approach.

Section 24 of the Homeowner Flood Insurance Affordability Act of 2014 directed FEMA’s

Administrator to establish a Flood Insurance Advocate (OFIA) to advocate for the fair treatment of policyholders under the National Flood Insurance Program (NFIP) and for property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. Technical support provided may be related to flood insurance, flood hazard mapping, floodplain management, or HMA grants.

6. CONTACTOR TASKS:

The Contractor shall:

6.1. Utilize industry best practices and instructional systems design expertise to develop, update, revise, enhance and maintain contemporary and effective classroom and online independent study training courses and materials for HMA, FPM, OEHP and IMRD.

6.1.1. Provide bi-lingual course developers fluent in Spanish and English to develop or update courses in the Spanish language as specified at the task order level.

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6.1.2. The Government anticipates that Contractor support is required to develop five

(5) new courses per year and to revise and update three (3) existing courses per year.

6.2. Utilize innovative, interactive and efficient techniques to deliver instructor-led, in-person classroom training on a variety of mitigation subjects to a wide range of audiences including federal, state, tribal, territorial and local officials, contractors, conference attendees and homeowners.

The Government anticipates that Contractor support is required to instruct approximately fifty (50), two (2) to four (4) day instructor-led, in-person classroom training courses per year. FEMA will provide a minimum of 30 calendar days advance notice for course delivery requests.

6.2.1. Effectively communicate verbally and through writing the various technical and non-technical subjects related to HMA, FPM, OEHP and IMRD training curriculum.

6.2.2. Instructor-led, in-person classroom training shall be conducted nationwide at locations specified at the task order level.

6.2.3. Provide bi-lingual course trainers fluent in Spanish and English to deliver instructor-led, in-person classroom training in the Spanish language as specified at the task order level.

6.2.4. Coordinate logistics, planning and communications with the COR to execute schedules and enable timely training course delivery. Note: Training rooms and locations will be provided by FEMA or the host organization.

6.2.5. The Contactor may be required to deliver multiple instructor-led, in-person classroom training courses concurrently at different locations nationwide.

6.3. Provide research and information analysis in pre and post-disaster environments to update, modernize and streamline training activities as prescribed at the task order level.

6.4. Achieve effective project management through providing accurate and timely schedule and performance information throughout the life cycle of the mitigation grant programs training support efforts.

6.4.1. Employ program management tools to support workflow progress tracking and performance assessments.

6.4.2. Improve project management effectiveness through knowledge management, continuous improvement strategies, and innovative technical and business practices.

6.5. Establish a sound Quality Control Plan (QCP) and apply risk management throughout the life of the contract.

6.6. Establish a Quarterly Status Report that allows for Program visibility including but not limited to: insight to training development, training schedule, cost and performance.

6.7. In the event of a national catastrophic event (surge event), the Contractor may be required to provide additional support to include instructor-led, in person classroom training outside of the annual estimated instruction periods. FEMA will attempt to

5 | P a g e provide a minimum of 15 days notice for these course delivery requests.

7. OPERATING CONTRAINTS:

7.1. Course materials must be compliant with Emergency Management Institute (EMI) course development standards including Section 508 compliance.

7.2. The Contractor shall use the Learning Content Management System (LCMS) to deliver final content for courses offered through EMI.

7.3. The Contractor shall be required to utilize FEMA’s LCMS for all course development and revision production. The LCMS is a web-accessible application that is used to manage EMI curriculum and all new courses and revisions made to existing courses will be uploaded by Contractor staff before the course is considered complete. All

Contractor subject matter experts (SMEs) will be required to attend a two (2) day LCMS

Developer training course before they will be given access to the system. EMI will provide access to the LCMS and help desk support for LCMS users.

7.4. Online courses shall be formatted in accordance with the EMI online course template as specified at https://training.fema.gov/devres/default.aspx .

7.5. All developed training materials are property of FEMA and shall not include any branding, logos or other Contractor company information.

7.6. All course materials, including online content and videos shall be Section 508

Compliant, be compliant with the Federal privacy compliance framework, and meet

Shareable Content Object Reference Model (SCORM) requirements.

7.7. FEMA will provide the Contractor with FEMA badging and access to EMI’s Learning

Management Content System (LCMS).

7.8. The Contractor shall use the Department of Homeland Security Seal and Emergency

Management Institute (EMI) materials and templates.

7.9. Contractor must support training development and delivery for new mitigation grant programs that are authorized/arise during the contract period of performance.

7.10. All rights and ownership of any information resulting from this Contract belongs to FEMA.

8. APPLICABLE DOCUMENTS:

8.1. All deliverables for this contract must comply (where applicable) with the most recent version of the regulations listed below.

8.1.1. Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law

(PL) 93-288, as amended

8.1.2. 36 Code of Federal Regulations (CFR), Part 800

8.1.3. 40 CFR, Parts 1500-1508

8.1.4. 44 CFR, Parts 8,9,10,13,14,60 and 206

8.1.5. 50 CFR, Part 402

8.1.6. Earthquake Hazards Reduction Act of 1977, as amended, PL 95-124

8.1.7. National Flood Insurance Act of 1968 as Amended by the Biggert-Waters Act of

8.1.8. Flood Disaster Protection Act of 1973

8.1.9. Riegle Community Development and Regulatory Improvement Act of 1994 https://training.fema.gov/devres/default.aspx https://training.fema.gov/devres/default.aspx

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8.1.10. 44 CFR Part 78, Part 79, Part 80 and Part 201

8.1.11. National Environmental Policy Act (NEPA)

8.1.12. National Historic Preservation Act (NHPA)

8.1.13. Endangered Species Act (ESA)

8.1.14. Executive Order (EO) 11988 (Floodplain Management)

8.1.15. EO 11990 (Protection of Wetlands)

8.1.16. EO 12898 (Environmental Justice)

8.1.17. EO 12699 (Seismic Safety)

8.1.18. Office of Management and Budget (OMB) Circular A-119 (Technology Transfer

Act)

8.1.19. OMB Circular A-94 (Guidelines and Discount Rates for Benefit Cost Analysis of

Federal Programs)

8.1.20. EMI Curriculum Management System Guidebook

8.1.21. NETC SOP Number 119-3 Facility Utilization and Expenses at the National

Emergency Training Center.

8.2 Existing courses and course descriptions can be viewed at https://www.firstrespondertraining.gov/frt/npccatalog/EMI

8.1.22. E/L 0212 Hazard Mitigation Assistance (HMA): Developing Quality Application

Elements

8.1.23. E/L 0213 Hazard Mitigation Assistance (HMA): Application Review and

Evaluation

8.1.24. E/L 0214 Hazard Mitigation Assistance (HMA): Project Implementation and

Programmatic Closeout

8.1.25. E/L 0276 Benefit-Cost Analysis (BCA): Entry-Level Training

8.1.26. E/L 0841 National Emergency Management Information System (NEMIS):

Mitigation Training

8.1.27. IS-30. B Mitigation eGrants System for the Sub Grant Applicant

8.1.28. IS-31. B Mitigation eGrants System for the Grant Applicant

8.1.29. IS-32. A Mitigation eGrants Internal System

8.1.30. IS-276.A: Benefit-Cost Analysis Fundamentals

8.1.31. IS-277.A: Benefit-Cost Analysis (BCA) Entry-Level

8.1.32. Enterprise Data Warehouse (EDW): Mitigation Data Mart Training

8.1.33. E0265 Advanced Methods of FEMA’s Historic Preservation Compliance

8.1.34. E0273 Managing Floodplain Development through the National Flood Insurance

Program

8.1.35 E0194 Advanced Floodplain Management Concepts I

9. COORDINATION:

All work shall be coordinated with the FEMA Contracting Officer Representative, Project

Monitor, Contracting Officer, and Program Manager.

10. CONSTRAINTS:

Learning Content Management System (LCMS) https://www.firstrespondertraining.gov/frt/npccatalog/EMI https://www.firstrespondertraining.gov/frt/npccatalog/EMI

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• All course development and revision production accomplished for FEMA will be conducted outside of the Learning Content Management System (LCMS). Draft materials will be provided before being entered into the LCMS for Subject Matter Expert

(SME) review, as required by EMI. The LCMS is a web-accessible application used to manage Emergency Management Institute (EMI) curriculum. EMI will provide access to the LCMS and help desk support for LCMS users. The Contractor will deliver final, updated course content in the LCMS, with designated output to the Plan of Instruction, Instructor Guide, Student Manual, Visuals and online course files.

• The Contractor will provide 508-compliant copies of all products associated with the objectives. EMI Guidance for 508 compliance requirements for course deliverables is available at https://training.fema.gov/devres/508guidelines.aspx . The Contractor will revise course material as specified by the COR, PM or TM to ensure 508 compliance.

The final course material deliverables shall not be considered final until after an internal

Section 508 review is completed and approved by EMI.

• All deliverables require copyright and 508 compliance letters. Interactive independent study deliverables also require SCORM compliance. The Contractor will provide all required compliance letters appropriate for the type of course designed, developed or revised. Compliance Letter templates are available from EMI at https://training.fema.gov/devres/lcmssupport.aspx .

11. CONTRACTOR FURNISHED EQUIPMENT AND RESOURCES:

The contractor shall provide all workspace, equipment, software, office supplies, and related services necessary to perform work at the Contractor’s facility.

12. GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION

12.1 On-site contractor personnel Contractor personnel working at a designated FEMA facility will be provided with FEMA badges and FEMA issued laptops or official government business use only. Network access and internet connectivity will be provided to the Contractor at the designated FEMA facility.

12.2 The Government may provide hardware and/or software during the period of performance to the contractor to complete assigned tasks.

12.3 FEMA will provide the contractor with access to all existing training courses and materials.

13. QUALIFICATIONS:

13.1 To the maximum extent possible Contractor personnel shall have expert knowledge and understanding of applicable statutes, regulations, requirements, grants, policies, guidance, and specifications that impact the FEMA’s Hazard Mitigation Grant

Programs, EHP, and the National Flood Insurance Programs.

13.2 The Contractor personnel shall have expert knowledge and experience in teaching and https://training.fema.gov/devres/508guidelines.aspx https://training.fema.gov/devres/508guidelines.aspx https://training.fema.gov/devres/lcmssupport.aspx https://training.fema.gov/devres/lcmssupport.aspx

8 | P a g e facilitating learning events in the classroom and online environments with emphasis on the science of learning, its practical application in instructing participants and facilitating discussions, managing the classroom environment, and managing courses.

14 STAFFING REQUIREMENTS:

14.1Provide a proper skill mix, subject matter expertise and required number of personnel to effectively perform all contract objectives.

15 KEY PERSONNEL:

15.1 The Contractor shall identify a Program Manager and Alternate Program Manager as

Key Personnel who will be responsible for managing the effort outlined in this SOW and coordinating with the FEMA Contracting Officer and Contracting Officer’s

Representative on requirements and execution.

15.2 The Contractor shall provide a Program Manager who shall be responsible for all

Contractor work performed. The Program Manager shall be a single point of contact for the CO and the COR. The name of the Program Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Program Manager, shall be provided to the Government as part of the Contractor's proposal. The Program

Manager is further designated as Key by the Government. During any absence of the

Program Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Program Manager and all designated alternates shall be able to read, write, speak and understand English.

Additionally, the Contractor shall not replace the Program Manager without prior approval from the CO.

15.3 The Program Manager shall be available to the CO and the COR via telephone between the hours of 9:00 AM and 5:00 PM Eastern Time (ET), Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within three

(3) hours of notification.

15.4 The key personnel specified in this contract, are considered to be essential to work performance. At least 30 calendar days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employment of the Contractor), the

Contractor shall notify the CO and shall submit a comprehensive justification for the diversion or replacement request (including proposed substitutions and resumes for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the CO and the Program Management Office (PMO).

Key personnel replacements are subject to approval of the CO and PMO. Note: The

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Government may designate additional Contractor personnel as Key at the time of award and at issuance of subsequent orders.

15.5 Labor Category:

Program Manager

Qualifications: Master’s Degree or higher. A minimum of 20 years of experience with:

• Expert knowledge and understanding of applicable statutes, regulations, requirements, grants, policies, guidance, and specifications that impact FIMA’s grant programs including but not limited to the Hazard Mitigation Assistance (HMA) grant programs, the National Dam Safety Program (NDSP) grants, Environmental

Planning and Historic Preservation (EHP), and National Flood Insurance Programs

(NFIP).

• Expert knowledge of FEMA’s HMA, NDSP grant programs, EHP, and NFIP programs that are of similar type, size and scope.

• Initiating, planning, developing, executing/managing, monitoring, controlling, and closing large-scale programs with similar business markets, including service delivery contracts and mission critical programs.

• Program Manager shall have Project management certification such as Project

Management Institute (PMI) Project Management Professional (PMP), or FAC-

P/PM certification Level III.

• The Program Manager shall be responsible for the overall management of the contract and task orders and ensuring that the technical solutions and schedules are implemented in a timely manner.

16 EMPLOYEE IDENTIFICATION:

Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times. Contractor employees working on-site at Government facilities shall wear a Government issued identification badge. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent (in meetings, when answering

Government telephones, in e-mail messages, etc.) and display the Government issued badge in plain view above the waist at all times.

17 EMPLOYEE CONDUCT:

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at

Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security. The Project Manager shall ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and

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18 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS:

The Government may, at its sole discretion (via the CO), direct the Contractor to remove any

Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The CO will provide the Contractor with a written explanation to support any request to remove an employee.

19 HOURS OF OPERATION:

Contractor employees shall generally perform all work between the hours of 6:00 AM and 6:00

PM EST, Monday through Friday (except Federal holidays). However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill task order requirements.

20 TRAVEL REQUIREMENTS:

14.7 Performance of task orders under this contract may require travel. The contractor will be reimbursed for transportation expenses in accordance with procedures established in the Federal

Travel Regulations (FTR). In some cases, travel may be required to the National Emergency

Training Center in Emmitsburg, MD. Campus lodging shall be provided to DHS contractors at no cost, when available if the specified tasks require overnight accommodation. The Contractor shall provide the travel requirements and associated cost estimates to the Contracting Officer

(CO) and the Contracting Officer Representative (COR) for approval in advance of conducting travel. Travel shall not be undertaken without the prior approval of the CO or COR. The

Contractor shall be reimbursed for actual transportation, lodging, meals, and incidental expenses in accordance with the FTR. The Government shall not be charged G&A fees for any travel.

21 CONTRACT DELIVERABLES AND DELIVERY SCHEDULE:

Deliverable Description Frequency Due Dates

Project Kickoff

Meeting

The Contractor shall attend a kickoff meeting hosted by the

Government. The purpose of the meeting shall be to ensure a common understanding of program priorities, milestones, deliverables, vision, plan and strategy going forward.

One (1) time. Within seven (7) calendar days from contract award date.

Quality Control

Plan (QCP)

The Contractor is required to develop a comprehensive program of inspections and monitoring actions and to document its approach in a

Quality Control Plan

(QCP). The Contractor’s QCP, upon approval by the

Government, will be made a

One (1) time;

updated upon any significant risk management changes.

Within ten (10) days of Project

Kick-Off

Meeting.

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QCP should include monitoring methods to ensure and demonstrate its compliance with the proposed performance standards. This includes inspection methods and schedules.

Monthly Reports The Contractor is required to submit monthly updates on current and future activity.

The Monthly Report shall summarize all Contractor work performed under active task orders. The monthly report shall include an assessment of technical progress, schedule status, any travel conducted and any

Contractor concerns or recommendations from the previous month’s period.

Additional report requirements may be specified in each order.

The report shall include all incidents or services (identified either by the Contractor or the

Government) which were considered to be non-conforming and the corrective action taken to correct performance to meet requirements.

Monthly. Within the first five (5) calendar days of each month.

Quarterly Status

Report

The Quarterly Status Report shall summarize work accomplished under the contract to include the financial status. The Quarterly Status

Report shall also summarize the Contractor’s compliance with the performance standards

Quarterly. 90 calendar days after contract award and quarterly thereafter.

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Section 508 Requirements

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998

(P.L. 105-220) (codified at 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of

Federal employees and members of the public without disabilities.

1. All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT or that contain ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 &

Apps. A, C & D, and available at https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards.

Item that contains Information and Communications Technology (ICT):

electronic content

Applicable Exception: N/A Authorization #: N/A

Applicable Functional Performance Criteria: All functional performance criteria in Chapter 3 apply to when using an alternative design or technology that results to achieve substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in

Chapters 4 and 5 of the Revised 508 Standards, or when Chapters 4 or 5 do not address one or more functions of ICT.

Applicable 508 requirements for electronic content features and components (including Internet and Intranet website; Electronic documents; Electronic forms; Electronic document templates; Electronic surveys; Electronic reports; Electronic training materials; Multi-media

(video/audio); Interactive maps): All requirements in E205 apply, including all WCAG Level AA Success Criteria Apply and quality control efforts during the period.

https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf

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Applicable 508 requirements for software features and components

(including Web, desktop, server, mobile client applications; Electronic content and software authoring tools and platforms): All requirements in

Chapter 5 apply, including all WCAG Level AA Success Criteria, 502

Interoperability with Assistive Technology, 503 Application, 504

Authoring Tools

Applicable 508 requirements for hardware features and components:

Does not apply

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

2. When developing or modifying ICT for the government, the contractor shall ensure the

ICT fully conforms to the applicable Section 508 Standards. When modifying a commercially available or government-owned ICT, the contractor shall not reduce the original ICT Item’s level of Section 508 conformance.

3. When developing or modifying ICT that are delivered in an electronic Microsoft Office or Adobe PDF format, the contractor shall demonstrate conformance by providing

Section 508 test results based on the Accessible Electronic Documents – Community of

Practice (AED COP) Harmonized Testing Guidance at https://www.dhs.gov/compliance-test-processes.

4. Contractor personnel shall possess the knowledge, skills and abilities necessary to address the applicable revised Section 508 Standards for each ICT.

5. Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS

Directive 139-05, Office of Accessible Systems and Technology, dated January 29, 2016 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology

Program, dated January 11, 2017.

6. Where ICT conforming to one or more requirements in the Revised 508 Standards is not commercially available, the agency shall procure the ICT that best meets the Revised 508

Standards consistent with the agency’s business needs, in accordance with 36 CFR

E202.7. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology

(OAST) according to DHS Directive 139-05, Office of Accessible Systems and

Technology, dated January 29, 2016 and DHS Instruction 139-05-001, Managing the

Accessible Systems and Technology Program, dated January 11, 2017 and 36 CFR

E202.6.

https://www.dhs.gov/compliance-test-processes

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Instructions: Please include the following language in your solicitation package, and include with any associated ITAR approval requests. If you do not include this language in your package, you will not receive information from vendors needed to determine if they meet the accessibility requirements. This language can be included in the SOW or in other parts of the solicitation package based on the solicitation type. The following instructions are intended to provide offerors guidance on how to document the manner in which their proposed solution addressed the Section 508 requirements outlined in the previous section. This documentation shall be included with their proposal. These instructions shall also be included with any other instructions provided to potential offerors on how to respond to the solicitation. Caution: Do not misconstrue these instructions to be Section 508 requirements, evaluation factors, or acceptance criteria.

Instructions to Offerors

1. For each commercially available Information and Communications Technology (ICT) item offered through this contract, the Offeror shall provide an Accessibility

Conformance Report (ACR). The ACR shall be created using the Voluntary Product

Accessibility Template Version 2.2 508 (or later). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed in accordance with all the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Work Statement. Each

ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanation’s column, or through additional narrative. All “Supports”, “Supports with Exceptions”, “Does Not Support”, and “Not Applicable” (N/A) responses must be explained in the remarks/explanations column or through additional narrative. The offeror is cautioned to address each standard individually and with specificity, and to be clear whether conformance is achieved throughout the entire ICT

Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. The ACR shall provide a description of the evaluation methods used to support Section 508 conformance claims. The agency reserves the right, prior to making an award decision, to perform testing on some or all of the

Offeror’s proposed ICT items to validate Section 508 conformance claims made in the

ACR.

2. For each ICT Item that will be developed, modified, installed, configured, integrated, or hosted by the contractor pursuant to this contract, the offeror shall provide an acknowledgement of the Section 508 requirements and a detailed explanation of the

Offerors plan to ensure conformance with the requirements. The Offeror shall also describe the evaluation methods that will be used to validate for conformance to the

Section 508 Standards.

3. For each commercially available authoring tool offered that generates electronic content

(e.g., an authoring tool that is used to create html pages, reports, surveys, charts, dashboards, etc.), the Offeror shall describe the level of Section 508 compliance supported for the content that can be generated.

https://www.itic.org/policy/accessibility/vpat https://www.itic.org/policy/accessibility/vpat

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4. The offeror shall describe plans for features that do not fully conform to the Section 508

Standards.

Instructions: Insert the following language into the Acceptance Criteria section of the solicitation, and include with any associated ITAR approval requests. If the solicitation uses the

FAR Uniform Contract Format (UCF), this text would be placed in Section E., Inspection and acceptance. (See FAR 14.201-1, et. seq. and FAR 15.204-1, et. seq.)

Acceptance Criteria

1. Before accepting items that contain Information and Communications Technology (ICT) that are developed, modified, or configured according to this contract, the government reserves the right to require the contractor to provide the following:

o Accessibility test results based on the required test methods.

o Documentation of features provided to help achieve accessibility and usability for people with disabilities.

o Documentation of core functions that cannot be accessed by persons with disabilities.

o Documentation on how to configure and install the ICT Item to support accessibility.

o Demonstration of the ICT Item’s conformance to the applicable Section 508

Standards, (including the ability of the ICT Item to create electronic content – where applicable).

2. Before accepting ICT required under the contract, the government reserves the right to perform testing on required ICT items to validate the offeror’s Section 508 conformance claims. If the government determines that Section 508 conformance claims provided by the offeror represent a higher level of conformance than what is actually provided to the agency, the government shall, at its option, require the offeror to remediate the item to align with the offeror’s original Section 508 conformance claims prior to acceptance.

Section 508 Requirements

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998

(P.L. 105-220) (codified at 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of

Federal employees and members of the public without disabilities.

1. All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT or that contain ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 &

Apps. A, C & D, and available at https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards.

https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf

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Item that contains Information and Communications Technology (ICT):

electronic content

Applicable Exception: N/A Authorization #: N/A

Applicable Functional Performance Criteria: All functional performance criteria in Chapter 3 apply to when using an alternative design or technology that results to achieve substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in

Chapters 4 and 5 of the Revised 508 Standards, or when Chapters 4 or 5 do not address one or more functions of ICT.

Applicable 508 requirements for electronic content features and components (including Internet and Intranet website; Electronic documents; Electronic forms; Electronic document templates; Electronic surveys; Electronic reports; Electronic training materials; Multi-media

(video/audio); Interactive maps): All requirements in E205 apply, including all WCAG Level AA Success Criteria Apply

Applicable 508 requirements for software features and components

(including Web, desktop, server, mobile client applications; Electronic content and software authoring tools and platforms): All requirements in

Chapter 5 apply, including all WCAG Level AA Success Criteria, 502

Interoperability with Assistive Technology, 503 Application, 504

Authoring Tools

Applicable 508 requirements for hardware features and components:

Does not apply

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

22 SECURITY:

All work performed under this PWS is unclassified. All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure its employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD).

All individuals will be U.S. citizens. The contractor shall follow the standards established within

DHS and FEMA policy.

[NOTE TO CONTRACTING OFFICER: The CO, in coordination with FEMA’s Personnel

Security Division (PSD), shall ensure that all solicitations and contracts comply with the following Federal Acquisition Regulations and Homeland Security Acquisition Regulations by including the requisite clauses, as applicable:

• 48 C.F.R. § 4.1303 (clause at 48 C.F.R. § 52.204-9)

• 48 C.F.R. § 3004.470-3 (clauses at 48 C.F.R. § 3052.204-70 and 48 C.F.R. § 3052.204-

71)]

23 BACKGROUND INVESTIGATIONS:

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All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to

Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access

Contractor personnel occupying positions or performing functions with a low risk designation and who do not require access to DHS or FEMA information systems shall undergo a Tier 1 (T1) background investigation which is equivalent to the previously identified National Agency

Check with Inquiries (NACI). Either of these investigations must be supported by a separate credit check and must receive a favorable adjudication thereof from FEMA PSD prior to holder performing work under this contract. A favorably adjudicated NACI & C will remain acceptable for the purpose of reciprocity where a T1 investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

Low Risk with Information System Access

Contractor personnel occupying positions or performing functions with a moderate risk designation shall undergo a Tier 2 Suitability (T2S) background investigation which is equivalent to the previously identified Moderate Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to the holder performing work under this contract. A favorably adjudicated MBI will remain acceptable for the purpose of reciprocity where a T2S investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

Moderate Risk

Contractor personnel occupying positions or performing functions with a moderate risk designation shall undergo a Tier 2 Suitability (T2S) background investigation which is equivalent to the previously identified Moderate Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to the holder performing work under this contract. A favorably adjudicated MBI will remain acceptable for the purpose of reciprocity where a T2S investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

High Risk

Contractor personnel occupying positions or performing functions with a high-risk designation shall undergo a Tier 4 (T4) background investigation which is equivalent to the previously identified Background Investigation (BI), and must receive a favorable adjudication thereof from

FEMA PSD prior to the holder performing work under this contract. A favorably adjudicated BI will remain acceptable for the purpose of reciprocity where a T4 investigation is required for a

18 | P a g e period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

Background Investigation Process

Contractors performing on this contract must be United States Citizens. Contractor applicants must also be 18 years of age or older to allow for the conduct of certain security related queries.

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA

Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract

Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

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

• the investigation was completed within the last five years;

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

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

• FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email to the contractor personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the Office of Personnel Management’s Electronic

Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information:

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

• Optional Form 306, “Declaration for Federal Employment”

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

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

• DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act”

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Applicants born outside the United States will be required to provide proof of citizenship in the form of a Certificate of Naturalization (Form N550 or N570), an unexpired U.S. Passport, or

State Department issued Consular Report of Birth Abroad (CRBA) (FS-240)

FEMA PSD will only accept complete packages consisting of all of the above document and

Standard Form 85P, which must be completed electronically through the Office of Personnel

Management’s e-QIP system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Residency requirements apply to the background investigation process. Persons subject to investigation and final adjudication for fitness or suitability must have lived within the United

States for no less than 3 of the last 5 years as defined in the DHS Instruction 121-01-007-01, The

Department of Homeland Security, Personnel Security, Suitability and Fitness Program (June

14, 2016). DHS has determined this to be the amount of time required to be the sufficient minimum investigative period for the purpose of performing a suitability or fitness adjudication.

Both, OPM and OMB require a final adjudicative decision to support the issuance of the HSPD-

12 compliant PIV Card that contractors are issued by FEMA Physical Security.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern.