70FA4021R00000006.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR T O COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQ UISITIO N NUMBER PAGE OF

1 37

2. CO NT RACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

70FA4021R00000006

6. SOLICITATION

ISSUE DATE

04/21/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Charles Battle

b. TELEPHONE NUMBER

(202) 646-4615

(No collec t cal ls ) 8. OFFER DUE DATE/LO CAL TIME

05/21/2021 1100 ES

9. ISSUED BY CO DE 70FA40 10. THIS A CQ UISITION IS X UNRESTRICTE D OR SET ASIDE: % FOR:

FEMA-SUPPORT SERVICES SECTION SMALL BUSINESS

WO MEN-O WNE D SMALL B USINESS

(WOSB) E LIGIBLE UNDER T HE WOME N-O W NE D

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

HUBZ ONE S MALL

BUSINESS

SMALL BUSINESS PROG RAM

EDWOSB

NAICS:541199

3RD FLOOR

WASHINGTON DC 20472

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

SIZE STANDA RD: $12.0

11 . DELIVERY F OR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCO UNT TE RMS

13a. THIS CO NTRA CT IS A

RATED O RDER UNDER

13b. RATING

14. METHOD OF SOLICITATION

SEE SCHEDULE DPAS (15 CF R 700)

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY

FEMA-SUPPORT SERVICES SECTION

CODE 70FA40

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

17a. CO NT RACT OR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WIL L BE MA DE BY CODE

TELEPHONE NO.

17b. CHE CK IF REMITTA NCE IS DIFFERE NT AND P UT SUCH ADDRESS IN OFFE R 18b. S UBMIT INVOICES TO A DDRESS SHO W N IN BL OCK 1 8a UNLESS BLO CK BELO W

19. 20.

IS CHECKE D

21.

SEE ADDENDUM

22. 23. 24.

ITEM NO. SCHE DULE OF S UPPLIES/SERVICES

The purpose of this solicitation is to establish a Blanket Purchase Agreement (BPA) to obtain

Expert Witness Services to support FEMA's Office of Chief Counsel (OCC) with Public Assistance

(PA) arbitrations and court reporting and transcript services.

Period of Performance: 06/01/2021 to 05/31/2025

QUA NTITY UNIT UNIT PRICE AMOUNT

0001 Expert Witness Support

Product/Service Code: R418

Continued ...

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

3000 HR

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

X

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TER MS AND CONDITIONS SPECIFIED.

29. AWARD OF C ONTRAC T: OFFER

DATED . YOUR OFFER ON S OLICITA TION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITE D STATES OF AMERICA (SIGNAT URE OF CO NT RACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CON TRAC TING OFFICER (Type or print)

Barry Taylor

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Product/Service Description: SUPPORT-

PROFESSIONAL: LEGAL

Period of Performance: 06/01/2021 to 05/31/2022

0002 Court Reporting/Transcribing

(Not Separately Priced)

Product/Service Code: R418

Product/Service Description: SUPPORT-

PROFESSIONAL: LEGAL

FOB: Destination

Period of Performance: 06/01/2021 to 05/30/2022

0002AA Court Reporter/Stenographer 400 HR

Product/Service Code: R418

Product/Service Description: SUPPORT-

PROFESSIONAL: LEGAL

Period of Performance: 06/01/2021 to 05/31/2022

0002AB Page Cost 15000 PC

Product/Service Code: R418

Product/Service Description: SUPPORT-

PROFESSIONAL: LEGAL

Period of Performance: 06/01/2021 to 05/31/2022

Continued ...

32a. QUANTITY IN COLU MN 21 HAS BEEN

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

STANDARD FORM 1449 (REV. 2/2012) BACK

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUN T VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NU MBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

CONTINUATION SHEET

REFERE NCE NO. OF DOCUME NT BEING CO NTINUE D

70FA4021R00000006

PAGE OF

3 37

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

(F)

0003 Travel Not to Exceed $22,500

(Travel will include Air & Lodging)

Product/Service Code: R418

Period of Performance: 06/01/2021 to 05/31/2022

1001 Expert Witness Support

(Option Line Item)

Date Option to be Exercised

Product/Service Code: R418

Product/Service Description: SUPPORT-

3000 HR

Period of Performance: 06/01/2022 to 05/31/2023

1002 Court Reporting/Transcribing

Date Option to be Exercised

(Not Separately Priced)

Product/Service Code: R418

1002AA Court Reporter/Stenographer

Date Option to be Exercised

Product/Service Code: R418

Product/Service Description: SUPPORT-

400 HR

1002AB Page Cost

Date Option to be Exercised

Product/Service Code: R418

Product/Service Description: SUPPORT-

15000 PC

1003 Travel Not to Exceed $22,500

Continued ...

NSN 7 540-01-152-80 67 OPTIO NAL F ORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

70FA4021R00000006

PAGE OF

4 37

(Travel will include Air & Lodging)

(Option Line Item)

Date Option to be Exercised

Product/Service Code: R418

2001 Expert Witness Support

Date Option to be Exercised

Product/Service Code: R418

Product/Service Description: SUPPORT-

Period of Performance: 06/01/2023 to 05/31/2024

2002 Court Reporting/Transcribing

Date Option to be Exercised

(Not Separately Priced)

Product/Service Code: R418

2002AA Court Reporter/Stenographer

Date Option to be Exercised

Product/Service Code: R418

Product/Service Description: SUPPORT-

2002AB Page Cost

Date Option to be Exercised

Product/Service Code: R418

Product/Service Description: SUPPORT-

70FA4021R00000006

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5 37

2003 Travel Not to Exceed $22,500

(Travel will include Air & Lodging)

(Option Line Item)

Date Option to be Exercised

Product/Service Code: R418

3001 Expert Witness Support

Date Option to be Exercised 0 Days After Award

Product/Service Code: R418

Product/Service Description: SUPPORT-

Period of Performance: 06/01/2024 to 05/31/2025

3002 Court Reporting/Transcribing

Date Option to be Exercised 0 Days After Award

(Not Separately Priced)

Product/Service Code: R418

3002AA Court Reporter/Stenographer

Date Option to be Exercised 0 Days After Award

Product/Service Code: R418

Product/Service Description: SUPPORT-

3002AB Page Cost

Date Option to be Exercised 0 Days After Award

Product/Service Code: R418

Product/Service Description: SUPPORT-

70FA4021R00000006

PAGE OF

6 37

Travel Not to Exceed $22,500

(Travel will include Air & Lodging)

(Option Line Item)

Date Option to be Exercised

Product/Service Code: R418

4001 Expert Witness Support

Date Option to be Exercised 0 Days After Award

Product/Service Code: R418

Product/Service Description: SUPPORT-

Period of Performance: 06/01/2025 to 05/31/2026

4002 Court Reporting/Transcribing

Date Option to be Exercised 0 Days After Award

(Not Separately Priced)

Product/Service Code: R418

4002AA Court Reporter/Stenographer

Date Option to be Exercised 0 Days After Award

Product/Service Code: R418

Product/Service Description: SUPPORT-

4002AB Page Cost

Date Option to be Exercised 0 Days After Award

Product/Service Code: R418

Product/Service Description: SUPPORT-

70FA4021R00000006

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7 37

Travel Not to Exceed $22,500

(Travel will include Air & Lodging)

(Option Line Item)

Date Option to be Exercised

Product/Service Code: R418

A - Solicitation/Contract Form

B - Supplies or Services/Prices

C - Description/Specifications

FEMA OCC Expert Witness and Court Reporting Services

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

I - Contract Clauses

J - List of Documents, Exhibits and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions, Conditions, and Notices to Bidders

M - Evaluation Factors for Award

Factor 1: Demonstrated Prior Experience

Evaluation Factor 1: Demonstrated Prior Experience - Instructions and Submission Requirements

Factor 2: Performance Work Statement (PWS)

Evaluation Factor 2: Performance Work Statement (PWS) Instructions and Submission Requirements.34

Evaluation Factor 3: Past Performance

Evaluation Factor 3: Past Performance Instructions and Submission Requirements

Evaluation Factor 4: Price

Evaluation Factor-4: Price Instructions and Submission Requirements

3 Technical Volume Instructions and Submission Requirements

6 Rating Definitions

7 Individual Evaluator Ratings

· Print and sign your name on each Evaluation Cover Sheet

· Briefly state the areas in the proposal that influenced your rating

· Write the Confidence rating for the Evaluation Factor on the Individual Technical Evaluation

Worksheets (Appendix C) as well as on the Evaluation Cover Sheet

8 Consensus Ratings

A - Solicitation/Contract Form

B - Supplies or Services/Prices

C - Description/Specifications

FEMA OCC Expert Witness and Court Reporting Services

STATEMENT OF OBJECTIVES (SOO)

Department of Homeland Security (DHS)

Federal Emergency Management Agency (FEMA)

Office of the Chief Counsel (OCC)

FOR

FEMA OCC Expert Witness and Court Reporting Services

1. PURPOSE

The purpose of this effort is to establish a Blanket Purchase Agreement (BPA) to obtain expert witness services and court reporting and transcription services to support FEMA OCC with Public Assistance (PA) arbitrations.

2. SCOPE

The contractor shall provide subject matter experts to provide objective, unbiased and conflict -of-interest-free consultation, analysis of PA projects at issue, testimony and expert opinion reports on the issues of the specific arbitration and court reporting and transcription services at each hearing.

3. PERIOD OF PERFORMANCE

The period of performance shall consist of a 12-month Base Period and four (4) 12-month option periods.

4. PLACE OF PERFORMANCE

The place of performance shall be set forth in individual Orders. The work to be performed is nationwide.

Telework/virtual work may be authorized and required.

5. BACKGROUND

FEMA requires expert witnesses to provide independent review, documentation and reasoning during arbitration matters regarding FEMA PA decisions. In 2018, arbitrations were expanded to nationwide for

PA applicants who have disputes over their request for public assistance. In accordance with the Disaster

Relief Recovery Act (DRRA), PA applicants can request arbitration for any FEMA decision from January

2016 onward in perpetuity.

Section 1219 of the Disaster Recovery Reform Act of 2018 (DRRA) amended Section 423 of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to provide a right of arbitration for applicants who dispute a FEMA determination on their PA application, including eligibility for assistance or repayment of assistance. FEMA refers to this arbitration as “Section 423 arbitration.”

The change has resulted in an increase in the quantity and volume of arbitrations and the Civilian Board of

Contract Appeals (CBCA) has since decreased the amount of time FEMA has to prepare for hearings.

FEMA generally has 30 days to file response to the arbitration and the hearing will generally take place 30 days later. FEMA generally has 60 days total to prepare for the hearing. These changes in law and compressed deadlines for hearing PA project arbitrations have highlighted the need for a flexible o rdering vehicle that will allow for streamlined access to expert witnesses to support FEMA’s defense of its actions.

FEMA also requires court reporting and transcribing support during the arbitrations. FEMA’s has participated in 23 arbitrations since 2018, with the majority coming from 2019 to present (18).

6. PERFORMANCE OBJECTIVES

6.1. Expert Witness Services

6.1.1. The Contractor shall provide subject matter experts in subjects relevant to specific PA projects, as required at the order level, to serve as expert witnesses in PA arbitration hearings. Expert witness contractor support shall:

6.1.2. Gather and analyze the facts of the PA project at issue and develop expert witness opinions that shall serve to assist FEMA in its reply to the request for arbitration and at hearing.

6.1.2.1. This support includes but is not limited to reviewing arbitration case fi les, studies, preparing engineering and other written reports, photographs, drawings, models and conducting on-site visits (as necessary) in order to assess the public entity’s findings that justify the requested reimbursement for damage.

6.1.3. Provide expertise, data, and sources to develop expert opinion reports within 30 days of FEMA filing the brief or along with the witness statements.

6.1.3.1. Expert opinion reports shall be factually based and referenced and shall provide the basis for their opinions, conclusions and analysis.

6.1.4. Develop and provide hearing presentation materials (e.g., physical exhibits, demonstrative samples, graphics, charts, diagrams, etc.) to explain the expert witness’ position and findings.

6.1.5. Participate in at least two (2) FEMA witness preparation sessions in advance of the hearings.

6.1.6. Appear and provide direct testimony at the hearing, presenting their findings and expert opinion on the PA project.

6.1.7. Participate in cross examinations during the hearing.

6.2. Court Reporting Services

6.2.1. The contractor shall:

6.2.1.1. Attend and accurately record hearings by stenotype and include the use of both a keyboard machine that prints symbols used to record speech and backup recording equipment.

6.2.1.2. Accurately transcribe the stenotyped data in English and in the standard court reporting format.

6.2.1.3. Certified transcripts shall comply with the format prescribed by the Government and are to be delivered within the timeframe specified at the Order-level.

6.2.1.4. The length of each hearing may vary based on the complexity of the arbitration.

7. Quality Assurance Surveillance Plan (QASP)

A Quality Assurance Surveillance Plan (QASP) will be utilized by the Government to monitor Contractor performance. The contractor is responsible for management and quality control actions to ensure the requirements of the contract are achieved. The role of the Government is quality assurance to ensure contract standards are achieved. The contractor shall develop a comprehensive program of inspections, monitoring actions and measures to ensure performance success. The contractor shall propose a QASP to include specific performance standards and acceptable quality levels. The proposed QASP is considered to be in draft form until accepted and approved by the Government.

The Government will perform quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. The Contracting Officer’s Representative

(COR) will routinely perform Government quality assurance; however, other activities may be called upon to support this effort as required.

The QASP will be used by the Government to evaluate the Contractor’s performance over the life of the contract. Through this evaluation, the 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 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 FAR 52.246 -4

Inspection of Services – Fixed Price 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.

8. Personnel Requirements

8.1. Qualified Personnel

The contractor shall provide qualified personnel to perform all requirements specified in this SOO. The contractor shall have qualified professionals as a part of their workforce or immediately available for consultation. Qualified personnel include but are not limited to the following professional fields of expertise:

8.1.1. Civil Engineer

8.1.2. Dam Specialist or Geotechnical Engineer

8.1.3. Mechanical Engineer

8.1.4. Electrical Engineer

8.1.5. Structural Engineer

8.1.6. Road Specialist

8.1.7. Heating Ventilation and Air Conditioning (HVAC) Specialist

8.1.8. Arborist

8.1.9. Hydrologist

8.1.10. Metallurgist

8.1.11. Mold Specialist

8.1.12. Cost Estimator

8.1.13. Insurance expert/adjuster

8.1.14. Court Reporter/Stenographer

Expert witness personnel expertise shall be demonstrated by education, experience, certification/accreditation, etc.

8.2. Continuity of Support

The contractor shall ensure that the contractually required level of support is always maintained. The contractor shall ensure that all contract support personnel are present for all hours of the workday. If for any reason the contractor staffing levels are not maintained due to vacation, leave, appointments, etc., and replacement personnel will not be provided, the contractor shall provide e-mail notification to the

Contracting Officer’s Representative (COR) prior to employee absence. Otherwise, the contractor shall provide a fully qualified replacement.

8.3. Key Personnel

Project Manager

The Contractor shall provide a Project Manager as a key person. The Project Manager shall be responsible for all Contractor work performed under the BPA. The Project Manager shall be a single point of contact for the CO and the COR. The name of the Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. During any absence of the Project Manager, only approved alternates shall have full authority to act for the Contractor on all matters relating to work performed under this BPA. The

Project Manager and all designated alternates shall be able to read, write, speak and understand English.

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

Key Personnel Description Qualifications Education Equivalency

Project

Manager

( P M )

· Accountable for all aspects of the BPA execution and manages the hands-on, day-to-day execution of BPA operational activities

· Responsible for meeting all technical, financial, and contractual requirements of the BPA and subsequent orders

· Ensures that management processes and business systems facilitate meeting performance requirements

· Primary Point-of-Contact

· Is authorized to act on all matters relating to the operations of the BPA and subsequent orders

Education: Bachelor’s degree

Experience: 10 years of management experience.

Skills: Has the communication skills to effectively interface with senior federal officials, managers, and subordinates

PMP certification or

DAWIA Level II certification as PM

Before replacing any individual designated as Key by the Government, the contractor shall notify the

Contracting Officer Representative (COR) and Contracting Officer (CO) no less than 15 calendar days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the CO. The contractor shall not replace Key contractor personnel without approval from the CO. The following Contractor personnel are designated as

Key for this requirement. Note: The Government may designate additional Contractor personnel as Key at the time of award.

Key Personnel shall be available to the COR via telephone between the hours of 8:00AM and 5:00PM EST, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 24 hours of notification.

The contractor may propose additional labor categories they deem to qualify as Key Personnel essential for accomplishing the work to be performed.

The Key Personnel and alternates must be able to read, write, speak, and understand English.

9. OPERATING CONSTRAINTS

9.1. The contractor shall provide all management, supervision, personnel, equipment, supplies, licenses, permits, certifications, materials necessary to perform the required services.

9.2. No Government property is being furnished.

9.3. Telework/virtual work is anticipated. The contractor shall ensure contractor personnel have the necessary tools to work in a virtual environment (e.g., computer/laptop, access to the internet, the ability to utilize FEMA provided Video Teleconferencing Capability (VTC)).

9.4. The Government will not provide on-site workspace for contractor personnel.

10. APPLICABLE DOCUMENTS OR REFERENCES

10.1. Section 1219 of the Disaster Recovery Reform Act of 2018 (DRRA) amended Section

423 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)

11. HOURS OF OPERATION

Contractor employees shall generally perform all work between the hours of 8:00AM and 5:00PM 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 requirements under this SOW.

12. TRAVEL

Approved travel for the expert witness associated with their work on an arbitration case will be reimbursable Federal Travel Regulations (FTR). The Contractor shall be responsible for obtaining the COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

SECTION 504 REQUIREMENTS

The Contractor/Provider shall comply fully with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities. No otherwise qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or subjected to discrimination under any program or activity for which the Contractor/Provider is awarded a contract and/or receives federal financial assistance from the

Federal Emergency Management Agency. This includes, but is not limited to, providing reasonable accommodations and modifications to ensure effective communication access, physical access, and program access to all participants, including persons with disabilities. The Contractor/Provider shall incorporate this language in any subcontracts related to the provision of the FEMA public -facing program or activity.

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.

http://www.gpo.gov/fdsys/pkg/CFR-2017-title36-

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/508-testing.

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 November

12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and

Technology Program dated November 20, 2018.

SECURITY AND PRIVACY REQUIREMENTS

All personnel require access to information up to the sensitive but unclassified, for official use only

(FOUO) levels. All individuals will be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy.

Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA Contracting Officer

Representative, before the Contractor or Subcontractor is granted access to classified or unclassified information but no later than 30 calendar days after awarded contract. All cleared contractor personnel are required to recertify Insider Threat training annually thereafter. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

The contractor shall comply with FEMA’s overarching enterprise security requirements, Information

Systems Security and DHS Homeland Security Acquisition Regulation (HSAR)

Safeguarding of Sensitive Information (MAR 2015) and Information Technology Security and Privacy

Training (MAR 2015).

To accomplish the tasks outlined in this SOO, FEMA will share with the contractor the following data elements:

• Names

• Official titles

• Email Addresses

• Phone Numbers

Authorizing Laws:

This information sharing is authorized by The Homeland Security Act of 2002, 6 U.S.C. 313, 314, 317, 320, 321a, and 711; Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42

U.S.C. 5144, 5149, 5170b, 5192, and 5197; and Routine Use F of the DHS/ALL-014 Department of

Homeland Security Personnel Contact Information, March 16, 2018, 83 FR 11780; DHS/FEMA-009 http://www.dhs.gov/508-

Hazard Mitigation Disaster Public Assistance and Disaster Loan Programs, Routine Use F;

DHS/FEMA/PIA-013 Grant Management Programs.

Prior to access of any additional PII by the contractor or dissemination of PII to the contractor, FEMA and the contractor will enter a written agreement approved by the FEMA Privacy Branch that outlines the terms of access to FEMA PII data.

Any sensitive documents, documents containing PII or SPII will be handled in accordance with FEMA

Privacy Policy.

Responsibilities - "Need-to-Know" access to PII The contractor will limit access to the PII provided by FEMA under this contract only to the contractor’s authorized personnel who need to know the information to accomplish the tasks outlined in this

BPA.

Responsibilities - Prohibition on Computer Matching The contractor shall ensure no computer matching, as that term is defined in 5 U.S.C. § 552a(o), will occur for the purpose of establishing or verifying eligibility or compliance as it relates to cash or in-kind assistance or payments under federal benefit programs.

Recipient Requirement - Return or Destruction of Data when no longer needed - General

If at any time during the term of this contract any part of FEMA PII, in any form, that the contractor obtains from FEMA ceases to be required by the contractor for the performance of the contract, or upon termination of the contract, whichever occurs first, the contractor shall, within fourteen (14) days thereafter, promptly notify FEMA and securely return PII to FEMA, or, at FEMA’s written request destroy, un-install and/or remove all copies of such

PII in the contractor’s possession or control, and certify in writing to FEMA that such tasks have been completed.

OPSEC Training

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness

Brief.

Access to the briefing can be obtained at https://securityawareness.usalearning.gov/opsec/

Insider Threat Training

Insider Threat training for Contractors can be found at:

https://securityawareness.usalearning.gov/itawareness/index.htm#

For Official Use Only (FOUO) Information

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor will:

1. Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

2. Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

3. Be aware that divulging information without proper authority could result in administrative or https://securityawareness.usalearning.gov/opsec/ https://securityawareness.usalearning.gov/itawareness/index.htm disciplinary action.

Contractors and Consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information

Non¬ Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.

Unauthorized Disclosure of Classified or Unclassified Information

Contractors and Subcontractors who are working on this contract shall receive the Unauthorized Disclosure of Classified or Unclassified Information training.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/disclosure/index.html

Release of Information

All information relating to the items to be delivered or services to be performed under this contract may not be disclosed by any means without prior approval of the Contracting Officer. Dissemination of public disclosures includes but is not limited to permitting access of such information to a foreign national or any other person or entity; and, publication of technical or scientific papers, advertisements, or any other proposed public release. The Contractor shall provide adequate physical protection to such information to preclude access by any person or entity not authorized such access by the Government.

Prohibit and Actively Prevent Adware, Spam, and Remarketing of Information

The Contractor shall not engage in nor permit its agents to push adware, software, or marketing not explicitly authorized by FEMA. The Contractor and/or their agents shall not resell nor otherwise redistribute information gained from its access to FEMA systems, applications, tools, data or information.

Background Investigations

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 National Agency Check with

Inquiries (NACI) Tier 1 and a credit check and must receive a favorable adjudication thereof from FEMA

PSD prior to performing work under this contract.

Low Risk with Information System Access

Contractor personnel occupying positions or performing functions with a Low Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background

Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk

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

High Risk

Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a Tier 4 Background Investigation (BI) and must receive a favorable adjudication thereof from

FEMA PSD prior to performing work under this contract.

Background Investigation Process

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

Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The

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

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

• the investigation was completed within the last five years,

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

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

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

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

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email 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”

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.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility.

The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

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

Continued Eligibility and Reinvestigation

Eligibility determinations based on a Low Risk (NACI w/Credit or T1), Moderate Risk (MBI or T2S or

High Risk (BI or T4) are valid for five years from the date that the investigation was completed and closed.

Contractor personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security

Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer

The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor be excluded from working on this contract. Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

Facility Access

The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification

Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing

Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times.

FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security

Officer has determined to be a potential security threat.

The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence. The Contractor must account for all forms of Government -provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

• When no longer needed for contract performance.

• Upon completion of a contractor employee’s employment.

• Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

The Contractor or contractor personnel’s failure to return all DHS- or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS or FEMA may subject the contractor personnel and the Contractor to civil and criminal liability.

SECURITY AND PRIVACY CLAUSES

Safeguarding of Sensitive Information (MAR 2015)

Applicability

This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

Definitions.

As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators

(URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of

Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information

Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII

Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland

Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand -alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration

Numbers (A- number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Ethnic or religious affiliation

(5) Sexual orientation

(6) Criminal History

(7) Medical Information

(8) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

(1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only)

Information

(2) DHS Sensitive Systems Policy Directive 4300A

(3) DHS 4300A Sensitive Systems Handbook and Attachments

(4) DHS Security Authorization Process Guide

(5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and

Security Program

(7) DHS Information Security Performance Plan (current fiscal year)

(8) DHS Privacy Incident Handling Guidance

(9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic

Modules accessible athttp://csrc.nist.gov/groups/STM/cmvp/standards.html

(10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and

Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

(11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

(1) Department of Homeland…