70FA5019R00000006__-_(Amendment_3).docx

70FA5019R00000006 Section M

1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

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

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in Until 6:00 PM 5/3/2019 CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXT.

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTR., CONDS., AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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

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

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

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

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

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

DUNS:

DUNS+4:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

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

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

CODE

PHONE:

FAX:

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

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

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33

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

SOLICITATION, OFFER AND AWARD

SOLICITATION

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

XXXX

N/A 112 X

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER

ATTN: CIELO A. IBARRA 540-542-2307

19844 BLUE RIDGE MOUNTAIN ROAD

MT WEATHER, VA 20135-2006

Cielo A. Ibarra Cielo.Ibarra@fema.dhs.gov

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA Finance Center

ATTN: VENDOR PAYMENTS, 540-504-1899

P.O. Box 9001 Winchester VA 22604

MATTHEW RAIBLE

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 NOTICE OF HYBRID CONTRACT

This is an Indefinite Delivery/ Indefinite Quantity contract allowing for Firm Fixed Price and Time and Materials task orders.

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

$ = applicable to Fixed-Price line items only.

& = applicable to Time-and-Material/Labor-Hour line items only.

PART I - THE SCHEDULE

B.2 IDIQ Labor Categories

Please complete the following tables with your firm’s appropriate labor categories. Use labor categories appropriate that will be needed to perform the work as described in the SOW. Technical Proposal labor descriptions including functional responsibilities and minimum education and experience levels will be incorporated into the contract. Proposed labor rates shall be fully burdened inclusive of all direct costs and profits. Tables may be expanded to include all labor categories that may be tasked during this contract.

IDIQ Contract - Base Year Labor Category

Contractor Off-Site T&M Hourly Rate Government On-Site T&M Hourly Rate

IDIQ Contract – Optional Period One Labor Category

Contractor Off-Site T&M Hourly Rate Government

IDIQ Contract – Optional Period Two Labor Category

Contractor Off-Site T&M Hourly Rate Government

IDIQ Contract – Optional Period Three Labor Category

Contractor Off-Site T&M Hourly Rate Government

IDIQ Contract – Optional Period Four Labor Category

Contractor Off-Site T&M Hourly Rate Government

B.3 MINIMUM AND MAXIMUM AMOUNTS

(a) During the Base Period, the Government shall place orders totaling a minimum of $10,000 for this contract.

(b) The maximum that than can be ordered during the Period of Performance of this contract is $9,912,250.00

(c) The Contracting Officer will follow the Task Order procedures set forth in Section G.4 TASK ORDER PROCEDURES.

B.4 TRAVEL AND ODCs

Travel and ODCs will be incurred and charged on a cost reimbursable basis.

70FA5019R00000006 Section B

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SEE ATTACHMENT A “STATEMENT OF WORK”

[For this Solicitation, there are NO clauses in this Section]

70FA5019R00000006 Section C

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 70FA5019R00000006 Section D

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE OF HYBRID CONTRACT

This is an Indefinite Delivery/Indefinite Quantity contract with Fixed Price and Time and Materials task orders.

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

$ = applicable to Fixed-Price line items only.

& = applicable to Time-and-Material/Labor-Hour line items only.

E.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

E.3 INSPECTION AND ACCEPTANCE

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

Acceptance: Same as above

E.4 PERFORMANCE EVALUATION

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work performed or being performed at the location at which it is being performed.

If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide and shall require the Subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives shall be performed in such a manner as will not unduly delay work. The Government will endeavor to conduct all audits, inspections and evaluations in accordance with the highest levels of established professional auditing practices and standards. If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be discussed with Government prior to implementation. The Government representative are extended to include agents i.e., auditors, and/or other contractors.

70FA5019R00000006 Section E

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE OF HYBRID CONTRACT

This is an Indefinite Delivery/Indefinite Quantity contract with Fixed Price and Time and Materials task orders.

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

$ = applicable to Fixed-Price line items only.

& = applicable to Time-and-Material/Labor-Hour line items

F.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

$ 52.242-15 STOP-WORK ORDER AUG 1989

F.3 ORDERING PERIOD

The ordering period for this contract shall be from the effective date of the contract through five (5) years (inclusive of options). The period of performance for task orders shall not extend beyond one (1) year from the last day of the ordering period of the contract.

F.4 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at the contractor’s facility and at:

Department of Homeland Security/FEMA Chemical Biological Radiological Nuclear (CBRN) Branch 500 C Street SW Washington, DC 20472

F.5 NOTICE OF DELAY

If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than forty-five (45) days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer. When notice is so required, the Contracting Officer may extend the time specified in the schedule for such period as deemed advisable.

F.6 DELIVERY SCHEDULE

All services under this contract shall be delivered in accordance with the terms and conditions set forth in this contract and/or as contained in properly executed task orders pursuant to the provisions of this contract. Types of services required along with specific delivery/performance parameters, milestones, invoicing schedules, dates, and locations will be specified in each Task Order.

F.7 REPORTS OF WORK

Task Orders issued against the IDIQ contract could result in any of the following deliverables. This list is not all-inclusive, but it is representative of the deliverables that could be produced under the resulting contract:

1.0 Monthly Progress Reports

The contractor will submit a Monthly Progress Report by the 21st of each month following the monthly reporting period. The suspense date of the report will be the same as those used for invoicing by the primary contractor.

Any and all subcontractor/consultant data will be current through the “as of” date of the report.

The report will be unclassified. E-mail submission is encouraged. The specific format will be approved by the Contracting Officers Representative (COR) and the Contracting Officer (CO). The following information will be provided as a minimum:

1.1 Task Order Reporting Requirements

(a) Technical data

1. Discuss efforts performed during the reporting period.

2. Discuss the status of any assigned deliverables. This will include the Contract Data Requirements List (CDRL) reference, deliverable title, date due and date delivered.

3. Identify any problems encountered (technical/schedule/cost) and resolutions.

4. Specifically note if there are any unresolved problems/issues at the end of the reporting period.

5. The final report for each contract period will include a cumulative list of all deliverable items provided. Detail will be the same as that provided in monthly reports.

(b) Expenditure data

1. Provide current and cumulative expenditures of both hours and dollars; illustrate expenditures separately by Task Order and the amount funded as well as compute a funding balance.

2. Provide line graphs illustrating expenditures of both hours and dollars. These graphs will demonstrate planned expenditures as well as funding levels.

3. Provide the names of all personnel charging to the Task Order. Organize the data by contract labor category and illustrate both current and cumulative hours charged for each person. Reveal separate uncompensated hours and total time to account for hours worked (if applicable).

4. Total expenditures will be compared to those invoiced for the same period and differences explained.

The above detail information will be provided for current contract period Task Orders only. Information required by paragraph 1.1 above will also be provided for each previous Task Order so as to provide a summary for the Task Order.

Distribution requirements: The report will be distributed as indicated on individual Task Orders.

2.0 Annual Plan of Action and Milestones (POA&M and Staffing Plan)

The contractor will develop a POA&M for each work area within the Statement of Work (SOW) and/or as identified by the Task Order. The SOW area is defined as the level of task identified in the SOW/Task Order. The POA&M is due within twenty-one (21) calendar days after the Task Order award, Exercise of Option, Technical Instruction Issuance, and/or Modification to the Technical Instruction or the Task Order which affect the Level of Effort or dollar ceilings. While contractor format is acceptable, with the Task Order Monitors (TOMs) and Contracting Officer’s, the following information, as a minimum, will appear in each POA&M.

2.1 Task Order Statement of Work

(a) Date POA&M prepared (and revision number if applicable)

(b) Work Area

(c) POA&M applicable period of performance

(d) Work summary to include a listing of planned deliverables

(e) Estimated Man-Years required for the period to include subcontractors

(f) Names of personnel to be assigned and estimated Level of Effort stated in terms of man-years.

3.0 In Progress Reviews (IPR)

The contractor will participate in both formal and informal IPRs of work being performed. Formal reviews will be scheduled by the Government and will be conducted in Governmental spaces. At the time the review is scheduled, the Government will communicate the specific purpose of the review and advise the contractor as to the desired content of the presentation. The contractor will provide copies of slides presented to all attendees. An initial IPR will be conducted within sixty (60) days of the Task Order award date and will follow an agenda agreed to by the TOM. Subsequent IPRs will be conducted approximately every ninety (90) days thereafter unless waived by the Government.

4.0 Task Prioritization Meetings

The contractor will participate in periodic Task Prioritization Meetings with individual Task Area Points of Contact (POC). The purpose of these meetings is to convey the Government’s technical program schedules and priorities and to identify corresponding task priorities for this order. The TOM and/or the Alternate TOM (A-TOM) may attend these meetings. Results of these meetings will be included in the Monthly Progress Report.

70FA5019R00000006 Section F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 NOTICE OF HYBRID CONTRACT

This is an Indefinite Delivery/Indefinite Quantity contract with Fixed Price and Time and Materials task orders.

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

& = applicable to Time-and-Material/Labor-Hour line items

G.2 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: TBD AT TIME OF AWARD

Phone:

Fax:

Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract:

Name: TBD AT TIME OF AWARD

Phone:

Fax:

Alternate Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract:

Name: TBD AT TIME OF AWARD

Phone:

Fax:

G.3 ORDERING—BY DESIGNATED CONTRACTING OFFICIALS

(a) The Government will order any supplies and services to be furnished under this contract by issuing Task Orders on Optional Form 347, or an agency prescribed form, from the effective date of the contract through the expiration date of the contract. Task Orders will only be issued by a Contracting Officer.

(b) A Standard Form 30 will be the method of modifying Task Orders.

(c) Each T&M type Task Order will have a ceiling price, which the Contractor may not exceed. For Time and Materials type tasks orders: when the Contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next (30) days, will bring the total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative (COR) in writing.

(d) The Government may also place Firm Fixed Price Task Orders, when possible. Firm Fixed Task Orders will be utilized when the task order requirement can be defined.

G.4 TASK ORDER PROCEDURES

(a) One or more Task Orders (TOs) will be issued during the performance of this contract.

(b) TASK ORDER SUBMISSION PROCESS

(1) The proposal request will include a Statement of Work (SOW) that includes a detailed description of work to be accomplished, a listing of the deliverables, and additional information as appropriate. The cielo request will also include specific instructions for the submission of proposals, the Task Order type (Time & Materials or Firm Fixed Price).

(2) The awardee will generally be allowed between 7 and 14 calendar days to prepare and submit proposal. However, more or less time may be necessary, based on the requirements. The due date shall be set forth in each Task Order proposal request.

(3) Bid and proposal (B&P) Costs B&P costs of preparing a Task Order proposal will not be reimbursed as a direct cost to this contract.

(4) Technical Proposals Written technical proposal requirements may include the following information:

Technical Approach Personnel Quantities/Hours of personnel by labor category Other Direct Costs Risks Schedule Teaming Arrangements, if applicable

The technical proposal information should be brief, i.e., 3-5 pages stating compliance or exception to TO requirements, risks, assumptions, and conflict of interest issues. Proposals shall not merely restate Task Order SOW requirements.

(5) Price Proposals A written price proposal will be required for each Task Order. This part of the proposal shall include detailed pricing amounts for all resources required to accomplish the task (labor, travel, etc.). As a minimum, the following data will be provided:

(i) Identify labor categories in accordance with the Section B – Schedule and the number of hours required for performance of the task.

(ii) Other Relevant Information: This information shall be in writing and shall address other relevant information, as required by the contract or requested by the TO proposal request.

(c) Unauthorized Work The Contractor is not authorized to commence task performance prior to issuance of a signed Task Order.

(d) Task Funding Restriction No unfunded tasks are permitted.

(e) Task Order Issuance Task Orders may be distributed issued by electronic mail.

G.5 BILLING INSTRUCTIONS (JUN 2014)

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

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-Finance-Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

G.6 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

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

G.7 INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice Approver

Name: TBD at time of award Title: TBD Phone: TBD Email: TBD

G.8 INVOICE INSTRUCTIONS (JUN 2014)

Invoices shall be submitted as follows:

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

SF 1034 and 1035 instructions:

SF 1034--Fixed Price

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

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

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

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

(4) Requisition Number and Date - leave blank.

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

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

(7) Discount Terms - enter terms of discount, if applicable.

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

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

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

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

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

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

(13) Quantity; Unit Price - insert for supply contracts.

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

INVOICE PREPARATION INSTRUCTIONS SF 1035

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

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

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

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

Schedule Number - leave blank.

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

Number and Date of Order - insert payee's name and address as in the Standard Form 1034.

Articles or Services - insert the contract number as in the Standard Form 1034.

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

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

G.9 INVOICE INSTRUCTIONS FOR PROVISIONAL INVOICES UNDER FLEXIBLY PRICED CONTRACTS (JUN 2014)

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other than Personal) and the Standard Form 1035 Continuation Sheet. The voucher must include a statement of cost and supporting documentation for services rendered. This statement should include, as a minimum, a breakout by cost or price element of all services actually provided by the Contractor, both for the current billing period and cumulatively for the entire contract.

(1) Statement of Cost: The following instructions are provided for use by the Contractor in the preparation and submission of the Statement of Cost:

(i) Statement of Cost must be completed in accordance with the Contractor's cost accounting system.

(ii) Costs claimed must be only those recorded costs authorized for billing by the payment provisions of the contract.

(iii) Indirect costs claimed must reflect the rates approved for provisional billing purposes by the Contracting Officer in accordance with FAR Part 42.7.

(iv) The total fee billed, retainage amount, and available fee must be shown.

(vi) The Contractor must prepare a Statement of Cost for each Contract Line Item (CLIN) and a summary for the total invoiced cost.

(2) Supporting Documentation

Direct costs (e.g., labor, equipment, travel, supplies, etc.) claimed for reimbursement on the Statement of Cost must be adequately supported. The level of detail provided must clearly indicate where the funds were expended. For example, support for T&M labor costs must include the labor category (e.g., program manager, senior engineer, technician, etc.) the hourly rate, the labor cost per category, and any claimed overtime; equipment costs must be supported by a list of the equipment purchased, along with the item's cost; supporting data for travel must include the destination of the trip, number and labor category of travelers, transportation costs, per diem costs, and purpose of the trip; and supplies should be categorized by the nature of the items (e.g., office, lab, computer, etc.) and the dollar amount per category.

Indirect rates used for billings must be clearly indicated, as well as their basis of application. When the cognizant Contracting Officer approves a change in the billing rates, include a copy of the approval.

All claimed subcontractor costs must be supported by submitting the same detail as outlined herein.

Payments of invoices or vouchers shall be subject to the withholding provisions (if any) of the contract. In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.

SF 1034 and 1035 instructions:

SF 1034 - Provisional/Interim Payment instructions

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

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

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

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

(4) Requisition Number and Date - leave blank.

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

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

(7) Discount Terms - enter terms of discount, if applicable.

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

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

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

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of incurrence of costs claimed for reimbursement. Adjustments to costs for prior periods should identify the period applicable to their incurrence, e.g., revised provisional or final indirect cost rates, award fee, etc.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type "COST REIMBURSABLE-PROVISIONAL PAYMENT" or "INDEFINITE QUANTITY/INDEFINITE DELIVERY-PROVISIONAL PAYMENT" on the Interim public vouchers. Type "COST REIMBURSABLE-COMPLETION VOUCHER" or "INDEFINITE QUANTITY/INDEFINITE DELIVERY-COMPLETION VOUCHER" on the Completion public voucher. Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.

(13) Quantity; Unit Price - insert for supply contracts.

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

INVOICE PREPARATION INSTRUCTIONS SF 1035

The SF 1035 will be used for additional information required by the Contracting Officer and should be submitted as a continuation sheet to the SF 1034. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required. The information required on the SF 1035 may differ in format and content depending on the type of cost reimbursable contract (cost plus fixed fee, cost plus incentive fee, time and materials, etc.)

Amounts claimed on vouchers must be based on records maintained by the contractor to show by major cost element the amounts claimed for reimbursement for each applicable contract. The records must be maintained based on the contractor's fiscal year and should include reconciliations of any differences between the costs incurred per books and amounts claimed for reimbursement.

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

a. Show, as applicable, the target or estimated costs, target or fixed-fee, and total contract value, as adjusted by any modifications to the contract or order. The FAR permits the contracting officer to withhold a percentage of fixed fee until a reserve is set aside in an amount that is considered necessary to protect the Government's interest.

b. Each invoice or voucher for reimbursement shall include sufficient detail to identify costs properly chargeable to the contract. In addition, each invoice or voucher for reimbursement of costs shall detail the total vouchered charges by showing current and cumulative costs by cost element as follows:

(1) Direct Labor. For cost type contracts, list each total labor costs by indirect allocation base separately. For T&M contracts, list each labor category, rate per labor hour, hours worked, and extended total labor dollars per labor category.

(2) Premium Pay/Overtime. List each labor category, rate per labor hour, hours worked, and the extended total labor dollars per labor category. Note: Advance written authorization must be received from the contracting officer to work overtime or to pay premium rates; therefore, identify the contracting officer's written authorization to the contractor.

(3) Fringe Benefits. If fringe benefits are included in the overhead pool, no entry is required. If the contract allows for a separate fringe benefit pool, cite the rate, base, and extended amount.

(4) Materials, Supplies, Equipment. Show those items normally treated as direct costs. Expendable items need not be itemized and may be grouped into major classifications such as office supplies. However, items valued at $5,000 or more must be itemized. See (FAR) 48 CFR part 45, Government Property, for reporting of property.

(5) Travel. List the name and title of traveler, place of travel, and travel dates. Show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. Travel costs for consultants must be shown separately and also supported.

(6) Other Direct Costs. Itemize those costs that cannot be placed in categories (1) through (5) above. Categorize these costs to the extent possible.

(7) Total Direct Costs. Cite the sum of categories (1) through (6) above.

(8) Overhead. Cite the rate, base, and extended amount.

(9) G&A Expense. Cite the rate, base, and extended amount.

(10) Total Costs. Cite the sum of categories (7) through (9) above.

(11) Fee. Cite the rate, base, and extended amount.

(12) Total Cost and Fee Claimed. Enter this amount on the SF 1034.

G.10 TRAVEL

The Contractor may be required to travel within the Washington, DC Metropolitan area or to other FEMA Component locations within a fifty-mile (50) radius. Travel outside the local commuting area is not anticipated, and FEMA will not reimburse the Contractor for travel within the local commuting area (fifty-mile (50) radius). Should travel outside the local commuting area be required, it must be authorized in advance by written approval (e-mail is acceptable) by the designated COR. Travel not receiving advanced written approval (e-mail is acceptable), by the designated COR, will not be reimbursed by the government. The written request shall be sent to the COR well in advance of any anticipated travel in order to allow sufficient time for notification and approval. Contractor travel expenses will be reimbursed in accordance with the allowable travel costs specified in the Federal Travel Regulations. The following information shall be provided in the request:

a) Name of the individual(s) who will be traveling;

b) Inclusive dates and location(s) of proposed travel;

c) Purpose of trip and program being supported; and

d) Cost breakdown.

G.11 TECHNICAL DIRECTION

(a) Statement of Work under this contract shall be subject to the surveillance and written technical direction of the Contracting Officer's Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in Section C of this contract.

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

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

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

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

(4) Interferes with the Contractor right to perform the specifications of the contract.

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

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (4) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor Letter that:

(1) The technical direction is rescinded in its entirety

(2) The technical direction is within the scope of the contract, does not constitute a change under FAR clause 52.243-7 of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause (see FAR 52.233-1) of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor risk.

G.12 EVALUATION OF CONTRACTOR PERFORMANCE (Service) (Jan 2000)

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

70FA5019R00000006 Section G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE OF HYBRID CONTRACT

This is an Indefinite Delivery/Indefinite Quantity contract with Fixed Price and Time and Materials task orders.

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

& = applicable to Time-and-Material/Labor-Hour line items

H.2 GOVERNMENT CONTRACTOR RELATIONS – NON-PERSONAL SERVICES

The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the government to afford both parties a full understanding of their respective obligations.

(a) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other FEMA contracts, or become a part of the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

(b) Employee relationship.

(1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor’s personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulations, directives, and requirements that are issued by DHS/FEMA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(c) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this contract are not subject to Federal income tax withholdings.

(2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits by virtue of this contract.

(4) The Contractor is not entitled to workman’s compensation benefits by virtue of this contract.

(5) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.

(d) Notice. It is the Contractor’s, as well as, the Government’s responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause been or may be violated.

(1) The Contractor should notify the Contracting Officer in writing promptly, within five (5) calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimized cost, delay or disruption of performance.

(2) The Contracting Officer will promptly, within ten (10) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either: (i) Confirm that the conduct is in violation and when necessary direct the mode of further performance, (ii) Countermand any communication regarded as a violation, (iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further…