70FA6020R00000004 Final.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FEMA HQ

WASHINGTON DC 20472

500 C STREET SW

ACQUISITION MANAGEMENT

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA HQ

FEMA CODE 16. ADMINISTERED BYCODE

X

X

541990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFEMA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/22/2020 1700 ES

07/08/2020

202-322-6156Marvin Jennings (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FA6020R00000004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 61 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

3RD FLOOR

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20472

500 C STREET SW

FEDERAL EMERGENCY MANGEMENT AGENCY

FEMA

15. DELIVER TO

WASHINGTON DC

500 C STREET SW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEDERAL EMERGENCYMANAGEMENT AGENCY

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this solicitation is to acquire standard operations support services for the National Flood Insurance Program (NFIP), Federal Insurance Division (FID).

The NFIP requires services that will meet the objectives as described in the Statement of Work, Attachment 2, that aligns with FEMA's Strategic Plan, Federal Insurance Mitigation Administration’s (FIMA) guiding principles and values and the FID Strategy.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Marvin Jennings

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The period of performance shall be a Five (5) years from date of award (Base 6 month, plus four

12 month options with final 6 month option period).

0001 STANDARD OPERATIONS (FFP/LH) CLIN: Standard LH

Operations General Support

(SEE ATTACHMENT 1 PRICING SHEET)

Period of Performance: 09/21/2020 to 03/20/2021

0002 DISASTER RESPONSE (T&M) CLIN; For all disaster EA and Field Response Offices (FRO's) including

General Adjusters Labor, FRO Expenses, Disaster

Travel...

Period of Performance: 09/21/2020 to 03/20/2021

0003 OTHER DIRECT COST (ODC) /(T&M) CLIN EA

Period of Performance: 09/21/2020 to 03/20/2021

0004 NFIP OPERATIONAL EXPENSES: Claim Payments, Prior EA

Term Refunds, NFIP Legal Expenses (Letter of

Credit Operations)

Period of Performance: 09/21/2020 to 03/20/2021

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

61 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA6020R00000004

0005 TRAVEL GENERAL: For all travel (Regional support EA meetings/town halls) FFP/NTE CLIN (Cost provided in pricing spreadsheet)

Period of Performance: 09/21/2020 to 03/20/2021

0006 TRANSITION PHASE IN/OUT: FFP CLIN EA

Period of Performance: 09/21/2020 to 03/20/2021

1001 OPTION 1 STANDARD OPERATIONS (FFP/LH) CLIN: LH

Standard Operations General Support

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2021 to 03/20/2022

1002 OPTION 1 DISASTER RESPONSE (T&M) CLIN; For all EA disaster and Field Response Offices (FRO's) including General Adjusters Labor, FRO Expenses, Disaster Travel...

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2021 to 03/20/2022

1003 OPTION 1 OTHER DIRECT COST (ODC) /(T&M) CLIN EA

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2021 to 03/20/2022

1004 OPTION 1 NFIP OPERATIONAL EXPENSES: Claim EA

Payments, Prior Term Refunds, NFIP Legal Expenses

(Letter of Credit Operations)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2021 to 03/20/2022

1005 OPTION 1 TRAVEL GENERAL: For all travel (Regional EA support meetings/town halls) FFP/NTE CLIN (Cost provided in pricing spreadsheet)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2021 to 03/20/2022

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA6020R00000004

2001 OPTION 2 STANDARD OPERATIONS (FFP/LH) CLIN: LH

Standard Operations General Support

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2022 to 03/20/2023

2002 OPTION 2 DISASTER RESPONSE (T&M) CLIN; For all EA disaster and Field Response Offices (FRO's) including General Adjusters Labor, FRO Expenses, Disaster Travel...

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2022 to 03/20/2023

2003 OPTION 2 OTHER DIRECT COST (ODC) /(T&M) CLIN EA

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2022 to 03/20/2023

2004 OPTION 2 NFIP OPERATIONAL EXPENSES: Claim EA

Payments, Prior Term Refunds, NFIP Legal Expenses

(Letter of Credit Operations)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2022 to 03/20/2023

2005 OPTION 2 TRAVEL GENERAL: For all travel (Regional EA support meetings/town halls) FFP/NTE CLIN (Cost provided in pricing spreadsheet)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2022 to 03/20/2023

3001 OPTION 3 STANDARD OPERATIONS (FFP/LH) CLIN: LH

Standard Operations General Support

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2023 to 03/20/2024

3002 OPTION 3 DISASTER RESPONSE (T&M) CLIN; For all EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA6020R00000004

disaster and Field Response Offices (FRO's) including General Adjusters Labor, FRO Expenses, Disaster Travel...

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2023 to 03/20/2024

3003 OPTION 3 OTHER DIRECT COST (ODC) /(T&M) CLIN EA

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2023 to 03/20/2024

3004 OPTION 3 NFIP OPERATIONAL EXPENSES: Claim EA

Payments, Prior Term Refunds, NFIP Legal Expenses

(Letter of Credit Operations)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2023 to 03/20/2024

3005 OPTION 3 TRAVEL GENERAL: For all travel (Regional EA support meetings/town halls) FFP/NTE CLIN (Cost provided in pricing spreadsheet)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2023 to 03/20/2024

4001 OPTION 4 STANDARD OPERATIONS (FFP/LH) CLIN: LH

Standard Operations General Support

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2024 to 03/20/2025

4002 OPTION 4 DISASTER RESPONSE (T&M) CLIN; For all EA disaster and Field Response Offices (FRO's) including General Adjusters Labor, FRO Expenses, Disaster Travel...

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2024 to 03/20/2025

4003 OPTION 4 OTHER DIRECT COST (ODC) /(T&M) CLIN EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA6020R00000004

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2024 to 03/20/2025

4004 OPTION 4 NFIP OPERATIONAL EXPENSES: Claim EA

Payments, Prior Term Refunds, NFIP Legal Expenses

(Letter of Credit Operations)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2024 to 03/20/2025

4005 OPTION 4 TRAVEL GENERAL: For all travel (Regional EA support meetings/town halls) FFP/NTE CLIN (Cost provided in pricing spreadsheet)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2024 to 03/20/2025

5001 OPTION 5 STANDARD OPERATIONS (FFP/LH) CLIN: LH

Standard Operations General Support

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2025 to 09/20/2025

5002 OPTION 5 DISASTER RESPONSE (T&M) CLIN; For all EA disaster and Field Response Offices (FRO's) including General Adjusters Labor, FRO Expenses, Disaster Travel...

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2025 to 09/20/2025

5003 OPTION 5 OTHER DIRECT COST (ODC) /(T&M) CLIN EA

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2025 to 09/20/2025

5004 OPTION 5 NFIP OPERATIONAL EXPENSES: Claim EA

Payments, Prior Term Refunds, NFIP Legal Expenses

(Letter of Credit Operations)

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA6020R00000004

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2025 to 09/20/2025

5005 OPTION 5 TRAVEL GENERAL: For all travel (Regional EA support meetings/town halls) FFP/NTE CLIN (Cost provided in pricing spreadsheet)

(Option Line Item)

Date Option to be Exercised 0 Days After Award

Period of Performance: 03/21/2025 to 09/20/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

TABLES OF CONTENTS

Section A – SF1449

Section B – Terms & Conditions

Section C –Clauses

Section D – Contract Documents/Exhibits/Attachments

Section E – Solicitation Provisions

SECTION B – TERMS, CONDITIONS/CONTRACT ADMINISTRATION

B.1 ITEMS TO BE ACQUIRED

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Federal

Insurance Division (FID) National Flood Insurance Program (NFIP) requires support from a contractor for

NFIP Standard Operations Contract (SOC), to provide standard insurance operations support – including insurance subject matter expertise and standard business operations. The SOC will serve as a source of information and will support the NFIP WYO insurance companies and the NFIP Direct Servicing Agent

(DSA). Task performance will include Project Management, Underwriting Support, Claims Support, Flood

Disaster Response Support, Correspondence Support, Field Office Support, Publication and Document

Assistance, Program Support and Reporting and other support services. Should a flooding disaster or severe flooding event occur, SOC must set-up and operate one or more Flood Response Offices (FRO), to promote and assist WYO companies and DSA to cover issues and other services to adjudicate and settle

NFIP Claims.

The Contractor shall provide technical support for each of the below tasks in accordance with the attached Statement of Work, Attachment 2.

Part A: Standard Operations

Task 1 - Quality

Task 2 – Communication to NFIP Policyholders

Task 3 – Records Management

Task 4 – Meeting Support

Task 5 – Underwriting Support

Task 6 – Policy Appeal

Task 7 – Claims Operational Support

Task 8 – Program Audit

Task 9 – Regional Support

Task 10 - NFIP Program Guidance

Task 11 – Industry Management Support

Task 12 – Correspondent Support

Task 13 - Reporting Requirement

Task 14 – Information Request

Task 15 – Policy Analysis and Program Enhancements

Part B: Disaster Support

Task 1 - Claims Activities

Task 2 - Random Claims Quality Check

Task 3 - Adjusting Services

Task 4 - Flood Adjuster Registration Management

Task 5 - Flood Response Offices

Part C: Transition

Task 1 – Transition In

Task 2 – Transition Out

B.2 PRICE SCHEDULE

Attachment (to be inserted at time of award) sets forth the fixed rates to be utilized for the pricing of all task orders (regardless of type) under this contract.

B.3 MINIMUM AND MAXIMUM QUANTITIES FOR SINGLE AWARD CONTRACTS

The guaranteed contract minimum is $2,500.00. The contract ceiling amount is

$99,000,000.00.

B.4 CONTRACT TYPE

The Department of Homeland Security (DHS) - Federal Emergency Management Agency (FEMA) intends to award a single award Indefinite Delivery-Indefinite Quantity (IDIQ) contract. Task orders will be Firm-

Fixed-Price (FFP) or Time and Materials T&M.

B.5 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer:

Name: Marvin R. Jennings, Contracting Officer

Phone: 202-322-6156

Email: Marvin.r.jennings@fema.dhs.gov

Contracting Specialist:

Name: TBD, Contracting Specialist

Phone:

Email:

Contracting Officer Representative:

Name: To Be Determined at time of Award

Phone:

Email:

B.6 PERIOD OF PERFORMANCE

The contract shall be effective as of the execution date and shall continue for a period of five (5) years with one six (6) month base period plus four (4) one-year option with a final six (6) month option period, except that delivery orders placed prior to the expiration date shall remain in full force and effect until deliveries have been completed and payments, therefore, have been made.

mailto:Marvin.r.jennings@fema.dhs.gov

1. Base Period: 6 Months from date of award

2. Option Period 1: 12 Months

3. Option Period 2: 12 Months

4. Option Period 3: 12 Months

5. Option Period 4: 12 Months

6. Option Period 5: 6 Months

B.7 PLACE OF PERFORMANCE

The primary place of performance will be at the Contractor’s own facility. However, the place of performance can be determined at the task order level as well. There will be instances where the

Contractors are required to be at FEMA Headquarters (meetings, workshops, etc.). The Contractor will be required to attend frequent meetings and planning sessions for coordination and planning purposes at:

Federal Emergency Management Agency Headquarters

Office of Response and Recovery

Doctrine and Policy Office 500 C Street SW

Washington DC 20472

B.8 BILLING INSTRUCTIONS

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.

B.9 INVOICE INSTRUCTIONS

The contractor shall submit a monthly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. Invoices shall be submitted as follows:

http://www.gsa.gov/portal/forms/type/SF mailto:Finance-Vendor-Payments@fema.dhs.gov

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.)

(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.”

B.10 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.

TBD

B.11 PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work governed under a particular task order. This includes any services performed by the contractor of their own volition or at the request of an individual other than an authorized government personnel.

B.12 TASK ORDERS

All task orders will be initiated by the Contracting Officer via a request for task order proposals with specific information and instructions for supplies required. The Contractor will be required to perform the services in accordance with issued task orders. The task order proposal request is not a commitment that the FEMA will issue a task order, nor will any Contractor incurred proposal cost become reimbursable. In addition, the Contractor shall not initiate any performance efforts until a written task order has been signed and issued by the Contracting Officer or issued orally by the Contracting Officer.

The Government anticipates issuing the base task order award subsequent to the offeror’s proposal response to the subject solicitation.

B.13 TASK ORDER PROCEDURES

The Government (CO/CS) will issue task order proposal requests with documents and information to include (but not limited to): the statement of work, pricing schedule, period of performance, and place of performance. The contractor must submit its technical and price proposals to CO and CS only. The government will evaluate both the technical and price proposals for contract award and issue Task

Order. Pricing will be evaluated at the task order level based on unit pricing and task order requirements.

B.14 TASK ORDER ISSUANCE

A Task Order may be issued without negotiations based on acceptability of the Task Order Proposal. If negotiations are required, the Contract Specialist will arrange a meeting or a conference call among the appropriate Government and Contractor personnel. The Government may request submission of a

Revised Proposal and/or Final Work Plan, if required. If an agreement cannot be reached on any aspect of the delivery, the Government has the right to unilaterally issue the Task Order, and the Contractor is required to perform; however, while performance is taking place, the Contractor has the right to pursue applicable remedies under the Disputes clause of the Contract.

Upon signature by the Contracting Officer, each Task Order is considered fully executed, binding and ready for implementation. Each Task Order will be forwarded promptly to the Contractor and shall conform to all terms and conditions of the contract. Orders may be issued electronically.

B.15 MODIFICATIONS

Under this contract, and subsequent Task Orders, the Contracting Officer is the only Government official authorized to make changes via a Standard Form 30. Only a duly appointed FEMA Contracting Officer is authorized to change the specifications, terms, and conditions of this contract and subsequent task order(s).

B.16 PACKAGING AND MARKING

A project execution plan will be required for all assignment and other specific deliverable descriptions and due dates will be detailed in each task order.

Unless otherwise specified, the Contractor must be able to provide written documents in electronic (i.e., source and pdf formats). Electronic copies provided must be compatible with Microsoft Project, Word, Excel, Access, PowerPoint, or other (FEMA, ORR) Microsoft Office software applications. The Contractor must be able to accept and send document files electronically.

For deliverables, the Contractor shall ensure that all reports are written in clear, concise English without typographical or grammatical errors. The Contractor shall meet all of the report writing guidelines in the United States Government Printing Office Style Manual and the Department of Homeland Security Guidelines.

Any and all electronic and information technology (EIT) procured through this effort must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at: http://www.section508.gov .

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 CO. Dissemination of public disclosures includes but is not limited to: permitting access of such information by foreign national or by any other person, entity, and publication of technical or scientific papers, advertising, or any other proposed public release. The Contractor shall provide adequate physical protection to such information so as to preclude access by any person or entity not authorized such access by the Government.

B.17 Section 508 Compliance

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-

220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities.

Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

Section 508 Applicable EIT Accessibility Standards

a. 36 CFR 1194.21 Software Applications and Operating Systems applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications http://www.section508.gov/ when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

b. 36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non- static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous JavaScript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria.

c. 36 CFR 1194.24 Video and Multimedia Products applies to all video and multimedia products that are procured or developed under this work statement. Any video or multimedia presentation shall also comply with the software standards (1194.21) when the presentation is through the use of a Web or Software application interface having user controls available.

d. 36 CFR 1194.25 Self Contained, Closed Products, applies to all EIT products such as printers, copiers, fax machines, kiosks, etc. that are procured or developed under this work statement.

e. 36 CFR 1194.31 Functional Performance Criteria applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

f. 36 CFR 1194.41 Information Documentation and Support applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web- based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY.

Section 508 Applicable Exceptions

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 COTR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology

(OAST) in accordance with DHS MD 4010.2.

All delivery’s for testing of functional and/or technical requirements must include specific testing for Section 508 compliance and must use DHS Office of Accessible Systems and Technology approved testing methods and tools. For information about approved testing methods and tools send an email to accessibility@dhs.gov.

SECTION C – CONTRACT CLAUSES

C.1 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018) Alternate I (JAN 2017)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

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(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) “Direct materials” means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) “Hourly rate” means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

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(iii) “Materials” means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate:

[None]; and

(E) Indirect costs specifically provided for in this clause.

(iv) “Subcontract” means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii)Invoice date and number;

(iii)Contract number, line item number and, if applicable, the order number;

(iv)Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii)Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

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(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

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(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Each order must list separately the elements of other direct charge(s) for that order

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: Each order must list separately the fixed amount for the indirect costs and payment schedule

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

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(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments.Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check.

If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor…