00004 70FA6024R00000002 Question Responses 03.01.24.pdf

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National Flood Insurance Program (NFIP) - Direct
Solicitation number
70FA6024R00000002
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This file provides details on a solicitation for the National Flood Insurance Program (NFIP) Direct Contractor support services. The selected contractor must provide all necessary management, operation, maintenance, and quality assurance for flood insurance policy administration on behalf of the NFIP. Specifically, the contractor will be responsible for processing at least 550,000 of the 5,100,000 active flood insurance policies nationwide. The contractor must also be well-versed in FEMA disaster survivor programs to facilitate seamless services. The solicitation is being conducted by the Federal Emergency Management Agency.

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Q&A# Question Solicitation Document & Page # Solicitation Paragraph # Response

In a commercial item procurement, the standard data rights clauses provide that the applicable terms are those used by the vendor in its standard licensing agreements. See FAR 52.227-19. Here, the solicitation contemplates the delivery of a commercial software solution. Given this, can FEMA please explain why any of the computer software under this contract would be delivered to FEMA subject to other than restricted rights? RFP p.26-34, p.34-41, p.94-96

RFP - C.3 52.212-4

Contract Terms and Conditions—Commercial Products and Commercial Services;

RFP - C.4 52.212-5

Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services;

RFP - E10. Proposal Instructions, Evaluation and Basis for Award, FAR 52.212-2, Evaluation - Commercial Items, entire section

FEMA is not requiring the delivery of computer software. FEMA is requiring acknowledgement that FEMA owns the data to be used in the system.

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