Terms_and_Conditions.docx

ATTACHMENT 1

TERMS AND CONDITIONS

70FB70-18-R-00000006

52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

Addendum to 52.212-4

Contract Administration: The U.S. Department of Homeland Security, Federal Emergency Management Agency will perform all contract administration. Communications pertaining to contractual administrative matters shall be addressed to the Contracting Officer (CO) listed below. Changes in, or deviations from, the terms and conditions of the contract shall not be effected without written modification to the order as executed by a FEMA Contracting Officer.

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer: Name: Isaac L. Chapple Email:Isaac.Chapple@fema.dhs.gov

Contracting Officer’s Representative/Invoicing Approval:

Name: TBD Phone:

Email:

Alternate Contracting Officer’s Representative/Invoicing Approval:

Name: TBD Phone:

Email

CONTRACTING OFFICERS REPRESENTATIVE

The Contracting Officer may designate a Contracting Officers Representative (COR) to assist in monitoring the work under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COR IS NOT authorized to change the scope of work or specifications as stated in the contract and in any Task Order, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms or conditions.

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract and any Task Orders issued. The Contracting Officer shall authorize any such revision in writing.

Invoice Procedures The contractor shall submit an invoice(s) upon delivery and acceptance of all supplies or services as specified in the Price/Cost Schedule.

Contractors shall submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA- Finance-Vendor-Payments@fema.dhs.gov, and

Contractors shall also submit an electronic pdf copy to FEMA COR or program person if a COR is not designated at their email address.

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.

Invoices shall be submitted as follows: Contractors shall use Standard Form (SF) 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 (Continuation Sheet) when requesting payment for supplies or services rendered. Both forms are located at http://www.gsa.gov/portal/forms/type/SF. Suitable self-designed forms (contractor invoice forms) may be submitted instead of the SF 1035 as long as they contain the information required.

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. The Contractor shall not be paid more frequently than on a monthly basis.

SF 1034 and 1035 instructions:

SF 1034 – Public Voucher for Purchases and Services Other than Personal

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" OR “For detail, see contractor invoice form”.

(13) 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."

(Name of Official) (Title)

(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 or contractor invoice form.

(15) SF 1035 – Continuation Sheet

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 (contractor invoice form) 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, and description. Quantity; Unit Price – insert for supply contracts.

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

ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. To receive payment, the contractor shall submit their EFT information to the Government. EFT information may be submitted by EFT form, through System for Award Management (SAM), or on invoice. Failure to provide the EFT information or failure to notify the Government of changes to this EFT information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. EFT forms may be submitted directly the FEMA Finance Center at FEMA- Finance-RecordsMaintenance@fema.dhs.gov,ortotheContractingOffice.

2. If submitting EFT information on invoice/voucher, the following EFT information should be submitted:

(a) Routing Transit Number (RTN) – The contractor shall provide the current 9-digit RTN of the payee's bank

(b) Payee's account number

(c) Contractor's Tax Identification Number (TIN)

(The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.)

If at any time during the term of this contract, the contractor changes any EFT information, (i.e. financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract, through SAM, or by submission of a new EFT form.

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.

Time of delivery:

Vessel must be Dock and Operational Oct 1, 2017

Period of Performance:

30 days with 14 day increments

52.223-5 Pollution Prevention & Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-10 Waste Reduction Program. (MAY 2011)

52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 500 C Street Washington, DC 20742

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.233-3 Protest after Award. (AUG 1996) 52.242-13 Bankruptcy. (JUL 1995) 52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996) 52.246-4 Inspection of Services - Fixed-Price. (AUG1996) 52.246-16 Responsibility for Supplies. (APR 1984) 52.247-34 F.o.b. Destination. (NOV 1991) 52.249-2 Termination for Convenience

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/.

(End of clause)

3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(2) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that (Check one):

[] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Clause)

3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. (SEP 2012)

As prescribed in (HSAR) 48 CFR 3012.301, insert the following clause:

CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS(SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

(b) Clauses.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4. [ ] (13) (Reserved) [ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C.

637(d)(2) and (3)).

[X] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9. [X] (iii) Alternate II (NOV 2016) of 52.219-9. [ ] (iv) Alternate III (NOV 2016) of 52.219-9. [ ] (v) Alternate IV (NOV 2016) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[X] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[ ] (22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15U.S.C.632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35) (Removed)

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

[] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[X](38) 52.223-11, Ozone-Depleting Substancesand High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[X] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[X] (ii) Alternate I (JAN 2017) of 52.224-3.

[ X] (48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ X] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3. [ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[X ] (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (58) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[X] (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[ ] (1) 52.222-17, Non-displacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[ ] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Non-displacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xiv) (Removed)

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xv) 52.222-60, Paycheck Transparency(Executive Order 13673) (OCT 2016)).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-8 -- Option to Extend Services.

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 business days.

(End of clause)

D – Contract Documents, Exhibits or Attachments

Specifications

E – Solicitation Provisions 52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)

Addendum 52.212-1 Instructions to Offerors

INSTRUCTIONS FOR QUOTES

All responsible sources should submit quotes to FEMA-NRCC-CAUL@fema.dhs.gov, Isaac.chapple@fema.dhs.gov and FEMA-NRCC-CAS@fema.dhs.gov by Friday, October 6, 2017, 3:00 PM EST.

Technical and/or administrative questions must be submitted in writing to FEMA-NRCC-CAUL@fema.dhs.gov, Isaac.Chapple@fema.dhs.gov and FEMA-NRCC-CAS@fema.dhs.gov no later than 3:00PM EST Friday, October 6, 2017. Individual responses will not be given. Responses to all inquiries will be published by amendment to the solicitation and posted to FedBizOpps. Inquiries and information received after the established deadline will only be answered/addressed if considered essential to the requirement and in the best interest of the Government.

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Basis for Award The Government will award contract(s) resulting from this solicitation to the responsible offeror(s) whose offer is Technically Acceptable, Lowest Price Technically Acceptable (LPTA), and meet the Terms and Conditions. Federal Emergency Management Agency (FEMA) intends to award multiple commercial, Firm Fixed Price (FFP) Purchase Orders, as needed.

(1) Technical On Technical factor: proposals must meet the following:

Technical Requirements

Contractor shall provide:

1. Commercial berthing vessel or vessels, which include either self-propelled vessels or barges, suitably classed, certified, fitted, crewed and supervised for the messing and berthing of a high number of berthing passengers (no fewer than one hundred per vessel).

2. Period of Performance shall be for a minimum period of 30 days onsite with the option for the government to exercise, at its sole discretion, multiple additional 14-day option periods.

3. Vessel must be on site at the FEMA designated port, fully operational and ready receive emergency responders on board as soon as possible after contract award.

4. Maintain vessel classification, all applicable certificates required by - USCG (or the flag state), USCG port state controls (for foreign flag vessels), applicable international maritime conventions, and any applicable US regulations; and promptly correct all deficiencies during the period of performance of this contract. This includes, but is not limited to:

a. USCG (or equivalent foreign flag sate) Certificate of Inspection

b. International Load Line Certificate

c. Safety of Life at Sea (SOLAS) Passenger Ship Certificate

d. Classification Society Class Certificates

e. Certificate of Financial Responsibility (COFR) and a Non-Tank Vessel Response Plan (NTVRP).

i. Foreign flag vessel must be able to obtain this before contract award or Notice to Proceed.

f. All officers must have current USCG or STCW required licenses, credentials and endorsements. All crew must have current USCG or STCW required credentials and endorsements.

g. All other certificates required by US regulations or international maritime conventions

h. Vessel certificates must have been issued by the flag state and/or a member of the International Association of Classification Societies (IACS).

i. If foreign flag vessel, contractor shall obtain satisfactory United States Coast Guard (USCG) port state inspection before contract award or Notice to Proceed.

5. Maintain all firefighting, lifesaving and emergency equipment in proper operating condition.

6. Adequately trained and licensed and vessel officers and crew to comply with vessel certificate requirements and provide the services listed in this Statement of Work.

a. Crew must be fully trained in Lifesaving, Firefighting, crowd control, and crisis management.

7. Messing adequate for the bed capacity of the vessel or vessels with provision for multiple meal sittings as needed. Three hot meals per day and a midnight ration for 24-hour workers is the minimum messing requirement. Vessel must arrange to provide hot dinner as late as 2030 to emergency responders who may return late to the vessel. Vessel must have capability to provide boxed lunches as required.

8. Full linen service (including towels, soaps, shampoo - like hotel) commensurate with the total bed capacity.

a. Adequate change of linen – minimum weekly

9. On board Laundry services for passengers as required.

10. Housekeeping services to ensure vessel and all areas open to passengers are maintained in a clean, sanitary condition always.

a. All messing areas, sleeping areas and entertainment areas shall be cleaned daily as a minimum.

11. Vessel must be capable of providing its own electrical power. Shore power may not be available.

12. Purchase and arrange for fuel and potable water deliveries to the vessel in quantities required.

13. Vessel must provide positive access control and track each arrival/departure of all passengers to ensure personnel accountability – so that Vessel Master/Person-In-Charge knows at all times who is on board and can ensure their safe evacuation in case of any emergencies.

14. Ensure safety of all passengers at all times.

15. Provide mandatory Vessel Safety and Familiarization Brief to all passengers within 2 hours of their first arrival on board vessel. Contractor will track this on daily basis and submit training logs to FEMA weekly.

a. The brief shall include vessel safety procedures, safety alarms, evacuation procedures, and familiarization of all vessel spaces open to passengers.

b. The brief will be designed for passengers who are totally unfamiliar with vessels and shipboard environment.

c. Contractor shall submit their Vessel Safety and Familiarization Brief for the government’s records.

16. Track berthing/messing provided on daily basis.

a. Submit daily situation reports to FEMA, with copy to MARAD, at a time to be designated by the Government.

17. Vessel Master/person-in-charge and Contractor’s representative shall attend daily coordination teleconferences with the General Agent, MARAD and FEMA – at a time to be designated by the Government.

18. Accommodation ladders/gangways must be provided, deployed with safety nets, and maintained in safe condition by the vessel.

a. Accommodation ladders/gangways shall be suitable for use by people who are unfamiliar with vessels.

b. Accommodation ladders/gangways shall be capable of being utilized safely if vessels are nested or anchored.

19. Adequate fendering - including for nested vessels, if required.

20. Solid waste removal

21. Sewage disposal and waste water disposal (see notes on port conditions below)

22. Adequate Potable water (see notes on port conditions below)

23. Baggage handling assistance, between pier or floating platform (for anchored vessels) and state room or sleeping area, to the emergency responders being provided berthing.

24. Satellite internet with unlimited local calls with a notional capacity of approximately 1500 KBS upload and 500 KBS download speed without buffering.

25. Cable TV in passenger recreation areas, messing areas. Wi-Fi accessible internet service.

26. Vessel officers, crew and contractor personnel shall not make any statements or release any documents to the press without prior approval from the FEMA Public Affairs Officer.

27. Sufficient project management to oversee the berthing, messing, linen services, laundry, housekeeping, security, safety, vessel repairs and maintenance, and all other above noted operating requirements.

Additional Requirements for Vessel(s) at St. John, USVI:

28. Maintain vessel safely at anchor.

29. Maintain all required services while vessel is at anchor.

30. Provide safe floating platform at bottom of gangway to safely embark/disembark passengers.

31. Provide regular, safe launch service of adequate capacity between St. John pier and vessel at anchor for emergency responders, government personnel, vessel needs.

a. Note the St. John pier can only accept vessels with 5’ draft.

b. Emergency responders will typically depart vessel for shore in the morning and return in the evening. Launch service must be able to accommodate varying departure and return times without unreasonable delays

Estimated port conditions:

The Government intends the Vessel to be berthed in one of the ports listed above. However, the Government may direct the vessel or require relocation of the vessel to a different port in Puerto Rico or U.S. Virgin Island.

Vessel Electrical (shore) Power --- may not be available. Local condition not known Refueling and lube oils --- Local condition not known Trash and Refuse --- Local condition not known Potable water --- Local condition not known Sanitary effluent and waste water --- Local condition not known Stores and equipment deliveries --- Local condition not known Vehicular Parking ----local condition not known Personnel / Occupants Access to the Vessel --- contractor must provide 24-hour gangway security.

Offerors must provide the following information with their proposal:

A. Technical

1. Vessel name:

2. Total Net Beds Available Capacity for passengers:

3. Earliest Date vessel can be operational in the above listed ports in PR/ USVI:

· This includes arrival and all operational functions complete to accept passengers.

· Assume contract award on October 7, 2017

· Vessel Mobilization Date - sail date from vessel's current location

· Estimated USCG Port State Inspection Completion date (for foreign flag vessels only)

· Pictures of the proposed vessels

4. Ability to provide vessel power for all vessel requirements/services: Yes/No

5. Ability to provide own bulk water while at pier: Yes/No

6. Ability to provide box/bagged lunches to boarders, in addition to other daily meals: Yes/No

7. Ability to provide daily housekeeping and cleaning services: Yes/No

8. Ability to provide laundry services to boarders: Yes/No

9. Ability to provide Heating, ventilation & Cooling in all accommodation spaces: Yes/No

10. Enclose pictures of the Vessel, inside and out

11. Vessel Owner, Vessel Operator names & POC info:

· vessel management particulars

12. Vessel particulars -Length, Beam, Depth, Draft:

· Detailed characteristics

· General Arrangement

· Berthing area details

i. Ability to separate males and female berthing areas

· Messing areas details

· Passenger entertainment/break areas) details

13. Official No.

14. Flag:

15. Classification Society / Class:

· Expiration Date:

· Attach copy of current certificate

16. Load Line Certificate:

· Expiration Date:

· Attach copy of current certificate

17. USCG (or foreign state) Certificate of Inspection

· No. of allowed passengers for berthing:

· Expiration Date:

· Attach copy of current certificate

18. If foreign flag, ability to pass USCG Port State inspection before contract award: Yes/No

19. Requirements for vessel berth:

· Required minimum water depth at berth and in navigation channel to berth

· Required minimum Pier length

• Required air clearance

20. Vessel crewing details

21. Current Vessel location:

· Address

· POC for conducting FEMA vessel inspection before award:

· Date/times available for FEMA inspection Note: Vessel must complete satisfactory on-site and offsite FEMA assessments. Off-site assessments will supplement FEMA on-site assessment efforts. All vessel and offeror’s expenses to arrange for and host any FEMA vessel inspections will be at offeror’s expense.

22. Other details/information:

B. Provide evidence to show that your company can provide the requested services (i.e. technical ability, personnel, and experience).

· Do not exceed 50 pages, including attachments and diagrams. All submissions shall be unclassified.

23. Offeror’s Concept of Operations for providing Emergency Berthing & Messing to FEMA emergency responders in accordance with the Statement of Work.

24. Offeror’s Concept of Safety/Security Procedures to ensure safety, access control, security of FEMA personnel being provided emergency berthing and messing.

25. For Vessel(s) offered for St. John, USVI only: Notional

26. Insurance Certificate

· Contractor shall add the United States of America as an additional assured, with waiver of subrogation, to its existing insurance policies for Vessel's Hull and Machinery policy (and the Increased Value policy if applicable), the Vessel's P&I entry, and any additional pollution liability coverage carried. There shall be no recourse for premiums against the Government. The contractor shall provide documentation of this coverage to the Contracting Officer prior to delivering the vessel.

C. Cost Proposal Submit all-inclusive prices for following:

27. Service at government designated service location in PR/USVI for a Base Period of 30-days (after arrival at service location).

28. Service at government designated service location in PR/USVI for Each Additional 14-day Option Period.

29. Per Diem Vessel Service Rate -for any Additional Days if required by FEMA after either the original Base Period or any awarded Option Period.

30. Mobilization/Demobilization Cost - including mobilization, vessel positioning to US PR/VI, as soon possible after contract award to any of the following ports, and demobilization cost.

i. Mayaguez, PR

ii. Ponce, PR

iii. St. Croix, USVI

iv. St. John, USVI

v. St. Thomas, USVI

(2) Non-Technical Factor:

Price. Price must be all-inclusive.

Price will be evaluated based on FAR 15.401.

52.212-3 Offeror Representations and Certifications - Commercial Items. (JAN 2017)

Offeror Representations and Certifications -- Commercial Items (Jan 2017)…