2.2.1 70FB7024R00000006 Plastic Sheeting Request for Proposal Final.pdf
PDF 678 KB Posted
- Attached to
- Plastic Sheeting Federal contract opportunity
- Solicitation number
- 70FB7024R00000006
- Issued by
- Federal Emergency Management Agency
About this file
This document is a Request for Proposal (RFP) for a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract to support the Federal Emergency Management Agency (FEMA) by delivering plastic sheeting. The RFP outlines the requirements for steady state and emergency response/surge operations to deliver plastic sheeting to various locations within the Continental United States (CONUS) and Outside the Continental United States (OCONUS). Key details include:
The contract term consists of a one-year base period and four one-year option periods. Offers are due on June 28, 2024, with a contract award anticipated in September 2024. The solicitation is structured in two phases - Phase I evaluates test certifications on a pass/fail basis, and Phase II evaluates factors such as production and delivery approach, technical approach, past performance, and price. The estimated contract ceiling is $167,255,882.17, with a guaranteed minimum of $3,000 per contract. Delivery order proposals will follow fair opportunity ordering procedures. The contract includes Federal Acquisition Regulation (FAR) clauses related to commercial item acquisitions.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| RFP 70FB7024R00000006_00001 Plastic Sheeting 6.20.24.pdf | ||
| Questions and Answers 6.20.24.pdf | ||
| 2.2.1 Attachment 3 - Past Performance Questionnaire (PPQ).pdf | ||
| 2.2.1 Attachment 2 - Plastic Sheeting Statement of Work Final.pdf | ||
| 2.2.1 Questions and Answers_ Draft Solicitation No 70FB7024R00000006 Plastic Sheeting 06062024.pdf | ||
| 2.2.1 Attachment 1 - Plastic Sheeting Pricing Template.xlsx | XLSX spreadsheet |
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Text version
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
70FB70
See Schedule
FEMA CODE 16. ADMINISTERED BYCODE
X
X
X
326199
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FB70
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
06/28/2024 1200 ES
06/06/2024
(771)202-0596Marcia Irizarry Snyder (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
70FB7024R00000006
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 65 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
WASHINGTON DC 20472
500 C STREET SW
FEDERAL EMERGENCY MANGEMENT AGENCY
FEMA
15. DELIVER TO
WASHINGTON DC 20472
3RD FLOOR
500 C STREET SW
FEDERAL EMERGENCY MANAGEMENT AGENCY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
FEMA-INCIDENT SUPPORT SECTION
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ADMINISTERED BY:
FEMA-INCIDENT SUPPORT SECTION
FEDERAL EMERGENCY MANAGEMENT AGENCY
500 C STREET SW
3RD FLOOR
WASHINGTON DC 20472 USA
The purpose of this solicitation is to establish a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract to support the Federal Emergency Management Agency (FEMA) by delivering plastic sheeting.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Karley J. Hoyt
. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
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: REFERENCE
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. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The contractor shall deliver plastic sheeting in accordance with Statement of Work.
The IDIQ period of performance shall be one (1) base year and four (4) option years. Each delivery order issued against the resulting
IDIQ's shall have its own period of performance established on that delivery order.
0001 Roll of Sheeting 87000 RL
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
0002 Steady State CONUS Delivery 52200 EA
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
0003 Steady State OCONUS Delivery 34800 EA
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
65 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
Period of Performance: 08/01/2024 to 07/31/2025
0004 Emergency Response CONUS Delivery 52200 EA
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
0005 Emergency Response OCONUS Delivery 34800 EA
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
0006 Drop Trailer Rate - Daily detention fees shall be 145 DA a fixed Not-To-Exceed amount $150 per day.
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
0007 Diversion Rate - The penalty will accrue daily in 500 DH an amount equal to the daily detention, not-to-exceed $150 a day.
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
0008 Fair Market Value Trailer Purchase 10 EA
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
0009 Labor - Driver 145 HR
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
0010 Restocking Fee Per Roll of Sheeting 87000 RL
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2024 to 07/31/2025
1001 Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1002 Steady State CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1003 Steady State OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1004 Emergency Response CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1005 Emergency Response OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2025
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1006 Drop Trailer Rate - Daily detention fees shall be 145 DA a fixed Not-To-Exceed amount $150 per day (plus a
3% escalation for the respective option years).
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1007 Diversion Rate - The penalty will accrue daily in 500 DH an amount equal to the daily detention, not-to-exceed $150 a day (plus a 3% escalation for the option years) or government adjusted use fee that the carrier charges for that unit.
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1008 Fair Market Value Trailer Purchase 10 EA
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
1009 Labor - Driver 145 HR
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
1010 Restocking Fee Per Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2025
Product/Service Code: 9330
Product/Service Description: PLASTICS FABRICATED
MATERIALS
Period of Performance: 08/01/2025 to 07/31/2026
2001 Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2002 Steady State CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2003 Steady State OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2004 Emergency Response CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2005 Emergency Response OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2006 Drop Trailer Rate - Daily detention fees shall be 145 DA a fixed Not-To-Exceed amount $150 per day (plus a
3% escalation for the respective option years).
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
2007 Diversion Rate - The penalty will accrue daily in 500 DH an amount equal to the daily detention, not-to-exceed $150 a day (plus a 3% escalation for the option years) or government adjusted use fee that the carrier charges for that unit.
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2008 Fair Market Value Trailer Purchase 10 EA
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2009 Labor - Driver 145 HR
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
2010 Restocking Fee Per Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2026
Period of Performance: 08/01/2026 to 07/31/2027
3001 Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3002 Steady State CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3003 Steady State OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
8 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
3004 Emergency Response CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3005 Emergency Response OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3006 Drop Trailer Rate - Daily detention fees shall be 145 DA a fixed Not-To-Exceed amount $150 per day (plus a
3% escalation for the respective option years).
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3007 Diversion Rate - The penalty will accrue daily in 500 DH an amount equal to the daily detention, not-to-exceed $150 a day (plus a 3% escalation for the option years) or government adjusted use fee that the carrier charges for that unit.
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3008 Fair Market Value Trailer Purchase 10 EA
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3009 Labor - Driver 145 HR
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
3010 Restocking Fee Per Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2027
Period of Performance: 08/01/2027 to 07/31/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
9 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
4001 Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4002 Steady State CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4003 Steady State OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4004 Emergency Response CONUS Delivery 52200 EA
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4005 Emergency Response OCONUS Delivery 34800 EA
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4006 Drop Trailer Rate - Daily detention fees shall be 145 DA a fixed Not-To-Exceed amount $150 per day (plus a
3% escalation for the respective option years).
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4007 Diversion Rate - The penalty will accrue daily in 500 DH an amount equal to the daily detention, not-to-exceed $150 a day (plus a 3% escalation for the option years) or government adjusted use fee that the carrier charges for that unit.
(Option Line Item)
Date Option to be Exercised 06/01/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
10 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7024R00000006
Period of Performance: 08/01/2028 to 07/31/2029
4008 Fair Market Value Trailer Purchase 10 EA
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4009 Labor - Driver 145 HR
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
4010 Restocking Fee Per Roll of Sheeting 87000 RL
(Option Line Item)
Date Option to be Exercised 06/01/2028
Period of Performance: 08/01/2028 to 07/31/2029
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Request for Proposal 70FB7024R00000006 – Plastic Sheeting
SECTION B – SUPPLIES, SERVICES AND PRICES
B.1 ITEMS TO BE ACQUIRED
Plastic Sheeting
The purpose of this solicitation is to identify Contractor(s) that have the capacity to Plastic Sheeting in accordance with the Statement of Work. The contractor shall ship Plastic Sheeting to Distribution Centers, Incident Support Bases, Federal Staging Areas, Points of Distribution, and shelters within the Continental United States (CONUS) and Outside the Continental United States (OCONUS) during Steady State and Emergency Response/Surge Operations.
B.2 PRICE SCHEDULE
Contractor(s) shall use the format reflected in Attachment #1 – Pricing Template.
B.3 MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS
As referred to in paragraph (b) of FAR Clause 52.216-22, “Indefinite Quantity” of this contract, the guaranteed contract minimum is the amount to be purchase under this IDIQ per contract to include the base and option periods. The contract ceiling amount shall not exceed the maximum quantity of supplies, the total amount of supplies ordered under this shall not exceed the total productive capacity of all vendors under this contract. The guaranteed contract minimum is $3,000.00 per contract unless more than two contracts are awarded and the minimum guarantee is lowered based on the number of contracts awarded, i.e. if three contract awards result from this RFP then the minimum guarantee will be $2,000.00, if four $1,500.00.
The estimated contract ceiling is $167,255,882.17. The actual contract ceiling will be established at the time of award.
With respect to the maximum quantity of services, the total amount of supplies and services ordered under this shall not exceed the total productive capacity of all vendors under this contract.
B.4 CONTRACT TYPE
The Department Homeland Security (DHS) - Federal Emergency Management Agency (FEMA) intends to award multiple Indefinite Delivery-Indefinite Quantity (IDIQ) contracts Plastic Sheeting to support CONUS and OCONUS disaster response locations with Firm-Fixed-Price (FFP) CLINs.
B.5 IDENTIFICATION OF GOVERNMENT OFFICIALS
The Government Officials assigned to this contract are as follows:
Contracting Officer:
Name: Karley Hoyt Phone: 202-304-9035 Email: Karley.Hoyt@fema.dhs.gov
Contracting Specialist:
Name: Marcia Irizarry Snyder Phone: 771-202-0596
Email: Marcia.IrizarrySnyder@fema.dhs.gov Contracting Officer Representative:
Name: To Be Determined at time of Award Phone:
Email:
B.6 PERIOD OF PERFORMANCE
The resulting IDIQs shall have a period of performance of one (1) base year and four (4) option years.
Contract Period Period of Performance Dates Base Year August 1, 2024 – July 31, 2025 Option Period One August 1, 2025 – July 31, 2026 Option Period Two August 1, 2026 – July 31, 2027 Option Period Three August 1, 2027 – July 31, 2028 Option Period Four August 1, 2028 – July 31, 2029
The period of performance for each delivery order will be established during the solicitation and issuance of each delivery order.
B.7 PLACE OF PERFORMANCE
Please reference Attachment #2 – Statement of Work (SOW).
The place of performance for each delivery order will be established during the solicitation and issuance of each delivery order.
B.8 FEDERAL HOLIDAYS
Unless specifically authorized in writing by the Contracting Officer, no services will be provided, and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below:
• New Year’s Day - January 1st
• Martin Luther King’s Birthday - 3rd Monday in January
• Washington’s Day - 3rd Monday in February
• Memorial Day - Last Monday in May
• Juneteenth National Independence Day - June 19th
• Independence Day - July 4th
• Labor Day - 1st Monday in September
• Columbus Day – 2nd Monday in October
• Veterans Day – November 11th
• Thanksgiving Day – 4th Thursday in November
• Christmas Day – December 25th
B.9 BILLING INSTRUCTIONS
Contractors shall 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 http://www.gsa.gov/portal/forms/type/SF 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.10 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:
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.
mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov
(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.11 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.
Offeror to provide point of contact information
B.12 DELIVERY ORDER
All delivery orders will be initiated by the Contracting Officer via a request for proposal to all contract holders with specific information and instructions for the requirement. The Contractor shall be required to perform the services per the written delivery order. The delivery order proposal request is not a commitment that the FEMA will issue a delivery order, nor will any Contractor incurred proposal cost become reimbursable. In addition, the Contractor shall not initiate any performance efforts until a written delivery order has been signed and issued by the Contracting Officer.
B.13 DELIVERY ORDER PROCEDURES
This requirement will be in accordance with FAR 16.505, fair opportunity ordering procedures.
Each delivery order requested under this IDIQ will follow the steps below:
Step 1: The Program office will submit the following documents to the Contracting Officer to include but not limited to the statement of work, pricing schedule, period of performance, and place of performance.
Step 2: The Contracting Officer/Contract Specialist (CO/CS) will issue Delivery Order Proposal Requests (DOPR) with the statement of work and pricing schedule to all IDIQ holders.
Step 3: Proposal Evaluation - The contractor must submit its technical and price proposals to CO and CS only. The Delivery Order CO/CS receives and evaluates the proposal for conformity to the DOPR. Technical evaluations are conducted by technical evaluation teams. Cost/price evaluations will be conducted by the price analysis team. Negotiations may take place, if needed.
Step 4: Contracting Officer/Contract Specialist issues delivery order to most highly qualified offeror with which a fair and reasonable price agreement is reached. Proper approvals including legal and congressional approval should be made prior to delivery order award when appropriate for the dollar value of the delivery order.
If additional delivery orders are needed after the original delivery order for a disaster/emergency the Government may utilize the logical follow-on for fair opportunity.
B.14 DELIVERY ORDER ISSUANCE
FEMA reserves the right to identify deliverables in individual Delivery Orders. As such is the case, the COR will review, for completeness, preliminary, draft and final documentation that the Contractor submits, and may return it to the contractor for correction. Absence of any comments by the COR will not relieve the contractor of the responsibility for complying with the requirements of this Statement of Work. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR.
The contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this statement of work. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.
In general, all contract deliverables shall meet the following quality standards:
• Accuracy: Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.
• Consistency to Requirements: All work products must satisfy the requirements of this statement of work.
• Timeliness: Work Products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the COR.
B.15 DELIVERY MONITORS
A Delivery Monitor is responsible for individual project management and/or delivery assignment administration. This may involve daily oversight to ensure work is performed in accordance with the delivery order request(s) and provide any other necessary technical guidance to the contractor. A Delivery Monitor does not have authority to request or authorize work to be performed outside the scope of the delivery order. Each Delivery Monitor works in conjunction with the COR, however, if any discrepancies exist between the direction given by a COR and a Delivery Monitor to the Contractor, the COR's direction shall take precedence. If the Contractor is unclear as to the direction provided by a Delivery Monitor or believes the direction to be out of scope, the Contractor shall contact either the COR or the Contracting Officer as appropriate.
B.16 MODIFICATIONS
Under this contract, and subsequent Delivery 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 delivery order(s).
B.17 KICK-OFF/POST AWARD CONFERENCE/PERIODIC PARTNER MEETINGS
The Contractor must be required to participate in a Post Award Conference with the Contracting Officer and the COR no later than 10 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract. The Post Award Conference will be held via teleconference. The Contractor agrees to attend any post award meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.
The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.
B.18 NOTIFICATION OF DEBARMENT AND SUSPENSION
The Contractor shall provide immediate notice to the Contracting Officer in the event that the Contractor or a subcontractor is suspended, debarred or declared ineligible by any Federal government Agency or Department, or upon receipt of a notice of proposed debarment from any Federal Agency or Department.
B.19 DEFENSE PRODUCTION ACT (DPA)
Delivery orders under this contract may include a priority rating under the Defense Priorities and Allocations System (DPAS) regulation (15 CFR, part 700). Contractors receiving a DPAS rated order are required to follow all provisions of the DPAS regulation. The priority rating will be identified in the delivery order proposal request and subsequent delivery order standard form issued.
The DPAS provides that DHS/FEMA contracts are assigned priority ratings to assure that these contracts are afforded service priorities ahead of unrated orders. Ratings will be assigned per individual delivery order. The Contractor is obligated to accept the rated order, to schedule service operations to satisfy requirements of each rated order, and to extend the priority rating to subcontractors to assure that the required services are performed in the timeframe requested.
The DPAS provides for two levels of rated order priority: “DX” and “DO”. The symbols “DX” and “DO” are not acronyms for any terms. They simply indicate the level of priority. DX rated orders take precedence over DO rated orders and unrated orders (commercial orders without a DPAS priority rating). DO rated orders only take precedence as necessary over unrated (commercial) orders as necessary to meet delivery or performance requirements of the DO rated orders. All DX rated orders have equal priority with each other and all DO rated orders have equal priority with each other. DHS has eight DPA programs eligible for the Priorities and Allocations Authority (N-1 through N-8).
B.20 DISASTER ASSISTANCE ACTIVITIES
In accordance with FAR 26.2, Contractors shall give preference to the maximum extent feasible and practicable to local firms. Preference may be given through a local area set-aside or an evaluation preference.
B.21 FAR 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 1, 2024 through July 31, 2029.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This solicitation 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):
www.acquisition.gov/far
NUMBER TITLE DATE
52.232-18 Availability of Funds APR 1984
3052.222-
Strikes or Picketing Affecting Timely Completion of the Contract Work.
DEC 2003
3052.222-
Strikes or picketing affecting access to a DHS facility DEC 2003
C.2 52.211-11 LIQUIDATED DAMAGES-SUPPLIES, SERVICES, OR RESEARCH AND
DEVELOPMENT (SEPT 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of to be determined at the delivery order level per calendar day of delay.
(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.
(End of clause)
C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-http://www.acquisition.gov/far
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(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 Federal Acquisition Regulation (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. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(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.
(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) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.]
(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (FEB 2024)
(a) The Contractor shall comply with the…
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