LCSC_RFP_11_SEPT_2018.pdf

70FB8 70FB8018Q00000002 0100000002

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

The Federal Emergency Management Agency (FEMA, or the Agency) Logistics Management Directorate

(LMD) provides an efficient, transparent, and flexible logistics capability to procure and deliver goods and services that support disaster response and recovery for survivors and communities. The primary mission of

LMD is to deliver the right resources to the right place at the right time in support of state, local, tribal

Governments and territories.

The Transportable Temporary Housing Unit (TTHU) Program, within the LMD, is seeking project management construction support services to support the Agency’s direct housing missions. Project oversight work may include, but is not limited to, surveying, debris cleanup, site grading, site utility infrastructure, water distribution system, electrical service, roads-surfaces-pads, construction fencing, TTHU transportation, TTHU site inspection, TTHU installation, TTHU maintenance, TTHU deactivation, and some other components of FEMA’s direct housing mission (e.g., Multifamily Lease & Repair Program, Permanent Housing Construction/Repair). Work may also include (but is not limited to) performance of area feasibility determination, design package preparation, and other components of FEMA’s direct housing mission, as directed.

B.1 PRICE/COST SCHEDULE

All TOs issued on a FFP basis will be subject to the unit pricing set forth in Section J – List of Attachments, Attachment 1, Pricing Table, except for the line items to be priced at the task order level. The established unit prices reflect full prices per person for each line item and include all labor, ODCs (supplies, travel, transportation, etc.), materials, indirect costs (such as fringe benefits, overhead, G&A), and profit. The

Contractors may elect to propose lower unit prices on issued task orders. In any case, proposed unit prices for TOs shall not exceed the ceiling prices established in the contract.

B.2. MINIMUM AND MAXIMUM FUNDING LIMITATION

The contract ceiling is established at $200M. However, the varying nature and unpredictability of the presidentially declared disasters and emergencies to which FEMA responds may necessitate the need for a higher ceiling amount. To support a presidentially declared disaster or emergency, the Government reserves the right to incrementally increase the ceiling of this contract. With respect to the maximum quantity of supplies or services, the total amount of supplies or services ordered under this contract shall not exceed the total capacity of all vendors under this contract who are available to provide the subject goods or services in support of the presidentially declared disaster(s) or emergency(ies).

The guaranteed minimum order for the life of the contract is $50,000 per awardee.

END OF SECTION B

SECTION C – DESCRIPTION/SPECIFICATIONS

Performance Work Statement

Logistics Construction Support Contract (LCSC)

C.1 General

The Federal Emergency Management Agency (FEMA, or the Agency) Logistics Management Directorate

(LMD) provides an efficient, transparent, and flexible logistics capability to procure and deliver goods and services that support disaster response and recovery for survivors and communities. The primary mission of LMD is to deliver the right resources to the right place at the right time in support of state, local, tribal

Governments and territories.

The Transportable Temporary Housing Unit (TTHU) Program, within the LMD, is seeking project management construction support services to support the Agency’s direct housing missions. Project oversight work may include, but is not limited to, surveying, debris cleanup, site grading, site utility infrastructure, water distribution system, electrical service, roads-surfaces-pads, construction fencing, TTHU transportation, TTHU site inspection, TTHU installation, TTHU maintenance, TTHU deactivation, and some other components of FEMA’s direct housing mission (e.g., Multifamily Lease & Repair Program, Permanent Housing Construction/Repair). Work may also include (but is not limited to) performance of area feasibility determination, design package preparation, and other components of FEMA’s direct housing mission, as directed.

It is expected that the Contractor will furnish all design, labor, equipment, material, manufactured articles, transportation, supervision, and all else necessary to accomplish project management for each task order

(TO) written under this Logistics Construction Support Contract (LCSC). All direct housing options are authorized under Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended (Stafford Act).

Construction support for TTHUs must be in compliance with established industry standards—e.g.

Manufactured Homes with U.S. Department of Housing and Urban Development (HUD) standards, set forth in 24 CFR 3280 the Manufactured Home Construction and Safety Standards; Recreational Vehicles must be constructed under the consensus standards promulgated by the Recreational Vehicle Industry

Association (RVIA); etc. In addition, FEMA has developed performance requirements for TTHUs that enhance the HUD standards and describe the types of manufactured homes that FEMA requires. These requirements are found in the most current TTHU manufacturing contracts, including FEMA’s Rugged

Based Requirements.

Disclaimer: All Prime and Sub-Contractor on HSFE80-17-R-0005 (FY18 LOGHOUSE Contract) are prohibited from competing on the LCSC contract due to the potential for a conflict of interest between service providers.

C.2 Objectives

FEMA’s principal objective under this contract is to provide technical and project management expertise in direct housing services to assist impacted disaster survivors as promptly as possible. In assisting the

Government with fulfilling this requirement, and ensuring that taxpayer money is used efficiently, the

Contractor shall provide project management support.

FEMA anticipates that this solicitation will result in a multiple award Indefinite Delivery Indefinite

Quantity (IDIQ) contract for logistics construction services for manufacturing oversight. FEMA will issue task orders under this contract, as required to meet the needs of the Agency’s disaster response/recovery operation.

The work will be required on an as-needed basis during the life of the contract. Labor and overhead rates will be negotiated prior to award of the contract. Escalation rates for the option year periods will be negotiated prior to award of base contract. FEMA anticipates issuing a solicitation to deliver a broad range of project management services related to FEMA Logistics’ direct housing missions to the Agency to investigate, analyze, and recommend changes to TTHU manufacturing processes when issues are discovered in FEMA’s TTHUs. To facilitate this solicitation, the Agency is seeking information from several different communities that would be able and willing to provide the types of services described above to FEMA.

FEMA anticipates the need to provide support for up to five (5) Presidentially-declared disasters within any given 12-consecutive-month period, and the Contractor shall have the capability to respond to three (3) simultaneous disasters.

C.3 Description of Work

The Transportable Temporary Housing Unit (TTHU) Program, part of FEMA’s Logistics Directorate, is seeking supplementary project management construction support services for the Agency’s direct housing missions.

Project oversight work may include but is not limited to surveying, debris cleanup, site grading, site utility infrastructure, water distribution system, electrical service, roads-surfaces-pads, construction fencing, TTHU transportation, TTHU site inspection, TTHU installation, TTHU maintenance, TTHU deactivation, and some other components of FEMA’s direct housing mission (e.g., Multifamily Lease

& Repair Program, Permanent Housing Construction/Repair). Work may also include (but is not limited

to) performance of area feasibility determination, design package preparation, and other components of

FEMA’s direct housing mission as directed.

C.4.1 SCOPE OF WORK: The scope will include the following descriptions:

C.4.1.1 The scope of work for each project may include all requirements defined herein, as well as all work identified in the subject Task Orders (TOs). Required services may include assignments within the following areas:

Acquisition Planning Support

Administrative Support

Data Input/Analysis

Project Schedules

Cost Estimation

Technical Analyses

GIS Support

Housing Inspections

Design Services

Project Monitoring and Quality Oversight

Environmental & Historic Preservation (EHP) Support

Alternative Housing Planning Support

Contract Surveillance

Long-Term Staging Support Services

Engineering & Construction Management

C.4.1.2 Requirements in the TOs will specify required labor categories.

C.4.1.3 The LCSC will be utilized to execute a broad range of project management requirements related to FEMA Logistics’ direct housing missions. These requirements may include tasks in a variety of installation-related project management activities such as, but not limited to, planning support, administrative support, developing and providing technical analyses, project monitoring to include permitting, demolition, excavation, site preparation, installation, deactivation, and other specialty and general construction work related to FEMA’s direct housing mission as directed in the TO.

C.4.1.3.1 Acquisition Planning Support – Assist FEMA with documenting acquisition decisions, developing Statements of Work (SOWs), assessing acquisition risks, establishing baseline schedules, developing cost estimates, evaluating TOPR responses, and other acquisition related tasks related to the direct housing mission.

C.4.1.3.2 Administrative Support – Provide administrative support personnel to assist FEMA direct housing management team with contract oversight activities. Activities may include documenting performance, assisting with change requests and contract modifications, field support such as permit coordination and monitoring, document management, technical writing, and other administrative and clerical activities related to the direct housing mission.

C.4.1.3.3 Data Input/Analysis – Provide support personnel to assist FEMA direct housing management team with data-related contract oversight and tracking activities. Activities may include spreadsheet origination/input/maintenance/manipulation, database input and management, upload and download of files between multiple systems and applications, training of Government personnel on the spreadsheets and/or databases in use, and other administrative and clerical activities related to the direct housing mission. Preliminary analysis of the data may also be included in addition to the above activities.

C.4.1.3.4 Project Schedules – Draft baseline schedules for direct housing service and construction activities, sequence activities, gather resource assignments, validate Contractor-submitted timelines, construct schedule network, collect work performance data and schedule performance data, and assist with other project management time documents related to FEMA’s direct housing activities.

C.4.1.3.5 Cost Estimation – Provide cost estimates for FEMA-anticipated construction and engineering services related to direct housing missions. Examples of the tasks to be estimated include installation and alteration of FEMA Manufactured Housing Units (MHUs), demolition, site layout, site preparation, residential repairs, and building & grounds alterations. Cost estimates may be preliminary in nature, or for use in Government cost estimates for contracts, task orders, or modifications.

C.4.1.3.6 Technical Analyses – Provide construction analyses related to FEMA Contractors’ proposed repairs, alterations, etc., of FEMA MHUs and/or other direct housing activities (e.g., demolition, site layout, site preparation, etc.). Contractor may also be required to provide regulatory code compliance analyses for direct housing activities.

C.4.1.3.7 GIS Support – Provide personnel and equipment to be able to produce electronic or hard-copy deliverables that display information critical to the decision-making process in a Direct Housing mission.

Deliverables may include, but are not limited to: maps displaying the disaster area’s applicants, disaster damage levels, and locations of potential solutions such as commercial parks, identified group sites, apartment complexes, rentals, etc.; routing plans for effective and efficient assignment of workforce to perform inspections and/or site visits; and roll-ups of applicants and/or properties in a prioritized form.

C.4.1.3.8 Housing Inspections – Provide workforce to perform inspections of private homes, apartments, and other residential structures. Inspectors shall be qualified to determine habitability and code compliance, and understand application of HUD residential standards as they pertain to housing units being inspected.

Provide personnel qualified in residential electric and plumbing and heating for inspections if required in the task order. Deliverables may include completed checklists, individual designs, and preliminary cost estimates and construction schedules.

C.4.1.3.9 Design Services – Provide conceptual site design and/or design review for individual, commercial, and group sites related to the direct housing mission. Provide detailed individual designs for homes under the PHC program, where program parameters will be communicated in the work order such that the housing standard to be attained will be directed by the Contracting Officer.

C.4.1.3.10 Project Monitoring and Quality Oversight – Deploy licensed experts to augment FEMA staff in monitoring and certifying acceptance of Contractor work. Monitoring and/or acceptance work may be required at permitting, site inspection, site preparation, group site design, group site construction, unit installation, unit maintenance, unit deactivation, staging acceptance, permanent housing construction and repairs, apartment repair and habitability, and other direct housing-related activities.

C.4.1.3.11 Environmental & Historic Preservation (EHP) Support – Provide qualified NEPA support personnel (e.g., environmental engineers, hazard mitigation specialists, archeologists) in support of the direct housing mission.

C.4.1.3.12 Alternative Housing Planning Support – Provide construction-related support personnel to develop alternative housing options during Presidentially-declared disaster. Options may include feasibility assessments of commercially available housing products that could be utilized as alternative solutions when traditional direct housing services (e.g., MHUs, rapid repairs, etc.) are impractical.

C.4.1.3.13 Contract Surveillance – Assist FEMA contract management team with performing contract surveillance activities and other quality control functions for the LogHouse Haul and Install Contract and other FEMA-awarded contracts in support of the direct housing mission.

C.4.1.3.14 Long-Term Staging Support Services – Deploy personnel as residential construction specialists to provide inspection services to FEMA MHUs arriving and/or departing FEMA-designated long-term staging sites.

C.4.1.3.15 Engineering & Construction Management – Provide management services for contract personnel engaged in planning, design, and/or construction functions. Perform oversight and control of

Contractor resources producing cost estimates, project schedules, data input and manipulation, project designs, quality assurance of construction projects, and other technical aspects of the direct housing mission.

C.4.1.3.16 Financial Monitoring: Assist in requesting funds for commitment from FEMA field offices and work together with FEMA’s financial management staff and others in the LogHOUSE PMO to ensure that sufficient funds are committed and in place to allow for the timely obligation of funds. When funds are committed and available, ensure that the appropriate Contracting Officer is made aware. Monitor the utilization of funds and make recommendations to the LogHOUSE Program Manager when unused funds should be de-committed. Enter financial data, on a real-time basis, in the LogHOUSE financial management systems and ensure their accuracy.

C.4.1.3.17 Invoice Tracking: Track and monitor progress in the payment of invoices submitted by

LogHOUSE Contractors.

C.4.1.3.18 Invoice Accounting Review: Perform invoice audit reviews in accordance with established protocols to ensure that submitted invoices are mathematically sound without inaccurate expenses and all issues are resolved to expedite processing and payment within 15 days or less.

C.4.1.3.19 Subject Matter Expertise related to Power Companies – Collaborate with local power companies to expedite power installations and facilitate information sharing. Utilize and create Excel programs to track all Power company issues related to TTHU installation. Support the Transportable

Temporary Housing Unit Leader at the Joint Field office (may require travel).

C.4.2 CONTRACT STRUCTURE: FEMA anticipates that this solicitation will result in a multiple-award, fixed price, Indefinite Delivery / Indefinite Quantity (IDIQ) contract to provide logistics construction for manufacturing oversight. FEMA will issue task orders under this contract, as required to meet the needs of the Agency’s disaster response/recovery operation. The work will be required on an as-needed basis during the life of the contract. Labor and overhead rates will be negotiated prior to award of the contract.

Escalation rates for the option year periods will be negotiated prior to award of base contract. FEMA anticipates issuing a solicitation to deliver a broad range of project management services related to FEMA

Logistics’ direct housing missions to the Agency to investigate, analyze, and recommend changes to

TTHU manufacturing processes when issues are discovered in FEMA’s TTHUs.

C.4.3 MINIMUM/MAXIMUM: The only work authorized under the LCSC is as described in individual

Task Orders (TOs). Individual TOs will normally have an estimated range in magnitude from $100,000 to

$1,000,000. The Government makes no representation as to the number of TOs or actual amount of work to be ordered.

C.4.4 COMMENCEMENT of WORK: No work under this contract will commence until such a time as the

Contracting Officer issues a written TO. Upon award of TO, the Contractor shall have on-the-ground support personnel begin to arrive to designated locations no later than 48 hours after TO award, or in the specified timeframe designated in the TO.

C.4.5 TASK ORDER PERFORMANCE PERIOD: The Government reserves the right to negotiate a performance period or impose a performance period for each TO.

C.4.6 PERFORMANCE EVALUATIONS: After each ordering period, the COR will complete a

Contractor performance evaluation and input into Contractor Performance Assessment Reporting System

(CPARS). The evaluations will consider all aspects of the Contractor’s performance on all issued TOs.

Furthermore, performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory. Contractors will be provided an opportunity to provide input into the evaluation. The performance evaluations may have an impact on the award of future TOs.

END OF SECTION C

SECTION D – PACKAGING AND MARKING

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

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED

BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996

E.2 INSPECTION AND ACCEPTANCE

The place of inspection and acceptance of services provided by the Contractor shall be set forth in each task order. For this clause, the Contracting Officer’s Representative (COR) named in the Designation of the Contracting Officer’s Representative clause in this contract is the representative of the Contracting

Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives, and should such occur, the Contractor will be notified by written notice.

E.3 PERFORMANCE EVALUATION

This is a performance based contract. During performance of this contract, the Contractor shall be evaluated by the CO, the COR, and/or other designated personnel, in accordance with the overall level o f compliance with the contract and the demonstrated quality and timeliness of the services provided. The

Quality Assurance Surveillance Plan (QASP) is developed at time of award. The QASP lists the performance requirements by FEMA task(s) for which Contractor performance will be measured when performing under this contract. The Government may adjust the standards and/or identify additional performance elements as may be necessary to ensure that the performance standards for work specified in the order reflect the requirements.

E.4 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractor’s performance.

These include, but are not limited to, random sampling of recurring services, periodic surveillance of the

Contractor’s quality control program, test calls, and validated customer complaints.

Performance standards define desired services. The contractor must include with their proposal

Performance Requirement Summary (PRS) that FEMA will incorporate to a quality assurance plan for program oversight. All performance standards and surveillance plans are subject to CO and COR approval. The Government performs surveillance to determine if the Contractor exceeds, meets or does not meet these standards.

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED

BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

F.2 PERIOD OF PERFORMANCE

The period of performance (POP) for this contract will be one (1) year, with four (4) additional one (1) year option periods. The Contractor shall participate in the task order kick‐off meeting no later than forty-eight

(48) hours after task order award, or within a time specified by the Contracting Officer. Each task order will have a specific period of performance. All performance shall be conducted based on the general objectives outlined in this Indefinite Delivery / Indefinite Quantity Contract and supporting Task Order Proposal

Request(s) (TOPR).

F.3 AREAS OF OPERATION

The Contractor may be tasked with performing activities for work being performed within any counties, tribal areas or territories within the contiguous United States (CONUS), or outside the contiguous United

States (OCONUS) receiving a Federal Disaster declaration and designated for FEMA Individual

Assistance.

F.4 DELIVERY SCHEDULE

Recorded deliverables and delivery schedules will be established in task orders issued under the contract.

F.5 REPORTS OF WORK

The Contractor shall submit reports as specified in the Performance Work Statement.

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer:

Name: Rahsaan Edwards

Phone: 202-646-5786

Email: Rahsaan.Edwards@fema.dhs.gov

Contract Specialist:

Name: Leeann Washington

Phone: 202-212-5212

Email: Leeann.Washington@fema.dhs.gov

Contracting Officer’s Representative Name: Matthew Rabkin

Phone: 202-212-1011

Email: Matthew.Rabkin@fema.dhs.gov

G.2 TECHICAL DIRECTION AND SURVEILLANCE

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

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

(1) Constitutes an assignment of additional work outside the Task Order or contract Statement of

Work;

(2) Constitutes a change as defined in the contract clause entitled “Changes”;

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

(4) Changes any of the expressed terms, conditions, or specifications of the contract or Task Order;

or

(5) Interferes with the Contractor’s right to perform the specifications of the contract or Task Order.

mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Rahsaan.Edwards@fema.dhs.gov mailto:Matthew.Rabkin@fema.dhs.gov

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

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the

COR in the manner described by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall cause the Contractor to notify the Contracting Officer in writing one (1) working day after receipt of any such instruction or direction and shall request the

Contracting Officer to modify the contract accordingly. Upon receiving the notification from the

Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within two (2) days after receipt of the Contractor’s

Letter that:

(1) The technical direction is rescinded in its entirety

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

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

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the

Contracting Officer or the Project Officer whom the Contracting Officer shall appoint shall be at the

Contractor’s risk.

G.3 TASK ORDER PRICING

All TOs issued on a FFP basis will be subject to the unit pricing set forth in Section J – List of Attachments, Attachment 1, Pricing Tab le , except for the line items to be priced at the task order level. The established unit prices reflect full prices per person for each line item and include all labor, ODCs (supplies, travel, transportation, etc.), materials, indirect costs (such as fringe benefits, overhead, G&A), and profit. The

Contractors may elect to propose lower unit prices on a task-by-task basis. In any case, proposed unit prices for TOs shall not exceed the ceiling prices established in the contract.

G.4 SUPPLEMENT TO CHANGES CLAUSE

The provision of the Changes Clause (FAR 52.243-4), as applicable, are supplemented as follows:

a) The Contractor shall provide an itemized breakdown or take-off for all charges involving an increase or decrease in the contract price. The proposal shall be in sufficient detail that will enable the

Government to determine the reasonableness of the Contractor’s and sub-contractor’s cost to do the change. As a minimum, the following shall be shown:

1. Material quantities and unit prices;

2. Labor costs (broken down by trades, hours worked, and hourly rates);

3. Labor burden (Fringe Benefits, Workmen’s Compensation, and Public Liability

Insurance);

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if any)

b) On proposal offering a credit for work omitted, deductions for overhead and profit shall also be shown.

c) If the proposed change will result in an increase or decrease in the contract performance period, the Contractor shall state the exact number of days involved. If the proposed change is approved and the Government agrees with the increase or decrease in completion time, the completion date will become a part of the contract modification.

G.5 INVOICES

An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause in accordance with the terms and conditions of the Prompt

Payment clause in accordance with the provisions of other clauses in this contract.

Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause.

In order to be proper, an invoice must include, as applicable, the following:

(a) GENERAL INFORMATION

(1) Name of Contractor

(2) Invoice Date

(3) Contract number (including task order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

(4) Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on Government bills of lading).

(5) Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by this agency to process payment.

(6) Any other information or documentation required by other provisions of the Contract (such as evidence of shipment).

(7) Invoices shall be prepared and submitted as follows:

Number

Distribution

Original and 2 Copies Payment Office

Federal Emergency Management Agency

Finance Payment Center

FEMA-Finance-Vendor-Payments@fema.dhs.gov

One Copy Contracting Officer

Rahsaan Edwards

Rahsaan.Edwards@fema.dhs.gov

One Copy Contract Specialist mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov

Leeann Washington

Leeann.Washington@fema.dhs.gov

One Copy Contracting Officer’s Representative

Matthew Rabkin

Matthew.Rabkin@fema.dhs.gov

(b) ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

(1) As mandated by the Debt collection Improvement Act (DCIA) of 1996 and in accordance with FAR

Clause 52.232-33-Payment By Electronic Funds Transfer—System for Award Management (JUL

2013) of this contract, the Contractor must submit the following written EFT information as specified in clause 52.232-33 of this award:

The contract number (or other procurement identification number).

The Contractor’s name and remittance address, as stated in the contract(s).

The signature (manual or electronic, as appropriate), title, and telephone number of the

Contractor official authorized to provide this information.

The name, address, and 9-digit Routing Transit Number (RTN) of the Contractor’s financial agent.

The Contractor’s account number and the type of account (checking, savings, or lockbox).

If applicable, the Fedwire Transfer System (FTS) telegraphic abbreviation of the Contractor’s financial agent.

If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and

9-digit Routing Transit Number (RTN) of the correspondent financial institution receiving the wire transfer payment if the Contractor’s financial agent is not directly on-line to the FTS; and, therefore, not the receiver of the wire transfer payment.

(2) The Contractor should include the EFT information set forth below on all invoices submitted for payment under this contract. Failure to provide the information or failure to notify this agency of changes to this information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract . The following EFT information should be submitted on each invoice”

(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.

mailto:Leeann.Washington@fema.dhs.gov

To avoid delays in processing invoices, the Contractor must also submit written notification of

EFT information changes to the office designated in this award document as soon as the new information is known to the Contractor. This notification must be in writing and signed by the individual authorized by the Contractor to make such changes.

G.6 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

For this contract, the Primary Contracting Officer’s Representative shall be: Matthew Rabkin.

G.7 ORDERING ACTIVITY

The Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) is the sole authority able to issue task orders

G.8 TASK ORDER FUNDING/TASK ORDER CONTENT

Funding will be provided on a task order basis. Task orders shall be issued in accordance with the clause entitled “Task Order Procedures”. Each task order will contain at a minimum the following information:

The date of the order

Contract and task order number

Task order specific performance work statement

The period of performance

Accounting and appropriation data

Payment office address

Designated Task Monitor

Any other pertinent information

G.9 TASK ORDER PROCEDURES

(A) Issuance of Task Orders

(1) FAIR OPPORTUNITY FOR CONSIDERATION

(a) One or more task orders may be issued during the period of performance of this contract.

The Government will provide all awardees a fair opportunity for consideration. In accordance with FAR 16.505(b), the Contracting Officer will give each awardee a “fair opportunity” to be considered for each order in excess of $3,500 unless one of the conditions in paragraph (b) below applies.

(b) Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for task orders which are expected to exceed $3,500 when the Contracting Officer determines one of the following conditions apply:

(1)The agency need for services is of such urgency that providing an opportunity would result in unacceptable delays and/or, (2)Only one awardee can provide the services required at the level of quality required because the services ordered are unique or highly specialized and/or, (3)The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under this contract, provided that all awardees were given fair opportunity to be considered for the original order. When deciding whether to negotiate a sole source logical follow-on task order with the current Contractor consideration will be given to the

Contractor’s past performance and price, and/or, (4)It is necessary to place an order to satisfy a minimum ordering requirement of the contract.

(c) The Contracting Officer has a broad discretion in determining which awardee should receive a task order. Proposed price, timeliness, and past performance will always be considered for task order award. Task orders may be awarded to other than the lowest priced Offeror.

(d) When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score Offerors, post notice in the Federal Business Opportunities, or hold discussions or negotiations with each awardee. Even though the Contracting Officer does not have to comply with the competition rules in Part 6 of the Federal Acquisition

Regulation and does not have to conduct discussions before issuing a task order, there will be an internal record of why an Offeror provided the best value on the particular requirements of each task order.

(2) TASK ORDER PROPOSAL REQUESTS (TOPR)

(a)The Contracting Officer will issue a written TOPR and will forward it to all awardees unless one of the exceptions to the fair opportunity for consideration listed above in section

(A)(1)(a)(b) if this clause applies. The TOPR will include, as a minimum, the following information:

(1) The due date for proposal submission

(2) Location of place of performance

(3) Description of the requirements

(4) Estimated period of performance

(5) Task order specific technical evaluation factors (if applicable)

(6) The basis for task order award

(7) Any additional instructions for proposal submission not contained in this section

(b)Offerors will be required to provide rapid response to the TOPRs. Offerors may only be given 24 hours to submit a task order proposal due to urgent and compelling circumstances.

If an awardee is unable to submit a response to a TOPR, they must provide the Contracting

Officer with a brief statement as to why the awardee is unable to submit a proposal. This statement is due on the closing date and time for the proposal requested.

(c)Failure to submit a response to a TOPR may be considered as negative performance information, which may jeopardize the award of future task orders.

(d)Proposal submission.

(1)Every TOPR will require the Offeror(s) to submit a proposal. The TOPR may require the Offerors to submit a technical proposal addressing past performance and task order specific technical evaluation factors (if applicable). Product literature may be requested for proposed equipment.

(e) If all Contractors have exceeded their capacity (e.g. contract ceiling or use of assets on other FEMA Task Order under this contract) or are unable to perform a given Task Order, a

TOPR may be sent directly to an awarded Contractor uncompetitive.

(3) TASK ORDER AWARD

(a)Upon the completion of the evaluation of each task order proposal, the Contracting Officer will issue a task order to the Offeror whose proposal is most advantageous to the Government considering the evaluation factors set forth in the TOPR.

(b)Task orders will be issued in writing signed by the Contracting Officer

(c)In the event issues pertaining to a proposed task order cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to cancel the proposed task order.

In such an event, each Offeror shall be notified of the Contracting Officer’s decision. This decision shall be final and not subject to the Contract Disputes Act.

(4) COMMENCEMENT OF PERFORMANCE

(a)Upon award, a task order will be transmitted to the successful Contractor. Service shall commence in accordance with the delivery schedule set forth in the task order.

(b)Failure to begin services as required may result in the termination of the task order and reconsideration of the other task order proposals received in response to the TOPR. The

Government reserves the right to terminate the contract and/or task order for cause if the Contractor fails to begin services.

(5) COMPLETION OF TASK ORDERS

Within thirty (30) days of physical completion of work under each task order, the Contractor shall submit a final voucher. If additional time is needed, the Contractor shall submit a written request for a time extension that explains the extenuating circumstances.

(6) PAYMENT FOR TASK ORDERS

If the Contractor is performing more than one Task Order simultaneously, separate invoices are required for each Task Order.

(7) CLOSEOUT OF TASK ORDERS

(a)All task orders issued under this contract shall be closed out in accordance with FAR Subpart

4.804 and 4.805, and established FEMA policy. Upon completion of each task order and the receipt of the final voucher, the Government will begin closeout procedures.

(b)OMBUDSMAN. The ombudsman shall (1) review complaints from Contractors regarding the award of task orders and (2) ensure that all Contractors are afforded a fair opportunity to be considered, consistent with the procedures of this contract. The order ombudsman for this contract is Federal Emergency Management Agency (FEMA) Competition Advocate. The FEMA competition advocate may be reached at (202) 646-3757 or at the following address:

Federal Emergency Management Agency

Attn: Tyuana Bailey, Competition Advocate

500 C Street, SW Washington, DC 20472

END OF SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PRODUCTION OF REPORTS

The production of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages time’s copies.

H.2 SERVICE CONTRACT WAGE DETERMINATION

The resulting contract(s) and TOs will be subject to the Department of Labor (DOL) Service Contract Act.

However, actual places of performance are currently unknown. Applicable wage determinations will be incorporated under the TOs as necessary in accordance with FAR 52.222-49, Service Contract Act – Place of Performance Unknown. The attached DOL Wage Determinations provided in Section J, Attachment 2, shall be used for purposes of price proposal preparation to establish a fair base line for price comparison.

H.3 SUBCONTRACTING PLAN

The successful Offeror(s), will be required to submit a subcontracting plan and/or a Small Business

Participation Plan. The subcontracting plan submitted will include the goals set forth below for each socio-economic grouping listed. The goals will be applied to the total value of each year of performance. For example, if the total value of the contract for each year is $1 million and the total period of performance is a base year and four one-year options, the subcontracting goal for all small businesses for the base year and every option year is $400,000 for a total of $2 million over the life of the contract. Each subcontracting plan submitted will be reviewed to determine whether the successful Offeror(s) has submitted an acceptable subcontracting plan. See Section L for additional instructions on the submission of the subcontracting plan.

Category Subcontracting Goal

All Small Businesses 40%

Small Disadvantaged Businesses (both Section 8(a) and non-Section

8(a) firms)

5%

Women-Owned Small Businesses 5%

Service-Disabled Veteran-Owned Small Businesses 3%

Historically Underutilized Empowerment Zone Small Businesses 3%

H.4 SUBCONTRACTING REPORTING REQUIREMENT

Contractor(s) shall submit subcontracting accomplishments on the Individual Subcontract Report (ISR) and the Summary Subcontract Report (SSR) by using the web-based Electronic Subcontracting Reporting

System (“eSRS”) at http://www.esrs.gov. (See HSAM Part 3019.704-70.)

H.5 RELEASE, PUBLICATION AND USE OF GOVERNMENT FURNISHED DATA

No Contractor shall have the right to use, release to others, reproduce, distribute, or publish any Government furnished data first produced or specifically used by the Contractor in the performance of the resulting contract without prior written permissions from the FEMA.

H.6 INTERPRETATION OF CONTRACT REQUIREMENTS

No interpretation of any provisions of the contract, including applicable specifications, shall be binding on

FEMA unless furnished or agreed to in writing by the CO.

http://www.esrs.gov/

H.7 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for vouchers submitted under the contract) shall be subject to the following procedures:

(a) Technical correspondence (where technical issues relating to compliance

With TO specifications are involved) shall be addressed to the COR with information copies to the CO/CS.

(b) All other correspondence (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of the contract) shall be addressed to the CO/CS with a copy to the COR.

H.8 CONTRACTOR COMMITMENTS, WARRANTIES, REPRESENTATIONS

Any written commitment by the Contractor within the scope of the contract shall be binding upon the

Contractor. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable under the default provisions for damages due to FEMA under the terms of the contract. For the purpose of the resulting contract, a written commitment by t h e Contractor is limited to the proposal submitted by the

Contractor and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or representation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or specifications accompanying or referred to in a proposal, and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

H.9 USE OF FEMA NAME OR CONTRACTUAL RELATIONSHIP IN ADVERTISING

The Contractor agrees not to refer to awards from or contracts with FEMA in commercial advertising in such a manner as t o state or imply that the product or service provided is endorsed or preferred by FEMA or is superior to other products or services. The Contractor also agrees not to distribute or release any information which states or implies that FEMA endorses, uses, or distributes the Contractor's product or service.

H.10 NEWS RELEASE

No news release pertaining to the contract will be made without prior agency approval, as appropriate, and then only in coordination with the CO.

H.11 CONTRACTING OFFICER’S REPRESENTATIVE

The CO will designate, in writing, an authorized representative(s) to discharge such duties and responsibilities as may be delegated to him/her. The representative(s) will not have authority to change or alter any of the terms and conditions of t h e contract. The CO has the sole authority to make changes in the contract. The Contractor will be furnished a copy of the COR delegation.

H.12 KEY PERSONNEL REQUIREMENTS

A. Certain skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under the contract. These are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The Contractor agrees that such personnel shall not be removed from the contract or replaced without compliance with paragraphs (B) and (C) hereof.

B. If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under the contract for a continuous period exceeding ten (10) calendar days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the

Contractor shall immediately notify the CO and shall, subject to the concurrence of the CO or his/her authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

C. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested or needed by the CO to approve or disapprove the proposed substitution. The CO or his/her authorized representative will evaluate such requests and promptly notify the Contractor in writing of his approval or disapproval thereof.

D. If the CO determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated at the discretion of the CO for default or for the convenience of the Government, as appropriate, if he/she finds the…