2.4.1 Amendment 1 Combined Synopsis and Solicitation for TTHU TSS IDIQ 5.24.2024.rtf

U.S. Department of Homeland Security 500 C Street SW, Washington, DC 20472 file_0.jpg file_1.wmf

COMBINED SYNOPSIS/SOLICITATION NOTICE

for Technical Support Services Transportable Temporary Housing Quality Assurance and Forensic Analysis 70FB8024R00000021

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 15.204-1 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a proposal.

Solicitation Number #70FB8024R00000021 is issued as a Request for Proposal (RFP), full and open.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-06, effective February 23, 2024, and Homeland Security Acquisition Regulations (HSARS), effective July 21, 2023. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at:

https://www.acquisition.gov/; https://www.acquisition.gov/hsar; and https://www.dhs.gov/publication/current-hsar-deviations.

The North American Industrial Classification System (NAICS) code for this acquisition is:

511330 – Engineering Services; Small Business Size Standard in US dollars: $25.5M

A list of line-item number(s) and items, quantities, and units of measure (including options) is at Attachment 7 – Pricing Table.

Description of requirements: The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) proposes to issue a multiple award Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract vehicle to support its Transportable Temporary Housing Unit (TTHU) Program through quality monitoring and investigations of Transportable Temporary Housing Units (TTHUs) inside and outside the continental United States. The FEMA TTHU program oversees the entire TTHU lifecycle, which includes development of requirements, purchase, storage, transportation, installation, training, maintenance, deactivation, and disposal. See Attachment 1 – Statement of Objectives (SOO) for a detailed description of the requirements.

The place of performance for this requirement is within the Continental United States (CONUS).

The provision at FAR 52.212-1, Instructions to Offerors — Commercial Products and Commercial Services, do not apply to this acquisition.

The provision at FAR 52.212-2, Evaluation — Commercial Products and Commercial Services, do not apply to this acquisition.

The provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, applies to this acquisition. The Offeror must check or complete all appropriate boxes or blanks in the Representations and Certifications. The Representations and Certifications must be executed by an individual authorized to bind the Offeror. See Section K for full text provision. Offerors must complete annual representations and certifications online at https://sam.gov/content/home, in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and is incorporated in the solicitation.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition.

See Section H – Special Contract Requirements for additional contract requirements and terms and conditions that apply to this acquisition.

A Defense Priorities and Allocations System (DPAS) rating is not assigned.

All questions/inquiries concerning the Solicitation and submission of proposals must be submitted via email to the cognizant Contracting Officer (CO) Keturah Stroy at Keturah.Stroy@fema.dhs.gov, and Contract Specialist (CS) Ejona Lika at Ejona.Lika@fema.dhs.gov, no later than 11:00 a.m. ET on May 21, 2024 using Attachment 8 – Questions Submission Matrix. Telephone inquiries will not be accepted.

Proposals must be submitted via email to the cognizant Contracting Officer (CO) Keturah Stroy at Keturah.Stroy@fema.dhs.gov, and Contract Specialist (CS) Ejona Lika at Ejona.Lika@fema.dhs.gov, no later than June 5, 2024, at 11:00 a.m. ET.

See Section G – Contract Administration Data for point of contact information.

DISCLAIMER: All Prime and Sub-Contractors on FEMA FY2018 LOGHOUSE Contracts, or successor as well as all Prime and Sub-Contractors on FEMA FY2021 NextGen MHU Contracts, or successor shall provide a Conflict-of-Interest Mitigation Plan for evaluation should they decide to submit an offer to the TTHU TSS solicitation due to the potential for a conflict of interest between service providers.

LOGHOUSE Contract numbers: 70FB8018D00000010, 70FB8018D00000011, 70FB8018D00000012, 70FB8018D00000013, 70FB8018D00000021, 70FB8018D00000022.

NextGen MHU Contract: 70FB7021D00000005, 70FB7021D00000006, 70FB7021D00000008, 70FB7021D00000009, 70FB7021D00000010, 70FB7021D00000011.Solicitation Number 70FB8024R00000021

SECTION B - SUPPLIES OR SERVICES

B.1 GENERAL DESCRIPTION

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) has a requirement to support its Transportable Temporary Housing Unit (TTHU) Program through quality monitoring and investigations of TTHUs inside and outside the continental United States.

B.2 CONTRACT TYPE

This is a multiple award Indefinite Quantity Indefinite Delivery (IDIQ) contract type, with Firm Fixed Price (FFP, Labor- Hour (LH), and Cost Reimbursable (CR) contract line items (CLINS), as defined under Subparts 16.2, 16.3, and 16.6 of the Federal Acquisition Regulation (FAR). Travel costs may be included in specific orders at the discretion of the Contracting Officer. Any authorized travel expenses shall not exceed the amounts expressed in the Federal Travel Regulation. Specific contract type for each task order will be identified at the task order level.

The Government shall not issue, and the Contractor shall not accept Task Orders under this IDIQ Contract for the procurement of services that are not within scope of the requirement as clearly described in Section C.

All Task Orders (TOs) shall be priced in accordance with the pricing set forth in the Government provided Pricing Schedule, Attachment 7.

Hourly rates in Attachment 7 reflect the fully burdened rates. The fully burdened prices include all direct, indirect, general and administrative costs and profit associated with providing the required performance. Department of Labor (DoL) Wage Determinations (WD) and labor categories (LCATs) are fully applicable, including minimum wage rates and fringe benefits as included within the DOL prevailing wage determinations (see Attachment 9) incorporated into the contract.

The contracting officer will decide the contract type for each task order based upon the need, type and complexity of the requirement, schedule, and regulatory guidance. Task orders may be issued to include options and may be awarded with a base period of up to twelve (12) months with up to four (4) option periods with each option period not to exceed twelve (12) months.

B.3 PRICE/COST SCHEDULE

The Government provided a Pricing Schedule, Attachment 7- Pricing Table.

Task Orders will be issued as a Firm-Fixed Price and /or Labor Hour. All ODCs (supplies, travel, transportation, miscellaneous etc.) are Cost Reimbursement and will be negotiated at the task order level. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. The Not to Exceed Ceiling for this CLIN will be determined at the task order level.

CLINS

DESCRIPTION

Direct Labor (Firm-Fixed-Price or Labor Hours) – Base Period Other Direct Cost / Travel (Cost Reimbursement to be priced at the task order level) – Base Period Miscellaneous (Cost Reimbursement) – Base Period Direct Labor (Firm-Fixed-Price or Labor Hours) - Option Period 1 Other Direct Cost / Travel (Cost Reimbursement to be priced at the task order level) –Option Period 1 Miscellaneous (Cost Reimbursement) – Option Period 1 Direct Labor (Firm-Fixed-Price or Labor Hours) – Option Period 2 Other Direct Cost / Travel (Cost Reimbursement to be priced at the task order level) –Option Period 2 Miscellaneous (Cost Reimbursement) – Option Period 2 Direct Labor (Firm-Fixed-Price or Labor Hours) – Option Period 3 Other Direct Cost / Travel (Cost Reimbursement to be priced at the task order level) – Option Period 3 Miscellaneous (Cost Reimbursement) – Option Period 3 Direct Labor (Firm-Fixed-Price or Labor Hours) – Option Period 4 Other Direct Cost / Travel (Cost Reimbursement to be priced at the task order level) – Option Period 4 Miscellaneous (Cost Reimbursement) – Option Period 4

B.4 MINIMUM AND MAXIMUM FUNDING LIMITATION

The guaranteed contract minimum award amount for this multiple award indefinite-delivery, indefinite-quantity (IDIQ) contract is a total amount of $10,000.00 for each resultant contract. This will satisfy the minimum ordering requirement for the IDIQ contract. The guaranteed minimum applies solely to the base period. At the time of award, Task Order 1, Readiness TO will be issued and funded, satisfying the guaranteed minimum requirement for the IDIQ (see Attachment 2 – PWS Task Order 1, Readiness for additional details).

The maximum contract ceiling amount for this indefinite quantity contract (including options, if exercised) shall not exceed $14,940,170.53. 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 services, the total amount of services ordered under this contract shall not exceed the total capacity of the vendor under this contract to provide the subject services in support of the presidentially declared disaster(s) or emergency(ies).

END OF SECTION B

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment 1-Statement of Work (SOO) – TTHU TSS IDIQ Each task order will incorporate its own, more detailed requirements document.

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. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far .

FAR Clause Title Date 52.246-4

INSPECTION OF SERVICES--FIXED-PRICE

AUG 1996

52.246-5

INSPECTION OF SERVICES-COST-REIMBURSEMENT

APR 1984

E.2 PERFORMANCE EVALUATION

This is a performance-based contract. During performance of this contract, the Contractor shall be evaluated by the CO, the Contracting Officer Representative (COR), and/or other designated personnel, in accordance with the overall level of compliance with the contract and the demonstrated quality and timeliness of the services provided at the task order level.

Offerors shall include a Quality Assurance Surveillance Plan (QASP) as part of their proposal. The QASP will list the performance requirements 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.3 ACCEPTANCE

Acceptance for all work and effort under this Contract shall be accomplished by the CO, the COR, or any other duly authorized Government representative.

The basis for acceptance shall be in compliance with the requirements set forth in Section C, the terms and conditions of this contract, and other terms and conditions specified at the Task Order level. Services and/or deliverable items rejected shall be corrected in accordance with the applicable clauses.

Reports, documents, and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

Non-conforming products or services will be rejected or revised as directed by the Task Order CO or COR as specified in Section C. Unless otherwise agreed by the parties, deficiencies will be corrected within five (5) business days of the rejection notice. If the deficiencies cannot be corrected within the specified period, the Contractor will immediately notify the Task Order Contracting Officer of the reason for the delay and provide a proposed corrective action plan within two (2) business days.

END OF SECTION E

SECTION F – DELIVERY 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. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far .

FAR Clause Title Date 52.242-15

STOP-WORK ORDER

AUG 1989

F.2 PERIOD OF PERFORMANCE

Base period: 12 months from date of award Option Period 1: 12 months Option Period 2: 12 months Option Period 3: 12 months Option Period 4: 12 months

F.3 TASK ORDERS

Tasks under this contract shall be performed through the issuance of Task Order Proposal Requests (TOPR). The period of performance and delivery dates will be established with each order. The contractor shall submit a technical proposal in response to each request within the timeframe specified. Contractors will be required to provide rapid response to the TOPRs. Contractors may only be given 24 hours to submit a task order proposal due to urgent and compelling circumstances. The proposal shall include a detailed description of the work to be accomplished. A cost proposal shall be submitted with the response. After review and approval of the proposal, the Contracting Officer may issue the task order.

Task Orders issued will have their own period of performance and may include options. Task orders may be issued prior to and may not be completed before the IDIQ ends. Task orders issued prior to the end of the period of performance for the IDIQ may extend up to one (1) period beyond the IDIQ period of performance.

FEMA reserves the right to decline to issue a specific task order to the contractor after reviewing the contractor's proposal. No reimbursement shall be made for preparation of task proposals. After issuance of a task order, no changes in scope of work, or changes in delivery dates shall be undertaken without the explicit authorization of the Contracting Officer.

F.4 PLACE OF PERFORMANCE

Services may be required at any locations within the United States and its territories. The place(s) of performance will be designated in each task orders.

F.5 DELIVERABLE

IDIQ Contract deliverables are listed and described in Attachment 1, SOO. All applicable task order deliverables, and schedule for completion of work to be performed will be specified in task orders issued under this IDIQ contract, as applicable.

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the contract: (a) Assign additional work within the general scope of the contract.

(b) Issue a change in accordance with the clause entitled Changes. (c) Change the cost or price of the contract. (d) Change any of the terms, conditions, specifications, or services required by the contract. (e) Accept non-conforming work. (f) Waive any requirement of the contract.

Contracting Officer – IDIQ Contract Level: Name: Keturah Stroy Email: Keturah.Stroy@fema.dhs.gov"Keturah.Stroy@fema.dhs.gov Contract Specialist – IDIQ Contract Level: Name: Ejona Lika Email: Ejona.Lika@fema.dhs.gov

Contracting Officer’s Representative – IDIQ Contract Level and Task Order Level: Name: Parker Holloway Email: Parker.Holloway@fema.dhs.gov"Parker.Holloway@fema.dhs.gov Alternate Contracting Officer's Representative – IDIQ Contract Level and Task Order Level: Name: Christopher Owes Email: Christopher.Owes@fema.dhs.gov"Christopher.Owes@fema.dhs.gov

All warranted DHS/FEMA Contracting Officers COs are considered task order level CO’s. Task order COs may negotiate additional terms and conditions to task orders at their discretion, but they do not have the authority to change or include terms and conditions that conflict with those established at the IDIQ contract level.

Task order COs may designate individual task orders Level CORs that will be responsible for the day-to-day coordination of that task order. The COR for each Task Order will be appointed by the task order CO through a written designation. A copy of the letter of appointment with specific duties and responsibilities will be provided to the Contractor.

TASK ORDER PLACEMENT PROCEDURES

The Government will order any services to be furnished under this IDIQ contract by issuing Task Orders from the effective date of the IDIQ contract through the expiration date of the IDIQ contract.

Warranted COs may directly place Task Orders under the IDIQ contract to obtain in-scope services. Ordering offices will be responsible for the issuance, administration, payment, and closeout of their Task Orders. All orders are subject to the terms and conditions of this IDIQ contract. In the event of conflict between an awarded Task Order and this IDIQ contract, the IDIQ contract shall prevail.

Under no circumstances, will a Task Order change the requirements of the IDIQ contract. Should the IDIQ contract require such a change, specific approval must first be obtained from the IDIQ contract CO.

Issued Task Orders will identify the services required, provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government- Furnished Property (GFP), Government- Furnished Information (GFI) and/or Government furnished workspace) and activate performance.

TECHNICAL DIRECTION AND SURVEILLANCE

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.

The COR does not have the authority to, and shall not, issue any technical direction which.

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

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

The technical direction is rescinded in its entirety.

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.

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.

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.

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:

GENERAL INFORMATION

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:

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.

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”.

(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.

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.

In addition, you need to maintain current information in the System for Award Management (SAM) database. The government may reject invoices if you have not maintained your registration, including Electronic Funds Transfer (EFT) information, in the SAM database.

G.5 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for disputes resolution, Alternative Dispute Resolution (ADR). ADR is an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA’s ADR services, please contact FEMA’s ADR office at the following address:

Federal Emergency Management Agency Alternative Dispute Resolution Division FEMA Office of Chief Counsel 400 Virginia Avenue, SW Washington, DC 20472-3400.

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claim (CFC).

Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.

Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.

Definitions.

Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.

Submission Guidelines.

Agency protests may be filed through the contracting officer or, at a level above the contracting officer, through the ombudsman email as follows:

FEMA

Keturah Stroy, Contracting Officer / Keturah.Stroy@fema.dhs.gov"Keturah.Stroy@fema.dhs.gov

- or - FEMA David Orris, Ombudsman / David.orris@fema.dhs.gov The subject line of the email shall state “Agency Protest (and the name of the solicitation or contract)”.

If the protester submits the protest directly through the ombudsman, the protester must also, within one (1) day of submitting the protest to the ombudsman, submit a copy of the protest to the responsible contracting officer by email transmission or by “Certified Mail” (Return Receipt Requested).

h. All information establishing the timeliness of the protest.

5. All protests must be signed by an authorized representative of the protester; and must be addressed to the contracting officer or the ombudsman.

Timeliness/Resolution of Protests.

Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening, or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.

Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester but shall be filed not later than 10 days after the date on which the debriefing is held.

Protests filed through the contracting officer within 20 days after the protest is filed through the contracting officer, the contracting officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)”.

Appeals.

Protests filed through the ombudsman:

Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely, or the protest fails to clearly state legally sufficient grounds of protests).

END OF SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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 this contract with prior written permissions from FEMA.

SERVICE CONTRACT WAGE DETERMINATION

The resulting contract 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 9, shall be used for purposes of price proposal preparation to establish a fair base line for price comparison.

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.

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 period of performance. For example, if the total value of the contract for each period is $1 million and the total period of performance is a base period and four one-period options, the subcontracting goal for all small businesses for the base period and every option period 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 43% Small Disadvantaged Businesses (SDB), both Section 8(a) and non-Section 8(a) firms 5% Women-Owned Small Businesses (WOSB) 5% Service-Disabled Veteran-Owned Small Businesses (SDVOSB) 5% Historically Underutilized Businesses (HUBZone) 3%

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.)

CORRESPONDENCE PROCEDURES

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

Technical correspondence (where technical issues relating to compliance with TO specifications are involved) shall be addressed to the Contracting Officer Representative (COR) with information copies to the CO/Contract Specialist (CS).

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.

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 the 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.

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 to 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.

GOVERNMENT PROPERTY

Government property matters shall follow the same policies and procedures for Government property under FAR Part 45, Government Property and other applicable agency specific regulatory supplements. Unless otherwise specified in a task order, the Contactor shall provide all office equipment and supplies at the Contractor’s sole and exclusive expense, including computers/workstations used in daily operation in support of FEMA. The CO must tailor property clauses, provisions, and other applicable terms and conditions specific to each task order solicitation and award.

FEDERAL HOLIDAYS

The following days are considered Federal holidays and will be observed by the Contractor(s) in performance of work under each task order:

January 01 New Period’s Day 3rd Monday in January Birthday of Martin Luther King, Jr.

3rd Monday in February Washington’s Birthday Last Monday in May Memorial Day June 19 Juneteenth National Independence Day July 04 Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day November 11 Veterans Day 4th Thursday in November Thanksgiving Day December 25 Christmas Day

If any of the above holidays falls on a Saturday, then the preceding Friday is the holiday. If any of the above holidays falls on a Sunday, then the following Monday is the holiday.

In addition to the days designated above as holidays, the Government observes the following as non-working days:

Contractor personnel shall work in accordance with the Government’s designated holiday schedule unless otherwise stated specifically in the task order.

NOTE: Additional non-working days are sometimes authorized, but these are regional in nature (e.g., Inauguration Day in Washington, DC) and not included as Federal holidays for the purposes of this contract.

TRAVEL

H.11.1 Routine Travel Neither Contractor nor subcontractor employees will not be reimbursed for commuter travel for employees between their residences and their regular assigned duty stations, or for travel in support of project start-up and the day-to-day performance of this contract. A regular assigned duty station is defined as the Contractor employee’s continuing place of duty, whether the assignment is permanent or temporary.

H.11.2 Non-Routine Travel Non-routine travel directed by the Government will require the advance written approval of the Contracting Officer or his/her designee and will be reimbursed as ODC expense. Reimbursement shall not exceed the rates and expenses allowed by Federal Travel Regulations (see http://www.gsa.gov “Federal Travel Regulation”) to a Government employee traveling under identical circumstances. The Contractor shall comply with the more restrictive of its own internal policies or with the Government’s policies for making reimbursable travel and per-diem expenditures. Note: if the task order is issued on a labor-hour basis, the provisions of Federal Acquisition Regulation 16.601 apply.

H.12 CONTINGENCIES

The Contractor shall ensure continuity of operations and shall be entirely responsible for maintaining continuity of support for the assigned tasks. Contractor employment and staffing difficulties will not be acceptable justification for failure to meet the requirements of the Statement of Objectives (SOO), Section C of this contract, or the proposed Performance Work Statement (PWS). If required by the task order proposal request, Contractor shall submit a contingency plan to the Contracting Officer, and designees for approval by the task order start date. The plan shall outline the Contractor’s response to operational problems and its anticipated response to unusual events that may occur during the life of the task order and disrupt operations (such as a terrorist attack, personnel strike, extended power failure, etc.) which may require the Contractor to proceed under altered work conditions at locations other than those originally established. The Contractor shall continue to provide the services required by the contract, as directed for the duration of such an emergency situation.

H.13 HOLD HARMLESS AND IMDENNIFICATION

The Contractor shall save, hold harmless, and indemnify the Government against any and all liability, claims, and costs of whatever kind or nature for injury to or death of any person or persons, and for loss, destruction, or damage to any property (including electronic storage areas), occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the willful, negligent, or careless acts or omissions of the Contractor, its subcontractors, or any employee, agent, or representative of the Contractor or its subcontractors.

H.14. SECURITY REQUIREMENTS

All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD). All individuals will be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy.

H.14.1 Unauthorized Disclosure of Classified or Unclassified Information:

Contractors and Subcontractors who are working on this contract shall receive Unauthorized Disclosure of Classified or Unclassified Information training. Access to the training can be obtained at: Unauthorized Disclosure of Classified Information and Controlled Unclassified Information (usalearning.gov) Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

H.14.2 Facility Access The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel. Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days. Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and an OF306, Declaration for Federal Employment, and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times. FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

H.14.3 Separation from Contract The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence.

The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

When no longer needed for contract performance.

Upon completion of a contractor employee’s employment.

Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

The Contractor or contractor personnel’s failure to return all DHS- or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS or FEMA may subject the contractor personnel and the Contractor to civil and criminal liability.

H.14.4 OPSEC Training:

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief. Access to the briefing can be obtained at OPSEC Awareness for Military Members, DOD Employees and Contractors (usalearning.gov) Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

H.14.5 Insider Threat Training:

Insider Threat training for Contractors can be found at: Insider Threat Awareness (usalearning.gov) Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA Contracting Officer Representative, before the Contractor or Subcontractor is granted access to classified or unclassified information but no later than 30 calendar days after awarded contract. All cleared contractor personnel are required to recertify Insider Threat training annually thereafter.

New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

H.14.6 For Official Use Only (FOUO) Information:

In accordance with DHS Management Directive 11042.1 contractors, consultants, and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS.

It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor will:

Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Contractors and Consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information Non Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.

H.14.7 Foreign Travel and Government-Issued Equipment Per DHS and FEMA IT policy, FEMA employees and contractors are not authorized to take government-issued equipment, including cell phones, computers, or tablets such as iPads, outside of the United States regardless of the reason for travel.

If government-issued equipment is required for official foreign travel, FEMA government employees may request a temporary loaner device through the Mobility Service Center. Office of the Chief Information Officer, Service Center for the duration of their trip.