2.1.1 70FB8025R00000018_MHU Soliciation 2025_Final_Rev2_June 27, 2025.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

70FH10

WASHINGTON DC 20472

3RD FLOOR 500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY OCCPO

FEMA HQ

CODE 16. ADMINISTERED BYCODE

X

X

321991

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70FH10

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

07/08/2025 1400 ET

06/23/2025

504-390-9155Anthony Collins (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FB8025R00000018

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 83 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

OFFICE OF CHIEF PROCUREMENT 500 C ST SW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

FEMA HQ

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This solicitation is for a multiple award indefinite-delivery, indefinite-quantity contract for FEMA Next Generation (Next Gen) Manufactured Housing Units (MHU) (Next Gen MHU). This requirement is full and open with a partial small business set-aside.

First article testing will be funded at the delivery order stage.

Detailed information and designs for these items (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Sherwin C. Turner

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

are included in the solicitation attachments.

In accordance with Executive Orders 14168 and

14173, the following notices are incorporated into this contract:

Notice #1: System updates may lag policy updates.

The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror

Representations and Certifications— Commercial

Products and Commercial Services. Additional examples include 52.212-5, Contract Terms and

Conditions Required to Implement Statutes or

Executive Orders—Commercial Products and

Commercial Services, and 52.213-4, Terms and

Conditions— Simplified Acquisitions (Other Than

Commercial Products and Commercial Services).

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) of 52.212-3, Offeror

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

83 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 83

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB8025R00000018

Representations and Certifications—Commercial

Products and Commercial Services;

• Paragraphs (b)(33), (b)(34), (e)(1)(ix), and

(e)(1)(x) of 52.212-5, Contract Terms and

Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and

Commercial Services;

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of

Alternate II of 52.212-5, Contract Terms and

Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and

Commercial Services; and Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and

Conditions— Simplified Acquisitions (Other Than

Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

(End of Notice)

4) As a result of the President’s Executive Order

(E.O.) 14148 of January 21, 2025, “Initial

Rescissions of Harmful Executive Orders and

Actions” and Section 2 of Executive Order 14208, “Ending Procurement and Forced Use of Paper

Straws. The following notice is hereby incorporated in the contract.

5) As a result of the President's Executive Order

(E.O.) 14173 and 14168, "Contractor acknowledges that this order shall conform to DHS FAR Class

Deviation 25-01, dated February 21, 2025, implementing Executive Orders 14173 and 14168.

“System updates may lag policy updates. The

System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public

Disclosure of Greenhouse Gas Emissions and

Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and

Certifications—Commercial Products and Commercial

Services. Components shall not consider or use

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 83

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB8025R00000018

these representations.

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) and (t) of 52.212-3, Offeror

Representations and Certifications—

• Commercial Products and Commercial Services;

• Paragraphs (b)(33), (b)(34), (e)(1)(ix), and

(e)(1)(x) of 52.212-5, Contract Terms and

Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and

Commercial Services. Additionally, per this deviation, in paragraph (b)(46), E.O. 14057 does not apply;

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of

Alternate II of 52.212-5, Contract Terms and

Conditions Required To Implement Statutes or

Executive Orders—

• Commercial Products and Commercial Services;

and Paragraphs (a)(1)(vii) and (a) (1)(viii) of

52.213-4, Terms and Conditions—Simplified

Acquisitions (Other Than Commercial Products and

Commercial Services). Additionally, per this deviation, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

Entities are not required to, nor are they able to update their entity registration to remove these representations in SAM.”

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION A - Section A Section A

SECTION B - Supplies or Services/Prices SECTION C - Contract Clauses SECTION D - List of Documents, Exhibits and Other Attachments SECTION E - Solicitation Provisions SECTION L - Instruction to Offerors

SECTION A - Section A

Section A

Continuation of SF1449 - Line Item Schedule

Item/Sub Number Description Quantity Unit of

Issue Unit Price Total Item Amount

NextGen Express One Bedroom - 8’ X 48’ Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

NextGen 14 Ft Wide One Bedroom - 13’6” X 42’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

NextGen 14 Ft Wide Two Bedroom - 3’6” X 50’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ 2 Bath Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ 1 Bath Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

MHU CWUI Type - NextGen Express One Bedroom - 8’ X 48’ Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

MHU CWUI - Type NextGen 14 Ft Wide One Bedroom - 13’6” X 42’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

MHU CWUI Type - NextGen 14 Ft Wide Two Bedroom - 3’6” X 50’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

MHU CWUI - NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

MHU CWUI - NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ 1 Bath Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

0011 1 Bedroom CONUS &/or OCONUS Standard ATTHU 1 EA

0012 2 Bedroom CONUS &/or OCONUS Standard ATTHU 1 EA

Item/Sub Number Description Quantity Unit of

Issue Unit Price Total Item Amount

0013 3 Bedroom CONUS &/or OCONUS Standard ATTHU 1 EA

0014 Installation of ATTHU 1 EA

0015 ATTHU - 1 Bedroom Factory Standard 14 Ft Wide Manufactured Home 1 EA

0016 ATTHU - 2 Bedroom Factory Standard 14 Ft Wide Manufactured Home 1 EA

0017 ATTHU - 3 Bedroom Factory Standard 14 Ft Wide Manufactured Home 1 EA

FIRST ARTICLE - NextGen Express One Bedroom - 8’ X 48’ This CLIN is for the supply of one unit to FEMA for First Article Testing and Inspection to be conducted at the contractor's facility. The characteristics that the First Article shall meet are specified in Section C. The contractor shall deliver first article units as detailed in Section C. Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - NextGen 14 Ft Wide One Bedroom - 13’6” X 42’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - NextGen 14 Ft Wide Two Bedroom - 3’6” X 50’8” This CLIN is for the supply of one unit to FEMA for First Article Testing and Inspection to be conducted at the contractor's facility. The characteristics that the First Article shall meet are specified in Section C. The contractor shall deliver first article units as detailed in Section C. Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ This CLIN is for the supply of one unit to FEMA for First Article Testing and Inspection to be conducted at the contractor's facility. The characteristics that the First Article shall meet are specified in Section C. The contractor shall deliver first article units as detailed in Section C. Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - NextGen 14 Ft Wide Three Bedroom, 1 Bathroom - TBD This CLIN is for the supply of one unit to FEMA for First Article Testing and Inspection to be conducted at the contractor's facility. The characteristics that the First Article shall meet are specified in Section C. The contractor shall deliver first article units as detailed

1 EA

Number Description Quantity Unit of

Issue Unit Price Total Item Amount in Section C. Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

FIRST ARTICLE - MHU CWUI Type - NextGen Express One Bedroom - 8’ X 48’ Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - MHU CWUI - Type NextGen 14 Ft Wide One Bedroom - 13’6” X 42’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - MHU CWUI Type - NextGen 14 Ft Wide Two Bedroom - 3’6” X 50’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - MHU CWUI -

NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

FIRST ARTICLE - MHU CWUI -

NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ 1 Bath Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

1 EA

Express 1 BR Unit Delivery - Selma, AL Delivery of MHU from contractor production facility to the FEMA Staging Yard in Selma, AL. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

1 BR Unit Delivery - Selma, AL Delivery of MHU from contractor production facility to the FEMA Staging Yard in Selma, AL. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

2 BR Unit Delivery - Selma, AL Delivery of MHU from contractor production facility to the FEMA Staging Yard in Selma, AL. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

3 BR Unit Delivery - Selma, AL Delivery of MHU from contractor production facility to the FEMA Staging Yard in Selma, AL. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

0032 3 BR 1 Bath Unit Delivery - Selma, AL Delivery of MHU from contractor 1 EA

Number Description Quantity Unit of

Issue Unit Price Total Item Amount production facility to the FEMA Staging Yard in Selma, AL. Delivery shall be in accordance with contract requirements and statement of work.

Express 1 BR Unit Delivery - Cumberland, MD Delivery of MHU from contractor production facility to the FEMA Staging Yard in Cumberland, MD. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

1 BR Unit Delivery - Cumberland, MD Delivery of MHU from contractor production facility to the FEMA Staging Yard in Cumberland, MD. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

2 BR Unit Delivery - Cumberland, MD Delivery of MHU from contractor production facility to the FEMA Staging Yard in Cumberland, MD. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

3 BR Unit Delivery - Cumberland, MD Delivery of MHU from contractor production facility to the FEMA Staging Yard in Cumberland, MD. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

3 BR 1 BATH Unit Delivery - Cumberland, MD Delivery of MHU from contractor production facility to the FEMA Staging Yard in Cumberland, MD. Delivery shall be in accordance with contract requirements and statement of work.

1 EA

Express unit delivery to Other Location Per Mile To be completed at the time of Delivery Order (DO).

1 DH

1 Bedroom unit delivery to Other Location Per Mile To be completed at the time of Delivery Order (DO).

1 DH

2 Bedroom unit delivery to Other Location Per Mile To be completed at the time of Delivery Order (DO).

1 DH

3 Bedroom unit delivery to Other Location Per Mile To be completed at the time of Delivery Order (DO).

1 DH

ATTHU delivery to Other Location Per Mile To be completed at the time of Delivery Order (DO).

1 DH

Transportation of TPS from Cumberland, MD to Factory To be completed at the time of Delivery Order (DO)

1 EA

Additional/Accessory Material - Additional materials, as described in the attached Pricing Worksheet. Pricing information for items under this CLIN shall be included in the attached Pricing

1 LO

Number Description Quantity Unit of

Issue Unit Price Total Item Amount

Worksheet for Contractors, Attachment 15 of the solicitation. Items delivered under this CLIN will be detailed and ordered via delivery order, either as part of a FEMA order for MHUs, or as a standalone order. To be completed at the time of Delivery Order (DO).

Shipping of miscellaneous materials included but not limited to items in Attachment 15. To be completed at the time of Delivery Order (DO).

1 LO

Time & Material - Labor for repairs to manufactured homes that are not covered under the warranty. To be completed at the time of Delivery Order (DO). During the repair of an MHU there may be issues that cannot be foreseen in advance but are required to complete the repair. This CLIN is only to be used if the work required does not fit within the definition of any other CLIN. The contractor shall develop a price proposal which includes all expenses related to the unforeseen work and present the estimate to the CO/COR for review. Once the CO/COR has agreed to a price for the work, the final price will become a fixed unit price.

Payment for work completed under this section is CLIN # 0046.

Travel required to make repairs to manufactured homes that are not covered under the contract warranty. To be completed at the time of Delivery Order

(DO)

Materials for repairs of manufactured homes not covered under contract warranty. To be completed at the time of Delivery Order (DO)

1 LO

Other Direct Cost (ODC) - To be completed at the time of Delivery Order

(DO)

1 EA

Unit Power Up Cost (PWRUP) To be completed at the time of Delivery Order

(DO).

1 EA

Storage of MHU or ATTHU (includes the use of jack stands and other necessary parts/labor) To be completed at the time of Delivery Order (DO)

1 EA

SECTION B - Supplies or Services/Prices

B.1 Agency/Office:

Federal Emergency Management Agency (FEMA)

B.2 Description of Requirement:

Next Generation (NexGen) Manufactured Housing Units (MHU), CWUI, and ATTHUs - The Contractor shall manufacture the MHUs in accordance with the following attachments MHU Statement of Work (Attachment 2), the FEMA provided Design Packages and CAD Drawings; Typical NextGen MHU Details; and FEMA NextGen Calculations.

B.3 Price/Cost Schedule

The items contained in the price lists and the schedule of this contract are the offerings that the Government purchase under this IDIQ. This is a hybrid contract with both firm fixed price and time and material CLINs.

See Attachment 1, NextGen MHU Pricing Spreadsheet

B.3(a) MINIMUM AND MAXIMUM ORDERING LIMITATION The guaranteed minimum for the life of each IDIQ contract is $25K. The contract maximum for each awardee shall not exceed an estimated ceiling of $980.75M for the base year and all option periods, if options are exercised. The contract maximum is not a contractual guarantee.

B.4 Period of Performance

The period of performance for the IDIQ will have a base period of one (1) year and four (4) one-year option periods. The period of performance and unit delivery requirements shall be stated on individual task orders. The ordering period of the basic contract shall be five (5) years from date of award.

Base Period - 9/23/2025 - 9/22/2026 Option Period I - 9/23/2026 - 9/22/2027 Option Period II - 9/23/2027 - 9/22/2028 Option Period III - 9/23/2028 - 9/22/2029 Option Period IV - 9/23/2029 - 9/22/2030

B.5 Identification of Government Officials

B.5.1 Government Officials Assigned to this Contract:

Primary FEMA Contracting Officers:

Sherwin C. Turner, Contracting Officer sherwin.turner@fema.dhs.gov

Anthony J. Collins, Jr., Contract Specialist anthony.collins@fema.dhs.gov

Maurice Randolph, Contract Specialist maurice.randolph@fema.dhs.gov

Contracting Officer’s Representatives:

Patrick Tarleton patrick.tarleton@fema.dhs.gov

Christopher Owes christopher.owes@fema.dhs.gov

B.5.2 Invoice Approval

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice Approver:

Name: Patrick Tarleton Title: Contracting Officer’s Representative Phone: 202.380.7818 Email: patrick.tarleton@fema.dhs.gov

Name: Christopher Owes Title: Contracting Officer’s Representative Phone: 202.412.6048 Email: christopher.owes@fema.dhs.gov

B.6 Invoice Instructions

Invoices/vouchers shall be submitted to Finance-Vendor-Payments@fema.dhs.gov and shall be submitted in accordance with the requirements of FAR 52.212-4.

B.7 Statement of Work See attached Statement of Work, along with documents, designs, and specifications referenced therein, listed in Section D - List of Documents, Exhibits and Other Attachments.

Task Orders awarded under this IDIQ may be a DX rated order or a DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation in any Task Order that is DPAS rated.

B.8 Correspondence Procedures

To promote timely and effective administration, correspondence (except for invoices and reports) submitted under this contract is subject to the following procedures:

(a) Subject Line(s) - All correspondence should contain a subject line, commencing with the contract number and subject matter. An example is illustrated below:

SUBJECT: CONTRACT NO. (70FBR8025DXXXXXXXX), REQUEST FOR SUBCONTRACT

CONSENT.

(b) Technical Correspondence - Technical correspondence (as used herein, this term excludes correspondence where patent or proprietary data issues are involved or correspondence which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms, or conditions of this contract) should be addressed to the FEMA/Contract Specialist (CS), with an information copy of the correspondence to FEMA Contracting Officer Representative (COR).

mailto:Finance-Vendor-Payments@fema.dhs.gov

SECTION C - Contract Clauses

25.101 General.

52.203-3 Gratuities. (APR 1984)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.204-4 Reserved

52.204-7 System for Award Management. (NOV 2024)

52.204-7 System for Award Management. (OCT 2018) - Alternate I (OCT 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (DEC 2023)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018)

52.211-17 Delivery of Excess Quantities. (SEP 1989)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023) - Alternate I (NOV 2021)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. 10 percent of labor rate attributable to profit.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

As used in this clause-

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Out of warranty repair cost.

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: None

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate…