2.2.1 70FBR622Q00000046 0901.pdf

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A - SOLICITATION/CONTRACT FORM

Reference SF1449

C - DESCRIPTION/SPECIFICATIONs

Statement of Objectives (SOO) referenced in Section J as Attachment A.

D - PACKAGING AND MARKING

If any materials paid for by the Government and obtained by the Contractor for use under this contract are deemed excess and desired to be retained by the Government, then these items shall be neatly repackaged and if necessary, appropriately labeled.

E - INSPECTION AND ACCEPTANCE

FAR 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" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

Reference inspection and acceptance rights as outlined at 52.213-4(d) and as follows:

52.236-27 Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions

Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visit is scheduled on August 30, 2022 between 9:00AM CDT and 1:00PM CDT. You must contact the following at least 24 hours in advance:

Name: Raymond Hixon

Office Phone: (940) 898-5345 Mobile: (202) 258-1728

Email: raymond.hixonjr@fema.dhs.gov

Final

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection:

FEDERAL REGIONAL CENTER

800 NORTH LOOP 288

DENTON TX 76209-3606

Clause Description Date

52.246-12 Inspection of Construction Aug 1996

52.246-13 Inspection--Dismantling, Demolition or Removal of Improvements Aug 1996 https://www.acquisition.gov/far/52.236-2#FAR_52_236_2 https://www.acquisition.gov/far/52.236-3#FAR_52_236_3

Acceptance:

Same as above

For the purpose of this/these clause(s), the Contracting Officer’s Representative (COR). The Contracting

Officer reserves the right to unilaterally designate other Government agents as authorized representatives.

Should such occur, the Contractor will be notified by a written notice.

Contractor Quality Control

General

The Contractor shall provide and maintain an effective quality control program. The burden of proof of contract compliance is placed on the Contractor and not assumed by the Government.

The Contractor's quality control will not be accepted without question and the right to inspect or verify at any time is reserved by the Government.

Kick-Off Conference

After the contract is awarded and before operations are started, the Contractor shall meet with the

COR, or their representatives, and discuss quality control requirements. The Contractor shall furnish the COR within 20 days after award, the following information:

(1) The name and qualifications of the individual performing inspections, giving education, licenses, present job position and previous work experience.

The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the quality control system, and the interrelationship of Contractor and Government inspection.

Quality Control System

(1) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of subcontractors, to insure conformance to applicable specifications and drawings with respect to the materials, workmanship, work effort, finish, functional performance, and identification, with emphasis on the surveillance, tests and submittals required in the Technical Provisions of the contract specifications, including applicable in-plant inspection. This control will be established for all construction except where the Technical Provisions of the contract provide for specific Government control by inspections, tests or other means. The Contractor shall notify the COR or his authorized representative in writing of any proposed change to the Contractor's quality control system; no such change shall be implemented prior to acceptance in writing by the COR or his authorized representative.

(2) Review Submittals: The Contractor's control system will specifically provide for surveillance, coordination, and review of shop drawings, materials and equipment data submittals. Such surveillance, coordination, and review of the aforementioned data shall be made to assure that the submission is complete and in compliance with applicable contract provisions.

The Contractor's control system will be keyed to the proposed work sequence in a manner to prevent deficiencies and/or delays caused by submittals lacking content and text required by the contract technical Provisions. The Contractor will designate, by name, the quality control representative responsible for review, certification and submittal of shop drawings if different than the individual appointed as required in paragraph b.(1) above.

(3) Quality Control Procedures: The Contractor's quality control system at the job site shall follow a 3-step procedure consisting of

(a) a Preparatory Inspection;

(b) an Initial Inspection; and

(c) Follow-up Inspections.

The Contractor's quality control representative will advise the COR at least 24 hours prior to all preparatory and initial inspections. The preparatory and initial inspections will be attended by the applicable quality control representative and the Contractor's individual responsible for implementation of that portion of work at the site. Government personnel may participate in the preparatory, initial inspection, and follow-up inspection.

(a) Preparatory Inspection: A preparatory inspection will be required to ensure that the plant, materials, and equipment meet the submittals and contract requirements. The Contractor will perform preparatory inspections as soon as possible after delivery of plant, equipment and material to the site and, in any event, prior to incorporation of material and equipment in the work.

(b) Initial Inspection: An initial inspection will be required at the start of each new phase of work to establish that methods, techniques, and standards of workmanship are in strict compliance with the contract requirements.

(c) Follow-up Inspections: Follow-up inspections will be performed on a daily or recurring basis as necessary to ensure that work is proceeding in accordance with contract requirements.

Quality Control Reports

The Contractor shall furnish a daily quality control report. The report shall be in accordance with the attached sample or such other form as may be proposed by the Contractor and approved by the COR. Additional check lists and forms for specific operations may be required to supplement the daily inspection form. The report shall include all inspections and tests made. It shall provide factual evidence that the required inspection or tests have been performed, including type and number of inspections or tests, the results, the nature of defects, cause of rejection and the corrective action taken. The daily report shall cover both conforming and defective items. It shall include a statement that all materials and equipment incorporated in the work are in full compliance with the terms of the contract except as noted. The report will cover all items and specifically include the items listed in the quality control paragraphs of the Technical Provisions.

The report will be verified and signed by the prime Contractor's designated quality control representative. The daily reports will be furnished in two copies (original and one (1) duplicate) to the COR. The report will be legibly handwritten in ink or typewritten. Reports shall be submitted not later than the close of business on the first working day following the date of the report. Reports shall have all supporting documents (such as concrete placement checklist) referenced therein. Incomplete reports will not be accepted. Negative reports are required for days during which there is no activity on the project site and will include a brief statement as to why there was no activity during a normal workday or schedule.

Government Inspection

The Government reserves the right to inspect at the source, supplies or services not manufactured or performed within the Contractor's facility. Government inspection shall not constitute acceptance; nor shall it in any way replace Contractor inspection or otherwise relieve the

Contractor of his responsibility to furnish an acceptable end item. When inspection at subcontractors' or suppliers' plant is performed by the Government, such inspection shall not be used by Contractors as evidence of effective inspection by such subcontractors or suppliers.

F - DELIVERIES OR PERFORMANCE

FAR 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" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-14 Suspension of Work Apr 1984

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 calendar days after the date the Contractor receives award notice, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than twelve (12) months after receipt of the award notice. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Utilization of Government Property

The effort required to be accomplished under this contract must be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed. While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are Government employees or agents of the Government and to property at the site regardless of whether or not title to such property vests with the Government.

The Government property to which the Contractor has access will always be in the custody of the

Government and will not be considered "Government Property" furnished to the Contractor. The

Government property to which the Contractor will have access under this clause will be made available during the life of the Contract. In the event the Property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written request made by the

Contractor, make a determination of the delay, if any, occasioned the Contractor thereby, and shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled, "Changes."

Government Furnished Utilities

In accordance with the clause in Section I, 52.236-14, Availability and Use of Utility Services, the Government shall furnish to the Contractor, at date of award, electrical power and domestic water from "existing outlets". These utilities will be provided to the Contractor at no cost.

Interruptions of Utilities

(1) No utility services shall be interrupted by the Contractor to make connections, to relocate, or for any purpose without approval of the COR.

(2) Request for permission to shut down services shall be submitted in writing to the COR not less than 10 days prior to date of proposed interruption. The request shall include the following information:

▪ Nature of Utility (electric, sewer, water, roadway, etc.)

▪ Size of line and location of shutoff

▪ Buildings and services affected

▪ Hours and date of shutoff

▪ Estimated length of time service will be interrupted

(3) Services shall not be shut off until receipt of approval of the proposed hours and date from the COR.

(4) Shutoffs that will cause interruption of Government work operations as determined by the COR shall be accomplished during regular non-work hours or non-workdays of the using agency without any additional cost to the Government.

(5) Operation of valves on water mains will be made by Government personnel. Where shutoff of water lines interrupts service to fire hydrants or fire sprinkler systems, the Contractor shall arrange his operations and have sufficient material and personnel available to complete the work without undue delay or to restore service without delay in event of emergency.

Schedule of Values

Within ten (10) calendar days after receipt of the Notice to Proceed, the Contractor shall submit a Schedule of Values (SOV) to the Contracting Officer, COR, and Alternate COR that will be utilized to process monthly invoices. Future monthly invoice submissions may require an updated SOV based on invoiced amount and actual project progress.

Progress Schedule

a) In accordance with the clause in Section I, 52.236-15, Schedules for Construction Contracts (Apr 1984), the Contractor shall, within five (5) days after work commences, prepare and submit to the Contracting

Officer, COR, and Alternate COR one (1) copy of a practicable Progress Schedule which will reflect physical progress. This chart will be prepared to show the starting and completion dates of all such work features, beginning with date of award and indicating calendar days to completion and/or targeted completion dates.

b) Dates for completion of features of work which will have a critical effect on the overall completion date are "milestone" dates and will be marked on the chart.

c) The Progress Schedule shall be modified by the Contractor to reflect authorized changes in the work and extensions of time. The modified schedule will then be promptly forwarded for approval to the Contracting

Officer.

d) The Progress Schedule shall be the medium through which the timeliness of Contractor work effort is appraised.

Submittals

a) Submittal Control Form: The Contractor shall submit for approval to the Contracting Officer's

Representative (COR) a minimum of one (1) copy of the Submittal Control Form, USACE 4025 or COR /

Alt COR approved alternative form.

(1) Content: Such submittals as shop drawings, including manufacturer's literature, certificates of compliance, material samples, test reports and applicable technical data shall be itemized on the form. For each submittal the form shall include type of submittal, contract requirement reference, Contractor's scheduled dates for submitting such items, who is to perform the review and projected procurement dates.

The form on which to include the above information will be furnished to the Contractor by the COR.

(2) Submittal of Form: In preparing the form, adequate time will be allowed for review, approval and/or comments, and possible re-submittal on those items designated for approval action by the Government. The scheduling will also be coordinated with the progress schedule.

(3) Updating: The Contractor shall keep the form current by making daily entries to include added or deleted items or changes in scheduled dates. Although periodic submittals of the form are not required, the

Contractor shall advise the COR in writing when revisions to the initial scheduling are made. The

Contractor's updated/revised scheduling shall be made available to the COR upon request for monitoring.

The status of shop drawings and other submittals will be considered in determining satisfactory progress in connection with the payment provisions of the contract. Payment for materials on or off site will not be allowed for materials for which appropriate submittals have not been made and certified or approved.

b) Submittal Procedures:

(1) Prior to any submittal of shop drawings, lists of materials, fixtures, and equipment, the Contractor shall review and ensure that such submittal is correct and in strict compliance with the contract drawings and specifications.

(2) Submittals for Government Approval: The Contractor shall submit to the COR a minimum of three (3) sets of all shop drawings, manufacturer's specifications and catalog extracts which have been designated for approval action by the Government.

Submittals of the following items are hereby specifically designated to be submitted to the COR for review and approval:

▪ Extensions of design.

▪ Deviations and/or departure from the contract documents (with a copy furnished to the Contracting Office, directly).

▪ Any items of equipment whose compatibility with the entire system must be checked.

The Contractor shall make any corrections required by the COR. If the Contractor considers any corrections indicated on the submittals to constitute a change to the contract drawings or specifications, notice as required under the clause entitled "Changes" will be given to the Contracting Officer.

(3) Contractor Certified Submittals: Three (3) sets of all Contractor certified shop drawings, material lists, catalog cuts, and equipment lists shall be submitted by the Contractor to the COR not less than two weeks prior to Contractor's procurement of such materials, equipment, etc. Such submittals will be accepted for information purposes only. All samples of materials submitted as required by these specifications shall be properly identified and labeled for ready identification, and upon being certified, stored at the site of the work for jobsite use until all work has been completed and accepted by the COR. Each copy of the drawings, list, etc., reviewed and certified by the Contractor and not designated to be reviewed and approved by the Government shall be identified as having received such review and certification by being so stamped, signed, and dated by the Contractor. The stamp for certification action by the Contractor shall be similar to the following:

CONTRACTOR (Firm Name)

A - Certified to comply with contract drawings and specifications.

B - Certified to comply with contract drawings and specifications as noted on shop drawings and/or attached sheet(s). (Resubmission not required provided installation conforms as noted.)

Signature: _______________________________________

Title: _________________________________________

Date: _________________________________________

(4) Certificates of Compliance: Any certificates required for demonstrating proof of materials with specifications requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Certificates of compliance shall be submitted, to the COR, ten (10) days prior to the use of the material in the project.

(5) Test Reports: Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the reports apply. Certifications shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

c) The COR will review all submittals and return to the Contractor, within 30 calendar days exclusive of mailing time, a statement signifying approval/disapproval of the submittals. The Contractor shall follow the submittal procedures set forth in SUBMITTALS and the specifications. It shall be the Contractor's responsibility to provide materials meeting ASTM and U.L. requirements as stipulated by this contract.

Operating and Maintenance Data and Instructions

The Contractor shall furnish to the COR, prior to the completion of the work under this contract, three (3) copies of an indexed, tabbed maintenance and operations manual to include all mechanical, electrical items as listed below. The binder shall be of the three (3) post type with a sturdy continuous piano hinge with the following information:

a. Operating instructions detailing step-by-step procedures required for system start-up.

b. Maintenance instructions listing routine maintenance procedures, possible breakdowns and repairs shall be furnished.

c. For each component part installed, the instructions shall include manufacturer's name, model number, serial number, operating instructions, service manual showing parts list, dismantling, and reassembly techniques. The service manual shall identify part numbers for ordering replacement parts.

d. Component part guarantees.

e. Manufacturer's cut sheets.

f. Sequence of operation including system control diagram.

g. Manufacturer's test results shall be provided in accordance with the requirements stated in each specification section.

h. Field performance test results shall be provided in accordance with the requirements stated in each of the specification sections.

i. Framed instructions under glass or in laminated plastic, including wiring and control diagrams showing the complete layout of the entire system, including equipment, piping, valves and control sequence, shall be posted where directed. Condensed operating instructions explaining preventive maintenance procedures, methods of checking the system for normal safe operation, and procedures for safely starting and stopping the system shall be prepared in typed form, framed as specified above for the wiring and control diagrams and posted beside the diagrams. Proposed diagrams, instructions, and other sheets shall be submitted prior to posting. The framed instructions shall be posted before acceptance testing of the systems.

G - CONTRACT ADMINISTRATION DATA

INVOICE INSTRUCTIONS (FIXED PRICE)

The contractor shall submit a monthly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. Invoices shall be submitted as follows:

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than

Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions:

SF 1034 – Fixed Price

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - leave blank.

(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.)

(6) Schedule Number; Paid By; Date Invoice Received - leave blank.

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account.

When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page #GOVTFILLIN#INVOICE INSTRUCTIONS (FIXED PRICE)##1#[Insert Total Amount here] of Standard

Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form

1034.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

#GOVTFILLIN#INVOICE INSTRUCTIONS (FIXED PRICE)##2#[Insert Name here] (Name of

Official)

#GOVTFILLIN#INVOICE INSTRUCTIONS (FIXED PRICE)##3#[Insert Title here] (Title)

(13) Quantity; Unit Price - insert for supply contracts.

(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet. INVOICE PREPARATION INSTRUCTIONS

SF 1035

The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the

SF 1035 as long as they contain the information required.

The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:

U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.

Voucher Number - insert the voucher number as shown on the Standard Form 1034.

Schedule Number - leave blank.

Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.

Number and Date of Order - insert payee's name and address as in the Standard Form 1034.

Articles or Services - insert the contract number as in the Standard Form 1034.

Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).

A summary of claimed current and cumulative goods and services delivered and accepted to date. -

Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.

INVOICE APPROVAL (JUN 2014)

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

Title: Contracting Officers Representative

Phone: 202-258-1728

DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

Name, title, phone number, and email of officials of the business concern who are to be notified when the

Government receives an improper invoice.

Offeror to fillin

IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Felicia Castillo

Phone: 202-803-1676

Email: felicia.castillo@fema.dhs.gov

Contracting Officer’s Representative:

Phone: 202-258-1728

BILLING INSTRUCTIONS (JUN 2014)

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA- Finance-

Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the

Contractor, the Contracting Officer, and the payment office.

http://www.gsa.gov/portal/forms/type/SF mailto:Finance-Vendor-Payments@fema.dhs.gov mailto:Finance-Vendor-Payments@fema.dhs.gov

H - SPECIAL CONTRACT REQUIREMENTS

BACKGROUND SECURITY REQUIREMENTS

Background Investigations

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable

Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service. Low Risk without

Information System Access Contractor personnel occupying positions or performing functions with a Low

Risk designation and who do not require access to DHS or FEMA information systems shall undergo a

National Agency Check with Inquiries (NACI) and a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Low Risk With Information System Access

Contractor personnel occupying positions or performing functions with a Low Risk designation and who require access to DHS or FEMA information systems shall undergo a Moderate-Risk Background

Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk

Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Moderate-Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk

Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a Background Investigation (BI) and must receive a favorable adjudication thereof from FEMA

PSD prior to performing work under this contract.

Background Investigation Process

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting

Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The

FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if

•the investigation was completed within the last five years, •it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract, •the contractor personnel have not had a break in employment since the prior favorable adjudication, and

•FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email to the contractor personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the Office of Personnel Management’s Electronic Questionnaires for

Investigation Processing (e- QIP) system and instructions for submitting the necessary information:

•Standard Form 85P, “Questionnaire for Public Trust Positions

• Optional Form 306, “Declaration for Federal Employment”

•SF 87, “Fingerprint Card” (2 copies)

•DHS Form 11000-6, “Non-Disclosure Agreement”

•DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair

Credit Reporting Act”

FEMA PSD will only accept complete packages consisting of all of the above document and Standard

Form 85P, which must be completed electronically through the Office of Personnel Management’s e-QIP system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR will then forward that information to the Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal.

Continued Eligibility and Reinvestigation

Eligibility determinations based on a NACI, MBI or BI are valid for five years from the date that the investigation was completed and closed. Contractor personnel required to undergo a background investigation (NACI, MBI, or BI, as required) to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer

The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor to exclude from working on this contract any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency.

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 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.

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.

Wage Determination

In the performance of this contract the Contractor shall comply with the requirements of the applicable U.S. Department of Labor (DoL) Wage Determination / General Decision Number, which is included as Attachment B to this solicitation / contract

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

Insurance - Work on a Government Installation. (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the

Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

I - CONTRACT CLAUSES

FAR 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" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause

52.202-1 Definitions Jun 2020

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restriction on Subcontractor Sales to the Government June 2020

52.203-7 Anti-Kickback Procedures June 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

Jan 2017

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020

52.204-13 System for Award Management Maintenance Oct 2018

52.204-14 Service Contract Reporting Requirements Oct 2016

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

Nov 2021

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

Jun 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

52.215-2 Audits and Records—Negotiation Jun 2020

52.215-8 Order of Precedence—Uniform Contract Format Oct 1997

52.215-15 Pension Adjustments and Asset Reversions Oct 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other

Than Pensions

July 2005

52.215-19 Notification of Ownership Changes Oct 1997

52.215-21

Requirements for Certified Cost or Pricing Data and Data Other Than Certified

Cost or Pricing Data—Modifications

ALTERNATE IV

Nov 2021

52.215-23 Limitations on Pass-Through Charges Jun 2020

52.219-6 Notice of Total Small Business Set-Aside Nov 2020

52.219-8 Utilization of Small Business Concerns Oct 2018

52.219-14 Limitations on Subcontracting Sept 2021

52.219-28 Post-Award Small Business Program Representations Sept 2021

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation Mar 2018

52.222-6 Construction Wage Rate Requirements Aug 2018

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records July 2021

52.222-9 Apprentices and Trainees July 2005

52.222-10 Compliance with Copeland Act Requirements Feb 1998

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination–Debarment May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988

52.222-15 Certification of Eligibility May 2014

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-26 Equal Opportunity Sept 2016

52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015

52.222-37 Employment Reports on Veterans Jun 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Nov 2021

52.222-54 Employment Eligibility Verification May 2022

52.222-55 Minimum Wages Under Executive Order 13658 Jan 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts

Sept 2013

52.223-3 Hazardous Material Identification and Material Safety Data Feb 2021

52.223-4 Recovered Material Certification May 2008

52.223-5 Pollution Prevention and Right-to-Know Information May 2011

52.223-6 Drug-Free Workplace May 2001

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons

Jun 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners

Jun 2016

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Jun 2020

52.223-19 Compliance with Environmental Management Systems May 2011

52.223-20 Aerosols Jun 2016

52.223-21 Foams Jun 2016

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021

52.227-1 Authorization and Consent Jun 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020

52.227-4 Patent Indemnity–Construction Contracts Dec 2007

52.228-2 Additional Bond Security Oct 1997

52.228-5 Insurance–Work on a Government Installation Jan 1997

52.228-11 Pledge of Assets Feb 2021

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-14 Irrevocable Letter of Credit Nov 2014

52.228-15 Performance and Payments Bonds—Construction June 2020

52.229-3 Federal, State, and Local Taxes Feb 2013

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) Feb 2013

52.232-5 Payments Under Fixed-Price Construction Contracts May 2014

52.232-17 Interest May 2014

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts Jan 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Nov 2021

52.233-1 Disputes May 2014

52.233-3 Protest After Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.236-2 Differing Site Conditions Apr 1984

52.236-3 Site Investigations and Conditions Affecting the Work Apr 1984

52.236-5 Material and Workmanship Apr 1984

52.236-6 Superintendence by the Contractor Apr 1984

52.236-7 Permits and Responsibilities Nov 1991

52.236-8 Other Contracts Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements

Apr1984

52.236-10 Operating and Storage Areas Apr 1984

52.236-11 Use and Possession Prior to Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-13 Accident Prevention Nov 1991

52.236-14 Availability and Use of Utility Services Apr 1984

52.236-15 Schedules for Construction Contracts Apr 1984

52.236-17 Layout of Work Apr 1984

52.236-21 Specifications and Drawings for Construction Feb 1997

52.236-26 Preconstruction Conference Feb 1995

52.242-13 Bankruptcy Jul 1995

52.243-4 Changes June 2007

52.243-5 Changes and Changed Conditions Apr 1984

52.244-5 Competition in Subcontracting Dec 1996

52.244-6 Subcontracts for Commercial Items Jan 2022

52.246-21 Warranty of Construction Mar 1994

52.248-3 Value Engineering—Construction Oct 2020

52.249-2 Termination for Convenience of the Government (Fixed-Price) Alt. I (Sep

1996)

Apr 2012

52.249-10 Default (Fixed-Price Construction) Apr 1984

52.253-1 Computer Generated Forms Jan 1991

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

(a) Definitions. As used in this clause-

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the…