70FBR724Q00000020_A00001- Direct Lease - DR-4796-IA.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL ITEMS

Federal Emergency Management Agency Point of Contact: Stewart Knotts

Phone: (202) 445-7811 Email: stewart.knotts@fema.dhs.gov

Solicitation Number: 70FBR724Q00000020 Posted Date: September 18, 2024 Questions Due: September 19, 2024, by 4:00 pm ET Quotation Due: September 23, 2024, by 4:00 pm ET

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

As a result of this combined synopsis/solicitation, the Government intends on issue one or more single award Blanket Purchase Agreement(s) (BPAs) and/or one or more single award purchase orders in accordance with the Federal Acquisition Regulation (FAR) Part 13 and referenced Statement of Work (SOW). Individual Property Owners with a unit offered in accordance with the SOW may receive a single purchase order. Property Management companies that offer multiple units may receive a BPA. BPA call orders will not be competed, but rather issued upon verification of properties determined to be acceptable to meet the needs of disaster applicant needs.

The Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) has a requirement for Direct Lease Contractors/Property Managers (PM), Housing Solutions Vendors and/or Property Owners. The FEMA Direct Lease Program is a housing assistance program to lease properties not usually available to the public and existing rental units for the purpose of providing temporary housing to eligible applicants who are displaced due severe storms, flooding, straight-line winds, and tornados under FEMA DR-4796 in the State of Iowa. FEMA may utilize these units for eligible applicants who are unable to use rental assistance due to lack of available resources. Note: the term Contractor will be used to refer to Contractor/Property Managers/Housing Solutions Vendors/Property Owners hereafter.

II. Solicitation 70FBR724Q00000020 is being issued as a Request for Quote (RFQ).

III. This solicitation document and its incorporated provisions and clauses are those in Federal Acquisition Circular (FAC 2024-06), effective August 29, 2024.

IV. This effort is solicited as a Small Business Set-Aside under North American Industrial Classification System (NAICS) code is 531110 - Lessors of Residential Buildings and Dwellings. The Small Business Size Standard is $34M.

Please be advised, funds are not presently available. The Government’s obligation under this request is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this award and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

V. Contract Line Items - All interested firms shall provide quotes for the solicited services described in Attachment

01 - SOW.

VI. N/A

VII. Service will be required immediately after award. Period of performance will include one 12-month Base period, with two (2) 3-month Option periods if needed.

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VIII. FAR 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition, as does an addendum.

IX. FAR 52.212-2, Evaluation – Commercial Items

Proposal Instructions: The Contractor’s response must be submitted in two parts (separate e-docs): technical and price e-docs (Each volume shall be separate and complete so that evaluation of each may be accomplished independently. Both the technical and price documents shall be submitted via email to the Contracting Officer.

a) The Government intends to make one or more firm-fixed price awards as a result of this solicitation. Blanket Purchase Agreements (BPAs) and/or individual purchase orders may be awarded to the responsible offeror(s) whose offer(s) confirming to the solicitation will be most advantageous to the Government, price and other factors considered. Offers will be evaluated using a best value criterion. The following factors will be used to evaluate offers:

1. Technical Approach

2. Past Performance

3. Price

Technical and past performance, when combined, are approximately equal to price.

The Government will evaluate each proposal received on the offeror’s ability to provide suitable properties as detailed in this solicitation and its attachments. Best value in this case will be determined upon each offeror’s proposal submission, and how well it meets each eligible applicant’s temporary housing need. Such as, property location, number of bedrooms, Access and Functional Needs (AFN) requirements, pet requirements, and any other specific requirement necessary to adequately support each eligible applicant.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Volume I: Technical

Contractors are required to submit a comprehensive and complete technical plan that demonstrates their ability to perform the tasks described in the SOW. Contractors must be responsive to all the requirements of this notice and provide sufficient information to allow evaluation of the technical quotation per the evaluation factors. It must be concise, well written and presented in a clear straight-forward manner. Factor 1. Technical Approach shall be prepared using the following guidance: Maximum of 10 single-sided pages. Submitted on 8½” x 11” pages, using no less than ten (10) point character size. There are no page limitations for Factor 2. Past Performance. Contractors are required to adhere to all the page limitations. Information found on pages that exceed any page limitation may not be considered. Submission of required Government attachments will not count towards page limitation.

Factor 1: Technical Approach (10-pages)

Offerors shall provide a detailed work plan that addresses plans and resources necessary to satisfy how each offeror will be or exceed requirements to provide the specified number of units in the prioritized counties as outlined in this solicitation.

The response shall include answers to the following questions:

• How do you propose to fulfill and comply with the requirements of the SOW?

• Has the Contractor adequately demonstrated a capacity to perform Direct Lease services as required in the

SOW.

• Has the Contractor established that they have all resources necessary to provide Direct Lease services IAW the SOW.

• Has the Contractor established the ability to provide multiple units in the four (4) following counties:

Buena Vista, Cherokee, Clay, and Sioux?

TECHNICAL APPROACH ADJECTIVAL RATING SCHEME

RATING DESCRIPTION

High Confidence

The Government has a high level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Some Confidence

The Government has a moderate level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Low Confidence

The Government has a low level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Factor 2: Past Performance (no page limit)

The submitted past performance experiences shall be of contractual work that is similar to the requirements set forth in this solicitation. Past experience summaries shall be for projects completed in the last three years or currently in progress, which are of similar size, scope, and complexity relevant to the effort required by this solicitation.

Contracts listed may include those entered into by the Federal Government, agencies of the State and local governments, and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used.

The following information shall be provided for each referenced contract:

a. Program title or project name

b. Contract number

c. Contract type

d. Brief synopsis of work performed.

e. Brief discussion of how the work performed is relevant to this solicitation.

f. Contract value

The Government will consider the aforementioned information, as well as information obtained from any other sources, when evaluating the offeror’s experience. The past performance evaluation will assess the Offeror’s record of recent and relevant work. In this case, recent and relevant is work within the last 3-years for similar service.

RATING DEFINITIONS FOR PAST PERFORMANCE

RATING DESCRIPTION

Exceptional Based on an offeror’s past performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

Satisfactory

Based on an offeror’s past performance record, it is likely that the offeror will successfully perform the required effort.

Unsatisfactory

Based on an offeror’s past performance record, it is not likely that the offeror will successfully perform the required effort.

Neutral

No performance record is identifiable upon which to base a meaningful performance rating.

This is neither a negative nor positive assessment.

The Government will assess the Contractor’s ability to successfully perform the requirements of the solicitation based on the projects submitted in response to this factor and other past performance information available to the Government. The Government will not restrict its consideration to the information provided in the proposal and may consider any other available information available in Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS) and/or first-hand knowledge.

Consideration may be given to: (1) Quality of services provided, (2) Cost control, (3) Schedule/timeliness, (4) Management, and (5) Business relations/Customer Service of the offeror’s past performance. The Offeror will not be evaluated either favorably or unfavorably if it lacks relevant past performance however if the Government finds adverse past performance, the Contractor will not be considered for award.

Volume II: Price

Factor 3. Price

The Offeror’s proposed pricing will be evaluated by ensuring proposed rates are fair and reasonable. Additionally, applicable management, maintenance, utilities fees, and set-up costs will be evaluated in determining fair and reasonable price. Attachment 09: Pricing Schedule will be used for this evaluation.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

X. FAR 52.212-3, Offeror Representation and Certifications, applies to this acquisition. All vendors must be registered in System for Awards Management (http://www.sam/gov/portal) to be eligible for award.

XI. FAR 52.212-4, Contract Terms and Conditions, applies to this acquisition.

XII. FAR 52.212-5, Contract Terms and Conditions Required to Implement Status of Executive Orders – Commercial Products and Commercial Services (Feb 2024) applies to this acquisition, with the following additional clauses specifically cited and applicable to this acquisition: (b)(1) 52.203-6; (b)(4) 52.023-17; (b)(5) 52.204-10;

(b)(7) 52.204-14; (b)(9) 52.204-27; (b)(12) 52.209-6; (b)13) 52.209-9; (b)(18) 52.219-6; (b)(23) 52.219-14; (b)(31) 52.222-3; (b)(33) 52.222-21; (b)(35) 52.222-35; (b)(36) 52.222-36; (b)(37) 52.222-37; (b)(38) 52.222-40; (b)(39) 52.222-50; (b)(40) 52.222-54; (b)(48) 52.223-18; (b)(51)(i) & (ii); (b)(55) 52.225-13; (b)(62) 52.232-33; (c)(1) 52.222-41; (c)(2) 52.222-42; (c)(3) 52.222-43; (c)(7) 52.222-55; (c)(8) 52.222-62.

XIII. In accordance with FAR 52.252-1 and FAR 52.252-2, the following solicitation clauses and provisions are incorporated by reference, available at www.acquisition.gov/far/:

FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-19 Incorporation of Reference of Representation and Certifications FAR 52.224-1 Privacy Act Notification FAR 52.224-2 Privacy Act FAR 52.233-2 Service of Protest FAR 52.246-25 Limitation of Liability – Services

FAR 52.212-1 Addendum – As noted at item VIII this Addendum replaced the text of FAR 52.212-1 in its entirety:

Instructions to Vendors – Commercial Items

(a) Proposals must be received by Monday, September 23, 2024, 4:00 pm ET. Submission shall be via email to stewart.knotts@fema.dhs.gov As a minimum, quotations must contain:

(1) The RFQ number;

(2) The name, address, and telephone number of the Contractor;

(3) Price and any discount terms;

(b) Prospective Offerors must be registered in the System for Award Management (SAM) (www.sam.gov) in order to be eligible for award.

(c) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes

70FBR724Q00000020_A00001

http://www.sam/gov/portal http://www.acquisition.gov/far/ http://www.sam.gov/ options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).”

(1) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods).

Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

(d) Pricing Schedule (Attachment 09): In addition to the Technical and Past Performance evaluation, the Government will award BPAs to the offeror(s) that submit the price that has been determined fair and reasonable based on the services listed in the SOW; in addition to providing all requested documents listed in Submission. Management fees, maintenance fees and set up costs will be evaluated based on average costs and historical data.

The Government intends on award one or more BPAs and/or one or more purchase orders as a result of this solicitation.

FAR 52.217-7, Option for Increased Quantity-Separately Price Line Item

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 3-days of notification. Delivery of added items shall continue at the same rate that like items are called for under the contract unless the parties otherwise agree. (End of clause)

52.217-8 Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 18-months.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a

Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a

Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018;

and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (End of clause)

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52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20-05) (DEC 2020)

(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 Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(l) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.clod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand;

model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause)

52.224-3 Privacy Training – Alternate I (DEVIATION)

(a) Definition. As used in this clause, personally identifiable information means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular A–130, Managing Federal Information as a Strategic Resource).

(b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or

(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.1 and 39.105).

(c) The contracting agency will provide initial privacy training, and annual privacy training thereafter, to Contractor employees for the duration of this contract. Contractor employees shall satisfy this requirement by completing Privacy at DHS: Protecting Personal Information accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Training shall be completed within 30 days of contract award and be completed on an annual basis thereafter not later than October 31st of each year.

mailto:NDAA_Incidents@hq.dhs.gov https://clod.mil/

(d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the Contracting Officer.

(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records. (End of clause)

HSAR 3052.205-70 Advertisements, Publicizing Awards, and Releases

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. (End of clause)

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: https://www.acquisition.gov/browsefar

(a) Clauses.

HSAR 3052.204-71 Contractor Employee Access HSAR 3052.204-72 Safeguarding of Controlled Unclassified Information HSAR 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents HSAR 3052.205-70 Advertisement, Publicizing Awards, and Releases HSAR 3.52-228-90 Insurance HSAR 3052.242–72 Contracting Officer's Representative (Dec 2003)

FAM 3X05.470-90 Press Releases

Advertisements, Publicizing Awards, and Press Releases

All press releases or announcements about Agency programs, projects, and/or contract awards need to be cleared by the FEMA CO. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity press release or commercial advertising without first obtaining explicit written consent to do so from the CO. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or considered to be superior to other products or services.

https://www.acquisition.gov/browsefar

Information Technology Security Awareness Training (Jul 2023)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty

(30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year.

Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award. Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually, and the COR will provide notification when a review is required. (End of clause)

Section 508 Compliance

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L.105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public. All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified: Section 508 Applicable EIT Accessibility Standards

AI Language Clause

The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15 U.S.C. 9401(3), unless expressly authorized by the Contracting Officer.

The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to –

(A) perceive real and virtual environments;

(B) abstract such perceptions into models through analysis in an automated manner; and

(C) use model inference to formulate options for information or action.

XIV. Defense Priorities and Allocations System (DPAS) and assigned rating do not apply.

XV. Quotes must be received not later than 4:00 pm ET, Monday, September 23, 2024. Submission shall be via email to stewart.knotts@fema.dhs.gov

XVI. For additional information regarding this solicitation, please send an email to Stewart Knotts at stewart.knotts@fema.dhs.gov. Please ensure to reference the RFQ number in the subject line.

LIST OF ATTACHMENTS

Attachment 01: Statement of Work Attachment 02: Direct Lease Property Tracking Sheet Attachment 03: Direct Lease Property Inspection Checklist (HUD) Attachment 04: Direct Lease Terms & Conditions Attachment 05: Direct Lease Occupant Lease Agreement (Template) Attachment 06: Direct Lease – Lease Addendum Attachment 07: Temporary Housing Agreement Attachment 08: FEMA Decision to Termination DTHA Notice Attachment 09: Pricing Schedule Attachment 10: Furniture Checklist Attachment 11: Notice to Offerors – Statement of Contractor Assurance Attachment 12: FAR 52.204-24 Representation - Certain Telecom and Video Surveillance Services Attachment 13: FAR 52.204-26 Covered Telecom Equipment and Services – Representation

Attachments 02, 09, 11, 12, and 13 are required to be completed and returned with proposal submission.

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