Combined Synopsis Solicitation - Bedroom Living Kits.pdf

May 06, 2025

COMBINED SYNOPSIS/SOLICITATION NOTICE

For

Bedroom Living Kits

Request for Proposal (RFP) 70FB8025R00000012

(i) This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in the Federal Acquisition Regulation (FAR) subpart 13.5 and FAR part 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a write solicitation will not be issued.

(ii) The solicitation, 70FB8025R00000012, is being issued as a Request for Proposal (RFP) for Multiple

Awards (up to three (3) individual awards).

(iii) The solicitation documentation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-03, Effective January 17, 2025 and Homeland Security Acquisition Regulations (HSAR) effective December 26, 2024. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at:

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

(iv) This requirement is a Total 100% Small Business Set-Aside. The North American Industry

Classification System (NAICS) Code is 314120 Curtain and Linen Mills, with a size standard of 750 employees.

(v) A list of items and unit of measure (including ordering periods) is at Attachment 2: Bedroom Living

Kits Pricing Sheet.

(vi) Descriptions of requirements for the items to be acquired is at Attachment 1: Bedroom Living Kits Statement Of Work.

(vii) Attachment 1 – Attachment 1: Bedroom Living Kits Statement Of Work for date(s) and place(s) of delivery and acceptance FOB point.

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

(viii) FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services apply to this acquisition. See Terms and Conditions Section L: Instructions, conditions, and notices to offerors or respondents. Offerors that fail to furnish the required representation or technical information as required by Federal Acquisition Regulation provision 52.212-1 or reject the terms and conditions of this solicitation shall be excluded from consideration.

(ix) The provision 52.212-2 Evaluation – Commercial Products and Commercial Services applies to this acquisition. Evaluation will be based on Lowest Priced Technically Acceptable (LPTA). Award will be made on the basis of the lowest evaluated price of price meeting or exceeding the acceptability standards for non-cost factors. See Terms and Conditions Section M: Evaluation Factors for Award.

Offerors shall respond to all evaluation factors. Failure to address all factors will result in offeror being non-responsive and therefore will not be considered for contract award. If an offeror receives an unacceptable rating for one (1) or more evaluation factors, the offeror will no longer be considered for award. Should either of these situations occur, the Offeror’s price proposal will not be evaluated.

(x) The provision at 52.212-3, Offeror Representations and Certifications – Commercial Products and

Commercial Services, shall be completed by Offerors. The Offeror must check or complete all appropriate boxes blanks in the Representations and Certifications. The Representations and Certifications must be executed by an individual authorized to bind the offeror. See Section K of the Terms and Conditions for the full text provision.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(xi) The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition is included by reference. See Terms and Conditions Section I: Contract Clauses.

(xii) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Products and Commercial Services, applies to this acquisition.

(xiii) See Terms and Conditions for additional solicitation requirements.

(xiv) A Defense Priorities and Allocations System (DPAS) rating is not assigned; there is no DPAS rating.

(xv) Questions are due by May 15, 2025, at 11:00AM ET.

Proposals are due by May 22, 2025, at 2:00 PM ET.

(xvi) Contact the following individuals regarding the solicitation:

Lassey Wilson-Bahun, Contracting Officer, Lassey.wilsonbahun@fema.dhs.gov David Bailey Jr., Contract Specialist, David.baileyjr@fema.dhs.gov http://www.sam.gov/ mailto:Lassey.wilsonbahun@fema.dhs.gov mailto:David.baileyjr@fema.dhs.gov

Terms and Conditions Solicitation No: 70FB8025R00000012

SECTION B - SUPPLIES OR SERVICES AND CONTRACT TYPE

GENERAL

FEMA is authorized under Section 408, Federal Assistance to Individuals and Households (42 U.S.C. 5174), of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as Amended, to provide Direct Assistance to eligible Disaster Survivors. FEMA provides Bedroom Living Kits consisting of standard household items to eligible disaster Survivors housed in Transportable Temporary Housing Units (TTHUs) and Alternative Temporary Transportable Housing Units (ATTUs).

The purpose of this Blanket Purchase Agreement (BPA) to fulfill the requirement for the bedroom Living Kits on an as-needed basis. The Contractor shall furnish all labor, material, supplies, equipment facilities and all additional necessities to build a bedroom Living Kit. Please refer to Attachment 1- Statement Of Work for full description.

CONTRACT TYPE

This solicitation will result in a Multiple-award, Blanket Purchase Agreement (BPA) (up to 3 awardees) that allows for the issuance of Delivery Orders containing firm-fixed-price (FFP) contract line-item numbers (CLINS).

ORDERING

There is no guaranteed minimum award amount or minimum quantity for this agreement. The Government does not guarantee that it will place any orders under this agreement. The maximum contract value for this agreement (including options) will be determined by the Government at the time of award.

BPAs do not obligate funds. The Government is obligated only to the extent of authorized calls made under the

BPA.

The terms and conditions in the Blanket Purchase Agreement (BPA) apply to all orders placed pursuant to it. In the event of an inconsistency between the provisions of the BPA and BPA calls, the provisions of the BPA will take precedence.

END OF SECTION B

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment 1 – Bedroom Living Kits SOW

END OF SECTION C

SECTION D – PACKAGING AND MARKING

Packaging Instructions

All individual items that make up the complete Bedroom Living Kit shall remain packaged and sealed in the original factory packaging.

General Packing Instructions: Due to the unknown circumstances which can arise during disaster response and recovery, it is possible that the pallets of bedroom living kits may be moved several times, double-stacked for storage, and stored in warehouses or stored outside with no protection in all types of weather. The Contractor shall ensure that the bedroom living kits are packaged to withstand such handling as well as climatic conditions.

Climatic conditions can include blowing snow, flurries, freezing rain, high humidity, rain, sleet, or snow.

All items shall be packed to improve the safety of the contents during shipping and to minimize any harm for the duration of the entire storage period.

Living Kit Container: All individual items that make up the complete Bedroom Living Kit must remain packaged and sealed in the original factory packaging. Each individual Bedroom Living Kit packaging, container, or box must be able to fit through standard 32-inch residential doors and shall not exceed 30 pounds. If individual Bedroom Living Kits are not sized for easy packing on pallets, the Contractor may aggregate multiple kits into boxes or containers to facilitate shipping and placement on a pallet. All Bedroom Living Kits shall be packaged into boxes or containers containing only that specific kit. For example, TTHU King Bedroom Living Kits shall only be boxed with other TTHU King Bedroom Living Kits. No box or container shall contain a mix of different types of living kits. Boxes or containers shall not exceed 50 pounds to ensure they can be easily moved by a single person.

Palletizing/Packaging of Living Kit Container: Pallets shall be composed of individual types of Bedrooms Living Kits (e.g., only 2 XL Twin Bedroom Living Kits per pallet) and shall conform to industry delivery size pallets (48 inches by 40 inches, 4-way). Each pallet of Bedroom Living Kits shall be fully covered on all sides, with the stretch wrap extending over the top of the boxes for the entire top layer. The height of the pallet shall not exceed 55 inches when loaded. Pallets shall be made of hardwood and designed for pickup from all four sides.

There are many unknown circumstances which can arise during disaster response and recovery. It is possible that the pallets of bedroom living kits may be moved several times, may be double stacked for storage, and may be stored in warehouses ore stored outside with no protection in all types of weather. The Contractor shall ensure that the Bedroom Living Kits are packaged to withstand handling and various climatic conditions, including but not limited to blowing snow, flurries, freezing rain, high humidity, rain, sleet, or snow.

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

FAR Clause Title Date

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG 1996

52.246-16 RESPONSIBILITY OF SUPPLIES APR 1984

52.223-1 BIOBASED PRODUCT CERTIFICATION MAY 2024

Deviation

(FEB 2025)

52.223-4 RECOVERED MATERIAL CERTIFICATION MAY 2008

52.223-23 SUSTAINABLE PRODUCT AND SERVICES MAY 2024

Deviation

(FEB 2025)

E.2 GOVERNMENT INSPECTION AND ACCEPTANCE

Inspection and acceptance of all items ordered under each Delivery Order will be in accordance with FAR clauses incorporated at Section E.1, Clauses Incorporated by Reference.

The technical point of contact under each Delivery Order will inspect all items. Final acceptance of all deliverables as specified under each Delivery Order will be made in writing, by the Delivery Order Contracting Officer’s Representative (COR), or as detailed in the individual Delivery Orders.

E.3 NON-CONFORMING PRODUCTS

Non-conforming products will be rejected or replaced as directed by the Delivery Order CO or COR as specified in Section C. Unless otherwise agreed by the parties, deficiencies, will be corrected or items will be replaced and delivered within 72 hours of the rejection notice. Replaced items and/or damaged items shall be returned to the Contractor at the Contractor’s expense.

Inspection and acceptance of all products performed under each delivery order will comply with applicable FAR clauses. Additional information regarding inspection and acceptance are included in Attachment 1 – Bedroom Living kits SOW.

END OF SECTION E

http://www.acquisition.gov/far

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

FAR Clause Title Date

52.242-15 STOP-WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1994

52.247-34 F.O.B DESTINATION NOV 1997

F.2 PERIOD OF PERFORMANCE

The period of performance is a 5-year ordering period, made up of a one (1) 1- year base ordering period and four (4) one-year ordering periods.

The Government will issue Delivery Order(s) for specific items in accordance with G.2 Ordering Procedures.

Each Delivery Order will be negotiated for a specific price, a specific period of performance and delivery requirements.

F.3 DELIVERY ORDERS

Delivery under this contract shall be performed through the issuance of a Delivery Order Proposal Request (DOPR). The period of performance and delivery dates will be established with each delivery order. The contractor will be given a minimum of 12 hours' notice of FEMA’s intention to request a new task order. The contractor shall submit a quote in response to each request within the timeframe specified. After review and quote of the proposal, the Contracting Officer may issue the delivery order.

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

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

F.4 SHIPPING AND TRACKING

The Contractor may use any of the following methods to ship items: Dedicated Load; Less Than Load (LTL);

or Package Carrier (e.g., FedEx, UPS, DHL, USPS, etc.)

The Contractor shall provide notice of shipping. The notice shall be provided by email to the Delivery Order Contracting Officer (CO), the Delivery Order Contracting Officer’s Representative (COR) and the delivery point of contact. Shipping shall include a copy of the Contractor’s bill of lading (BOL) and an estimated date of delivery. The Contractor shall require that the delivery carrier’s driver notify the delivery point of contact 24 hours prior to delivery unless the delivery is using a carrier such as FedEx, UPS, DHL, USPS, etc. for package delivery. Items that are shipped as package delivery shall have the tracking number provided to the COR within 24 hours of the items being shipped.

Upon invoicing, the Contractor shall provide an electronic spreadsheet showing details of commodity shipped from place of origin to destination. At a minimum, the electronic spreadsheet must provide these details: Load number, Bill of Lading number, nomenclature and units shipped, personal identifier for each unit, carrier, truck number, trailer number, place of origin, and destination.

http://www.acquisition.gov/far

F.4 DELIVERY LOCATIONS

Delivery locations Contiguous United States (CONUS) will be identified in the Delivery Order requirements’ requests for delivery.

Standard delivery location is identified below:

FEMA Manufactured Housing Storage Site (MHSS) Cumberland Cumberland MHSS-FEMA 11601 PPG Road Cumberland, MD 21502

F.5 DELIVERY CAPABILITY

The Contractor shall be able to produce and ship no less than 500 of each type of Bedroom Living Kit. The kits shall arrive at the FEMA destination within four weeks (28 calendar days) from the date of the BPA Call Order award if the delivery location is within 500 miles of the Contractor’s production facility. The Contractor shall receive an additional day for every additional 500 miles or portion thereof.

Consideration may be given, up to two days, if the 28th day falls on a weekend day (Saturday or Sunday) and the destination facility is not open. Delivery distances will be calculated using the MapQuest online web site.

F.6 NOTICE OF DELAY

If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons, therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than ten (10) calendar days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer.

When notice is so required, the Contracting Officer may extend the time specified in the schedule for such period as deemed advisable.

F.6 DELIVERABLES

The Contractor shall provide a spreadsheet to the designated Delivery Order COR indicating totals for each item after each delivery and grand totals for all deliveries within 72 hours of delivery.

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer – BPA Level:

Name: Lassey Wilson-Bahun Email: Lassey.wilsonbahun@fema.dhs.gov

Contract Specialist – BPA Level:

Name: David Bailey Jr.

Email: David.baileyjr@fema.dhs.gov

Contracting Officer’s Representative – BPA Level:

Name: Lavette Ford Email: Lavette.ford@fema.dhs.gov

Alternate Contracting Officer's Representative – BPA Level:

Name: LaToya Britton Email: Latoya.britton@fema.dhs.gov

The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the contract:

(a) Assign additional work within the general scope of the contract.

(b) Issue a change in accordance with the clause entitled Changes.

(c) Change the cost or price of the contract.

(d) Change any of the terms, conditions, specifications, or services required by the contract.

(e) Accept non-conforming work. (f) Waive any requirement of the contract.

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

Delivery order Contracting Officers may designate delivery order Level CORs. The COR for each Task Order will be appointed by the task order Contracting Officer through a written designation. A copy of the letter of appointment with specific duties and responsibilities will be provided to the Contractor.

G.2 DELIVERY ORDER PLACEMENT PROCEDURES

(a) The Government will order any goods to be furnished under this BPA by issuing Delivery Orders from the effective date of the BPA through the expiration date of the BPA.

(b) Warranted COs may directly place Delivery Orders under the BPA. Ordering offices will be responsible for the issuance, administration, payment, and closeout of their Delivery Orders. All orders are subject to the terms and conditions of this BPA. In the event of conflict between an awarded Delivery Order and this BPA, the BPA shall prevail.

(c) Under no circumstances, will a Delivery Order change the requirements of the BPA. Should a BPA user require such a change, specific approval must first be obtained from the BPA CO.

(d) Issued Delivery Orders will identify the goods required, provide specific technical details (including the schedule for all deliverables.

mailto:Lassey.wilsonbahun@fema.dhs.gov mailto:David.baileyjr@fema.dhs.gov mailto:Lavette.ford@fema.dhs.gov mailto:Latoya.britton@fema.dhs.gov

G.3 INVOICES

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

Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

(a) GENERAL INFORMATION

(1) Name of Contractor

(2) Invoice Date

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

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

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

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

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

(b) ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

(1) As mandated by the Debt collection Improvement Act (DCIA) of 1996 and in accordance with FAR Clause 52.232-33-Payment By Electronic Funds Transfer—System for Award Management (JUL 2013) of this contract, the Contractor must submit the following written EFT information as specified in clause 52.232-33 of this award:

· The contract number (or other procurement identification number).

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

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

Contractor official authorized to provide this information.

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

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

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

· If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number (RTN) of the correspondent financial institution receiving the wire transfer payment if the Contractor’s financial agent is not directly on-line to the FTS; and, therefore, not the receiver of the wire transfer payment.

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

(a) Routing Transit Number (RTN) – The Contractor shall provide the current 9-digit RTN of the payee’s bank

(b) Payee’s account number

(c) Contractor’s Tax Identification Number (TIN)

(The EFT information submitted must be that of the Contractor unless there is an official Assignment of Claims on file with the payment office.)

If at any time during the term of this contract, the Contractor changes any EFT information, (i.e.

financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract.

To avoid delays in processing invoices, the Contractor must also submit written notification of EFT information changes to the office designated in this award document as soon as the new information is known to the Contractor. This notification must be in writing and signed by the individual authorized by the Contractor to make such changes.

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

NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

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

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

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claim (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.

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

(8) Definitions.

• “Agency protest” is one that may be filed with either the contracting officer or the officer responsible for the resolution of all agency protests filed at the level above the contracting officer.

• “Ombudsman” is the agency official above the level of the contacting officer designated by the

Director of Acquisitions Operations to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the ombudsman.

• “Day” is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is Saturday, Sunday, or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a

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

(9) Submission Guidelines.

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

Lassey Wilson-Bahun, Contracting Officer / Lassey.wilsonbahun@fema.dhs.gov Or

FEMA

David Orris, Ombudsman / David.orris@fema.dhs.gov

• The subject line of the email shall state “Agency Protest (and the name of the solicitation or contract”.

If the protester submits the protest directly through the ombudsman, the protester must also, within one

(1) day of submitting the protest to the ombudsman, submit a copy of the protest to the responsible contracting officer by email.

transmission or by “Certified Mail” (Return Receipt Requested).

(39) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 p.m., current-local time. Any protests received after that time will be considered to be filed on the next day.

(40) Protest submission will not be considered filed until all of the following information is provided:

o The protester’s name, address, telephone number and fax number;

o The solicitation or contract number;

o A detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced;

o Copies of relevant documents;

o A request for ruling by the agency;

o A statement detailing the form of relief requested;

o All information establishing that the protester is an interested party for the purpose of filings a protest; and

h. All information establishing the timeliness of the protest.

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

C. Timeliness/Resolution of Protests.

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

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

mailto:Lassey.wilsonbahun@fema.dhs.gov mailto:David.orris@fema.dhs.gov

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

D. Appeals.

(f) Protesters who filed protests through the contracting officer may, within five days of receipt of the contracting officer’s written ruling, appeal to the ombudsman.

(g) Requests for appellate review must be submitted to the ombudsman by facsimile transmission or by “Certified Mail” (Return Receipt Requested).

(h) The ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)” within 10 days of receipt of the request for appellate review of the contracting officer’s decision.

(i) In accordance with FAR 33.103(d)(4) and 4 C.F.R. 21.2(a)(3), if there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements.

Therefore, any subsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action.

E. Protests filed through the ombudsman:

(xv) If the protester protests directly through the ombudsman, the ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)” within 35 days after the protest was filed.

(xvi) Protests filed directly through the ombudsman cannot be appealed within the agency.

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

END OF SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

The following solicitation provisions are pertinent to this section and are hereby incorporated by full text within clause 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services.

FAR Title Date 52.225-1 Buy America-Supplied OCT 2022 52.225-13 Restriction on Certain Foreign Purchases FEB 2021

H.2 RELEASE, PUBLICATION AND USE OF GOVERNMENT FURNISHED DATA

No contractor shall have the right to use, release to others, reproduce, distribute, or publish any government furnished data first produced or specifically used by the contractor in the performance of this contract with prior written permissions from FEMA.

H.3 INTERPRETATION OF CONTRACT REQUIREMENTS

No interpretation of any provisions of the contract, including applicable specifications, shall be binding on FEMA unless furnished or agreed to in writing by the CO.

H.4 CORRESPONDENCE PROCEDURES

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

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

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

H.5 CONTRACTOR COMMITMENTS, WARRANTIES, REPRESENTATIONS

Any written commitment by the Contractor within the scope of the contract shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable under the default provisions for damages due to FEMA under the terms of the contract. For the purpose of the resulting contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or representation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or specifications accompanying or referred to in a proposal, and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

H.6 USE OF FEMA NAME OR CONTRACTUAL RELATIONSHIP IN ADVERTISING

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

H.7 GOVERNMENT PROPERTY

Government property matters shall follow the same policies and procedures for Government property under FAR Part 45, Government Property and other applicable agency specific regulatory supplements.

Unless otherwise specified in a task order, the Contactor shall provide all office equipment and supplies at the Contractor’s sole and exclusive expense, including computers/workstations used in daily operation in support of FEMA. The CO must tailor property clauses, provisions, and other applicable terms and conditions specific to each task order solicitation and award.

H.8 FEDERAL HOLIDAYS

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

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

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

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

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

• Any other day designated by Federal Statute

• Any day designated by Executive Order

• Any other day designated by the President’s Proclamation

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

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

END OF SECTION H

SECTION I – CONTRACT CLAUSES

FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far

(End of Clause)

FAR 52.202-1 Definitions. (JUN 2020)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. - Alternate I (NOV 2021)

FAR 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016)

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

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025)

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

2018)

FAR 52.233-3 Protest after Award. – Alternate I (JUN 1985)

FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American

Security Drove Act-Covered Foreign Entities. (NOV 2024)

FAR 52.242-13 Bankruptcy. (JUL 1995)

FAR 52.243-1 Changes – Fixed Price (AUG 1987)

FAR 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

FAR 52.249-14 Excusable Delays (APR 1984)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB 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 https://www.acquisition.gov/far

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)

FAR 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).

mailto:NDAAIncidents@hq.dhs.gov https://dibnet.dod.mil/

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 mailto:NDAAIncidents@hq.dhs.gov

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);…