Combined Synopsis Solicitation LPCS.pdf

COMBINED SYNOPSIS/SOLICITATION NOTICE

for

Logistics Planning and Construction Services Contract (LPCS)

70FB8023R00000031

(i) This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in 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.

(ii) The solicitation number for this acquisition is 70FB8023R00000031. This solicitation is issued as a

Request for Proposal (RFP) and all responsible sources may submit a proposal.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2023-06, effective December 4, 2023, and Homeland Security Acquisition Regulations (HSARS), effective July 21, 2023. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at:

https://www.acquisition.gov/;

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

(iv) The North American Industrial Classification System (NAICS) codes for this acquisition are:

• 541614 – Process, Physical Distribution, and Logistics Consulting Services Small Business Size Standard in US dollars: $20M

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

(v) A list of line-item numbers and items (including options) is provided in Attachment 9 – Contract

Line Item Numbers.

(vi) Description of requirements: The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) proposes to award an indefinite-delivery, indefinite-quantity (IDIQ) contract to support its direct temporary housing missions inside and outside the continental United States. Services provided under the contract will include emergency management, planning, construction planning and management, project management, quality control, technical analysis, and administrative services. See attachment 1 – Performance Work Statement for a detailed description of the requirements.

http://www.acquisition.gov/%3B http://www.acquisition.gov/%3B http://www.acquisition.gov/%3B http://www.acquisition.gov/hsar%3B http://www.dhs.gov/publication/current-hsar-deviations http://www.dhs.gov/publication/current-hsar-deviations

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

The following provisions and clauses apply to this acquisition:

• FAR 52.212-1, Instructions to Offerors — Commercial Products and Commercial Services

• FAR 52.212-2, Evaluation — Commercial Products and Commercial Services

• FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items See Section K for the provision in full text. To be considered for an award, Offerors must submit Representations and Certifications electronically through their System for Acquisition Management (SAM) account. The Representations and Certifications must be executed by an individual authorized to bind the Offeror. Offerors must complete annual representations and certifications online at https://sam.gov/content/home, in accordance with FAR 52.212-3, “Offerors Representations and Certifications– Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

• FAR clause 52.212-4, Contract Terms and Conditions — Commercial Items

• FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders — Commercial Items

(viii) See Section H — Special Contract Requirements for additional contract requirements, terms, and conditions that apply to this acquisition.

(ix) All questions/inquiries concerning Phase I must be submitted via email to fema-occpo-lpsc-idiq@fema.dhs.gov no later than 11:00 a.m. ET on April 16, 2024. Telephone inquiries will not be accepted.

(x) Phase I technical proposals must be submitted via email to fema-occpo-lpsc-idiq@fema.dhs.gov no later than 11:00 a.m. on April 24, 2024.

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1626_230606 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2009_286863 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2209_327644 mailto:fema-occpo-lpsc-idiq@fema.dhs.gov mailto:fema-occpo-lpsc-idiq@fema.dhs.gov

Solicitation Number 70FB8023R00000031

SECTION B – DESCRIPTION OF SERVICES AND CONTRACT TYPE

SERVICES

The Federal Emergency Management Agency (FEMA) Logistics Management Directorate (LMD) provides an efficient, transparent, and flexible logistics capability to procure and deliver goods and services that support disaster response and recovery for survivors and communities. The primary mission of LMD is to deliver the right resources to the right place at the right time in support of state, local, and tribal governments, as well as United States territories.

The purpose of this contract is to effectively provide emergency management planning, construction planning and management, project management, quality control, technical analyses, and administrative services to support FEMA’s temporary direct housing activities and emergency management functions, including mitigation, preparedness, response, and recovery, in a manner that is equitable and accessible to those in need. After a presidential disaster declaration, the contractor may assist FEMA in identifying which forms of assistance are needed and can be made available based on operational considerations. The contractor will also provide emergency management planning and project management services for non-active, disaster-specific requirements to increase FEMA’s readiness and capabilities to better serve the diverse communities of the nation. Please refer to Attachment 1 – Performance Work Statement for a full description of services.

CONTRACT TYPE

This solicitation will result in a single-award, indefinite-delivery, indefinite-quantity (IDIQ) contract that allows for the issuance of task orders containing firm-fixed-price, labor-hour, and cost-reimbursement contract line-item numbers (CLINS), as defined under Subparts 16.2, 16.3, and 16.6 of the Federal Acquisition Regulation (FAR). Task order CLINS will be determined by the Contracting Officer based on the specific requirements of the task order.

Fully burdened, fixed hourly rates will be established at the IDIQ contract level for each labor category specified in the IDIQ contract and will be applicable to all task orders issued thereunder.

Travel and miscellaneous costs incurred in performance of task orders may be reimbursed through cost-reimbursement CLINS, subject to the approval of the Contracting Officer. In addition, reimbursement for travel costs shall be subject to federal travel regulations.

MINIMUM AND MAXIMUM FUNDING LIMITATION

The guaranteed minimum award for this contract is $100,000. The guaranteed minimum applies solely to the base period and is not applicable to option periods.

The maximum contract value for this contract (including options) will be determined by the Government at the time of award. However, due to the varying nature and unpredictability of presidentially declared disasters and emergencies, the Government reserves the right to incrementally increase the contract ceiling after award to enable the Government to respond to all presidentially declared disasters and emergencies.

END OF SECTION B

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment 1-PWS_Logistics Planning and Construction Services Contract

END OF SECTION C

SECTION D – PACKAGING AND MARKING

For this solicitation, there are NO clauses in this section.

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far .

FAR Clause Title Date

52.246-4 INSPECTION OF SERVICES--FIXED-

PRICE

AUG 1996

52.246-5 INSPECTION OF SERVICES-COST-

REIMBURSEMENT

APR 1984

52.246-6 INSPECTION-TIME-AND-MATERIAL AND

LABOR-HOUR

MAY 2001

PERFORMANCE EVALUATION

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

The Quality Assurance Surveillance Plan (QASP) lists the performance requirement by FEMA tasks for which Contractor performance will be measured when performing under this contract.

The Government may adjust the standards and/or identify additional performance elements as may be necessary to ensure that the performance standards for work specified in the order reflect the requirements.

ACCEPTANCE

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

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

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

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

END OF SECTION E

SECTION F – DELIVERY OR PERFORMANCE

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far .

FAR Clause Title Date

52.242-15 STOP-WORK ORDER AUG 1989

F.1 PERIOD OF PERFORMANCE

Base Period: 12 months from date of award Option Period 1: 12 months Option Period 2: 12 months Option Period 3: 12 months Option Period 4: 12 months Option Period 5 (up to 6 months)

Exercise of the option periods is dependent upon satisfactory performance, continuing need, and the availability of funding.

F.2 TASK ORDERS

Tasks under this contract shall be performed through the issuance of a Task Order Proposal Request (TOPR). The period of performance and delivery dates will be established with each 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 technical proposal in response to each request within the timeframe specified. The proposal shall include a detailed description of the work to be accomplished. A cost proposal shall be submitted with the response. After review and approval of the proposal, the Contracting Officer may issue the task order.

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

FEMA reserves the right to decline to issue a specific task order to the contractor after reviewing the contractor's proposal. No reimbursement shall be made for preparation of task order proposals.

After issuance of a task order, no changes in scope of work, or changes in delivery dates shall be undertaken without the explicit authorization of the Contracting Officer.

F.3 PLACE OF PERFORMANCE

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

http://www.acquisition.gov/far

F.4 DELIVERABLES

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

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer – IDIQ Contract Level:

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

Contract Specialist – IDIQ Contract Level:

Name: Ebony Taylor Email: Ebony.taylor@fema.dhs.gov

Contracting Officer’s Representative – IDIQ Contract Level:

Name: Lisa P. Villalona Email: Lisa.villalona@fema.dhs.gov

Alternate Contracting Officer's Representative – IDIQ Contract Level:

Name: Carl Kahn Email: Carl.kahn@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.

Task order Contracting Officers may designate task order Level CORs that will be responsible for the day-to-day coordination of that task order. The COR for each Task Order will be appointed by the task order 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 TASK ORDER PLACEMENT PROCEDURES

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

(b) Warranted COs may directly place Task Orders under the IDIQ contract to obtain in-scope services.

Ordering offices will be responsible for the issuance, administration, payment, and closeout of their Task Orders.

All orders are subject to the terms and conditions of this IDIQ contract. In the event of conflict between an awarded Task Order and this IDIQ contract, the IDIQ contract shall prevail.

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

(d) Issued Task Orders will identify the services required, provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government- Furnished Property (GFP), Government- Furnished Information (GFI) and/or Government furnished workspace) and activate mailto:Lassey.wilsonbahun@fema.dhs.gov mailto:Ebony.taylor@fema.dhs.gov mailto:Lisa.villalona@fema.dhs.gov mailto:Carl.kahn@fema.dhs.gov performance.

G.3 TECHNICAL DIRECTION AND SURVEILLANCE

(a) The Performance of the work under this contract shall be subject to the surveillance and written technical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

(1) Constitutes an assignment of additional work outside the Task Order or contract Statement of Work;

(2) Constitutes a change as defined in the contract clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the total estimated contract or Task Order cost, the fixed fee (if any), or the time required for contract performance;

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

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

(c) All technical directions shall be issued in writing by the COR

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner described by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall cause the Contractor to notify the Contracting Officer in writing one (1) working day after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within two (2) days after receipt of the Contractor’s Letter that:

(1) The technical direction is rescinded in its entirety

(2) The technical direction is within the scope of the contract, does not constitute a change under the “Changes” clause of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the “Disputes” clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the Project Officer whom the Contracting Officer shall appoint shall be at the Contractor’s risk.

G.4 INVOICES

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

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

(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:

FEMA

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:

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

• The solicitation or contract number;

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

• Copies of relevant documents;

• A request for ruling by the agency;

• A statement detailing the form of relief requested;

• 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.

(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.

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

(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 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.2 SERVICECONTRACT WAGE DETERMINATION

The resulting contract and Task Orders (TOs) will be subject to the Department of Labor (DOL) Service Contract Act.

However, actual places of performance are currently unknown. Applicable wage determinations will be incorporated under the TOs in accordance with FAR 52.222-49 Service Contract Act – Place of Performance Unknown. The attached DOL Wage Determinations provided in Section J, Attachment 5, shall be used for purposes of price proposal preparation to establish a fair base line for price comparison.

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 Contracting Officer (CO).

H.4 SUBCONTRACTING PLAN

All Offerors (other than small businesses) are required to submit a subcontracting plan. The subcontracting plan must include the goals set forth below for each socio-economic grouping listed. The goals will be applied to the total value of each year of performance. For example, if a contract contains a base year and four one-year options each valued at $1,000,000, the small business subcontracting goal would be $430,000 per year, for a total of $2,150,000 over the life of the contract. Upon submission, each subcontracting plan will be evaluated for acceptability. See Section L for additional instructions on the submission of the subcontracting plan.

Category Subcontracting Goal

All Small Businesses 43% Small Disadvantaged Businesses (both Section 8(a) and non-Section 8(a) firms) 5% Women-Owned Small Businesses 5% Service-Disabled Veteran-Owned Small Businesses 5% Historically Underutilized Businesses 3%

H.5 SUBCONTRACTING REPORTING REQUIREMENT

The Contractor shall submit subcontracting accomplishments on the Individual Subcontract Report (ISR) and the Summary Subcontract Report (SSR) by using the web-based Electronic Subcontracting Reporting System (“eSRS”) at http://www.esrs.gov. (See HSAM Part 3019.704-70.)

H.6 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 Contracting Officer.

H.7 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).

http://www.esrs.gov/

(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.8 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.9 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.10 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.11 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 Year’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.

H.12 PERMITS

The Contractor and subcontractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits in connection with the performance of this contract. The Contractor shall also be responsible for complying with any applicable Federal, state, and municipal laws, codes, or regulations.

H.13 TRAVEL

H.13.1 Routine Travel Neither Contractor nor subcontractor employees will not be reimbursed for commuter travel for employees between their residences and their regular assigned duty stations, or for travel in support of project start-up and the day-to-day performance of this contract. A regular assigned duty station is defined as the Contractor employee’s continuing place of duty, whether the assignment is permanent or temporary.

H.13.2 Non-Routine Travel Non-routine travel directed by the Government will require the advance written approval of the Contracting Officer or his/her designee and will be reimbursed as ODC expense. Reimbursement shall not exceed the rates and expenses allowed by Federal Travel Regulations (see http://www.gsa.gov “Federal Travel Regulation”) to a Government employee traveling under identical circumstances. The Contractor shall comply with the more restrictive of its own internal policies or with the Government’s policies for making reimbursable travel and per-diem expenditures. Note: if the task order is issued on a labor-hour basis, the provisions of Federal Acquisition Regulation 16.601 apply.

H.14 CONTINGENCIES

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

H.15 HOLD HARMLESS AND IMDENNIFICATION

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

H.16 KEY PERSONNEL REQUIREMENTS

(A) Certain skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (B) and (C) hereof.

(B) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding ten (10) working day, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the http://www.gsa.gov/

Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

(C) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the contractor in writing of his approval or disapproval thereof.

(D) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the contractor at fault for the condition.

The following individuals are defined as Key Personnel:

TITLE DESCRIPTION

Project Manager Attachment 3-Labor Categories Description

Principal Attachment 3-Labor Categories Description Task Order Manager Attachment 3-Labor Categories Description

It is not required that the Contractor provide personnel with these exact titles, rather the collection of Contractor personnel shall meet the functional requirements consistent with the PWS.

H.17 SECURITY REQUIREMENTS

All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels.

Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD). All individuals will be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy.

H.17.1 Unauthorized Disclosure of Classified or Unclassified Information:

Contractors and Subcontractors who are working on this contract shall receive Unauthorized Disclosure of Classified or Unclassified Information training. Access to the training can be obtained at: Unauthorized Disclosure of Classified Information and Controlled Unclassified Information (usalearning.gov)

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

H.17.2 Facility Access The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and an OF306, Declaration for Federal Employment, and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times.

https://securityawareness.usalearning.gov/disclosure/index.html https://securityawareness.usalearning.gov/disclosure/index.html

FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

H.17.3 Separation from Contract The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence.

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

• When no longer needed for contract performance.

• Upon completion of a contractor employee’s employment.

• Upon contract completion or termination.

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

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

H.17.4 OPSEC Training:

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.

Access to the briefing can be obtained at OPSEC Awareness for Military Members, DOD Employees and Contractors (usalearning.gov)

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

H.17.5 Insider Threat Training:

Insider Threat training for Contractors can be found at: Insider Threat Awareness (usalearning.gov)

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

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

H.17.6 For Official Use Only (FOUO) Information:

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

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

The contractor will:

• Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

• Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

https://securityawareness.usalearning.gov/opsec/index.htm https://securityawareness.usalearning.gov/opsec/index.htm https://securityawareness.usalearning.gov/itawareness/index.htm

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

Contractors and…