Contract Administration Data.pdf

CONTRACT ADMINISTRATION DATA

E.1 INSURANCE – The following insurance premiums are required for this contract:

Reference Contract FAR Clause 52.228-5 “Insurance – Work on a Government Installation”

Kinds and minimum amounts required are as follows:

Kind Amounts (FAR28.307-2)

Workmen’s Compensation $100,000 except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

Comprehensive General Liability The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Automobile Liability $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

E.2 WAGE DETERMINATION - The following wage determination will apply to this contract:

Wage Determination No. SCA 2015-4048

Revision No.: 14

Date Of Revision: 04/09/2020

E.3 FEDERAL HOLIDAYS - The following Federal legal Holidays are observed by FEMA:

New Year’s Day 1 January

Martin Luther’s King’s Birthday Third Monday of January

President’s Day Third Monday of February

Memorial Day Last Monday of May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday;

holidays falling on a Sunday will be observed on the following Monday.

E.4 NORMAL DUTY CORE HOURS – 7:00 AM through 3:30 PM excluding Saturdays, Sundays, and Federal Holidays. Exceptions will be given for emergency and critical repairs and determined on a case by case basis.

E.5 PERIOD OF PERFORMANCE – One (1) base year, with four (4) option years possible.

Base year - 1 December 2020 - 30 November 2021 1st Option year – 1 December 2021– 30 November 2022 2nd Option year – 1 December 2022 –30 November 2023 3rd Option year – 1 December 2023– 30 November 2024 4th Option year – 1 December 2024 –30 November 2025

E.6 PLACE OF PERFORMANCE – 63 Marlboro Road, Maynard, MA 01754

E.7 CONTRACTING OFFICER AUTHORITY - The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the

Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase as a result thereof.

The Contracting Officer will be out of Region 1 office at 99 High Street, Boston, MA 02110.

E.8 CONTRACTING OFFICER’S REPRESENTATIVE (COR) – The Contracting Officer's

Representatives will be appointed at the time of award by the Contracting Officer. The letter of appointment will state the individual's name, title, and will stipulate the rights, responsibilities and limitations of the appointment. In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner. Technical direction received from the COR or

Project Manager must be within the contract scope of work and must be issued in writing. The

COR does not have the authority to, and may not, issue any technical direction which:

Constitutes an assignment of additional work outside the general scope of the Technical

Provisions of this contract or task order issued.

Constitutes a change as defined in the contract clause entitled "Changes", FAR 52.243-1.

In any manner causes an increase or decrease in the total contract price or the time required to perform the contract.

Changes any of the expressed terms, conditions, of the contract.

Interferes with the contractor's right to perform the terms and conditions of the contract.

E.9 INVOICING AND PAYMENT - All payments shall be made by electronic transfer of funds (EFT). The contractor must maintain a current registration in the System for Award

Management (SAM).

Submission of Payment Requests can be mailed to:

DHS/FEMA

FEMA Finance Center

Attn: Vendors

P.O. Box 9001

Winchester VA 22604 or emailed to: FEMA-Finance-Vendor-Payments@fema.gov.

E.10 PAPERLESS CONTRACTING – FEMA is fully committed to the Federal

Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, Solicitation, Amendments, Contract and Modifications distribution and all other correspondence, will be issued via email or other electronic methods. Contractor shall have and maintain capability to receive documents in this manner.

E.11 CORRESPONDENCE - All email correspondence must contain the Contract number and specific subject in the subject field.

E.12 UTILITY SERVICES - The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available.

E.13 PROPOSED KEY PERSONNEL, MINIMUM QUALIFICATIONS OF KEY

PERSONNEL, PROPOSED SUBCONTRACTORS, PROCESSES, PROCEDURES AND

MATERIALS - Unless specifically deleted in writing by the Contracting Officer at time of award, any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the contract resulting from the solicitation, and performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals or agreed to in negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes.

E.14 CONTRACTOR STAFF AND EMPLOYEES - The contractor shall provide the

Contracting Officer with a contact information for key staff to include telephone numbers for which the contractor or his/her representative may be contacted at any time during regular mailto:FEMA-Finance-Vendor-Payments@fema.gov working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention.

Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.

Contractor’s Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.

E.15 CONTRACTOR OFFICE AND STORAGE – The Contractor shall be responsible for all areas designated for the Contractor’s use within 15 days of the time of award. The areas shall be neat and orderly and free of debris at the end of each work day.

E.16 SECURITY REQUIREMENTS - The contractor shall comply with all security regulations imposed by the facility and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work. Please review the security requirements outlined in the Performance Work Statement.

F.17 SAFETY REQUIREMENTS – All work shall be conducted in a safe manner and shall comply with OSHA requirements. If the contractor fails or refuses to promptly comply with safety requirements, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the contractor. The contracted work area is federal property, and all rules and regulations issued by the Regional Director or his appointed representatives exercising authority covering fire, safety, sanitation, emergency evacuation, severe weather requirements, admission to the FRC, conduct of operations, etc. shall be observed by the contractor and his/her employees. The regulations include:

Fire Prevention: Contractor and his/her employees shall be cognizant of, and observe all requirements for handling and storage of combustible supplies and materials, daily disposal of combustible waste, trash, etc., in accordance with National Fire Code and National Board of Fire Underwriters. The contractor shall be familiar with methods of turning in a fire alarm and operating the fire alarm system.

Safety: All rules of safety which is or may be imposed upon the contractor by Federal, state or local code shall be effectively carried out in the performance of the services set forth herein. Contractor shall take proper safety and health precautions to protect the work, the employees, the public and the property of others.

O&M Safety: The contractor shall formulate and furnish to the CO 10 days prior to contract start date, in writing, a comprehensive program to implement the general policies and procedures for safe operation and maintenance. The program shall include provisions for systems and equipment maintenance, employee responsibility for working safely, indoctrination and training of employees, public safety activities and responsibilities for implementation of regulations pertaining to fire prevention, and maintenance of an adequate fire protection plan. The contractor safety program shall ensure that hazards to the public are not permitted within contractor work areas. The contractor shall coordinate with the CO in making periodic inspections of the contractor activities to ensure that hazards to the public do not exist.

Clothing and Personnel Safety Equipment: Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short sleeve shirt, long trousers, and safety toe shoes. Hard hats and seat belts shall be provided by the contractor as needed when engaged in work, which requires such protection. All personal protective equipment must be provided by the contractor. Contractor and employees shall be identified by a standardized, distinctive emblem or patch with contractor's name/logo attached in a prominent place to an outer garment.

Personal Safety Training: The contractor shall provide training for each employee covering safe work practices, proper housekeeping, and fire protection.

Damage Reports. In all instances where government property and/or equipment are damaged by contractor employees, a full written report of the fact and extent of such damage shall be submitted to the CO within 24 hours of the occurrence.

Accident Reports: The contractor shall comply with OSHA and other regulatory requirements for record keeping and reporting of all accidents resulting in death, trauma, occupational disease or environmental damage. Contractor shall provide a verbal report to the CO within four (4) hours of occurrence and a written follow-up report within three (3) working days of occurrence (in the matter and on the forms prescribed by the CO) whenever an accident involving personal injury occurs.

Employee Awareness: Contractor shall inform his/her employees of hazards that may be encountered in their working environment and those connected with the performance of particular tasks.

Fire Drills: Fire drills are periodically conducted as developed by the government.

Evacuation diagrams are posted in all buildings.

E.18 QUALITY CONTROL - This government Quality Assurance Surveillance Plan

(QASP) is designed to aid the Contracting Officer's Representative (COR) in performing effective and systematic surveillance of all aspects of this contract. The plan provides for monitoring contract requirements through use of periodic inspections. The objective of the

QASP is to evaluate how the contractor is performing in key areas. Primary interest is in the final product or service the contractor is providing and not in the details of how it is being performed. The government may use a variety of surveillance methods to evaluate the contractor's performance. These include, but are not limited to, random sampling of recurring services, periodic surveillance of the contractor's quality control program, test calls, and validated customer complaints. Surveillance activity checklists will be established for each of the required services in the PWS and any other areas considered essential to contract performance. The COR is responsible for inspecting the contractor's performance and documenting any noncompliance with contract provisions, however, only the Contracting

Officer may take formal action against the contractor for nonperformance.

E.19 ENVIRONMENTAL IMPACT - All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to, Executive Order 12088, 13

October 1978, Federal Compliance with Pollution Control Standards; the Federal Water

Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42

U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET

SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the

National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste

Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

E.20 EVALUATION OF CONTRACTOR PERFORMANCE – Past Performance evaluations will be conducted in accordance with FAR Part 42.1502 and upon completion of the contract using the Contractor Performance Assessment Reporting System (CPARS). Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. When assessments are completed Contractors will be sent an email notice to review and comment. A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of contract award. The POC must maintain a current email address on file with the Contracting Officer.

E.21 CONTRACTOR PERFORMANCE DURING AN EMERGENCY EVENT -

Continuation of Essential Contractor Services

(a) This contract has been designated as essential for continuation of a critical operational function of the Department of Homeland Security (DHS). Because performance of this contract is critical, the government and the contractor have reached this special agreement to take specific actions in the event of an emergency, such as nuclear, biological, chemical, or radiological attack, natural disaster, or health emergency, such as a pandemic. The portions of this contract that have been identified as essential contractor services are identified on the attachment to this clause.

(b) The contractor agrees, notwithstanding potential excusable delays created by the event, to make best efforts to continue essential operations under the contract during an emergency or other event designated by DHS and:

(1) Cooperate with DHS actions to protect individuals (such as special protective gear, inoculations, or relocation);

(2) Take other necessary actions as directed by the DHS during an emergency or a situation that may disrupt normal operations;

(3) Ensure critical personnel are identified within 30 days of award or contract designation as critical;

(4) Obtain commitments from critical employees to participate as directed by the

DHS; and

(5) Negotiate an equitable adjustment after the fact for the impact of any special actions directed by the DHS during an event.

(c) The government agrees to:

(1) Notify the contractor that it is taking actions pursuant to this clause;

(2) Utilize the authority of this clause only in emergency circumstances warranting its invocation; and

(3) Negotiate an equitable adjustment to this contract at the conclusion of actions taken pursuant to this clause.

(d) Equitable adjustment. The contractor must assert a claim for equitable adjustment within sixty (60) days of conclusion of actions taken pursuant to this clause, or within time specified by the Changes clause, if already included in the contract, whichever is earlier. The government agrees to negotiate an equitable adjustment to this contract at the conclusion of actions taken pursuant to this contingency plan in the event there is a cost impact. A failure of the parties to agree on the equitable adjustment will be considered to be a dispute in accordance with the “Disputes” clause of this contract.

(e) The contractor shall complete a written plan within 30 days after award of this contract (or, in the case of modification, within 30 days of incorporation into the contract of this clause), for continuing the performance of essential contractor services identified in the attachment to this clause.

(1) The plan shall identify provisions made for the acquisition of necessary personnel and resources for continuity of operations up to 30 days or until normal operation can resume.

(2) The plan must address at a minimum:

(i) Challenges associated with maintaining essential services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of necessary replacement personnel and resources and their actual availability on-site;

(iii) The resources, processes and requirements for identification, training and preparedness of personnel who are capable of relocating to alternate spaces or performing work at home;

(iv) Alert and notification procedures for mobilizing identified essential contractor service personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during an emergency or other event designated by the DHS.

(f) The contractor shall notify the contracting officer in advance at any time it determines that actions under the contingency plan need to be taken. The government reserves the right to determine that action under the contingency plan shall not be taken and that normal contract operation should continue to the extent they are possible.

(g) All paragraphs except the equitable adjustment provisions of this clause shall be included in subcontracts that have been determined to be for critical services.

(END OF CLAUSE)