HSFE09-15-Q-0160.pdf

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Audio Visual Installation Federal contract opportunity
Solicitation number
HSFE09-15-Q-0160
Issued by
Federal Emergency Management Agency Response Section

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Region_09_Oakland_1111_Broadway_Floor_12_Plan_room_1225.pdf PDF
Attachment_2_-_SOW_Audio_Visual_installation_for_Region_IX_Conference_Room.docx DOCX document
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PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 N/A 69

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HSFE09-15-Q-0160

09-10-2015

FEDERAL EMERGENCY MGMT AGENCY REGION IX

ATTN: Kimberly Coakley

1111 BROADWAY 238210

SUITE 1200

OAKLAND CA 94607-4052 $7 Million

N/A

X

FEMA Region IX Office

1111 Broadway St. Suite 1200 Oakland, CA 94607

Same as Box 9

FEMA Finance Center

P.O. Box 9001 Winchester VA 22604

See CONTINUATION Page

See Statement of work for details on this Solicitation

The Department of Homeland Security/Federal Emergency Management Agency is issuing a Request for Quote(RFQ) for a Firm Fixed-Price Contract for an upgrade to our audiovisual equipment in the FEMA Region IX Office located in Oakland, CA. The Quote shall include all materials, installation and training.

The North American Industry Classification System (NAICS) Code is 238210.

This RFQ is issued under FAR 52.219-6 Notice of Total Small Business Set-Aside in the Community, local, state jurisdictions, and other interested parties.

X X

HSFE09-15-Q-0160

Table of Contents Table of Contents SECTION A - SOLICITATION/CONTRACT FORM .................................................................. A-1

SF 33 SOLICITATION, OFFER AND AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS .................................................. B-1 B.1 Pricing, CLINs

B.2 AUTHORIZATIONS FOR WORK

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK.......................... C-1 SECTION D - PACKAGING AND MARKING ............................................................................... D-1 SECTION E - INSPECTION AND ACCEPTANCE........................................................................ E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E,3 PERFORMACNE EVALUATION

E.4 METHODS OF SURVEILLANCE

SECTION F - DELIVERIES OR PERFORMANCE........................................................................F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PRINCIPAL PLACE OF PERFORMANCE

F.3 NOTICE OF DELAY

F.4 DELIVERY SCHEDULE

F.5 TERM OF CONTRACT

F.6 REPORTS OF WORK

SECTION G - CONTRACT ADMINISTRATION DATA.............................................................. G-1

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

G.2 TRAVEL

G.3 TECHNICAL DIRECTION AND SURVEILLANCE

SECTION H - SPECIAL CONTRACT REQUIREMENTS........................................................... H-1

H.1 SUBCONTRACTING PLANS AND GOALS

H.2 ACCESSIBILITY OF MEETINGS, CONGERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES

H.3 REPORDUCTION OF REPORTS

H.4 COORDINATION OF FEDERAL REPORTING SERVICES

H.5 PUBLICATION

H.6 OBSERVANCE OF LEGAL HOLIDAYS

H.7 NON-PERSONAL SERVICES

H.8 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITES

H.9 CONFIDENTIALITY OF INFORMATION

H.10 ORGANIZATIONAL CONFLICT OF INTEREST

H.11 DESIGNATION OF PROJECT DIRECTOR

H.12 INSURANCE

SECTION I CONTRACT CLAUSES ..........................................................................................I-1

I.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

I.2 52.203-3 – Gratuities (Apr 1984)

I.3 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.4 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

I.5 52.209-7 INFORMATION REGARDING RESPONSIBILTY MATERS (JUL 2013)

I.6 52.209-9 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

I.7 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

I .8 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

I.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (MAR 2015) I.10 52.212-4 -- Contract Terms and Conditions -- Commercial Items. (May 2015) I.11 52.237-1 -- Site Visit (APR 1984) I.12 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS

(SEP 2012)

I.13 BILLING INSTRUCTIONS (JUN 2014)

I.14 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

I.15 INVOICE APPROVAL (JUN 2014)

I.16 INVOICE INSTRUCTIONS (JUN 2014)

I.17 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

I.18 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

I.19 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

SECTION J - LIST OF ATTACHMENTS…………………………………………………………………..J-1

SECTION K- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS….K-1

K.152.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.252.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUL 2013

K.352.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

K.452.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

K.552.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.652.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.752.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.252.216-1 TYPE OF CONTRACT (APR 1984)

L.352.233-2 SERVICE OF PROTEST (SEP 2006)

L.452.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.5COMMITMENT OF GOVERNMENT TO AWARD A CONTRACT AND EXPENDITURE OF FUNDS

L.6RESTRICTION ON USE AND DISCLOSURE OF PROPOSAL/QUOTATION INFORMATION (DATA)

L.7 COMMUNICATIONS

L.8 PROPOSAL SUBMISSION

L.9ALTERNATE PROPOSAL INFORMATION

L.10CONTENT OF PROPOSALS (SERVICES)

L.11 PROPOSAL STRUCTURE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Pricing

This will be a Purchase order Firm Fixed Price Purchase Order

Offeror shall use Attachment 1 - Contract Line Items (CLINs)

B. 2 AUTHORIZATIONS FOR WORK

ONLY THE CONTRACTING OFFICER (CO) CAN AUTHORIZE WORK UNDER THIS CONTRACT. FEMA WILL ONLY

PAY FOR CO AUTHORIZED WORK.

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

Attachment 2 – Statement of Work

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

E.1 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.

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

NUMBER TITLE DATE

52.246-2

I 52.246-2 -- Inspection of Supplies -- Fixed-Price

AUG 1996

E.2 INSPECTION AND ACCEPTANCE

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

Upon delivery of Audio Visual to be provided and Inspection of completion of Installation Acceptance: Acceptance of Audio visual Equipment before Installation, Acceptance of entire installation upon completion and inspection

For the purpose of this clause, the Contracting Officer l Representative (COR) named in the Designation of Contracting Officer’s Technical Representative Clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such other designations occur, the Contractor will be notified by written notice.

E.3 PERFORMANCE EVALUATION

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work being performed at the location at which it is being performed. Pursuant thereto, the Government reserves the right to maintain representatives on the premises of the Contractor. If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide and all reasonable facilities and assistance for the safety and convenience of the Government’s representatives in the performance of their duties. All inspections and evaluations by the Government’s representatives shall be performed in such a manner as will not unduly delay work.

The Government will endeavor to conduct all audits, inspection and evaluations in accordance with the highest levels of established professional auditing practices and standards. If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be discussed with the Government prior to implementation. Reports of the Contractors performance shall be placed in the contract file and will be subject to release to the public. The Government representatives are extended to include agents i.e., auditors, and/or other contractors. The Contractor agrees that such reports or deficiencies or proposed corrective action may be released to the public.

E.4 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractors performance. These include, but are not limited to, Periodic Inspections and random sampling, and/or review of customer complaints.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PRINCIPAL PLACE OF PERFORMANCE

Place of Performance is 1111 Broadway St, Suite 1200, Oakland, CA 94607

F.3 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 thirty

(30) 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.4 DELIVERY SCHEDULE

Delivery of items specified below shall be shipped F.O.B. destination in accordance with the following schedule:

Delivery of equipment to be provided determined upon Contract award and kick off meeting.

F.5 TERM OF CONTRACT

The contract shall be for a period of six (6) months

F.6 REPORTS OF WORK

No reports necessary for this contract

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Kimberly Coakley EMAIL: Kimberly.Coakley@fema.dhs.gov

Contracting Officer's Technical Representative:

Name: TBD

Phone: NO PHONE CALLS mailto:Kimberly.Coakley@fema.dhs.gov

G.2 TRAVEL

All work is to be conducted at the 1111 Broadway, St. Suite 1200, Oakland, CA 94607 location. The contractor is responsible for any anticipated travel and per diem.

G.3 TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of the work under this contract shall be subject to the surveillance and written technical direction of the 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 SOW;

(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 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

(5) Interferes with the Contractor's right to perform the specifications of the contract. (c) All technical directions shall be issued by the COR.

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed 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 within one (1) working days 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 thirty (30) 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 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 COR whom the Contracting Officer shall appoint shall be at the Contractor's risk.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACTING PLANS AND GOALS

The Contractor’s Small Business Subcontracting Plan submitted will include, at a minimum, the goals set forth below for each socio-economic grouping listed (if higher subcontracting goals are proposed in the Offeror’s Small Business Subcontracting Plan, the higher goals will be incorporated into this section). The goals will be applied to the total value of the subcontracting plan. For example, if a contract is awarded for $100 Million, and of which $10 Million is planned to be subcontracted, the subcontracting goal for all small businesses for the contract is $4 Million.

Category Subcontracting Goal

Total Small Business 30% Total Small Disadvantaged Businesses 5% * (both Section 8(a) and non-Section 8(a) firms) Woman-owned Small Businesses 5% * Service-Disabled Veteran-Owned Small Businesses 3% * Historically Underutilized Empowerment Zone 3% * Small Businesses

* represents a subset percentage of the Total Small Business goal (for examples, if 3% is awarded to Woman-owned Small Businesses, that 3% would also apply the Total Small Business’ subcontracting goal.

The Small Business Subcontracting Plan, dated (provided at time of award), is attached hereto and made a part of this contract.

Failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8 Utilization of Small Business Concerns, incorporated in this contract, and the attached Subcontracting Plan will be material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 Liquidated Damages-Subcontracting Plan.

H.2 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES

The Contractor agrees as follows:

(a) Planning. The Contractor will develop a plan to assure that any meeting or conference, held pursuant to this contract will meet or exceed the minimum accessibility standards set forth below. This plan shall include a provision for ascertaining the number and types of disabled individuals planning to attend the meeting, conference, or seminar. The plan shall be submitted to the Contracting Officer for approval prior to initiating action. A consolidated or master plan for contracts requiring numerous meetings, conferences, or seminars may be submitted in lieu of separate plans.

(b) Facilities. Any facility to be utilized for meetings, conferences, or seminars in performance of this contract shall be accessible to persons with disabilities. The Contractor shall determine, by an on-site inspection if necessary, that the following minimum accessibility requirements are met, or suitable modifications are made to meet these requirements, before the meeting:

(1) Parking. (i) Where parking is available on or adjacent to the site one 12' wide space must be set aside for the car of each mobility impaired attendee. The space need not be permanently striped but may be temporarily marked by signs, ropes, or other means satisfactory to carry out this provision.

(ii) Where parking is not available on or adjacent to the site, valet parking or other alternative means must be available to assist disabled attendees. Alternate means must be satisfactory in the judgment of the Contracting Officer.

(2) Entrances. (i) ``Entrances'' shall include at least one accessible entrance from the street/sidewalk level, and at least one accessible entrance from any available parking facility.

(ii) The entrance shall be level or accessible by ramp with an incline that allows independent negotiation by a person in a wheelchair. In general, the slope of the incline shall be no more than 1" rise per foot of ramp length (1:12).

(iii) Entrance doorways shall be at least 30" in clear width and capable of operation by persons with disabilities. Revolving doors, regardless of foldback capability, will not meet this requirement.

(3) Meeting Rooms. (i) Meeting room access from the main entrance area must be level or at an independently negotiable incline (approximately 1:12) and/or served by elevators from the main entrance level. All elevators shall be capable of accommodating a wheelchair 29" wide by 45" long.

(ii) Meeting rooms shall be on one level or, if on different levels, capable of being reached by elevators or by ramps that can be independently negotiated by a person in a wheelchair. Doorways to all meeting rooms shall be at least 30" in clear width.

(iii) The interior of the meeting room shall be on one level or ramped so as to be independently negotiable for a person in a wheelchair.

(iv) Stages, speaker platforms, etc. which are to be used by persons in wheelchairs must be accessible by ramps or lifts. When used, the ramps may not necessarily be independently negotiable if space does not permit. However, any slope over 1:12 must be approved by the Contracting Officer. Each case is to be judged on its own merits.

(v) If a meeting room with fixed seating is utilized, seating arrangements for persons in wheelchairs shall be made so that these persons are incorporated into the group rather than isolated on the perimeter of the group.

(4) Restrooms. (i) Restrooms shall have level access, signs indicating accessibility, and doorways at least 30" in clear width.

(ii) Sufficient turning space within restrooms shall be provided for independent use by a person in a wheelchair 29" wide by 45" long. A space 60" by 60" or 63" by 56" of unobstructed floor space as measured 12" above the floor is acceptable by standard; other layout will be accepted if it can be demonstrated that they are usable as indicated.

(iii) There will be a restroom for each sex or a unisex restroom with at least one toilet stall capable of accommodating a wheelchair 29" wide by 45" long (by standard, the minimum is 3'-0" by 43'- 83"), with outswinging door or private curtains. Wall mounted grab bars are required.

(iv) When separate restrooms have been set up for mobility impaired persons, they shall be located adjacent to the regular restrooms and shall be fully accessible.

(5) Eating Facilities. (i) Eating facilities in the meeting facility must be accessible under the same general guidelines as are applied to meeting rooms.

(ii) If the eating facility is a cafeteria, the food service area (cafeteria line) must allow sufficient room for independent wheelchair movement and accessibility to food for persons in wheelchairs, and cafeteria staff shall be available to assist disabled persons.

(6) Overnight Facilities. If overnight accommodations are required:

(i) Sufficient accessible guest rooms to accommodate each attendee who is disabled shall be located in the facility where the meeting, conference, or seminar is held, or in a facility housing the attendees which is conveniently located hereby, whichever is satisfactory to the Contracting Officer.

(ii) Overnight facilities shall provide for the same minimum accessibility requirements as the facility utilized for guest room access from the main entrance area shall be level, ramped at an independently negotiable incline (1:12), and/or served by elevators capable of accommodating a wheelchair 29" wide by 45" long.

(iii) Doorways to guest rooms, including the doorway to the bathroom, shall be at least 30" in clear width. (iv) Bathrooms shall have wall mounted grab bars at the tub and water closet.

(v) Guest rooms for persons with a disability shall be provided at the same rate as a guest room for other attendees.

(7) Water Fountains. Water fountains shall be accessible to disabled persons, or have cup dispensers for use by persons in wheelchairs.

(c) Provisions of Services for Sensory Impaired Attendees.

(1) The Contractor, in planning the meeting, conference, or seminar shall include in all announcements and other materials pertaining to the meeting, conference, or seminar a notice indicating that services will be made available to sensory impaired persons attending the meeting, if requested within five (5) days of the date of the meeting, conference, or seminar. The announcement(s) and other material(s) shall indicate that sensory impaired persons may contact a specific person(s), at a specific address and phone number(s), to make their service requirements known. The phone number(s) shall include a teletype number for the hearing impaired.

(2) The Contractor shall provide, at no cost to the individual, those services required by persons with sensory impairments to insure their complete participation in the meeting, conference, or seminar.

(3) As a minimum, when requested in advance, the Contractor shall provide the following services:

(i) For hearing impaired persons, qualified interpreters. Provisions will also be made for volume controlled phone lines and, if necessary, transportation to local teletype equipment to enable hearing impaired individuals to receive and send meeting related calls. If local teletype equipment is not available, the Contractor shall provide on-site teletype equipment. Also, the meeting rooms will be adequately illuminated so signing by interpreters can be easily seen.

(ii) For vision impaired persons, readers and/or cassette materials, as necessary, to enable full participation. Also, meeting rooms will be adequately illuminated.

(iii) Agenda and other conference material(s) shall be translated into a usable form for the visually and hearing impaired.

Readers, braille translations, and/or tape recordings are all acceptable. These materials shall be available to sensory impaired individuals upon their arrival.

(4) The Contractor is responsible for making every effort to ascertain the number of sensory impaired individuals who plan to attend the meeting, conference, or seminar. However, if it can be determined that there will be no sensory impaired person (deaf and/or blind) in attendance, the provision of those services under paragraph (c) for the non-represented group, or groups, is not required.

H.3 REPRODUCTION OF REPORTS

No Reproduction of reports is authorized

H.4 COORDINATION OF FEDERAL REPORTING SERVICES

In the event that it is a contractual requirement to collect information from 10 or more public respondents, the provisions of 44 U.S.C. Chapter 35 (Coordination of Federal Reporting Requirements), shall apply to this contract. The contractor shall obtain through the COR the required Office of Management and Budget clearance before making public contacts for the collection of data or expending any funds for such collection. The authority to proceed with the collection of data from public respondents and the expenditure of funds therefore shall be in writing signed by the Contracting Officer.

H.5 PUBLICATION

(a) Definition. For the purpose of this clause ̀ `publication'' includes (1) any document containing information intended for public consumption or (2) the act of, or any act which may result in, disclosing information to the public.

(b) General. The results of the research and development and studies conducted under this contract are to be made available to the public through dedication, assignment to the Government, or other such means as the Director of the Federal Emergency Management Agency shall determine.

(c) Reports furnished the Government. All intermediate and final reports of the research and development and studies conducted hereunder shall indicate on the cover or other initial page that the research and development and studies forming the basis for the report were conducted pursuant to a contract with the Federal Emergency Management Agency. Such reports are official Government property and may not be published or reproduced (in total, in verbatim excerpt, or in a form approximating either of these) as an unofficial paper or article. The contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish such reports in whole or in part in a non-Government publication only in accordance with this paragraph (c) and paragraph (e)(1) of this clause.

(d) Publication by Government. The Government shall have full right to publish all information, data, and findings developed as a result of the research and development and studies conducted hereunder.

(e) Publication by contractor or technical personnel.

(1) Publication in whole or in part of contractor's reports furnished the Government. Unless such reports have been placed in the public domain by Government publication, the contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish a report furnished the Government, in total or in verbatim excerpt, but consistent with paragraph (c) of this clause may not secure copyright therein, subject to the following conditions and the conditions in paragraph (e)(4) and paragraph (f).

(i) During the first six months after submission of the full final report, if written permission to publish is obtained from the contracting officer.

(ii) After six months following submission of the full report, and if paragraph (e)(3) is inapplicable, if a foreword or footnote in the non-Government publication indicates the source of the verbatim material.

(2) Publication, except verbatim excerpts, concerning or based in whole or in part on results of research and development and studies hereunder. The contractor or technical personnel may issue a publication concerning or based in whole or in part on the results of the research and development and studies conducted under this contract and may secure copyright therein, but in so publishing is not authorized thereby to inhibit the unrestricted right of the Director of the Federal Emergency Management Agency to disclose or publish, in such manner as he may deem to be in the public interest, the results of such research and development and studies to the following conditions and the requirement in paragraph (e)(4):

(i) During the first six months after submission of the full final report, and if paragraph (e)(3) is inapplicable, if written waiver of the waiting period is obtained from the contracting officer.

(ii) After six months following submission of the full final report, and if paragraph (e)(3) is inapplicable, subject to Government exercise of an option that the publication contain a foreword or initial footnote substantially as follows: The (research) (development) (studies) forming (part of) the basis for this publication were conducted pursuant to a contract with the Federal Emergency Management Agency. The substance of such (research) (development) (studies) is dedicated to the public. The author and publisher are solely responsible for the accuracy of statements or interpretations contained therein.

(3) General conditions if FEMA determines that contractor's final report contains patentable subject matter developed in contract performance. If the contracting officer determines that the contractor's full final report contains patentable subject matter developed in the performance of this contract and so notifies the contractor in writing prior to six months from date of submission of such report, no publication of verbatim excerpts from contractor's reports or publication concerning or based in whole or in part on the results of the research and development and studies hereunder shall be made without the written consent of the contracting officer.

(4) Copies of contractor and technical personnel publications to be furnished the Government. The contractor or technical personnel will furnish the contracting officer six copies of any publications which are based in whole or in part on the results of the research and development and studies conducted under this contract.

(f) Administratively confidential information. The contractor shall not publish or otherwise disclose, except to the Government and except matters of public record any information or data obtained hereunder from private individuals, organizations, or public agencies in a publication whereby the information or data furnished by any particular person or establishment can be identified, except with the consent of such person or establishment.

(g) Inclusion of provisions in contractor's agreements. The contractor shall include provisions appropriate to effectuate the purposes of this clause in all contracts of employment with persons who perform any part of the research or development or study under this contract and in any consultant's agreements or subcontracts involving research or development or study there under.

H.6 OBSERVANCE OF LEGAL HOLIDAYS

The Government hereby provides ―notice‖ and the Contractor hereby acknowledges ―receipt‖ that FEMA Government observe the below listed days as holidays:

New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day

Any other day designated by Federal statute. Any other day designated by Executive Order. Any other day designated by the President’s proclamation.

When such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. It is understood and agreed between the Government and the Contractor that observance of such days by Government Personnel shall not ―on-its-face‖ be the cause of an additional period of performance, or entitlement of compensation except as a holiday. No form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or his/her duly authorized representative.

H.7 NON-PERSONAL SERVICES

A non-personal services contract is defined as ―a contract under which the personnel rendering the services are not subject, either by the Contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

This is a non-personal services contract.

H.8 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES

(a) The contractor shall furnish all personnel required for the performance of the resulting FFP Contract at the time of award. FEMA will provide to all appropriate personnel and documents pertaining to the project that are under the control of FEMA. The work will occur at 1111Broadway St, Suite 1200, Oakland, CA 94607.

H.9 CONFIDENTIALITY OF INFORMATION

(a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that--

(1) At the time of receipt by the Contractor, is in the public domain

(2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor

(3) The Contractor can demonstrate it was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies

(4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

(b) The Contractor shall obtain from each employee permitted access a DHS Form 11000-6, Non-Disclosure Agreement, stating that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract. The DHS Form 11000-6 is provided as Attachment 7 under Section J of the contract.

H.10 ORGANIZATIONAL CONFLICT OF INTEREST

The Contractor warrants that, to the best of his/her knowledge and belief, and except as otherwise set forth in this contract, he/she does not have any organizational conflict of interest as defined in the following paragraph.

The term ―organizational conflict of interest‖ means a situation where a Contractor has interests, either due to his/her other activities or his/her relationships with other organizations, which place him/her in a position that may be unsatisfactory or unfavorable (a) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (b) from industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question.

The Contractor agrees that, if after award he/she discovers an organizational conflict of interest with respect to this contract, he/she shall make an immediate and full disclosure in writing to the Contracting Officer that shall include a description of the action that the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government, may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

If the Contractor was aware of organization conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

H.11 DESIGNATION OF PROJECT DIRECTOR

The Contractor shall designate a Project Director (named in Key Personnel Clause) who shall have overall authority sufficient to enable the person to meet all contract requirements, to direct and supervise all persons involved in the effort and to administer and coordinate all resources and phases of the contract.

The Project Director shall maintain close communication with the Contracting Officer’s Representative, monitors, technical experts, and the Contracting Officer, and be available for personal consultation and conferences at their request or at the request of the Contracting Officer.

The Project Director shall be responsible for analyzing the program data so as to be able to report trends and significant program development and, upon the Project Director’s own initiative or upon the request of the Government’s technical staff shall furnish managerial and technical advice on the program and recommend improvements in its conduct.

H.12 INSURANCE

Offeror shall maintain and provide insurance documentation under FAR Clauses 52.228-7, 52.228-8, 52.228-10 and 52.237-7, all incorporated by Reference in this RFP.

Section I: CONTRACT CLAUSES

I.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND APR 2010

CONDUCT

52.203-16 PREVENTING PERSONAL CONFLICTS OF DEC 2011

INTEREST

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS APR 2014

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-1 APPROVAL OF CONTRACT DEC 1989

52.204-2 SECURITY REQUIREMENTS AUG 1996

52.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 2013

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE JUL 2015

REPORTING

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE JUL 2015

MAINTENANCE

52.209-10 PROHIBITION ON CONTRACTING WITH DEC 2014

INVERTED DOMESTIC CORPORATIONS

52.211-5 MATERIAL REQUIREMENTS AUG 2000

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE JAN 2004

ACQUISITION

52.215-6 PLACE OF PERFORMANCE OCT 1997

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997

FORMAT

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2011

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN OCT 2014

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997

DISPUTES

52.222-3 CONVICT LABOR JUN 2003

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-- MAY 2014

SECONDARY SITE OF THE WORK

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS MAY 2014

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS MAY 2014

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT FEB 1988

REQUIREMENTS

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION - DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE MAY 2014

RATE REQUIREMENTS AND RELATED

REGULATIONS

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS MAY 2014

52.222-26 EQUAL OPPORTUNITY APR 2015

52.222-27 AFFIRMATIVE ACTION COMPLIANCE APR 2015

REQUIREMENTS FOR CONSTRUCTION

52.222-50 COMBATING TRAFFICKING IN PERSONS MAR 2015

52.223-18 ENCOURAGING CONTRACTOR POLICIES AUG 2011

TO BAN TEXT MESSAGING WHILE DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.225-25 PROHIBITION ON CONTRACTING WITH DEC 2012

ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN--

REPRESENTATION AND CERTIFICATIONS

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION MAY 2014

CONTRACTS

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT SEP 2010

REPORTING REQUIREMENTS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES MAY 2014

ALTERNATE I (DEC 1991)

52.233-2 SERVICE OF PROTEST SEP 2006

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS APR 1984

AFFECTING THE WORK

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, APR 1984

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR FEB 1997

CONSTRUCTION

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION OCT 1997

52.242-14 SUSPENSION OF WORK APR 1984

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

52.243-1 CHANGES--FIXED-PRICE AUG 1987

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-20 WARRANTY OF Services MAY 2001

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS APR 2015

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS APR 1984

3052.211-70 INDEX FOR SPECIFICATIONS DEC 2003

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY DEC 2003

COMPLETION OF THE CONTRACT WORK

3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO DEC 2003

A DHS FACILITY

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS JUN 2006

SUBSTANCES -- APPLICABLE LICENSES AND

PERMITS

3052.228-70 INSURANCE DEC 2003

3052.247-72 F.O.B. DESTINATION ONLY DEC 2003

I.2 52.203-3 – Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative --

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled --

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract

I.3 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.

I.4 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer.

The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

I.5 52.209-7 INFORMATION REGARDING RESPONSIBILTY MATTERS (JUL 2013)

Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or…

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