HSFE20-16-R-0009_FINAL.pdf
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1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES
UNDER DPAS (15 CFR 700)
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
SEALED BID (IFB)
NEGOTIATED (RFP)
7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until local time _______________________ (Hour) (Date)
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.
A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS
AREA CODE NUMBER EXT.
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES
B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS
D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE
F DELIVERIES OR PERFORMANCE
G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORS
H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD
K REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%) (See Section I, Clause No. 52-232-8)
14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND
ADDRESS
OF OFFEROR
(Type or print)
15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE
AREA CODE NUMBER EXT. 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM
ABOVE - ENTER SUCH ADDRESS IN SCHEDULE
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM (4 copies unless otherwise specified)
10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )
24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE CODE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
(Signature of Contracting Officer)
(REV. 9-97)
10. FOR INFORMATION CALL:
11. TABLE OF CONTENTS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33
Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)
SOLICITATION, OFFER AND AWARD
SOLICITATION
OFFER (Must be fully completed by offeror)
AWARD (To be completed by Government)
1 89 N/A
HSFE20-16-R-0009
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03-16-2016
Department of Homeland Security/FEMA OCPO/Preparedness Section Building D - Acquisition 16825 South Seton Avenue Emmitsburg MD 21727
Not Applicable – Electronic Delivery Only 4:00 pm Eastern 05-05-2016
James Suerdieck (301) 447-7244 james.suerdieck@fema.dhs.gov
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X
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X
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Department of Homeland Security/FEMA OCPO/Preparedness Section Building D -- Acquisition 16825 South Seton Avenue Emmitsburg MD 21727
FEMA Finance Center
P.O. Box 9001 Winchester VA 22604
HSFE20-16-R-0009
Table of Contents
SECTION A - SOLICITATION/CONTRACT FORM ............................................................................... A-1
SF 33 SOLICITATION, OFFER AND AWARD ................................................................................. A-1
PART I - THE SCHEDULE ............................................................................................................................ B-1
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ............................................................... B-1
B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES ................................................................... B-1 B.2 COST/PRICE SCHEDULE ................................................................................................................ B-1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK..................................... C-1
[For this Solicitation, there are NO clauses in this Section] ...................................................................... C-1
SECTION D - PACKAGING AND MARKING .......................................................................................... D-1
[For this Solicitation, there are NO clauses in this Section] ..................................................................... D-1
SECTION E - INSPECTION AND ACCEPTANCE .................................................................................... E-1
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ..................... E-1 E.2 INSPECTION AND ACCEPTANCE................................................................................................ E-1 E.3 GOVERNMENT QUALITY ASSURANCE AND SURVEILLANCE ........................................... E-1 E.4 METHODS OF SURVEILLANCE ................................................................................................... E-2
E.5 PERFORMANCE OF GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS .. E-2
SECTION F - DELIVERIES OR PERFORMANCE ................................................................................... F-1
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ..................... F-1 F.2 PERIOD OF PERFORMANCE ......................................................................................................... F-1 F.3 PRINCIPAL PLACE OF PERFORMANCE ..................................................................................... F-1 F.4 DELIVERABLES .............................................................................................................................. F-1
SECTION G - CONTRACT ADMINISTRATION DATA ......................................................................... G-1
G.1 BILLING INSTRUCTIONS (JUN 2014) ......................................................................................... G-1 G.2 DEFECTIVE OR IMPROPER INVOICES (JUN 2014) .................................................................. G-1 G.3 INVOICE APPROVAL (JUN 2014) ................................................................................................. G-1 G.4 INVOICE INSTRUCTIONS (JUN 2014) ......................................................................................... G-1 G.5 IDENTIFICATION OF GOVERNMENT OFFICIALS ................................................................... G-3 G.6 TECHNICAL DIRECTION AND SURVEILLANCE ..................................................................... G-4 G.7 FUND AVAILABLE ........................................................................................................................ G-5 G.8 PAYMENT – Firm Fixed Price (CLINs and Optional CLINs) ......................................................... G-5 G.9 PAYMENT – Cost Reimbursement (CLINs and Optional CLINs) .................................................. G-5 G.10 SUBCONTRACTS – Advance Notification and Consent .............................................................. G-5 G.11 TRAVEL AND PER DIEM ............................................................................................................ G-5
SECTION H - SPECIAL CONTRACT REQUIREMENTS ....................................................................... H-1
H.1 SUBCONTRACTING PLAN .......................................................................................................... H-1 H.2 REPRODUCTION OF REPORTS ................................................................................................... H-1 H.3 WAGE DETERMINATION ............................................................................................................ H-1 H.4 NON-PERSONAL SERVICES ........................................................................................................ H-1 H.5 WELFARE TO WORK .................................................................................................................... H-1 H.6 BACKGROUND INVESTIGATIONS ............................................................................................ H-2 H.7 FACILITY ACCESS ........................................................................................................................ H-3 H.8 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES AND PROPERTY ............. H-4 H.9 IDENTIFICATION OF CONTRACTOR EMPLOYEES ................................................................ H-4
H.10 IDENTIFICATION OF CONTRACTOR EMPLOYEES WORKING IN GOVERNMENT
SPACES IN E-MAIL AND OTHER FORMS OR ORAL AND WRITTEN COMMUNICATIONS
(DEC 2008) ..................................................................................................................................... H-5
H.11 IDENTIFICATION OF CONTRACTOR VEHICLES .................................................................. H-5 H.12 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT) ................................................... H-5 H.13 LIABILITY CLAIMS .................................................................................................................... H-5
H.14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) ............ H-6
H.15 ENVIRONMENTAL PROTECTION ............................................................................................ H-6 H.16 HAZARDOUS EVENTS ............................................................................................................... H-6
PART II - CONTRACT CLAUSES ................................................................................................................ I-1
SECTION I - CONTRACT CLAUSES ......................................................................................................... I-1
I.1 NOTICE OF HYBRID CONTRACT .................................................................................................. I-1 I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ....................... I-1
I.3 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014) ..................................................................................................... I-4
I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (JUL 2013) ................................................................................... I-4 I.5 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009) .................................... I-5 I.6 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013) ....................................................... I-6 I.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) ........................................................... I-10 I.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...................... I-10
I.9 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015) ALTERNATE II (OCT
2001)(DEVIATION) ...................................................................................................................... I-10
I.10 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(JUL 2013) ...................................................................................................................................... I-16 I.11 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) ............................................. I-17 I.12 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) .................................. I-17 I.13 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) .......................................... I-18 I.14 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) ....... I-18
I.15 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEC 2010) .................................................................................................... I-18 I.16 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) ................................... I-20 I.17 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) .. I-24
I.18 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PRICE
ADJUSTMENT (MULTIPLE YEAR AND OPTION YEAR CONTRACTS) (MAY 2014) ....... I-25
I.19 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
(JAN 1997) ALTERNATE I (JUL 1995) ...................................................................................... I-26 I.20 52.227-3 PATENT INDEMNITY (APR 1984) ............................................................................. I-27 I.21 52.249-14 EXCUSABLE DELAYS (APR 1984) .......................................................................... I-28 I.22 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ..................................... I-28
I.23 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) ALTERNATE I (SEP
2012) ............................................................................................................................................... I-29
I.24 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES
(JUN 2006) ..................................................................................................................................... I-30 I.25 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) ....................................... I-32 I.26 HSAR 3052.242-72 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2003) ................ I-32 I.27 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ..................................... I-32
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ............................... J-1
SECTION J - LIST OF ATTACHMENTS .................................................................................................... J-1
PART IV - REPRESENTATIONS AND INSTRUCTIONS ..................................................................... K-1
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS ............................................................................................................................................ K-1
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2016) .................... K-1 K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) ............... K-3
K.3 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION
(OCT 2015) ..................................................................................................................................... K-4
K.4 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR
2005) ............................................................................................................................................... K-6
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .............................. L-1
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ......... L-1 L.2 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003) ............................................ L-1
L.3 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF
SUBCONTRACT EFFORT (OCT 2009) ....................................................................................... L-1 L.4 52.216-1 TYPE OF CONTRACT (APR 1984) ............................................................................... L-2 L.5 52.233-2 SERVICE OF PROTEST (SEP 2006) .............................................................................. L-2 L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) .... L-2 L.7 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS .......................................... L-2 L.8 PROPOSAL PREPARATION INSTRUCTIONS ............................................................................. L-6 L.9 SITE VISIT ...................................................................................................................................... L-15
SECTION M - EVALUATION FACTORS FOR AWARD ........................................................................ M-1
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ....... M-1
M.2 EVALUATION -- GENERAL ........................................................................................................ M-1 M.3 EVALUATION AND AWARD ...................................................................................................... M-1 M.4 EVALUATION CRITERIA ............................................................................................................ M-2 M.5 AWARD .......................................................................................................................................... M-6
HSFE20-16-R-0009 Section B
B-1
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The Contractor shall furnish all supervision, personnel, facilities, equipment, material, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary to, or incident to, performing and providing the services as described in the attached Performance Work Statement (PWS), CDP Training Delivery Services.
B.2 COST/PRICE SCHEDULE
The price, estimated cost, and fixed fee is set forth in the Contract Line Item Numbers (CLIN) below. Firm-Fixed-Priced (FFP) CLINs below will be paid on a twice monthly basis in installments based on the schedule shown below. Cost-Reimbursement CLINs will be paid on a twice monthly basis and in accordance with FAR 52.216-7. For Fixed-Fee CLINs, the fixed fee will be paid in installments on a twice monthly basis, and subject to the withholding provisions of this contract (FAR 52.216-8). The Phase-In Transition period will be Cost-Plus-Fixed-Fee (CPFF) CLINs, and will be paid as a single installment for the entire phase-in period. Travel costs included in Estimated Cost shall not be subject to fee. All overtime labor, including overtime labor associated with FFP performance, will be paid from the CPFF CLINs.
CLIN
Price/Cost
Type Description Unit Quantity Unit Price Total
Price/Cost
PHASE-IN TRANSITION (1 MONTH, 8/1/2016- 8/31/2016)
0001 CPFF Estimated Cost Lot 1 0002 CPFF Fixed Fee Lot 1
TOTAL ESTIMATED COST & FIXED FEE FOR PHASE-IN
BASE PERIOD (11 MONTHS, 9/1/2016 – 7/31/2017)
0003 FFP
Project Management - PWS 6.0, 7.7, and 8.0
Lot 22
0004 FFP
Course Delivery Management –
PWS 7.1
Lot 22
0005 FFP COBRATF – PWS
7.3 Lot 22
0006 FFP
Equipment Management –
PWS 7.5
Lot 22
0007 FFP
Safety Operations and Management –
PWS 7.6
Lot 22
0008 CPFF
Estimated Costs - Instructors, Logistical Support, Overtime and Other Direct Costs -
Lot 1
B-2
PWS 7.1, 7.4 and 7.5
0009 CPFF
Instructors, Logistical Support and Other Direct Costs - Fixed Fee
Lot 22
0010 CPFF
Estimated Costs - External Agency Support – PWS 7.2
Lot 1
0011 CPFF
External Agency Support – Fixed Fee
Lot 22
TOTAL PRICE, ESTIMATED COST, AND FIXED FEE FOR BASE PERIOD (11
MONTHS)
OPTION PERIOD 1 (12 MONTHS, 8/1/2017 – 7/31/2018)
1001 FFP
Project Management - PWS 6.0, 7.7, and 8.0
Lot 24
1002 FFP
Course Delivery Management –
PWS 7.1
Lot 24
1003 FFP COBRATF – PWS
7.3 Lot 24
1004 FFP
Equipment Management –
PWS 7.5
Lot 24
1005 FFP
Safety Operations and Management –
PWS 7.6
Lot 24
1006 CPFF
Estimated Costs - Instructors, Logistical Support, Overtime and Other Direct Costs - PWS 7.1, 7.4 and 7.5
Lot 1
1007 CPFF
Instructors, Logistical Support, and Other Direct Costs - Fixed Fee
Lot 24
1008 CPFF
Estimated Costs - External Agency Support – PWS 7.2
Lot 1
1009 CPFF
External Agency Support – Fixed Fee
Lot 24
TOTAL PRICE, ESTIMATED COST, AND FIXED FEE FOR OPTION PERIOD 1
OPTION PERIOD 2 (12 MONTHS, 8/1/2018 – 7/31/2019)
2001 FFP Project Lot 24
B-3
Management - PWS 6.0, 7.7, and 8.0
2002 FFP
Course Delivery Management –
PWS 7.1
Month 12
2003 FFP COBRATF – PWS
7.3 Lot 24
2004 FFP
Equipment Management –
PWS 7.5
Lot 24
2005 FFP
Safety Operations and Management –
PWS 7.6
Lot 24
2006 CPFF
Estimated Costs - Instructors, Logistical Support, Overtime and Other Direct Costs - PWS 7.1, 7.4 and 7.5
Lot 1
2007 CPFF
Instructors, Logistical Support, and Other Direct Costs - Fixed Fee
Lot 24
2008 CPFF
Estimated Costs - External Agency Support – PWS 7.2
Lot 1
2009 CPFF
External Agency Support – Fixed Fee
Lot 24
TOTAL PRICE, ESTIMATED COST, AND FIXED FEE FOR OPTION PERIOD 2
OPTION PERIOD 3 (12 MONTHS, 8/1/2019 – 7/31/2020)
3001 FFP
Project Management - PWS 6.0, 7.7, and 8.0
Lot 24
3002 FFP
Course Delivery Management –
PWS 7.1
Lot 24
3003 FFP COBRATF – PWS
7.3 Lot 24
3004 FFP
Equipment Management –
PWS 7.5
Lot 24
3005 FFP
Safety Operations and Management –
PWS 7.6
Lot 24
3006 CPFF
Estimated Costs - Instructors, Logistical Support, Overtime and Other
Lot 1
B-4
Direct Costs - PWS 7.1, 7.4 and 7.5
3007 CPFF
Instructors, Logistical Support, and Other Direct Costs - Fixed Fee
Lot 24
3008 CPFF
Estimated Costs - External Agency Support – PWS 7.2
Lot 1
3009 CPFF
External Agency Support – Fixed Fee
Lot 24
TOTAL PRICE, ESTIMATED COST, AND FIXED FEE FOR OPTION PERIOD 3
OPTION PERIOD 4 (12 MONTHS, 8/1/2020 – 7/31/2021)
4001 FFP
Project Management - PWS 6.0, 7.7, and 8.0
Lot 24
4002 FFP
Course Delivery Management –
PWS 7.1
Lot 24
4003 FFP COBRATF – PWS
7.3 Lot 24
4004 FFP
Equipment Management –
PWS 7.5
Lot 24
4005 FFP
Safety Operations and Management –
PWS 7.6
Lot 24
4006 CPFF
Estimated Costs - Instructors, Logistical Support, Overtime and Other Direct Costs - PWS 7.1, 7.4 and 7.5
Lot 1
4007 CPFF
Instructors, Logistical Support and Other Direct Costs - Fixed Fee
Lot 24
4008 CPFF
Estimated Costs - External Agency Support – PWS 7.2
Lot 1
4009 CPFF
External Agency Support – Fixed Fee
Lot 24
TOTAL PRICE, ESTIMATED COST, AND FIXED FEE FOR OPTION PERIOD 4
TOTAL PRICE, ESTIMATED COST, AND FIXED FEE (BASE & ALL OPTIONS)
B-5
HSFE20-16-R-0009 Section C
C-1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
The Performance Work Statement is provided under Attachment 1 of Section J of Part III.
HSFE20-16-R-0009 Section D
D-1
SECTION D - PACKAGING AND MARKING
Preservation, packing and packaging for shipment of all items ordered hereunder shall be in accordance with commercial practice and adequate to insure both acceptance by common carrier and safe transportation at the most economical rate(s).
Any shipments shall be addressed to:
Center for Domestic Preparedness 40 Twill Lane Anniston, AL 36205 Mark For: Contract #: TBD
All shipments shall be made in accordance with FAR 52.247-34 F.O.B Destination.
HSFE20-16-R-0009 Section E
E-1
SECTION E - INSPECTION AND ACCEPTANCE
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 INSPECTION OF SUPPLIES--FIXED-PRICE AUG 1996
52.246-3 INSPECTION OF MAY 2001
SUPPLIES—COST-REIMBURSEMENT
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996
52.246-5 INSPECTION OF APR 1984
SERVICES--COST-REIMBURSEMENT
52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984
E.2 INSPECTION AND ACCEPTANCE
Inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative using email correspondence for approval/acceptance of work product submissions or an evaluation record, conducted at the following location:
Inspection:
Center for Domestic Preparedness 61 Responder Drive Anniston, AL 36205
Acceptance:
Center for Domestic Preparedness 61 Responder Drive Anniston, AL 36205
For the purpose of this clause, the Contracting Officer’s Representative (COR) named in the Designation of Contracting Officer’s 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 occur, the Contractor will be notified by a written notice.
E.3 GOVERNMENT QUALITY ASSURANCE AND SURVEILLANCE PLAN
The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. Government quality assurance will be performed routinely by the COR; however, other activities may be called upon to support this effort as required. The Quality Assurance Surveillance Plan (QASP) is provided under Section J, Attachment 2.
The QASP will be used by the Government to evaluate the Contractor's performance over the life of the contract. Through this evaluation, the COR will identify both positive and negative aspects of the contractor's performance. This will allow the COR to
HSFE20-16-R-0009 Section E
E-2 communicate to the contractor those aspects that are strengths of their performance, and those aspects considered to be deficiencies/weaknesses in their performance and which need to be addressed and corrected. For those tasks listed in the QASP, the COR or designated quality assurance evaluators will follow the methods of surveillance specified in this contract. The COR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspections results.
Government surveillance of tasks not listed in the QASP may occur during the performance of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Unsatisfactory performance for any Performance Standard/Acceptable Quality Level (AQL) item may result in other appropriate action(s) by the Contracting Officer in accordance with the Inspection of Services clause, including Termination for Default. Any action taken by the Contracting Officer as a result of surveillance will be in accordance with the terms of this contract.
E.4 METHODS OF SURVEILLANCE
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.
E.5 PERFORMANCE OF GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS
In accordance with the Inspection of Services clause of this contract, the Government intends to perform the quality assurance functions listed in the QASP.
HSFE20-16-R-0009 Section F
F-1
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.
52.242-15 STOP-WORK ORDER AUG 1989
52.242-15 STOP-WORK ORDER AUG 1989
ALTERNATE I (APR 1984)
52.247-34 F.O.B. DESTINATION NOV 1991
52.247-48 F.O.B. DESTINATION--EVINDENCE OF SHIPMENT FEB 1999
52.247-55 F.O.B. POINT FOR DELIVERY OF JUN 2003
GOVERNMENT-FURNISHED PROPERTY
F.2 PERIOD OF PERFORMANCE
All work and services required here under shall be completed on or before 12 months after the effective date of the contract. If the Government exercises all options the total period of performance shall not exceed 60 months (Ref. FAR 52.217-9). However, the total period of performance may be extended for a cumulative period not to exceed six months under the Option to Extend Services clause (Ref. FAR 52.217-8).
Phase-in Period: 1 Month from effective date Base Period: 11 Months following phase-in period Option Period 1: 12 Months following base period Option Period 2: 12 Months following option period 1 Option Period 3: 12 Months following option period 2 Option Period 4: 12 Months following option period 3
Anticipated effective date is August 1, 2016.
F.3 PRINCIPAL PLACE OF PERFORMANCE
The effort required under this contract shall be performed at:
Center for Domestic Preparedness 61 Responder Drive Anniston, AL 36205
Off-site places of performance: TBD
F.4 DELIVERABLES
See Performance Work Statement, Attachment 1, for list of contract deliverables.
HSFE20-16-R-0009 Section G
G-1
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 BILLING INSTRUCTIONS (JUN 2014)
Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.
Contractors shall submit vouchers electronically in pdf format to the FEMA Finance Center at:
FEMA-Finance-Vendor-Payments@fema.dhs.gov AND
Contractors shall also submit an electronic pdf copy to the Center for Domestic Preparedness at:
CenterforDomesticPreparedness-FinanceOffice@fema.dhs.gov.
A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.
G.2 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)
Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.
G.3 INVOICE APPROVAL (JUN 2014)
The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:
Authorized Invoice Approver
Name: TBD Title: TBD Phone: TBD Email: TBD
G.4 INVOICE INSTRUCTIONS (JUN 2014)
Invoices shall be submitted as follows:
mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov mailto:CenterforDomesticPreparedness-FinanceOffice@fema.dhs.gov
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Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.
SF 1034 and 1035 instructions:
SF 1034--Fixed Price
The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:
(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.
(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.
(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.
(4) Requisition Number and Date - leave blank.
(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-FINAL).
(6) Schedule Number; Paid By; Date Invoice Received - leave blank.
(7) Discount Terms - enter terms of discount, if applicable.
(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.
(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.
(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.
(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.
(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.
"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."
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(Name of Official) (Title)
(13) Quantity; Unit Price - insert for supply contracts.
(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.
INVOICE PREPARATION INSTRUCTIONS SF 1035
The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.
The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:
U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.
Voucher Number - insert the voucher number as shown on the Standard Form 1034.
Schedule Number - leave blank.
Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.
Number and Date of Order - insert payee's name and address as in the Standard Form 1034.
Articles or Services - insert the contract number as in the Standard Form 1034.
Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).
A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.
G.5 IDENTIFICATION OF GOVERNMENT OFFICIALS
The Government Officials assigned to this contract are as follows:
Administrative Contracting Officer:
Name: Gary P. Topper
Phone: (301) 447-7280
Fax: (301) 447-1092
Email: gary.topper@fema.dhs.gov
Administrative Contract Specialist:
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Name: James Suerdieck
Phone: (301) 447-7244
Fax: (301) 447-1092
Email: james.suerdieck@fema.dhs.gov
Contracting Officer's Representative:
Name: TBD
Phone: TBD
Fax: TBD
Email: TBD
G.6 TECHNICAL DIRECTION AND SURVEILLANCE
(a) 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 Performance Work Statement;
(2) Constitutes a change as defined in the contract clause entitled "Changes";
(3) In any manner causes an increase or decrease in the total fixed price 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 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 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 five (5) 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
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(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.
(g) Performance of the work under this contract shall also be subject to the surveillance of Technical Monitors, as directed by the COR.
G.7 FUNDS AVAILABLE
(a) Currently, funds in the amount of $______________ are obligated to this Contract.
(b) Should the Government elect to exercise any of its options for additional services under the Contract, the amounts specified in Section B will be obligated to the Contract, subject to availability of funds and formal modification to this contract by the Contracting Officer.
G.8 PAYMENT – Fixed Price (CLINs and Optional CLINs)
The Government will pay the Contractor the fixed unit prices specified in Section B, upon satisfactory completion of services during the period billed. Satisfactory completion shall be determined by the COR and the Contracting Officer
G.9 PAYMENT – Cost Reimbursement (CLINs and Optional CLINs)
(a) The Contractor may be reimbursed for costs, as allowable under the provisions of Subpart 31.2 of the Federal Acquisition Regulation (FAR) in the not-to-exceed amount of the level of funding remaining available on the current Estimated Cost CLINs, subject to the Limitation of Funds clause.
(b) The Contractor may request interim payments for costs incurred during the performance of this contract. Each interim payment request shall be supported by a statement of costs incurred by the Contractor in the performance of this contract and claimed to constitute allowable costs. All interim payments will be made upon determination that adequate progress towards successful contract completion is being made.
(c) Final invoice payment shall be made upon the CO’s determination that all contract requirements have been completed. The payment due date for the final invoice shall be established in accordance with FAR 52.232-25.
G.10 SUBCONTRACTS – Advance Notification and Consent
The requirements of FAR 44.2, Consent to Subcontracts, have been fulfilled for the following subcontract:
List: (as negotiated)
G.11 TRAVEL AND PER DIEM
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Travel and per diem authorized under this contract shall be in accordance with Government travel regulations currently in effect.
Travel requirements shall be met using the most economical form of transportation available. Fee is not authorized for travel and per diem costs.
HSFE20-16-R-0009 Section H
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 SUBCONTRACTING PLAN
The successful offeror will be required to submit a subcontracting plan. The subcontracting plan submitted will include the goals set forth below for each socio-economic grouping listed. The goals will be applied to the total subcontracted dollars of each year of performance. For example, if the total subcontracted dollars of the contract for each year is $1 million and the total period of performance is a base year and four one-year options, the subcontracting goal for all small businesses for the base year and every option year is $310,000 for a total of $1.55 million over the life of the contract. Each subcontracting plan submitted will be reviewed to determine whether the successful offeror or offerors have submitted an acceptable subcontracting plan. See Sections L.8 and I.9 for additional instructions on the submission of the subcontracting plan. Subcontracting Plan requirement does not apply Small Business prime offerors.
Category Subcontracting Goal All Small Businesses 31% Small Disadvantaged Businesses (non 8(a) firms) 4% 8(a) Small Disadvantaged Businesses 4% Woman-owned Small Businesses 6% Service-Disabled Veteran-Owned Small Businesses 3% Historically Underutilized Empowerment Zone 3% Small Businesses
H.2 REPRODUCTION OF REPORTS
Reproduction of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages times number of copies. A production unit is one sheet, size 8 1/2x11 inches or less, printed on one side only, and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters, and plates which are to be used on single-unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducibles (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written material.
H.3 WAGE DETERMINATION
In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination set forth in Section J, Attachment 46, or as updated through modification of the contract.
H.4 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.5 WELFARE TO WORK
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The Department of Homeland Security/FEMA is committed to hiring and retaining welfare recipients, including food stamp participants, into its workforce. DHS/FEMA encourages its contractors to contribute to this initiative by actively seeking welfare recipients for entry level, or other appropriate positions to the maximum extent possible. The individuals recruited through this program will have the opportunity to learn marketable skills, develop good work habits, and receive on-the-job training.
H.6 BACKGROUND INVESTIGATIONS
All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed.
FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.
Low Risk without Information System Access Contractor personnel occupying positions or performing functions with a Low Risk designation and who do not require access to DHS or FEMA information systems shall undergo a National Agency Check with Inquiries (NACI) and a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.
Low Risk with Information System Access Contractor personnel occupying positions or performing functions with a Low Risk designation and who require access to DHS or FEMA information systems shall undergo a Moderate-Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.
Moderate Risk Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Moderate- Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.
High Risk Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a Background Investigation (BI) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.
Background Investigation Process To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.
Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if
• the investigation was completed within the last five years,
• it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract,
• the contractor personnel have not had a break in employment since the prior favorable adjudication, and
• FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.
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FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication.
The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.
For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email to the contractor personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the Office of Personnel Management’s Electronic Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information:
• Standard Form 85P, “Questionnaire for Public Trust Positions Optional Form 306, “Declaration for Federal Employment”
• SF 87, “Fingerprint Card” (2 copies)
• DHS Form 11000-6, “Non-Disclosure Agreement”
• DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer…
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