FEMA_BPA_Draft__Version_12__4__2014_(3).pdf

FEMA OCIO BLANKET PURCHASE AGREEMENT

STATEMENT OF WORK (SOW)/TERMS AND CONDITIONS

1.0 BACKGROUND

The Federal Management Agency Office of the Chief Information Officer (FEMA OCIO) was established to facilitate the acquisition and development of Information Technology (IT) hardware, software, warranty, maintenance and support services in an expeditious and efficient manner. Also, the OCIO ensures implementation of appropriate security and governance with regard to FEMA IT assets.

The Government is seeking a one-stop shopping vehicle, which offers a wide array of computer hardware and software products to include computer hardware, software and licenses, and maintenance that is found under Schedule 70 – General Purpose Commercial Information Technology Equipment, Software, and Services. A specific list of equipment models will be provided at a later date/solicitation. The Government anticipates the establishment of one or more BPAs resulting from a Request for Quotations (RFQ) that will provide for the FEMA Federal Emergency Management Agency continuing IT needs.

2.0 SCOPE OF WORK

The Contractor shall provide, as required by individual delivery/task orders, the hardware, and/or software, warranty, maintenance and other support services required for the installation and support of all items supplied under this BPA. Such hardware, software, warranty, maintenance and other support services shall be supplied in conformance with the terms and conditions the Contractor’s General Service Administration (GSA) Federal Supply Schedule (FSS) and this BPA.

2.1 HARDWARE

The Contractor shall provide all servers, laptops and mobile devices at a discounted rate off the GSA FSS. The Contractor shall ensure that all hardware devices that utilize telephone services are compatible with the current FEMA contracted telephone service for each device.

2.2 SOFTWARE

The Contractor shall provide all required firmware/software including upgrades and software maintenance at a discount off of the GSA FSS of the Contractor or its teammates, subcontractors or partners. The Contractor shall ensure that the current FEMA image, to include all applicable software, is loaded to each machine prior to delivery.

2.3 WARRANTY

The Contractor shall provide a three (3) year warranty for all hardware purchased under this BPA unless otherwise requested. This warranty shall be provided at a discount off of the GSA FSS of the Contractor or its teammates, subcontractors or partners. This warranty shall begin on the day after acceptance of the item/product/software/software support and shall extend services for a period of 1095 calendar days concurrent within the manufacturer's standard warranty. The contractor shall also retain responsibility for the software products, replacement, and upgrades.

The contractor shall have one toll-free ("1-800") telephone number through which Government users can request customer technical assistance 24 hours per day seven days per week. A customer technical assistance representative shall be available to receive calls during the prime period: 8:00am to 8:00 pm local time, Monday through Friday (excluding Federal Holidays). A recording device is acceptable at other times for 24 hour, seven days a week coverage.

Repairs for all items under this BPA shall be completed with 24 work hours of initial notification to the contractor. Each work day is defined as nine work hours, beginning at 8:00am and ending at 5:00pm local time Monday through Friday (includes a half hour lunch and two fifteen minute breaks). Federal holidays are excluded. If repairs cannot be completed within the 24 work hour period, the contractor shall provide a replacement product of at least equivalent functionality.

If products must be replaced the replacement product shall become the property of the Government.

2.4 MAINTENANCE

The Contractor shall provide maintenance for hardware as its warranty expires.

This maintenance shall be provided at a discount off of the GSA FSS of the Contractor or its teammates, subcontractors or partners.

The contractor shall have one toll-free ("1-800") telephone number through which Government users can request customer technical assistance 24 hours per day seven days per week. A customer technical assistance representative shall be available to receive calls during the prime period: 8:00am to 8:00 pm local time, Monday through Friday (excluding Federal Holidays). A recording device is acceptable at other times for 24 hour, seven days a week coverage.

Repairs for all items under this BPA shall be completed with 24 work hours of initial notification to the contractor. Each work day is defined as nine work hours, beginning at 8:00am and ending at 5:00pm local time Monday through Friday (includes a half hour lunch and two fifteen minute breaks). Federal holidays are excluded. If repairs cannot be completed within the 24 work hour period, the contractor shall provide a replacement product of at least equivalent functionality.

If products must be replaced the replacement product shall become the property of the Government.

2.5 SUPPORT SERVICES

The Contractor shall provide installation, integration, and other consulting services as required to implement the hardware and software solutions provided under this agreement. These services shall be provided at a discount off of the FSA GSA FSS of the Contractor or its teammates, subcontractors or partners.

3.0 BPA TERM

The Government anticipates a five (5) year term, however, the term may be extended to meet program requirements. BPAs may be established that extend beyond the current term of their GSA Schedule contract, so long as there are option periods in their GSA Schedule contract that, if exercised, will cover the BPA's period of performance.

4.0 ORDERING/DELIVERY

4.1 All orders placed against this BPA are subject to the terms and conditions of the GSA FSS contract and the terms and condition of this agreement.

4.2 All dully warranted Contracting Officer of the FEMA place orders under this BPA.

4.3 The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be $25,000,000.00 per year.

4.4. The BPA does not obligate funds. Funds will be obligated and invoice requirements will be stated on individual task/delivery orders. The Government does not guarantee any minimum order volume.

4.5. Delivery Tickets – All deliveries must contain a barcode which can be used to identify equipment through FEMA asset management system. Unless otherwise agreed to all deliveries under this BPA must be accompanied by delivery tickets that must contain the following information as a minimum:

(a) Name of Contractor;

Comment [JN1]: Subject to change

(b) Contract Number;

(c) BPA Number;

(d) Model Number or National Stock Number (NSN);

(e) Delivery/Task Order Number;

(f) Date of Purchase;

(g) Quantity, Unit Price, and Extension of Each Item; and

(h) Date of Shipment.

4.6. Throughout the entire term of this agreement, the items ordered under this BPA may be delivered to one or more FEMA locations, as specified and agreed upon in individual orders.

4.7 Travel – Non-local travel associated with this BPA will be reimbursed in accordance with the Government travel regulations. There will be no reimbursement of local travel.

4.8 Invoices - The original invoice shall be submitted to the Accounting Office designated in the delivery order. To improve the timeliness of the receipt and acceptance of delivered goods and/or services and receipt of payment by the contractor, copies of the invoice, clearly marked as information copies shall be submitted to the COTR or requestor identified on the order. To constitute a proper invoice, the invoice must include the following information documentation:

i. BPA Number;

ii. Delivery/Task Order Number;

iii. Date of Purchase;

iv. Item number, Quantity, Unit Price, and Extension of Each Item; and

v. Date of Shipment.

vi. Shipping and payment terms; and

vii. Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

4.9 Schedules- All deliveries will be made in accordance with their respective schedules. These schedules are as follows:

Normal Delivery- Rapid Deployment Delivery-

Comment [JN2]: TBD

4.10 Rapid Deployment Quantity- All deliveries must meet the minimum requested amount within the Rapid Deployment Delivery schedule

5.0 PRICE REDUCTIONS

Price reductions apply to all products listed on the Discount table. If during the term of this contractual vehicle, the contractor or the provider of any products permanently reduces its price, for all quantities available for sale, to the U.S. Government, any state or local government, or the general public, then the contractor shall immediately implement the permanent price reduction for those products on this contractual vehicle.

This is not required as a result of temporary price reductions, one-time, or intermittent sales. However, the contractor may offer on this contract vehicle at any time temporary, one-time or intermittent price reduction of any product.

6.0 QUARTERLY REPORTS

On a quarterly basis, the Contractor shall prepare a report of the aggregate number of actions under the BPA as well as the total dollars obligated. The aggregate number of actions consists of both delivery and task orders as well as actions using the FEMA purchase card. The reports shall be prepared in a format that is easily understood and shall be sent via email to the Contracting Officer.

1. PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

a) The Contractor shall comply with FEMA personal identity verification procedures that implement HSPD-12, OMB guidance memorandum M-05-24, and FIPS Pub 201.

b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.

2. Disclosure of Information--Safeguards.

In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his/her employees with the following requirements:

(1) All work shall be performed under the supervision of the contractor or the contractor's responsible employees.

(2) Any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract.

Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone other than an officer or employee of the Federal Emergency Management Agency. Requests to make such inspections or disclosures should be addressed to the FEMA Contracting Officer.

(3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output shall be given the same level of protection as required for the source material.

(4) The contractor certifies that the data processed during the performance of this contract shall be completely purged from all data storage components of his/her computer facility and no output will be retained by the contractor at the time the FEMA work is completed. If immediate purging of all data storage components is not possible, the contractor certifies that any FEMA data remaining in any storage component will be safeguarded to prevent unauthorized inspection or disclosure.

(5) Any spoilage or any intermediate hard copy printout which may result during the processing of FEMA data shall be given to the FEMA Contracting Officer or his/her designee. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts and shall provide the FEMA Contracting Officer or his/her designee with a statement containing the date of destruction, description of material destroyed, and the method used.

(6) No work involving information furnished under this contract will be subcontracted without the specific approval of the FEMA Contracting Officer.

(7) All computer systems processing, storing and transmitting tax data must meet or exceed computer access protection controls (C2). To meet C2 requirements, the operating security features of the system must have the following minimum requirements: a security policy, accountability, assurance and documentation. All security features must be available (object reuse, audit trails, identification\authentication, and discretionary access control) and activated to protect against unauthorized use of and access to tax information.

(8) Should a person (contractor or subcontractor) or one of his/her employees make any unauthorized inspection(s) or disclosure(s) of confidential tax information, the terms of the Default clause (FAR 52.249-8), incorporated herein by reference, may be invoked, and the person (contractor or subcontractor) will be considered to be in breach of this contract.

3. DISCLOSURE OF "OFFICIAL USE ONLY" INFORMATION SAFEGUARDS

Any Federal Emergency Management Agency Information made available or to which access is provided, and which is marked or should be marked "Official Use Only", shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employee of the contractor or subcontractor at any tier shall require prior written approval of the FEMA. Requests to make such disclosure should be addressed to the FEMA Contracting Officer.

4. Disclosure of Information--Criminal/Civil Sanctions

(1) Each officer or employee of any person (contractor or subcontractor) at any tier to whom returns or return information is or may be disclosed shall be notified in writing by the person (contractor or subcontractor) that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person (contractor or subcontractor) shall also notify each such officer and employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure plus in the case of willful disclosure or a disclosure which is the result of gross negligence, punitive damages, plus the cost of the action.

(2) Each officer or employee of any person (contractor or subcontractor) to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract and that inspection of any such returns or return information for a purpose or to an extent not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person (contractor or subcontractor) shall also notify each such officer and employee that any such unauthorized inspection of returns or return information may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection plus in the case of a willful inspection or an inspection which is the result of gross negligence, punitive damages, plus the costs of the action. The penalties are prescribed by Title 26 U.S. Code 7213A – Unauthorized inspection of returns or return information.

(3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(I)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established hereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

[End of clause]

5. DISCLOSURE OF INFORMATION-OFFICIAL USE ONLY

Each officer or employee of the contractor or subcontractor at any tier to whom "Official Use Only" information may be made available or disclosed shall be notified in writing by the contractor that "Official Use Only" information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such "Official Use Only" information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to ten years or both.

6. DISCLOSURE OF INFORMATION--INSPECTION

The Federal Emergency Management Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, the Contracting Officer may require specific measures in cases where the contractor is found to be noncompliant with contract safeguards.

7. RISK OF LOSS OR DAMAGE--PURCHASE OF EQUIPMENT

Where the Government is liable for loss or damages to equipment, the Government shall have the following options:

(1) The Government may require the Contractor to restore the equipment to its previous condition, in which case, the Contractor shall submit a proposal for the repair. When the proposal is accepted, the Contracting Officer shall issue a modification to the contract authorizing the work to be accomplished. In no event shall the Contractor initiate the repair prior to receiving authorization from the Contracting Officer. Repair by the Contractor shall neither extend nor abbreviate any warranty rights under the contract.

(2) The Government may have the equipment repaired in-house or by another contractor. Should the Government elect this option, the Contracting Officer shall negotiate a contract modification, acceptable to the Government and the Contractor of the initial contract, clearly stating any changes in cost or coverage of any warranty in effect at the time of damage.

(3) In the event of loss, the appropriate Termination for Convenience clause will govern either the partial or full termination of the contract.

[End of clause]

8. 1052.239-9007 ACCESS, USE OR OPERATION OF FEMA INFORMATION

TECHNOLOGY (IT) SYSTEMS BY CONTRACTORS

In performance of this contract, the contractor agrees to comply with the following requirements and assumes responsibility for compliance by his/her employees:

1. FEMA Information Technology Security Policy and Guidance.

Must Be Added

2. Access Request and Authorization.

Must Be Added

3. Contractor Acknowledgement.

The contractor also acknowledges and agrees that he or she understands that all contract employees must comply with all laws, FEMA system security rules, FEMA security policies, standards, and procedures. The contractor also acknowledges that a contract employee’s unsanctioned, negligent, or willful violation of the laws, FEMA system security rules, FEMA security policies, standards, and procedures may result in the revocation of access to FEMA information technology systems, immediate removal from FEMA premises and the contract, and for violations of Federal statute or state laws, the contract employee may be arrested by Federal law enforcement agents.

4. Unauthorized Use of FEMA Resources.

Contractor employees shall not use FEMA information technology equipment/resources for activities that are personal in nature or illegal. Other types of actions that are unauthorized include but are not limited to:

(a) Creating, copying, transmitting, or retransmitting greeting cards, screen savers, video, sound (including streaming video or music) or other large file attachments; subscribing to unofficial LISTSERVs or other services that create a high-volume of email traffic, or using e-mail practices that involve ongoing message receipt and transmission (referred to as instant messaging/messenger). Using “Push” technology on the Internet, (e.g. subscribing to a service, not authorized by the FEMA, that gathers information and sends it out automatically to subscribers), and continuous data streams such as streaming stock quotes are inappropriate uses.

(b) Accessing personal e-mail accounts such as AOL or Hotmail through the FEMA Internet firewall, hacker’s information or tools, chat rooms (involving instant messaging) or gambling sites;

(c) Creating, downloading, viewing, storing, copying, or transmitting sexually explicit or sexually oriented materials such as adult pornography;

(d) Downloading, copying, and/or playing of computer video games;

(e) Posting agency information to external news groups, bulletin boards or other public forums without authorization; and

(f) Accessing child pornography, bondage and bestiality, obscenity or other types of images that violate criminal law.

Any unauthorized use may be reported to the Contracting Officer’s Technical Representative (COTR), the Contracting Officer, and the FEMA Inspector General.

5. Replacement Personnel.

Replacement personnel must be acceptable to the COTR. The contractor shall agree to remove the person assigned within one day of official notification by the Government and provide a replacement within five days. New hires or substitutions of personnel are subject to an acceptable FEMA security screening conducted by the FEMA National Background Investigation Center (NBIC), prior to being authorized access to FEMA facilities and information systems.

6. Monitoring Notification.

FEMA management retains the right to monitor both the content and the level of access of contractor employees’ use of FEMA IT systems. Contractor employees do not have a right, nor should they have an expectation, of privacy while using any FEMA information technology system at any time, including accessing the Internet or using e-mail. Data maintained on government office equipment may be subject to discovery and Freedom of Information Act requests. By using government information technology systems, consent to monitoring and recording is implied with or without cause, including (but not limited to) accessing the Internet or using e-mail or the telephone. Any use of government information technology systems is made with the understanding that such use is generally not secure, is not private and is not anonymous.

7. Subcontracts.

The Contractor shall incorporate this clause in all subcontracts, subcontract task or delivery orders or other subcontract performance instrument where the subcontractor employees will require access, use or operation of FEMA information technology systems.

9. WARRANTY -- COMMERCIAL SUPPLY PRODUCTS

The contractor warrants that each non-commercial item of hardware, software, and firmware delivered under this contract and listed below shall be able to accurately process date data (including, but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-FEMA centuries, including leap year calculations, when used in accordance with the item documentation provided by the contractor, provided that all listed or unlisted items (e.g. hardware, software, firmware) used in combination with such listed item properly exchange date data with it. If the contract requires that specific listed items must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed items as a system.

The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provision(s) of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to the Government under this warranty shall include repair or replacement of any listed item whose non-compliance is discovered and made known to the contractor in writing within the time period consistent with this contract's Inspection clause(s). Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects.

10. CONTRACTOR RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT,

AND SUPPLIES

If there is any damage to any Government property, equipment stock or supplies, during the performance of this contract, due to the fault or negligence of the Contractor, his agents, or employees, the Contractor shall be responsible for such loss or damage.

The Government at its option may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property.

The Contractor is responsible for maintaining all assigned space(s) in a clean, safe, and orderly fashion during the course of this contract. All telephones are for conducting official Government business only.

11. STANDARD OF CONDUCT AT GOVERNMENT INSTALLATIONS

The Contractor shall be responsible for maintaining satisfactory standards of employee competency conduct appearance and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones except as authorized.

12. ADDITIONAL TERMS AND CONDITONS

Additional Terms and Conditions may be added to delivery orders issued against this BPA as appropriate to the nature of the requirement.