FEMA_BPA_Hardware_Software_Draft.pdf

Draft

OMB Control No. 1505-0080

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION

CALL:

a. NAME

b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS

Federal Emergency Management Agency

UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS EMERGING SMALL

BUSINESS

NAICS:

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR700)

13b. RATING

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

FEMA Federal Emergency Management Agency

17a. CONTRACTOR/OFFEROR

CODE FACILITY

18a. PAYMENT WILL BE MADE BY CODE

CODE

FEMA Beckley Finance Center

TELEPHONE NO. 703-279-3000 APPTIS, INC.

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.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The purpose of this contract action is to establish a Blanket

Purchase Agreement per the attached SOW.

0001 ESTABLISHMENT OF HEWLETT PACKARD (HP) or

1.00 EA 0.00 0.00

Equivalent BPA.

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

25. ACCOUNTING AND APPROPRIATION DATA

None

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

$ 0.00

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5).

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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 STANDARD FORM 1449 (REV. 3/2005)

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

X

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35.AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39.S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42.a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

BLANKET PURCHASE AGREEMENT (BPA)

Pursuant to GSA Federal Supply contract number____, the Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) exclusively with the Federal Emergency Management Agency.

Scope: _____and made available through the use of ____ Federal Supply Schedule Contract and that of its team partners established in accordance with

FAR 9.6

Term: The Government anticipates a five (3) year term beginning on the date of establishment, 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.

List of Attachments:

Attachment 1- LAPTOP MINIMUNSPECIFICATIONS

Attachment 2- STATEMENT OF WORK (SOW)/TERMS AND CONDITIONS

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA, and any task order/delivery order issued pursuant to this BPA, the provisions of this BPA will take precedence unless the delivery order expressly states an intention to override the provisions of the BPA, in which case the provisions of that task/delivery order will take precedence. In the event of an inconsistency between this BPA and the Contractor’s invoice, the provisions of the BPA or delivery order will take precedence over the provisions of the invoice.

ATTACHMENT 1

DISCOUNTS

CLIN Description OEM Discount % 0001 Desktops Hewlett-Packard 15.32% to 19.89%

Laptops Ultra Laptop

Hewlett-Packard Hewlett-Packard

12.00% to 31.31% 10.07%

0003 Monitors Samsung 9.24% to 19.58% 0004 Printers Hewlett Packard

Lexmark 4.97% to 14.77%

4.09% 0005 Scanners Hewlett-Packard

Fujitsu 9.91% 2.05%

0006 Servers Hewlett-Packard 15.00% to 27.47% 0007 Tape Library Hewlett-Packard 10.03% to 14.02% 0008 Other Hewlett-Packard

SimpleTech US Modular

4.6% to 12.15% 2.21% to 2.61% 4.66% to 5.32%

0009 Maintenance

For all OEMs provided on FEMA

10%

0010 Consulting Services Apptis, Inc. 5%

The minimum discount structure by product category per contractor’s proposal is provided below;

• Desktops - ~ 17.32% o Laptops - ~ 15.34%

• Monitors - ~ 15.194%

• Printers – HP Line ~ 6.51% ; Lexmark Line ~ 4.09

• Scanners – HP Line 9.91% ; Fujitsu Line 2.05%

• Servers - ~ 18.22%

• Tape Libraries - ~10.73%

• Other – HP Products ~ 6.95% ; SimpleTech Products ~ 2.60% ; US

Modular Products ~ 4.86

• Maintenance

• Consulting Services

ATTACHMENT 2

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 anticipates the establishment of one or more BPAs resulting from this Request for Quotations (RFQ) that will provide for FEMA and 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 laptops at a discount off of the GSA FSS of the Contractor or its teammates, subcontractors or partners.

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.

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.

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 three (3) 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 FEMA and may place orders under this BPA.

4.3 The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be $______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 - 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;

(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 any one or all locations of FEMA as agreed upon in individual orders.

4.7. The Federal Emergency Management Agency Purchase card – The FEMA purchase cards may be used under this BPA. A FEMA Purchase card transaction is defined as a single purchase for information technology items under the FEMA BPA. The following applies to the FEMA Purchase Card usage:

• All terms and conditions established in this BPA apply to the FEMA purchase card orders;

• A single transaction can be for $_____ or less and each cardholder can make a maximum of $______ worth of card purchases per month;

• Maintenance (other than warranty with the initial purchase), services and open market items cannot be purchased using the FEMA purchase cards;

• The cardholder’s card number is used as the payment method.

Each individual transaction is processed with the credit card number at the time of purchase. BPA holders are prohibited from maintaining a cardholder’s credit card number on file beyond the processing of a single transaction.

4.8 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.

4.9 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.

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 Microsoft EXCEL and shall be sent via email to the Contracting Officer on the following dates January 15, April 15, July 15 and October 15.

7.0 IR1052-01-001 ELECTRONIC FUNDS TRANSFER (EFT) PAYMENTS

Effective May 1, 2002, in order to receive payments under this contract/award, contractors are required to register in the Central Contractor Registration (CCR) database. Beginning October 1, 2002, CCR will be the primary database used to obtain contractor information for all Federal Government contracts. Contractors can complete the on-line CCR registration process by accessing http://www.ccr.gov. Annual renewal of a contractor's registration is a requirement. There are mandatory fields in CCR that need to be completed before the registration can become active. For example, contractor business, name, address, telephone, point of contact, business start date, Data Universal Numbering System (DUNS) number (plus 4 digits, if applicable), Taxpayer Identification Number (TIN) and the Electronic Funds Transfer (EFT) account numbers to permit receipt of electronic payments, are all mandatory fields. Registration via the internet can generally be activated within 48 hours, if all the information is complete and accurate. Registration via another method can take up to 30 days.

The CCR web site contains information and a telephone number (800-333-0505) where a contractor can call to get an expedited DUNS number, in order to start the registration process. Contractors must obtain the EFT account numbers from its own financial institution, if not already known. Contractors will be ineligible for awards, if they are not registered in CCR, unless they meet an exception or apply for a waiver. Contractors requesting a waiver from CCR registration must apply via the Contracting Officer. Only the FEMA Chief Procurement Officer (BCPO) can approve a waiver from CCR registration and permit the award action, if the contractor is not registered in CCR. Any contractor meeting an exception or obtaining a waiver from CCR registration is still required to get an EFT account in order to receive electronic payments, in accordance with the Debt Collection Improvement Act. Contractors shall then submit a completed Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Form (formerly SF 3881) directly to:

Federal Emergency Management Agency Office of Financial Applications Support and Technology

The ACH Vendor/Miscellaneous Payment Enrollment Form can be obtained from the FEMA Contracting Officer or _________________.

In order for contractor invoices to be determined proper and payments made under applicable awards, contractor EFT information must be valid and current. Valid contractor EFT information must include the Agency information; the Payee/Company information including Taxpayer Identification Number (TIN); and the Contractor's financial institution information, including the nine-digit routing transit number, account type and account number. If the contractor is registered in CCR, changes can be made to its business profile at any time. Under this award, if any changes are made to the mandatory business information in CCR, the contractor is required to notify the FEMA Finance Office within three (3) business days. Under this award, those contractors not registered in CCR but enrolled in EFT payments, are also required to report any changes to their business information to the FEMA Finance Office within three (3) business days. Contractors can e-mail notification of their changed CCR and EFT business information directly to: CFOBFC.CCRPaymentinformation@FEMA.gov

Valid contractor EFT payment information is required in order for the Government to make any payment under this award. Invoices received prior to the receipt of valid EFT information shall be deemed improper for the purpose of prompt payment under this award and payments will be rejected or suspended. Contractors may only request a waiver from EFT payments if they meet one of the criteria listed on the Request for Waiver of Electronic Funds Transfer (EFT) Payment Form. The waiver request form can be obtained via the Contracting Officer or the FEMA Office of Finance

Support and Technology at telephone_______. Waivers from EFT Payments are only granted by the FEMA Office of Finance and contractors must obtain the waiver from EFT payments, prior to award being made.

2. IRT01-05-5083 Accessibility of Electronic and Information Technology (May 2001)

Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or In the case of custom Electronic and Information Technology (EIT) being developed for the Government, the Government shall have the right to have any necessary changes made or replaced by FEMA or performed by it or by another firm and the contractor shall reimburse the Government for any expenses incurred thereby.

For every EIT product or service accepted under this contract by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either the planned refresh cycle of the product or service, or on the contract renewal date, whichever shall occur first.

3. 1052.204-9002 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL (October 2005)

(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.

a) 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.

4. 1052.224-9000--Disclosure of Information--Safeguards. (JAN 1998)

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.

5. FEMAAP 1052.224-9000 DISCLOSURE OF "OFFICIAL USE ONLY"

INFORMATION SAFEGUARDS (DEC 1988)

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.

6. 1052.224-9001-Disclosure of Information--Criminal/Civil Sanctions (JAN 1998)

(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. These penalties are prescribed by ______and set forth at 26 CFR 301.6103(n)-1.

(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 ________________.

(3)

(4) 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]

7. FEMAAP 1052.224-9001 DISCLOSURE OF INFORMATION-OFFICIAL USE

ONLY (DEC 1988)

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.

8. FEMAAP1052.224-9002 DISCLOSURE OF INFORMATION--INSPECTION

(DEC 1988)

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.

9. 1052.239-9000 RISK OF LOSS OR DAMAGE--PURCHASE OF EQUIPMENT

(JANUARY 1992)

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.

10. 1052.239-9007 ACCESS, USE OR OPERATION OF FEMA INFORMATION

TECHNOLOGY (IT) SYSTEMS BY CONTRACTORS (SEP 2003)

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.

All current and new FEMA contractor employees authorized staff-like (unescorted) access to FEMA owned or controlled facilities and information systems, or work, wherever located, on those contracts which involve the design, operation, repair or maintenance of information systems and access to sensitive but unclassified information shall comply with the FEMA Information Technology Security Policy and Guidance, may be requested from the contracting officer or Contracting Officer Technical Representative (COTR).

Notice: The FEMA Policy 87-04 which authorizes limited personal use of IT systems by FEMA employees does not apply to contractor employees.

2. Access Request and Authorization.

Within (10) calendar days after contract award, issuance of a task order or other award notice, or acceptance of new or substitute contractor employees by the COTR, the contractor shall provide the COTR a list of names of all applicable contractor employees and the FEMA location(s) identified in the contract for which access is requested. A security screening, if determined appropriate by the FEMA, will be conducted by the FEMA for each contractor employee requiring access to FEMA’ IT systems, or as otherwise deemed appropriate by the COTR. The Government reserves the right to determine fitness of a contractor employee assigned staff-like access under a contract and whether the employee shall perform or continue performance under the contract. Security screenings of contractor employee which reveal the following may be unacceptable under this contract: conviction of a felony, a crime of violence or a serious misdemeanor, a record of arrests for continuing offenses, or failure to file or pay Federal income tax (not an inclusive list). Upon notification from the National Background Investigations Center (NBIC) of an acceptable contractor employee security screening, the COTR will complete an Online 5081, Information System User Registration/Change Request, for each prime or subcontractor employee and require an electronic signature from each employee indicating the contractor employee has read and fully understands the security requirements governing access to the Service’s IT systems. FEMA approval of the Online 5081 is required before a contractor employee is granted access to, use or operation of FEMA IT systems.

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.

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.

11. FEMAAP 1052.239-9002 YEAR 2000 WARRANTY -- COMMERCIAL SUPPLY

PRODUCTS (JUL 1997)

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.

12. 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.

[End of Clause]

13. 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.

14. 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.

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL

CONTRACTOR REGISTRATION (OCT 2003)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause.

As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System.

The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database;

and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

(End of clause)

IR1052-01-001 ELECTRONIC FUNDS TRANSFER (EFT) PAYMENTS

Effective May 1, 2002, in order to receive payments under this contract/award, contractors are required to register in the Central Contractor Registration (CCR) database. Beginning October 1, 2002, CCR will be the primary database used to obtain contractor information for all Federal Government contracts. Contractors can complete the on-line CCR registration process by accessing http://www.ccr.gov.

Annual renewal of a contractor's registration is a requirement. There are mandatory fields in CCR that need to be completed before the registration can become active.

For example, contractor business, name, address, telephone, point of contact, business start date, Data Universal Numbering System (DUNS) number (plus 4 digits, if applicable), Taxpayer Identification Number (TIN) and the Electronic Funds Transfer (EFT) account numbers to permit receipt of electronic payments, are all mandatory fields. Registration via the internet can generally be activated within 48 hours, if all the information is complete and accurate. Registration via another method can take up to 30 days.

The CCR web site contains information and a telephone number (800-333-0505) where a contractor can call to get an expedited DUNS number, in order to start the registration process. Contractors must obtain the EFT account numbers from its own financial institution, if not already known. Contractors will be ineligible for awards, if they are not registered in CCR, unless they meet an exception or apply for a waiver.

Contractors requesting a waiver from CCR registration must apply via the Contracting Officer. Only the Bureau Chief Procurement Officer (BCPO) can approve a waiver from CCR registration and permit the award action, if the contractor is not registered in CCR. Any contractor meeting an exception or obtaining a waiver from CCR registration is still required to get an EFT account in order to receive electronic payments, in accordance with the Debt Collection Improvement Act. Contractors shall then submit a completed Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Form (formerly SF 3881) directly to:

Federal Emergency Management Agency Office of Financial Applications Support and Technology

The ACH Vendor/Miscellaneous Payment Enrollment Form can be obtained from the FEMA Contracting Officer or from the FEMA Office of Financial Applications Support and Technology, points of contact______.

In order for contractor invoices to be determined proper and payments made under applicable awards, contractor EFT information must be valid and current. Valid contractor EFT information must include the Agency information; the Payee/Company information including Taxpayer Identification Number (TIN); and the Contractor's financial institution information, including the nine-digit routing transit number, account type and account number. If the contractor is registered in CCR, changes can be made to its business profile at any time. Under this award, if any changes are made to the mandatory business information in CCR, the contractor is required to notify the FEMA Beckley Finance Office within three (3) business days.

Under this award, those contractors not registered in CCR but enrolled in EFT payments, are also required to report any changes to their business information to the FEMA Finance Office within three (3) business days. Contractors can e-mail notification of their changed CCR and EFT business information directly to: _____

Valid contractor EFT payment information is required in order for the Government to make any payment under this award. Invoices received prior to the receipt of valid EFT information shall be deemed improper for the purpose of prompt payment under this award and payments will be rejected or suspended. Contractors may only request a waiver from EFT payments if they meet one of the criteria listed on the Request for Waiver of Electronic Funds Transfer (EFT) Payment Form. The waiver request form can be obtained via the Contracting Officer or the FEMA Office of Financial Applications Support and Technology at_______.