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AMD 001
See Section L.8
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 __see Section L.8________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in
Until 1:00 PM (Local Time–WDC) local time ___10/07/2014____________________ (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 _120_______ 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:
DUNS: DUNS+4: 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
PHONE: FAX:
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 N/A 84
HSFE60-14-R-0002 8/24/2014
X
Federal Emergency Management Agency
Office of Chief Procurement Officer
500 C Street, S.W., PP 5th Floor
Washington DC 20472
Wayne Sok 202-646-3361 wayne.sok@fema.dhs.gov ana.Weimar-Nuila@fema.dhs.gov
X 1
X 3
X 4
X 1
X 1
X 3
X 9
X 7
X 24
X 1
X 14
X 13
X 3
FEMA Finance Center
P.O. Box 9001
Winchester VA 22604
Freda R. McDonald
HSFE60-14-R-0002 Section B
B-1
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 ITEMS TO BE ACQUIRED
The Contractor shall furnish all 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 following items of work:
See Section C, Statement of Objectives (SOO)
B.2 TOTAL ESTIMATED COST/PRICES
The period of performance, option periods and total estimated cost/price for each period shall be:
CLIN Performance Periods Total Estimated Amount*
Base Period
0001 NON-A&E SERVICES $ ____________________
ESTIMATED HOURS 68,000
The Ordering Period for CLIN 0001 shall begin on the effective date of the contract or date of award, whichever is later and end twelve (12) months after that date.
Individual Task Order(s) for Production and Technical Services may be issued during the Ordering Period
Option Period 1
1001 NON-A&E SERVICES $_______________________
ESTIMATED HOURS 105,000
The Ordering Period for CLIN 1001 shall begin on the day following the expiration of the Base Period and end twelve (12) months after that date.
Option Period 2
2001 NON-A&E SERVICES $________________________
ESTIMATED HOURS 105,000
B-2
The Ordering Period for CLIN 2001 shall begin on the day following the expiration of Option Period 1 and end
Option Period 3
3001 NON-A&E SERVICES $________________________
ESTIMATED HOURS 75,000
The Ordering Period for CLIN 3001 expiration of Option Period 2 and end
Option Period 4
4001 NON-A&E SERVICES $_________________________
ESTIMATED HOURS 60,000
The Ordering Period for CLIN 4001 expiration of Option Period 3 and end
TOTAL ESTIMATED AMOUNT BASE PLUS 4 OPTION PERIODS
(Contract Ceiling) $_______________________________
* Total Estimated Amount – Program Ceiling for all 5 years in total is $150,000,000. The Per Contract Ceiling will depend on the number of awards.
The total estimated (maximum potential) amount for each performance period includes all cost/charges including, but not limited to, Direct Labor, Other Direct Costs, Indirect Costs, Travel, G&A and profit/fee. The government reserves the right to shift total estimated amounts between performance periods by administrative modification to this contract.
The total estimated amount plus 4 option periods reflects the contract ceiling or maximum. The guaranteed minimum under this contract is $50,000.00.
B-3
B.3 NEGOTIATED INDIRECT COST RATES
Notwithstanding the provisions of FAR Clause 52.216-7 of this contract entitled, "Allowable Cost and Payment," the allowable indirect costs under this contract shall be obtained by applying negotiated indirect rates to bases agreed upon by the parties. The period(s) for which such rates will be established shall correspond to the Contractor's fiscal year(s).
Negotiation of final indirect rates shall be in accordance with FAR 52.216-7 and Subpart 42.7 of the Federal
Acquisition Regulation.
The results of each negotiation shall be set forth in a modification to this contract which shall specify (1) the agreed final rates, (2) the bases to which the rates apply, and (3) the periods for which the rates apply.
Pending establishment of final overhead rates for any period, the Contractor shall be reimbursed for allowable indirect costs, not claimed elsewhere, at the billing rate(s) to be placed in the contract once agreed upon between the Offeror and the Contracting Officer (CO). Such billing rate(s) may, at the request of either party, be revised by mutual consent to apply either retroactively or prospectively to prevent substantial over and under payment.
B.4 TASK ORDER FUNDING
Fixed price (FP) and cost-plus-fixed-fee (CPFF), term and completion type Task Orders may be issued under this contract within the established contract ceiling limitation. Task Order payments shall be made in installments based on the percentage of completion of work, as determined by the Contracting Officer, and subject to the withholding provisions of this contract (FAR 52.216-7).
HSFE60-14-R-0002 Section C
C-1
SECTION C - DESCRIPTION/SPECIFICATIONS
STATEMENT OF OBJECTIVES (SOO)
Federal Insurance and Mitigation Administration (FIMA)
Hazard Mitigation Technical Assistance Program (HMTAP)
C.1 PURPOSE
The purpose of this list of tasks is to procure the Federal Emergency Management Agency (FEMA), Federal Insurance and Mitigation Administration (FIMA) greater capability and capacity in meeting pre-disaster, during disaster, and post-disaster mitigation and environmental responsibilities. The Contractor will provide Non- Architecture and
Engineering (Non-A&E) technical assistance, research, analysis, and document development as related to the contract objectives listed below.
C.2 BACKGROUND
HMTAP was originated in 1995 to provide surge support to respond to additional Congressional requirements following the Mississippi River flooding in 1993. Since that time the contract has been competed multiple times. It provides FEMA greater flexibility and surge capability to respond to multiple presidentially-declared disasters, including catastrophic events, both natural and man-made.
Office of Environmental Planning and Historic Preservation (OEHP) utilizes multiple contracting vehicles to meet their needs. These contracting vehicles provide technical support for all services required by OEHP. OEHP provides
FEMA with national policy technical guidance and training concerning compliance with environmental planning and historic preservation (EHP) laws, Executive Orders, and regulations, including but not limited to the National
Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Endangered Species Act (ESA), Executive Order 11988, Floodplain Management, and Executive Order 12898, Environmental Justice. OEHP provides expert guidance on the applicability of these requirements for all FEMA actions, including issuance of policy, rulemaking, implementation of programs, and various undertakings that include the provision of federal financial assistance for projects.
Technical Assistance and Research Contracts (TARC) was originated in the 1990’s. TARC brings together building science engineers and natural hazard experts to conduct problem-focused studies. The studies result in publications on relevant technical information for hazard mitigation and emergency management across the nation.
C.3 CONTRACT OBJECTIVES
The contractor shall perform the following objectives, as directed:
1) Provide assistance to the Hazard Mitigation Assistance (HMA) grant programs. For example: technical assistance to FEMA, States, Tribes, and local communities; research and data collection for guidance consideration; review HMA grant applications to include but not limited to; feasibility reviews, reviews of benefit cost analysis (BCA), review environmental and historic preservation compliance, and applicable helpline assistance.
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2) Prepare all necessary components of environmental assessments, biological assessments or environmental impact statements including but not limited to; historic preservation reviews and assessments of historical structures, conducting social science assessments in accordance with the National Environmental Policy Act
(NEPA), and conducting surveys and assessments to determine existence of and potential impact to threatened or endangered species, water quality, wetlands delineation, sole or principal drinking aquifers, prime farmlands, and other ecologically significant/geographically unique areas.
3) Conduct non-Architect and Engineering (A&E) post-event assessments to identify mitigation opportunities, collect event data, and assess non-engineered structures. For example: non-A&E post-event analysis of damages and damage trends, identify best practices, and perform loss-avoidance studies.
4) Provide technical assistance and inter-agency coordination in support of analyses of FEMA’s proposed policies and regulations that will assist identifying impact(s) to FEMA programs’ stakeholders and applicants. This could include programmatic agreements, memorandums of agreement/understanding, research and review of documentation for Federal Advisory Council Act (FACA) and other federal agency (DHS, GAO, OMB, Congressional, etc…) requests.
5) Provide non-A&E technical assistance in publication development, maintenance, and enhancement to various technical and non-technical documents. This could include presentations, graphics support, web-based publications, fact sheets, research based reports, white papers, guidance, standard operating procedures, streamlining initiatives, strategic planning, performance metrics, technical opinions, public notices, informational flyers, website content, policy analyses, and bulletins.
C.4 TECHNICAL OBJECTIVES
Demonstrated expert knowledge and understanding of applicable statutes, regulations, requirements, grants, policies, guidance, and specifications that impact the FEMA’s Hazard Mitigation Assistance (HMA) grant programs, Environmental Planning and Historical Preservation, National Flood Insurance Programs, and
Building Science Programs.
Demonstrated experience with contracts related to FEMA’s Hazard Mitigation Assistance (HMA) grant programs, Environmental Planning and Historical Preservation, National Flood Insurance Programs, and
Building Science Programs that are of similar type, size, and scope.
Demonstrated ability to complete multiple projects, across the nation concurrently, while accomplishing the work within required time limits.
C.5 AUTHORITIES
All deliverables for this contract must comply (where applicable) with the most recent version of the regulations listed below.
Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law (PL) 93-288, as amended
36 Code of Federal Regulations (CFR), Part 800
40 CFR, Parts 1500-1508
44 CFR, Parts 8,9,10,13,14,60 and 206
50 CFR, Part 402
Earthquake Hazards Reduction Act of 1977, as amended, PL 95-124
National Flood Insurance Act of 1968 as Amended by the Biggert-Waters Act of 2012
Flood Disaster Protection Act of 1973
Riegle Community Development and Regulatory Improvement Act of 1994
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44 CFR Part 78, Part 79, Part 80 and Part 201
National Environmental Policy Act (NEPA)
National Historic Preservation Act (NHPA)
Endangered Species Act (ESA)
Executive Order (EO) 11988 (Floodplain Management)
EO 11990 (Protection of Wetlands)
EO 12898 (Environmental Justice)
EO 12699 (Seismic Safety)
Office of Management and Budget (OMB) Circular A-119 (Technology Transfer Act)
OMB Circular A-94 (Guidelines and Discount Rates for Benefit Cost Analysis of Federal Programs)
C.6 ACCESSIBILITY REQUIREMENTS (Section 508)
Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.
All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:
Section 508 Applicable EIT Accessibility Standards
36 CFR 1194.21 Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.
36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous JavaScript and XML (AJAX) then 1194.21
Software standards also apply to fulfill functional performance criteria.
36 CFR 1194.24 Video and Multimedia Products, applies to all video and multimedia products that are procured or developed under this work statement. Any video or multimedia presentation shall also comply with the software standards (1194.21) when the presentation is through the use of a Web or Software application interface having user controls available.
36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All
EIT deliverables shall use technical standards, regardless of technology, to fulfill the functional performance criteria.
36 CFR 1194.41 Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY.
C-4
Section 508 Applicable Exceptions
Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer’s Representative
(COR)/Contracting Officer’s Technical Representative (COTR) and determination will be made in accordance with
DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to
Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.
Section 508 Compliance Requirements
36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole if not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.
HSFE60-14-R-0002 Section D
D-1
SECTION D - PACKAGING AND MARKING
D.1 PRESERVATION, PACKING AND PACKAGING -- COMMERCIAL
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).
The Contractor shall coordinate with the Contracting Officer’s Representative (COR) for the shipment location of deliverables.
HSFE60-14-R-0002 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" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
NUMBER TITLE DATE
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996
52.246-5 INSPECTION OF APR 1984
SERVICES--COST-REIMBURSEMENT
E.2 INSPECTION AND ACCEPTANCE
All work performed and deliverables shall be subject to review and acceptance by the Government.
Final inspection and acceptance shall be by the CO or his/her duly authorized representative at:
Inspection: FEMA Facility or Place of Performance*
Acceptance: FEMA Facility or Place of Performance *
*Determined by COR or as specified in the task order.
For the purpose of this clause, the COR named in the Designation of Contracting Officer’s Representative clause in this contract is the representative of the CO. The CO reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur the Contractor will be notified by a written notice.
HSFE60-14-R-0002 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, contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text
52.242-15 STOP-WORK ORDER AUG 1989
ALTERNATE I (APR 1984)
52.242-15 STOP-WORK ORDER AUG 1989
52.247-34 F.O.B. DESTINATION NOV 1991
F.2 PERIOD OF PERFORMANCE
The period of performance of this contract shall be a base period of twelve (12) months, and four (4) twelve (12) month option periods beginning on the date of award. The duration of this contract will be 60 months with all options exercised. All work and services shall be completed on or before twelve (12) months from the effective date or date of award, whichever is later, unless extended by exercise of an option.
F.3 PLACE OF PERFORMANCE
The principal place of performance will be stated in each task order. This is a nationwide requirement. The workspace shall be Contractor provided unless stated differently elsewhere (e.g., task order).
The Contractor is required to attend quarterly meetings in the Washington, DC metro area, as necessary.
F.4 REPORTS OF WORK
MONTHLY PROGRESS REPORTS
The Contractor shall submit separate monthly progress reports of all work accomplished during each month of contract performance. Reports shall be in narrative form and brief and informal in content. One (1) copy of each monthly report shall be submitted by email to the COR. The report is to be prepared on a calendar month basis and submitted by the 30th day of the following month. Monthly reports shall include --
(1) A quantitative description of overall progress.
(2) A description of any current problems which may impede performance and proposed corrective action.
(3) A discussion of the work to be performed during the next monthly reporting period, including an estimated completion time for each deliverable.
F-2
[Applicable to Cost Contracts only]
(4) The financial status to date relative to the original plan. Graphs showing costs incurred versus planned cost, and effort (work hours spent versus projected effort) shall be included.
QUARTERLY PROGRESS REPORTS
The Contractor shall submit quarterly reports of all work accomplished during each three-month period of contract performance. The report is to be submitted by the 30th day after the end of each 3-month period. The first report will cover the period from the date of contract award through the end of the 1st full calendar quarter. No report needs to be submitted for the final 3 months of the contract inasmuch as it will be covered by the final report.
In addition to factual data, these reports shall include a separate analysis section which interprets the results obtained, recommends further action, and relates occurrences to the ultimate objectives of the contract work. Sufficient diagrams, sketches, curves, photograph, and drawings shall be included to convey the intended meaning. One (1) copy of each quarterly report shall be submitted by email to the COR.
FINAL REPORT
The Contractor shall submit a total of two (2) copies of the final report (1 hardcopy, 1 electronically) which documents and summarizes the results of the entire contract work, including recommendations and conclusions based on the experience and results obtained. The final report shall include tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to comprehensively explain the results achieved under the contract. The content and format of the proposal report must be of a quality suitable for publication. The following disclaimer shall be placed in a prominent place on the first page:
Any opinions, findings, conclusions or recommendations expressed in this publication do not necessarily reflect the views of the Federal Emergency Management Agency.
Final report shall be preceded by a draft final report submitted to the COR by no later than 30 days prior to the due date of the Final Report. Approval of the draft or comments will be submitted to the Contractor by the COR no later than 15 days prior to the due date of the Final Report. In the event the Government delays review and return of any report(s) beyond the period specified, the Contractor shall immediately notify the CO in writing, and the Contractor shall be entitled to a day-to-day extension in submission of any subsequent reports. The Contractor shall submit the final report by email to the COR no later than 30 days after the approval of the draft report by the COR.
SUBMISSION
The quantities of reports specified in the above paragraphs shall be submitted to the COR. In addition, one (1) copy shall be submitted to the CO at Freda.McDonald@fema.dhs.gov or her designed representative:
Federal Emergency Management Agency
Acquisition Operations Division / Office of the Chief Procurement Officer
Mitigation Branch
395 E Street SW, PP 5 th
Floor
Washington, DC 20472–3205 mailto:Freda.McDonald@fema.dhs.gov
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F.5 DELIVERY SCHEDULE
Delivery of all items specified herein shall be shipped F.O.B. Destination in accordance with FAR Clause 52.247-34 unless stated otherwise in the individual task orders.
HSFE60-14-R-0002 Section G
G-1
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)
The Government Officials assigned to this contract are as follows:
Administrative Contracting Officer:
Name: Freda McDonald
Phone: 202-646-3076
Email: Freda.McDonald@fema.dhs.gov
Contract Specialist:
Name: Wayne Sok
Phone: 202-646-3361
Email: Wayne.Sok@fema.dhs.gov
Contracting Officer's Representative:
Name: (To Be Determined)
Phone:
Email:
Alternate Contracting Officer's Representative:
G.2 TRAVEL COSTS
Costs for transportation, lodging, meals and incidental expenses incurred by Contractor personnel on official company business are allowable subject to FAR 31.205-46, Travel Costs and Federal Travel Regulations.
G.3 TECHNICAL DIRECTION AND SURVEILLANCE
(a) Performance of the work under this contract shall be subject to the surveillance and written technical direction of the COR, who shall be specifically appointed by the CO 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 CO, 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 Statement of Work;
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(2) Constitutes a change as defined in the contract clause entitled "Changes";
(3) In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;
(4) Changes any of the expressed terms, conditions, or specifications of the contract; or
(5) Interferes with the Contractor's right to perform the specifications of the contract.
(c) All technical directions shall be issued 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 CO in writing within five (5) working days after receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving the notification from the Contractor, the CO shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that:
(1) The technical direction is rescinded in its entirety.
(2) The technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction.
(e) A failure of the Contractor and CO 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 CO or the COR whom the CO shall appoint shall be at the Contractor's risk.
G.4 SUBCONTRACT CONSENT
No subcontract shall be entered into by the Contractor for work/services required under the Contract without the prior written consent of the CO. To facilitate the review of a proposed subcontract by the CO, the Contractor shall submit the information required by FAR Clause 52.244-2 entitled "Subcontracts (OCT 2010)", to the CO.
The CO shall review the request for subcontract approval and advise the Contractor of his/her decision.
(Approved subcontractors will be listed below at time of award.)
G.5 CONFIDENTIALITY OF INFORMATION
(a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the
Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the CO in writing. The foregoing obligations, however, shall not apply to information that--
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(1) At the time of receipt by the Contractor, is in the public domain
(2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor
(3) The Contractor can demonstrate was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies
(4) The Contractor can demonstrate was received by it from a third party that did not require the
Contractor to hold it in confidence.
(b) The Contractor shall obtain from each employee permitted access a written agreement, in a form satisfactory to the CO, that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract.
G.6 BILLING INSTRUCTIONS
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 must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-
Finance-Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer and contracting officer’s representative 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.7 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.8 INVOICE INSTRUCTIONS (JUN 2014) (Applies to Fixed Price Task Orders)
Invoices shall be submitted as follows:
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.
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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
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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.9 INVOICE INSTRUCTIONS FOR PROVISIONAL INVOICES UNDER FLEXIBLY PRICED
CONTRACTS (JUN 2014) (Applies to Cost-Plus-Fixed-Fee Task Orders)
Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other than Personal) and the Standard Form 1035 Continuation Sheet. The voucher must include a statement of cost and supporting documentation for services rendered. This statement should include, as a minimum, a breakout by cost or price element of all services actually provided by the Contractor, both for the current billing period and cumulatively for the entire contract.
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(1) Statement of Cost: The following instructions are provided for use by the Contractor in the preparation and submission of the Statement of Cost:
(i) Statement of Cost must be completed in accordance with the Contractor's cost accounting system.
(ii) Costs claimed must be only those recorded costs authorized for billing by the payment provisions of the contract.
(iii) Indirect costs claimed must reflect the rates approved for provisional billing purposes by the Contracting
Officer in accordance with FAR Part 42.7.
(iv) The total fee billed, retainage amount, and available fee must be shown.
(vi) The Contractor must prepare a Statement of Cost for each Contract Line Item (CLIN) and a summary for the total invoiced cost.
(2) Supporting Documentation
Direct costs (e.g., labor, equipment, travel, supplies, etc.) claimed for reimbursement on the Statement of Cost must be adequately supported. The level of detail provided must clearly indicate where the funds were expended. For example, support for T&M labor costs must include the labor category (e.g., program manager, senior engineer, technician, etc.) the hourly rate, the labor cost per category, and any claimed overtime;
equipment costs must be supported by a list of the equipment purchased, along with the item's cost; supporting data for travel must include the destination of the trip, number and labor category of travelers, transportation costs, per diem costs, and purpose of the trip; and supplies should be categorized by the nature of the items
(e.g., office, lab, computer, etc.) and the dollar amount per category.
Indirect rates used for billings must be clearly indicated, as well as their basis of application. When the cognizant Contracting Officer approves a change in the billing rates, include a copy of the approval.
All claimed subcontractor costs must be supported by submitting the same detail as outlined herein.
Payments of invoices or vouchers shall be subject to the withholding provisions (if any) of the contract. In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.
SF 1034 and 1035 instructions:
SF 1034 - Provisional/Interim Payment instructions
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.
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(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 incurrence of costs claimed for reimbursement. Adjustments to costs for prior periods should identify the period applicable to their incurrence, e.g., revised provisional or final indirect cost rates, award fee, etc.
(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type "COST REIMBURSABLE-PROVISIONAL
PAYMENT" or "INDEFINITE QUANTITY/INDEFINITE DELIVERY-PROVISIONAL PAYMENT" on the
Interim public vouchers. Type "COST REIMBURSABLE-COMPLETION VOUCHER" or "INDEFINITE
QUANTITY/INDEFINITE DELIVERY-COMPLETION VOUCHER" on the Completion public voucher. 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."
(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
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The SF 1035 will be used for additional information required by the Contracting Officer and should be submitted as a continuation sheet to the SF 1034. Suitable self-designed forms may be submitted instead of the
SF 1035 as long as they contain the information required. The information required on the SF 1035 may differ in format and content depending on the type of cost reimbursable contract (cost plus fixed fee, cost plus incentive fee, time and materials, etc.)
Amounts claimed on vouchers must be based on records maintained by the contractor to show by major cost element the amounts claimed for reimbursement for each applicable contract. The records must be maintained based on the contractor's fiscal year and should include reconciliations of any differences between the costs incurred per books and amounts claimed for reimbursement.
The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:
a. Show, as applicable, the target or estimated costs, target or fixed-fee, and total contract value, as adjusted by any modifications to the contract or order. The FAR permits the contracting officer to withhold a percentage of fixed fee until a reserve is set aside in an amount that is considered necessary to protect the Government's interest.
b. Each invoice or voucher for reimbursement shall include sufficient detail to identify costs properly chargeable to the contract. In addition, each invoice or voucher for reimbursement of costs shall detail the total vouchered charges by showing current and cumulative costs by cost element as follows:
(1) Direct Labor. For cost type contracts, list each total labor costs by indirect allocation base separately. For
T&M contracts, list each labor category, rate per labor hour, hours worked, and extended total labor dollars per labor category.
(2) Premium Pay/Overtime. List each labor category, rate per labor hour, hours worked, and the extended total labor dollars per labor category. Note: Advance written authorization must be received from the contracting officer to work overtime or to pay premium rates; therefore, identify the contracting officer's written authorization to the contractor.
(3) Fringe Benefits. If fringe benefits are included in the overhead pool, no entry is required. If the contract allows for a separate fringe benefit pool, cite the rate, base, and extended amount.
(4) Materials, Supplies, Equipment. Show those items normally treated as direct costs. Expendable items need not be itemized and may be grouped into major classifications such as office supplies. However, items valued at $5,000 or more must be itemized. See (FAR) 48 CFR part 45, Government Property, for reporting of property.
(5) Travel. List the name and title of traveler, place of travel, and travel dates. Show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. Travel costs for consultants must be shown separately and also supported.
(6) Other Direct Costs. Itemize those costs that cannot be placed in categories (1) through (5) above.
Categorize these costs to the extent possible.
(7) Total Direct Costs. Cite the sum of categories (1) through (6) above.
(8) Overhead. Cite the rate, base, and extended amount.
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(9) G&A Expense. Cite the rate, base, and extended amount.
(10) Total Costs. Cite the sum of categories (7) through (9) above.
(11) Fee. Cite the rate, base, and extended amount.
(12) Total Cost and Fee Claimed. Enter this amount on the SF 1034.
G.10 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS PROGRAM
(a) This provision is not applicable to small business concerns.
(b) Consistent with the national interest, it is FEMA policy that small business and small business concerns that are owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of FEMA work at the prime and subcontract level. Therefore, any contract awarded as a result of this solicitation shall fully comply with the intent of this policy, and the successful Offeror shall agree to pursue an effective and comprehensive small business and small disadvantaged business subcontracting program in compliance with the clause entitled "Utilization of Small Business Concerns and Small
Disadvantaged Business Concerns."
(c) The contract expected to result from this solicitation contains the FAR Clause 52.219-9, "Small
Business and Small Disadvantaged Business Subcontracting Plan”. The Offeror must submit a complete plan with their proposal and submit updates for review as necessary.
The Small…
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