HSFE60-17-R-0003.pdf

HSFE

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 87

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HSFE60-17-R-0003 05/8/2017

Barry Taylor 202.646.3023 06/5/2017 11AM

Department of Homeland Security/FEMA OCPO/Mitigation Section 500 C Street SW Washington, DC 20472 $27.5 M

X

5191902

Net 30 N/A

X

FEMA Finance Center

P.O. Box 9001 Winchester VA 22604

See CONTINUATION Page

This is an IDIQ contract allowing for the issuance of Fixed Priced and T&M/LH type task orders.

The services to be provided under this contract are for Customer and Data Services in support of FIMA’s Risk MAP program as described in the SOO and contractor’s PWS and as ordered by the Government through the issuance of task orders.

To be provided in task orders

X X

HSFE60-17-R-0003 Page 2 of 87

Table of Content

Description/Section PAGE

NO.

SECTION A – STANDARD FORM (SF) 1449

SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1

SECTION B – CONTINUATION OF SF1449

B.1 CONTRACT GUARANTEED MINIMUM AND MAXIMUM AMOUNTS 4

B.2 SERVICES TO BE FURNISHED 4

B.3 TERM OF THE CONTRACT 4

B.4 CONTRACT TYPER & PRICING 4

B.4.1 TIME-AND-MATERIALS/LABOR-HOUR/FIXED-PRICE RATES 4

B.4.2 FIXED-PRICE (FP) TYPE TOs 6 B.4.3 TIME-AND-MATERIALS (T&M) AND LABOR-HOUR (LH) TYPE TOs 6

B. 5 ESTABLISHED CONTRACT RATES 6

B.6 IDENTIFICATION OF CONTRACTOR EMPLOYEES WORKING IN

GOVERNMENT SPACES IN E-MAIL AND OTHER FORMS OR ORAL AND

WRITTEN COMMUNICATIONS (DEC 2008)

B.7 IDENTIFICATION OF GOVERNMENT OFFICIALS 7

B.8 TECHNICAL DIRECTION AND SURVEILLANCE 7

B.9 GOVERNMENT QUALITY ASSURANCE PLAN AND SURVEILLANCE 8

B.10 METHODS OF SURVEILLANCE 8

B.11 BILLING INSTRUCTIONS (JUN 2014) 8

B.12 DEFECTIVE OR IMPROPER INVOICES (JUN 2014) 9

B.13 INVOICE APPROVAL (JUN 2014) 9

B.14 INVOICE INSTRUCTIONS (JUN 2014) 9

B.15 TO PERFORMANCE PERIOD AND PRICING 11

B.16 DELIVERY 11

B.17 PLACE OF PERFORMANCE 11

B.18 TASK ORDER PROCESS 12

B.19 DELIVERABLES 12

B.20 MARKINGS 13

B.21 BRANDING 13

SECTION C – CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS-

ALTERNATE I (JAN 2017)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS–COMMERCIAL ITEMS (OCT 2015)

C.3 52.216-18 ORDERING (OCT 1995) 30

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) 30

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) 31

C.6 52.217-8 – OPTION TO EXTEND SERVICES (Nov 1999) 31 C.7 52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000) 31

C.8 52.222-49 SERVICE CONTRACT LABOR STANDARDS–PLACE OF

PERFORMANCE UNKNOWN (MAY 2014)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 32

C.10 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

HSFE60-17-R-0003 Page 3 of 87

C.11 3052.209-72 ORGANIZATIONAL CONFLICT OF INTEREST (Jun 2006) 34 C.12 3052.209-73 LIMITATION OF FUTURE CONTRACTING (Jun 2006) 35

C.13 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) 37

C.14 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT) 37

C.15 SUBCONTRACTING PLAN GOALS 38

C.16 DHS CLASS DEVIATION SPECIAL CYBER HYGIENE CLAUSE – SAFEGUARDING

OF SENSITIVE INFORMATION (MAR 2015)

C.17 INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015) 46

C.18 STANDARD SECURITY LANGUAGE 47

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 51

SECTION E – SOLICITATION PROVISIONS

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 52

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 52

E.3 52.216-1 TYPE OF CONTRACT (APR 1984) 53

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) 53

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (Jan 2017)

E. 6 HSAR 3052.209-79 REPRESENTATION BY CORPORATIONS REGARDING A

FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW OR

UNPAID FEDERAL TAX LIABILITY (FEB 2014)

E.7 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS 76

E.8 SUBCONTRACTING PLAN INSTRUCTIONS 79

E.9 PROPOSAL PREPARATION INSTRUCTIONS 81

E.10 SUBMISSION OF VENDOR QUESTIONS 85

E.11 PROPOSAL DELIVERY INSTRUCTIONS 85

E.12 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) 86

HSFE60-17-R-0003 Page 4 of 87

SECTION B - SUPPLIES OR SERVICES AND PRICE

B.1 Contract Guaranteed Minimum and Maximum Amounts

The guaranteed minimum amount of this IDIQ contract is $250.00. The total value of all task orders placed under this contract shall not exceed the maximum amount of $(to be determined). The guaranteed minimum amount shall be obligated in the first task order to be concurrently awarded with the base contract.

B.2 Services to be Furnished The Contractor shall provide all labor, materials, and facilities, (except as may be expressly set forth in this contract as furnished by the Government) necessary to perform the effort described in Attachment A – Statement of Objectives. The services shall be provided through the issuance of Task Orders (TO) against this contract.

B.3 Term of the Contract

The term of this indefinite delivery indefinite quantity (IDIQ) contract is a one (1) year base period and four (4) option periods with a period of performance of one (1) year each. This is not a multi-year contract as defined in FAR Part 17.1.

After the base contract term expires, the contract will remain an active contract until the final TO is closed-out and it shall continue to govern the terms and conditions with respect to active Task Orders to the same extent as if it were completed during the base contract term.

B.4 Contract Type & Pricing

This contract allows for Fixed-Price (FP), Fixed-Price plus Award Fee, and Time-and-Materials (T&M) or Labor- Hour (LH) pricing arrangements at the TO level. TOs may also combine more than one (1) pricing arrangement (e.g., FP/LH, etc.), although separate CLINs are required for each type.

B.4.1 Time-and-Materials/Labor-Hour/Fixed-Price Rates All individual TOs issued will be priced in accordance with the ceiling hourly labor rates set forth in Section B.5. The ceiling labor rates in B.5 reflect the maximum fully-burdened labor rates for each labor category that may be proposed or utilized in TOs issued under this contract. The fully burdened labor rates set forth in section B.5 do not include overtime compensation for Wage Determination applicable labor categories subject to the Service Contract Act (SCA). The labor categories, ceiling hourly rates and ceiling indirect administrative cost rates are detailed in Section B.5. The fully burdened hourly rates are ceiling rates, and the Contractor may, at its discretion, elect to propose lower hourly rates for individual TOs.

Under no circumstances shall the Contractor propose or provide invoices for hourly labor rates above the ceiling labor rates set forth in Section B.5. The exceptions to the fully burdened ceiling labor rates in B.5 are (1) required upward rate adjustments based on SCA Wage Determination Indices changes, and (2) required upward rate adjustments based on overtime compensation for Wage Determination applicable labor categories.

HSFE60-17-R-0003 Page 5 of 87

(a) Labor. Section B.5, Established Contract Rates, provides fully-burdened ceiling hourly rates for each labor category. When responding to a TO Request for Proposal (TORFP), regardless of TO type, the Contractor shall identify both Prime and Team Member (i.e., Subcontractor) labor using the Labor Categories that apply. The fully-burdened labor rates include all direct, indirect, general and administrative, overhead costs, and profit associated with providing the required skill. The rate of compensation for overtime pay premiums will be specified at the task order level. For Wage Determination applicable labor categories, if overtime is required at the TO level, overtime will be compensated in accordance with the Service Contract Act and the Fair Labor Standards Act and prescribed in the Code Of Federal Regulations (-CFR) Title 29: Labor §778—OVERTIME COMPENSATION. The general overtime pay standard requires that overtime must be compensated at a rate not less than one and one-half times the regular rate at which the employee is actually employed. The regular rate of pay at which the employee is employed may in no event be less than the statutory minimum. Guidance on how overtime for SCA covered wages is proposed and invoiced in a TO response will be specified in the TORFP.

(b) Program Management (Contract-Level) Support Costs. Contract-level program management support costs shall not be billed as a direct charge to the base contract or individual TOs. These program management support costs shall be included within each fully burdened labor category rate, and shall not be proposed as separate labor categories. Program management support costs encompass support for contract-level management, reporting requirements, and related travel and meeting attendance costs associated with the Contractor’s program management staff, as it relates to the overall management of the contract.

(c) Project Management (Task Order-Level) Support Costs. Contract-level program management support costs are differentiated from individual TO project management support costs. TO Project Management support costs may, if approved by the TO Contracting Officer (CO), be billed as hourly labor rates or on a lump sum fixed-price basis against individual TOs for direct support of the effort performed under those TOs.

(d) Materials (i.e., Ancillary Support). “Materials” as a form of direct TO costs, are defined under FAR

16.601 to mean –

i. Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

ii. Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

iii. Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and

iv. Applicable indirect costs.

Materials represent ancillary support that is integral and necessary as part of a total integrated solution within the scope of the contract for which there is not a labor category specified in the contract. Ancillary labor shall not exceed more than ten percent (10%) of the total price of the TO for each applicable TO period.

HSFE60-17-R-0003 Page 6 of 87

B.4.2 Fixed-Price (FP) Type TOs Fixed-Price (FP) is defined under FAR 16.201, Fixed-Price Contracts, and other applicable agency-specific regulatory supplements. Fixed-Price with Award Fee is defined under FAR 16.404. Partial payment of FP type TOs may be negotiated based on the completion of milestones, at the discretion of, and if approved by, the TO CO.

B.4.3 Time-and-Materials (T&M) and Labor-Hour (LH) Type TOs Time-and-Materials (T&M) and Labor-Hour (LH) is defined under FAR Subpart 16.6, T&M and LH Contracts, and other applicable agency-specific regulatory supplements. For T&M and LH type TOs, the quantity of hours ordered from each labor category will be specified as deliverable hours billable at the ceiling rates specified in Section B.5 or as negotiated, if lower rates are proposed for the TO. Profit on materials is not allowable.

The cumulative extended total of all labor categories ordered plus materials will define the TO ceiling price. TOs may, at the unilateral discretion of the TO CO, authorize transfers between labor categories for up to ten percent (10%) of the total cost of the TO, within the established individual TO ceiling price, without a written TO modification. The Government will not reimburse the Contractor for costs incurred beyond the ceiling price, for hours not delivered, for hours delivered but in excess of the quantities ordered for a particular labor category or for materials exceeding the ordered amount. Labor dollars will not be used to pay for materials nor material dollars used to pay for labor without a written TO modification.

B.5 Established Contract Rates

Attachment B, Established Contract Rates, sets forth the established ceiling rates for: 1) Hourly Labor Rates (all fully-burdened ceiling labor category rates) and 2) Travel and ODC markup rates. The contractor shall use these rates when pricing task orders issued against this contract. Additional labor categories and corresponding hourly rates may be incorporated into the contract if necessary to perform under a task order; however, this may only be done by execution of a modification to the base contract by the ACO.

B.6 IDENTIFICATION OF CONTRACTOR EMPLOYEES WORKING IN GOVERNMENT

SPACES IN E-MAIL AND OTHER FORMS OR ORAL AND WRITTEN

COMMUNICATIONS (DEC 2008)

Contractor personnel performing under the terms of this contract shall identify themselves as a Contractor in all communications, oral or written, while performing services under this contract. At no time shall the Contractor personnel assigned to this contract represent themselves as a FEMA employee or an official representative of FEMA.

Additionally, reference to or use of the Contractor personnel’s affiliation with FEMA for reasons not associated with specific performance under this contract is strictly prohibited. Contractor personnel shall not include DHS/FEMA logos, emblems, project/program nomenclature, or contact information on their business cards; rather, the employee’s corporate business cards shall be used. The following is the required signature block template to be used by Contractor personnel assigned a FEMA e-mail account:

Employee Name Employee Company, Employee Title Contractor Support to [Name of FEMA Office or Program] Phone Number E-mail address

HSFE60-17-R-0003 Page 7 of 87

B.7 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer (ACO):

Name: Barry Taylor Phone: (202) 646-3023 Email: barry.taylor@fema.dhs.gov

Contracting Officer's Representative (COR):

Name: Entered at time of award Phone:

Email:

Alternate Contracting Officer’s Representative:

Name: Entered at time of award Phone:

Email:

B.8 TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of the work under this contract shall be subject to the surveillance and written technical direction of the Contracting Officer's Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

(1) Constitutes an assignment of additional work outside the Performance Work Statement;

(2) Constitutes a change as defined in the contract clause entitled "Changes";

(3) In any manner causes an increase or decrease in the total fixed price or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the specifications of the contract.

(c) All technical directions shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall

HSFE60-17-R-0003 Page 8 of 87 cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that:

(1) The technical direction is rescinded in its entirety

(2) The technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting

Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor's risk.

B.9 GOVERNMENT QUALITY ASSURANCE PLAN AND SURVEILLANCE

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. Government quality assurance will be performed routinely by the COR;

however, other activities may be called upon to support this effort as required. A Quality Assurance Surveillance Plan (QASP) will be utilized to monitor Contractor performance at the task order level.

The QASP will be used by the Government to evaluate the Contractor's performance over the life of the contract. Through this evaluation, the Contracting Officer Representative will identify both positive and negative aspects of the contractor's performance. This will allow the COR to communicate to the contractor those aspects that are strengths of their performance, and those aspects considered to be deficiencies/weaknesses in their performance and which need to be addressed and corrected. The COR or designated quality assurance evaluators will follow the methods of surveillance specified in this contract. The COR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspections results. Government surveillance of tasks not listed in the QASP may occur during the performance of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions.

B.10 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractor's performance. These include, but are not limited to, random sampling of recurring services, periodic surveillance of the Contractor's quality control program, test calls, and validated customer complaints.

B.11 BILLING INSTRUCTIONS (JUN 2014)

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-Finance-http://www.gsa.gov/portal/forms/type/SF http://www.gsa.gov/portal/forms/type/SF

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Vendor- Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

B.12 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.

B.13 INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice Approver

Name: Entered at time of award Title:

Phone:

Email:

B.14 INVOICE INSTRUCTIONS (JUN 2014)

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. 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.

mailto:Payments@fema.dhs.gov

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(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 – intentionally left blank until award.

(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 - intentionally left blank until award.

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

(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

HSFE60-17-R-0003 Page 11 of 87 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 - intentionally left blank until award.

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.

B.15 TO Performance Period and Pricing Task Orders may be issued at any time during the base period and/or option periods, if exercised. Those periods of time shall be called the “Contract Ordering Period” (COP). The performance period of each TO will be specified in the TO and may include option periods which, if exercised, may extend the TO period of performance up to six (6) months beyond the COP of the base period and/or option periods, if exercised.

For purposes of Task Orders where performance extends beyond the COP of the final option period, the final contract year’s pricing shall be used. At all times each TO’s terms shall be consistent with its funding appropriation.

B.16 Delivery

The items required under each individual TO shall be delivered and received at destination within the timeframe specific in each TO.

B.17 Place of Performance

Place of performance shall be set forth in individual Task Orders.

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B.18 Task Order Process

(a) The TO CO will issue a TORFP to the Contractor which will include a due date for proposal submission and either a Statement of Objectives (SOO), Statement of Work (SOW) or Performance Work Statement (PWS) that will include either the Government’s objectives or a detailed description of work to be accomplished, the applicable task areas, a listing of the deliverables required and any additional data, as appropriate. The proposal request will also include specific instructions for the submission of proposals, other information deemed appropriate.

(b) The Contractor will be provided adequate amount of time to prepare and submit responses based on the estimated dollar value and complexity of the proposed TO. The due date will be set forth in each proposal request. If unable to perform a requirement, the Contractor shall submit a “no bid” reply in response to the proposal request. All “no bids” shall include a brief statement as to why the Contractor is unable to perform, e.g.. conflict of interest.

(c) Technical Proposals. The proposal request will state whether an oral proposal is required in addition to, or instead of, written technical proposals. Responses will be streamlined and succinct, to the extent practical based on the estimated dollar value and complexity of the work, stating compliance or exception to requirements, risks, assumptions and conflict of interest issues. Responses will not be a proposal as defined in FAR Part 15, but only sufficient information to be considered in accordance with FAR Part 16. Proposals shall not merely restate SOO, SOW or PWS requirements. The required content of oral and written technical proposals will be at the discretion of the TO CO.

(d) Price Proposals. A written price proposal shall always be required. This part of the proposal shall include detailed price amounts of all resources required to accomplish the task, (i.e. labor hours, rates, travel, incidental equipment, etc.).

(e) Other Relevant Information. This information shall always be in writing and shall address other relevant information as required by the contract or requested by the TORFP. The Contractor shall assume all costs associated with preparation of proposals for TO awards as an indirect charge in the fully loaded rate. Proposed labor rates are to be in accordance with Contract Section B pricing tables with any discounts at the discretion of the Contractor.

(f) Resolution of Issues. In the event issues pertaining to a proposed TO cannot be resolved to the satisfaction of the TO CO, the TO CO reserves the right to withdraw and cancel the proposed TO. In such event, the Contractor shall be notified in writing of the TO CO’s decision. This decision is final and conclusive and shall not be subject to the “Disputes” clause or the “Contract Disputes Act.”

B.19 Deliverables

Each task order issued against the contract will set forth the required deliverables, due dates, formats and any other pertinent information. Some of the deliverables that will be required in individual task orders are set forth in Section XI of the SOO.

Contract-level deliverables are also identified in Section XI of the SOO.

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B.20 MARKINGS

All deliverables submitted to the Government shall be accompanied by a packing list or other suitable shipping documentation that shall clearly indicate the following:

(a) Contract number;

(b) TO number;

(c) Name and address of the consignor;

(d) Name and address of the consignee;

(e) Government bill of lading number covering the shipment (if any); and

(f) Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

Specific or unique marking requirements may be addressed in individual TOs.

B.21 BRANDING

The Contractor shall comply with the requirements of any DHS Branding and Marking policies as outlined in Management Directive Number: 123-06. As a matter of law, Federal criminal statutes prohibit unauthorized uses of the DHS Seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the Seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements. The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document.

The DHS seal cannot be used in any manner that implies DHS endorsement of commercial products or services, the user’s policies or activities, or on any article that may discredit the seal or reflect unfavorably on DHS. Any use of the DHS seal is approved by the Secretary or his/her designee.

Requests to use the DHS seal shall be submitted using Attachment E, DHS Official Seal Usage Approval Form MD No.0030. The Comments section should be used to describe why use of the seal is being requested, and how it will be used. Completed forms should be sent to the Department’s Office of Public Affairs via e-mail at branding@hq.dhs.gov with a carbon copy (CC) to the TO Contracting Officer, or a hard copy can be filled out, printed, and faxed to (202) 282-8775 and to the TO Contracting Officer.

mailto:branding@hq.dhs.gov

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 Contract Terms and Conditions—Commercial Items - Alternate I (JAN 2017)

For time-and-materials or labor-hour task orders, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)

(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

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(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

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(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

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(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provided rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the--

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Each order must list separately the elements of other direct charge(s) for that order.

(2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of

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(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice met the qualifications for the labor categories specified in the contract.

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

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(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon…