Request_for_Quotation_(RFQ)_HSFE70-13-Q-0022.docx

This is a Request for Quotation (RFQ) RFQ No.: HSFE70-13-Q-0022 This is a Firm Fixed-Price Request for Quotation (RFQ) for supplies in support of disaster response and recovery operations conducted by the Federal Emergency Management Agency (FEMA). This is a combined synopsis/solicitation for commercial items prepared in accordance FAR Parts 12, 13, and 18, with the format in Subpart 12.6, as supplemented with additional information included in this notice, and in accordance with the Robert T. Stafford Act. This RFQ is being issued in response to Hurricane Sandy Response and Relief Efforts. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Submit quotation to Rahsaan.Edwards@fema.dhs.gov and 4:30 PM Eastern Standard Time November 15, 2012.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-60.

This acquisition is a small-business set-aside. The size standard is 500 employees. NAICS code is 323133.

Award will be made to the vendor whose quote is the best overall value to the Government and can meet the delivery schedule. Delivery costs will be determined at the time of order. Please clearly verify in your quotation that all technical specifications in the following description of requirements. Orders may be delivered to different addresses in the Washington, DC; New York, and New Jersey areas. Complete delivery addresses shall be provided upon award. Separate orders may be placed based on delivery locations (reference Attachment Two for the breakout of orders). This RFQ does not obligate the government to award contracts for any or all of the orders listed in attachment two). One or multiple vendors may be awarded single or multiple orders based on the best value present for each order. All submitted quotes shall be considered however preference shall be given to local business in the disaster affected areas. Prices must still be comparative with quotes from outside the local affected areas.

SPECIFICATIONS

Long Sleeve Polo Shirt

Diameter

Lightweight Jacket

*Embroidery Work

All FEMA lettering shall be in Silver regardless of the colors used in the attached pictures. DHS Logo coloring shall follow the design as depicted in the photo attachments for the DHS Seal

ACCEPTANCE:

A FEMA representative will sign for receipt of the items at the designated delivery location. This signature does not imply inspection & acceptance. The signature only acknowledges the delivery was made. Inspection will be made within five business days; any discrepancies (missing quantities, defects in embroidery or silk screen printing) will be reported to the Contracting Officer (CO) or Contracting Officer Representative (COR) for replacement by the vendor. The COR will notify the vendor when the order has been fully inspected and accepted such that invoices may be submitted.

PERIOD OF PERFORMANCE

The period of performance shall not exceed December 15, 2012.

ATTACHMENTS:

Attachment II: Pricing Sheet for Orders Attachment III: FEMA Logo Attachment IV: Screen Print Reflective Silver “FEMA” Attachment V: DHS Seal

PROVISIONS AND CLAUSES

The provision FAR 52.212-1 Instructions to Offerors-Commercial applies to this acquisition. Please include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Items.

The clause FAR 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition. The clause FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders-Commercial Items applies to this acquisition. The following FAR clauses cited in 52.212-5 that also apply to this acquisition:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.

109-282) (31 U.S.C. 6101 note).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

Alternate I (Oct 1995) of 52.219-6.

52.219-28, Post Award Small Business Program Representation (APR 2009) (15 U.S.C 632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).

52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C.

3332).

Other clauses that apply to this acquisition:

FAR 52.202-1; FAR 52.233-1; FAR 52.233-2; FAR 52.233-4; FAR 52.244-6; HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) HSAR 2052.247-72 F.O.B. Destination Only (Dec 2003) 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (AUG 2012)

A.5 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4- year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights.

(1)Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

[]it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

[]it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.15

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

NARA RECORDS MANAGEMENT

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.).

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.