HSFE70-14-R-0041.pdf

PAGE 1 OF 1. REQUISITION NO. 42

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HSFE70-14-R-0041 12/23/2014

1-15-2015

DHS/FEMA/OCPO/LOG

Attn: Keith Harding, Contract Specialist

395 E Street, S.W., 519, W79 Washington DC 20472

X 100

X

811310

$7.5 Million

N/A

X

See B.5 Chase Smith Chase.Smith@fema.dhs.gov

FEMA Finance Center

P.O. Box 9001 Winchester VA 22604

X

See CONTINUATION Page

Continuation of 18A.

Copies of all invoices shall be submitted to the following:

Contract Specialist: Chase.Smith@fema.dhs.gov Contract Specialist: Keith.Harding@fema.dhs.gov Contracting Officer: Armetia.Cato@fema.dhs.gov COR: Kimberly.Johnson@fema.dhs.gov FEMA Finance: FEMA-Finance-Vendor-Payments@fema.dhs.gov

See CONTINUATION Page

X X

HSFE70-14-R-0041 Section B

B-1

SECTION B - CONTINUATION BLOCK

B.1 PRICE SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SVCS PRICE

0001 12.00 MO ___________________ ____________________

Base Year Services: The Contractor shall perform annual and periodic maintenance in accordance with the Performance Work Statement and all relevant attachments. (Refer to PWS sections 4.1 and 8)

0002 1.00 LOT ___________________ NTE $50,000.00

Base Year Repairs: The Contractor shall perform repairs in accordance with the Performance Work Statement and all relevant attachments. (Refer to PWS sections 4.2 and 8) Not to Exceed $50,000.00.

This includes Other Direct Costs as defined in the PWS Part 3: Definitions. Contractor must notify the Contracting Officer when CLIN 0002 reaches 75% of ceiling amount.

0003 ___________________ ____________________ Base Year Reports: The Contractor shall prepare all necessary reports/documents in accordance with the PWS and all relevant attachments. Not Separately Priced. (Refer to PWS sections 4.3 and 8)

1001 12.00 MO ___________________ ____________________

Option Year 1 Services: The Contractor shall perform annual and periodic maintenance in accordance with the Performance Work Statement and all relevant attachments. (Refer to PWS sections 4.1 and 8)

1002 1.00 LOT ___________________ NTE $50,000.00

Option Year 1 Repairs: The Contractor shall perform repairs in accordance with the Performance Work Statement and all relevant attachments. (Refer to PWS sections 4.2 and 8) Not to Exceed $50,000.00.

This includes Other Direct Costs as defined in the PWS Part 3: Definitions. Contractor must notify the Contracting Officer when

B-2

CLIN 0002 reaches 75% of ceiling amount.

1003 ___________________ ____________________ Option Year 1 Reports: The Contractor shall prepare all necessary reports/documents in accordance with the PWS and all relevant attachments.

Not Separately Priced. (Refer to PWS sections 4.3 and 8)

2001 12.00 MO ___________________ ____________________

Option Year 2 Services: The Contractor shall perform annual and periodic maintenance in accordance with the Performance Work Statement and all relevant attachments. (Refer to PWS sections 4.1 and 8)

2002 1.00 LOT ___________________ NTE $50,000.00

Option Year 2 Repairs: The Contractor shall perform repairs in accordance with the Performance Work Statement and all relevant attachments. (Refer to PWS section 4.2 and 8) Not to Exceed $50,000.00.

This includes Other Direct Costs as defined in the PWS Part 3: Definitions. Contractor must notify the Contracting Officer when CLIN 0002 reaches 75% of ceiling amount.

2003 ___________________ ____________________ Option Year 2 Reports: The Contractor shall prepare all necessary reports/documents in accordance with the PWS and all relevant attachments.

Not Separately Priced. (Refer to PWS sections 4.3 and 8)

GRAND TOTAL ---

B.2 PERIOD OF PERFORMANCE

1. The Period of Performance shall be from date of contract award through 12 months.

2. If Option 1 is exercised, the Period of Performance shall be from the effective date of the option through 12 months.

3. If Option 2 is exercised, the Period of Performance shall be from the effective date of the option through 12 months.

B-3

B.3 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Armetia Cato Phone: 202-646-7978

E-mail: Armetia.Cato@fema.dhs.gov

Contract Specialist:

Name: Keith Harding Phone: 202-646-3352

E-mail: Keith.Harding@fema.dhs.gov

Contract Specialist:

Name: Chase Smith Phone: 202-646-3089

E-mail: Chase.Smith@fema.dhs.gov

Contracting Officer’s Representative:

Name: Kimberly Johnson Phone: 540-686-3383 E-mail: Kimberly.Johnson@fema.dhs.gov

B.4 PERFORMANCE WORK STATEMENT

See Section D, Attachment 2, “PERFORMANCE WORK STATEMENT”

B.5 PLACE OF PERFORMANCE

FEMA Distribution Center Caribbean Road 1 Km 25.1, Caguas, PR 787-720-4044 Hours of Operation: 7AM – 3:30PM Local Time Monday through Friday

B.6 DELIVERABLES AND PEFORMANCE REQUIREMENTS

See PWS sections 8 and 9.

B-4

B.7 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. 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.8 DEFECTIVE OR IMPROPER INVOICES

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.9 INVOICE INSTRUCTIONS

The contractor shall submit a monthly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. 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.

(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.)

B-5

(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.”

HSFE70-14-R-0041 Section C

C-1

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html

52.202-1 DEFINITIONS NOV 2013

52.203-2 CERTIFICATE OF INDEPENDENT PRICE APR 1985

DETERMINATION

52.203-3 GRATUITIES APR 1984

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS APR 2014

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON MAY 2011

RECYCLED PAPER

52.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013

52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONNEL

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST AUG 2013

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.209-7 INFORMATION REGARDING RESPONSIBILITY JUL 2013

MATTERS

52.215-2 AUDIT AND RECORDS – NEGOTIATION OCT 2010

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT OCT 1997

FORMAT

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES OCT 2009

52.222-41 SERVICE CONTRACT LABOR STANDARDS MAY 2014

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW MAY 2011

INFORMATION

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT OCT 2004

CLAIM

52.242-13 BANKRUPTCY JULY 1995

52.242-15 STOP-WORK ORDER AUG 1989

52.245-1 GOVERNMENT PROPERTY APR 2012

52.245-9 USE AND CHARGES APR 2012

52.246-4 INSPECTION OF SERVICES—FIXED-PRICE AUG 1996

52.246-5 INSPECTION OF SERVICES—COST- APR 1984

REIMBURSEMENT

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984

C-2

C.2 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days.

C.2.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years and 6 months.

(End of Addendum to 52.212-4)

C.3 HSAR 352.242-70 KEY PERSONNEL (JAN 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

C.4 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

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.

C-3

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.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[X] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

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[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (Oct 2014) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (June 2003) of 52.219-23.

[] (22) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (23) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

[] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

[] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (32) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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[X] (33) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (34) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[X] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[X] (43) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (44)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (45) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (46) 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).

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[] (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (52) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (53) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

[] (54) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

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[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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(ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

C.6 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION

OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

[X] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

(b) Clauses.

[X] 3052.205-70 Advertisement, Publicizing Awards, and Releases.

[X] 3052.247-72 F.o.B. Destination Only.

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C.7 HSAR CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

HSFE70-14-R-0041 Section D

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1: Pricing Sheet (Excel Spreadsheet) Attachment 2: Performance Work Statement Attachment 3: Appendix 1: Generator Fleet Attachment 4: Appendix 2: FEMA Generator Profile Attachment 5: Quality Assurance Surveillance Plan (QASP) Attachment 5a: Quality Assurance Monitor Form Attachment 5b: Customer Complaint Form Attachment 6: Authorization for Repair Form Attachment 7: Wage Determination Attachment 8: Picture 1 Attachment 9: Picture 2 Attachment 10: Picture 3

HSFE70-14-R-0041 Section E

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SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING SEP 2007

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE JAN 2004

ACQUISITION

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES— OCT 2009

IDENTIFICATION OF SUBCONTRACT EFFORT

52.217-5 EVALUATION OF OPTIONS JUL 1990

52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED DEC 2012

ACTIVITIES RELATING TO IRAN—CERTIFICATION

52.247-6 FINANCIAL STATEMENT APR 1984

(END PROVISION)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

E.2.1 INSTRUCTION FOR SUBMITTING PROPOSALS

(1) Each Offeror is requested to submit an electronic copy in PDF format of your firm’s proposal. The proposal shall be submitted to the Contract Specialists, Chase Smith at Chase.Smith@fema.dhs.gov and Keith Harding at Keith.Harding@fema.dhs.gov and Contracting Officer Armetia Cato at Armetia.Cato@fema.dhs.gov. All parties submitting proposals must be registered in SAM https://www.sam.gov.

(2) All proposals are due no later than 12:00 pm Eastern Time (ET), on January 15, 2015. PROPOSALS RECEIVED AFTER THAT TIME AND DATE MAY NOT BE ACCEPTED. Proposals that are incomplete at the time of submission can and may be rejected.

(3) Questions regarding this Request for Proposal (RFP) must be submitted in writing and/or sent via email to the attention of the Contract Specialists, Chase Smith at Chase.Smith@fema.dhs.gov and Keith Harding at Keith.Harding@fema.dhs.gov and Contracting Officer Armetia Cato at Armetia.Cato@fema.dhs.gov no later than 2:00 pm EST, on January 06, 2015. Questions received after that date/time will not be addressed. A Post Award Conference will be held after award. The exact date will be coordinated with the awardee after award.

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(4) All proposal submissions must include the following information on the proposal submission cover letter:

a) Tax Identification Number (TIN)

b) Dun & Bradstreet Number (DUNS)

c) North American Industrial Classification System (NAICS) Code:

d) Standard Product Code

e) Contact Name

f) Contact Email address

g) Contact telephone and fax number

h) Complete business mailing address

PROPOSAL REQUIREMENTS:

Format: The submission shall be presented in three (3) volumes for your technical proposal and one (1) volume of all other documents, including the price proposal. Each volume shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created. The document files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right - 1” Gutter – 0” From Edge – Header, Footer - 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

• Each paragraph shall be separated by at least one blank line.

• A standard, 12-point minimum font size applies.

• Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

• The technical quote submission shall be limited to 30 one-sided pages, excluding the table of contents, resumes for proposed personnel, and past performance.

PROOF OF STATUS:

In a separate tab of your proposal, the Offeror must submit the following documents.

• The Offeror shall submit a completed and signed copy of the SF-1449, and all Amendments.

• The Offeror shall submit Representations and Certifications as required by FAR 52.212-3.

• CERTIFICATION REGARDING RESPONSIBILITY MATTERS - FAR 52.209-5

• The Offeror shall include financial statement(s), certified by the Offeror’s principal.

(5) The Offeror’s technical submission should demonstrate the firm’s capability to perform the requirements outlined in the solicitation. Offerors shall provide a technical quote that addresses the following three (3) factors:

TECHNICAL PROPOSAL:

1. Technical Approach and Understanding

2. Management Approach and Capabilities

3. Past Performance

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1. Technical Approach and Understanding, Volume I

The Offeror must provide a detailed description of the technical approach and understanding that will be used to meet the requirements defined in the attached Performance Work Statement (PWS). The technical approach and understanding shall include all of the following, equally important, elements:

(1) Discussion of Project Work Plan and Schedule;

(refer to PWS 4.1)

(2) Discussion of proposed methods and techniques for completing each task, to include a staffing plan, equipment to be utilized, and all invoice documentation as it relates to the PWS;

(refer to PWS 4.1 and 5.5)

(3) Discussion of how the vendor will oversee and evaluate each task to ensure full performance and acceptability of work (refer to PWS 2.2)

(4) Discussion of any Subcontractor and other service providers to be utilized;

(refer to PWS 2.2)

(5) Discussion of any anticipated major difficulties and problem areas, along with potential recommended approaches for their resolution;

(refer to PWS 2.2)

(6) Discussion of Hazmat Environmental Control Plan.

(refer to PWS 2.6)

2. Management Approach and Capabilities, Volume II

The Offeror must provide a detailed description of the management approach and capabilities that will be applied to meet the requirements defined in the PWS that includes the following, equally important, elements:

(1) A list of key personnel including but not limited to Project/Contract Manager, Site Foreman, Quality Control Plan Manager, Generator Mechanics, and Corporate Officers and Executives. For all identified key personnel include resumes with a description of the experience and capability. Include letters of commitment for all proposed new hires of the key personnel.

(refer to PWS 2.5)

(2) An organization chart showing lines of authority, responsibility, and communication for management, supervisory, and technical personnel. Indicate what job classifications will be accomplishing the work items. Personnel management information such as hiring/firing authority, discipline, incentive plans, etc., shall also be addressed. Offerors shall include documentation of personnel experience with various makes and models as outlined in Appendix 1: Generator Fleet.

(refer to Appendix 2: DC Caribbean Inventory)

(3) A Personnel Management Plan that is simple and easy to read. The Personnel Management Plan shall clearly describe the responsibilities of key personnel that will be dedicated to the project communication and coordination plans; schedules of all objectives, meetings, and deliverables; the selection process of subcontractors; percentage of work that will be contracted out; and the management plan developed for monitoring subcontractors work quality and schedule.

(refer to PWS 2.5)

(4) A Quality Control Plan (QCP). The QCP should, at minimum, set forth the procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS.

(refer to PWS 2.2)

3. Past Performance, Volume III

(1) The Offeror shall identify three (3) to five (5) contracts/orders with the Federal Government or Industry that demonstrate recent and relevant past performance. Recent is defined as within the last three (3) years. Relevant is defined as work similar in complexity and magnitude to the work identified in this solicitation.

(2) The Offeror shall include the following information:

a) Project Title

b) Description of the Project

c) Contract/Task Order Number

d) Contract/Task Order Amount

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e) Government Agency/Organization

f) COR’s name, address, phone number and email address

g) Contracting Officer’s name, address, telephone number and email address

h) Current status, e.g. completed and/or in progress, start and estimated completion dates

i) A brief narrative of why your firm believes this reference is relevant to the proposed task.

j) Timeliness of performance and the final completion of the contract

Offerors shall NOT include any price information in the technical proposal.

PRICE PROPOSAL:

The Offeror shall submit a price proposal separate from the technical proposal.

(1) This will be a Firm Fixed Priced (FFP) contract with a cost reimbursable repair CLIN. All pricing information must be submitted in sufficient detail to allow for a complete price analysis by the Government. The price proposal shall contain information that will validate that the proposed prices are consistent with the technical proposal and provide the supporting rationale needed to permit a determination of price realism. At a minimum, the Offeror should itemize the price for each service provided.

(2) The price proposal shall include the completed Pricing Sheet (EXCEL Spreadsheet), Attachment 1. The Offeror shall indicate the price to be charged rounded to the nearest whole dollar.

FAILURE TO SUBSTANTIALLY CONFORM TO THE REQUIREMENTS OF SECTION E.2.1

“INSTRUCTION FOR SUBMITTING PROPOSALS” MAY RESULT IN REJECTION OF YOUR

PROPOSAL.

E.2.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The Offeror and/or any of its Principals -

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

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(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity…