DRPP_Combined_Synopsis_Solicitation.pdf

Combined Synopsis Solicitation HSFE80-13-R-0013

U.S. Department of Homeland Security/Federal Emergency Management Agency Public Assistance Division has a requirement for Arbitration Service for the Dispute Resolution Pilot Program (DRPP).

Section 1105 of the Sandy Recovery and Improvement Act (SRIA), Public Law 113-2, directed FEMA to establish procedures for a DRPP. The DRPP is available to applicants for Presidentially-declared disasters (which authorize PA) that occurred on or after October 30, 2012.

This is a combined Synopsis/Solicitation for commercial item (services) prepared in accordance with the format in FAR Subpart 12.603, and guidance of FAR Part 12 and FAR Part 15 as supplemented with additional information included in this notice.

This announcement constitutes the only Solicitation that will be published; proposals are being requested and a written Solicitation will not be issued. This combined Synopsis/Solicitation will be provided electronically only. The Request for Proposal (RFP) HSFEHQ-R-13-0013 is advertised to obtain for Arbitration Service for the DRPP.

The Department of Homeland Security (DHS) /Federal Emergency Management Agency (FEMA) anticipate a single award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract as a result of this RFP. This requirement is being advertised as a Full and Open Competition. This solicitation is not set-aside for only small business firms.

The applicable NAICS is 541199 - All other Legal Services.

The Solicitation HSFE80-13-R-0013 is a request for a Technical Proposal and a Price Proposal. The anticipated award date will be no later than July 31, 2013. The Solicitation document, the incorporated provisions and the clauses are those in effect through Federal Acquisition Circular (FAC) 2005-68.

All offerors wishing to submit a technical and price proposal must be registered in the System for Award Management (SAM). Registration can be completed at the following website: www.sam.gov.

A complete listing of tasks that the offeror shall perform is identified in the Statement of Work (SOW) -see Attachment A.

This announcement includes the following Attachments:

Attachment A: Statement of Work

Attachment B: Attachment C, Labor Rate Table

Attachment C: WD 05-2103 Wage Determination For DC, MD, and VA

Provision 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition.

Please provide your response to this Request for Technical and Price Proposal by 3:00 PM Eastern Standard Time (EST) on Friday, July19, 2013.

An offeror are required to submit their proposals in two separate volumes as follows:

An offeror shall submit one (1) original and three (3) copies of both Volume I (Technical Proposal) and Volume II (Price/Business) proposal.

The content of the technical proposal must not exceed 20 single space pages using a font size of 12. Each "page" is one sheet, 8 ½" x 11", with at least one inch margins on all sides, using Times New Roman font.

Pages shall be consecutively numbered. Page numbers, notation of proprietary information, and any other identifying information printed on each page are excluded from the margin requirements. Any foldout pages shall not exceed either 8 1/2" x 22" or 17" x 11", which when folded in half will be no larger than 8 1/2" by 11". The foldout will count as two pages. The Government will not review content exceeding the 20 page limitations. Resumes are required but will not be counted against the page limitation. The technical proposal must not contain cost/price information.

Resumes are required for a cadre of at least 20 qualified arbitrators dedicated to the DRPP.

Resumes shall be submitted for the following Key Personnel whom have met the minimum qualifications.

The Case Manager shall have the following qualifications:

o Must have a bachelor’s degree o Must have at least 15 years of experience with legal case management o Paralegal certificate is preferred

The Arbitrator (Panel Chair) must have the following qualifications:

o Must be an attorney, active and in good standing with a state Bar or the DC bar; and, o Must have received training from an institution or organization providing judicial, hearing officer, or arbitration training o Must have at least 15 years of experience as an arbitrator, hearing officer or administrative law judge o Must have arbitrated or heard more than 20 cases resulting in written decisions within the last 5 years

The Second Arbitrator must have the following qualifications:

o Must be an attorney, active and in good standing with a state Bar or the DC bar; and, o Must have received training from an institution or organization providing judicial, hearing officer, or arbitration training o Must have at least 10 years of experience as an arbitrator, hearing officer or administrative law judge o Must have arbitrated or heard more than 5 cases resulting in written decisions within the last 5 years

The Third Arbitrator shall have the following qualifications:

o Any license or certification required for the relevant field of expertise; and o More than 15 years of experience in the relevant subject matter.

o Familiarity with FEMA PA eligibility requirements is preferred.

The cover page will contain a summary of the company's capability, DUNS number; NAICS, CAGE Code, and the corporate headquarter address.

The technical and price proposals must be accompanied by a signed cover letter, by a company representative that is authorized to commit the company to a binding contract.

All other terms and conditions will be in accordance with (IAW) the contract. This procurement will follow the ordering procedures established under the terms and conditions for commercial Items/Service.

The FEMA Contracting Officer has the authority to cancel or terminate this requirement for the convenient of the Government. Questions regarding the Statement of Work (SOW) should be directed to the Contracting Officer/Contract Specialist via email. E-mail addresses are provided towards the end of this document.

Each proposal shall obtain the following:

Cover page - shall indicate the following:

o Title of the proposal o Proposal category (Technical or Price/Business) o Volume number o Request for Proposal (RFP) number o Name and address of Offeror o Identification of copies bearing original

Signatures

Table of Contents - The table of contents allows for important elements to be easily located. The Table of Contents does not count against the 20-page limitation.

NOTE: Also, the company's DUNS, CAGE Code and Tax ID numbers must be provided at submittal.

EVALUATION PROCEDURES

The Government intends to make award without discussions. However, the Government reserves the right to conduct discussions if it is determined to be in the best interest of the Government to do so. In such a case, the Government would establish a competitive range and conduct negotiations only with the offerors determined to be in the competitive range. Only the offerors in the competitive range would be allowed to submit revised proposals.

The proposals received will be evaluated on a best value basis, with the evaluation areas listed below. The best value is represented by the most advantageous offer, price and other factors considered. However, price is not the determining factor. The proposal selected for award may not necessarily be the proposal offering the lowest price or receiving the highest technical rating. This process permits trade-off among cost or price and non-cost factors and allow the government to accept other than the lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost, and rationale for the trade-off must be documented in the pre-award file. A rating of "Unsatisfactory" in Factors 1 through 2 will render the entire proposal technically unacceptable and, therefore, not be eligible for award. The non-price factors are listed below in descending order of importance.

RATINGS

Each offeror's technical proposals will be rated using the following Adjectival ratings:

Superior Acceptable Unacceptable

VOLUME I - TECHNICAL PROPOSAL

FACTOR 1: PERSONNEL QUALIFICATIONS

Each offeror shall outline their plan for maintaining a cadre of at least 20 qualified arbitrators dedicated to the DRPP ready to support the functional areas against which they are proposing. The offeror's academic, technical, and professional qualifications and the "sufficiency of personnel proposed" are the most important aspects of staffing. This portion of a proposal shall demonstrate the offeror's overall approach to meeting personnel qualifications.

FACTOR 2: TECHNICAL APPROACH

Each offeror shall state their delivery capabilities and adequately describe their plans/approach regarding supporting the DRPP in the functional areas of: 1) Case Management, including processing of each arbitration request, communications with FEMA and the Applicant; 2) teleconference coordination; 3) Panel appointment, coordination and support; 4) hearing coordination, including provision of a hearing space in Washington, DC; and 5) decision drafting and delivery. The offeror shall describe a plan/approach which provides the Government with a high level of confidence for ensuring success. Each offeror shall elaborate on how they will align full time employees (FTE) across the stated functional areas, and how individual resources might provide multifunctional support.

FACTOR 3: MANAGEMENT APPROACH

The offeror's approach to quality control shall identify processes, procedures, and metrics which are likely to result in a successful outcome within proposed costs and on schedule. This shall demonstrate the offeror's ability to plan and execute a program, and manage areas of schedule management, cost management, quality management, human resources management, quality assurance, configuration management, risk management, communications management, and the offeror's ability to assist the Government in establishing their reports with information held by the offeror and/or its personnel.

FACTOR 4: PAST PERFORMANCE

The past performance evaluation will examine the extent to which an Offeror has demonstrated their capability and capacity to perform the requirements of the SOW successfully. Accordingly, each separate instance of past performance will be evaluated for relevancy. A relevant contract is one that is of similar scope, magnitude, and complexity to the requirements set forth in this solicitation and SOW. A lack of relevant past performance history will result in an adjectival rating of "Neutral" and will not count against an offeror's proposal. An offeror who describes similar contracts and subcontracts should provide:

A detailed explanation demonstrating the similarity of their contract(s) to the requirements stated within the solicitation;

A detailed description of the work performed for their specific contract(s); and

The role performed, including whether the offeror acted as a prime or a subcontractor. They shall also provide the name of the contracting and technical person(s) to be contacted with their full name, title, agency, telephone, and email address.

The Government reserves the right to contact references for verification or additional information and to consider other relevant past performance information other than the information submitted by the offeror.

FEMA does not assume the duty to cure any problems it finds in the information provided by the offerors- the burden of providing thorough and complete past performance information remains with the offeror. As previously mentioned, a lack of relevant past performance will be given a "Neutral" rating.

The Government also reserves the right to draw from Government databases (e.g. Past Performance Information Retrieval System, Contractor Performance Assessment Reporting System, etc.) for past performance consideration.

VOLUME II - PRICE/COST PROPOSAL

Non-Technical Factors:

FACTOR 5: PRICE

The Offeror will complete the Labor Rate table (Attachment B) with full-loaded hourly labor rates for each year and labor category. The Labor Rate table will be incorporated into the issuing task order and the Offeror may not exceed these rates during task order performance.

This process permits trade-off among cost or price and other non-cost factors that allow the government to accept other than the lowest priced proposal. Factors 1 and 2 are of equal importance, and are individually more important than either Factor 3 or Factor 4. Factors 3 and 4 are listed in order of descending importance. A rating of UNACCEPTABLE in either Factors 1 or 2 will render the entire proposal technically unacceptable and, therefore, not eligible for award.

The offeror shall indicate in its proposal the extent to which its proposed labor rates represent a discount from the firm's standard rates.

The offeror shall propose a fully burdened rate per labor hour for all labor categories. The fully burdened rate for shall include profit, overhead, and G&A.

All requested Other Direct Costs (ODC) require prior justification and approval from the Contracting Officer (and all applicable receipts shall be submitted w/ invoices). There is no required format for the submission of supporting information.

The proposed rates shall be evaluated to determine fairness and reasonableness and shall be evaluated on the basis of the best value to the Government.

The government will evaluate the Labor Categories for the Base Period and all Options Periods. Upon contract award a ceiling will be established.

The Government will evaluate offers for award purposes by evaluating prices for the Base Period, as well as all Option Periods. Evaluation of options will not obligate the Government to exercise the options. In accordance with FAR 52.217-5 and FAR 52.217-8, the Government will evaluate a price for the Option to Extend Services, in case the Government elects to exercise that option. The method for calculating the price for that option will be to take the price for all options proposed in effect at the end of the third option period and extend the estimated price for an additional six months of performance, in accordance with the maximum time available for extension under the clause. This will give the total price for the base period of performance and all options contained in the contract. The contractor is not to price anything for this six month option. The Government will add the calculated price for the six month Option to Extend Services to the contractor’s proposed total price.

Rating Definitions

Adjectival Technical & Implementation

Superior The Superior Factor response is expected to contribute to the superior achievement of the objectives with minimal or no risk to the Government. A SUPERIOR rating indicates that the submission contains strengths, no weaknesses, and no deficiencies.

Acceptable The Evaluation Factor response is expected to introduce moderate risk in achieving the objectives. An ACCEPTABLE rating indicates that the submission contains considerable strengths, minor weaknesses, and very minor deficiencies.

Unacceptable The Evaluation Factor response is expected to introduce excessive risk making it highly unlikely that performance would meet the objectives. An UNACCEPTABLE rating indicates that the submission contains few strengths and significant weaknesses, and major deficiencies.

Adjectival Past Performance

Satisfactory The Vendor's record of past performance, as applicable, specifically relates to and suggests that DHS can expect superior performance and customer satisfaction for this effort with very low risk.

Unacceptable The Vendor's record of past performance, as applicable, suggests that the Government may expect unsatisfactory performance and customer satisfaction for this effort. The Vendor's performance record, as applicable, suggests a high degree of risk.

Neutral A "Neutral" rating indicates a Vendor without a record of past performance or for whom information on relevant past performance is not available.

In evaluating past performance, the Government will consider information obtained from past and present customers. By past performance, the Government means the offeror's record of conformity to specifications and to standards of quality of service, timeliness of performance, business relations, compliance with safety and security requirements, and contractual considerations. An offer with no relevant past performance or for whom information on past performance is not available will receive a rating of neutral.

The provisions of 52.212-3, Offeror Representations and Certifications - Commercial Items (Dec 2012) applies to this acquisition.

An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

FAR Clause at 52.212-4, Contract Terms and Conditions, Alternate I (Aug 2012) -- Commercial Items, applies to this acquisition.

FAR Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition.

The additional FAR clauses and/or provisions are incorporated by reference as an addendum to this solicitation:

FAR 52.203-6

Alternate I

Restrictions on Subcontractor Sales to the Government (Oct 1995)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.204-6 Data Universal Numbering System Number (Dec 2012) FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.209-7 Information Regarding Responsibility Matters (Feb 2012) FAR 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters (Feb 2012) FAR 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certification (Dec 2012)

FAR 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) FAR 52.217-5 Evaluation of Options (July 1990) FAR 52.227-14 Rights in Data -- General (Dec 2007) FAR 52.237-3 Continuity of Services (Jan 1991) HSAR 3052.204-71 Contractor Employee Access (Sept2012)

The additional clauses and/or provisions are incorporated in full text as an addendum to this solicitation:

FAR 52.216-18 Ordering (Oct 1995) FAR 52.216-19 Order Limitations (Oct 1995) Ordering Procedures FAR 52.216-22 Indefinite Quantity (Oct 1995) FAR 52.217-8 Option To Extend Services (Nov 1999) FAR 52.217-9 Option To Extend The Term Of The Contract (Mar 2000) FEMA Nara Records Management Language For Contracts HSAR 3052.215-70 Key Personnel Or Facilities (December 2003) HSAR 3052.242-72 Contracting Officer's Technical Representative (Dec 2003)

HSAR 3052.209-72 Organizational Conflict of Interest

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the base period, and option period if exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Ordering Procedures

(1) TASK ORDER PROCUREMENT REQUEST (TOPR)

The initial TOPR from the Contracting Officer's Representative (COR) will be forwarded to the Contractor by the Contracting Officer (CO)/or Contract Specialist (CS) requesting a cost estimate to provide the services as outlined in the proposed TO Statement of Work.

(2) ACCEPTANCE OF THE COST ESTIMATE

Upon receipt of the Contractor's proposal, the CO will forward a copy to the COTR for his/her review and comment. The COTR will forward to the CO his/her approval/disapproval. If disapproved, he/she will provide sufficient information to the CO in order to allow for negotiations with the Contractor concerning the proposal.

(3) AUTHORIZING TASK ORDER

The CO issues the Task Order, which reflects the agreed upon cost or price for the required services and authorizes the Contractor to commence with work efforts. This document also identifies the period of performance for the particular TO. NOTE: If the TO is issued on a time and material basis, the close out of the TO will reflect the actual costs associated with the TO, which may result in an audit of the TO. All orders are subject to the terms and conditions of the Indefinite Delivery/Indefinite Quantity (ID/IQ) Contract.

(4) MODIFYING TASK ORDERS

Modification to a TO will be effected by issuance of a Standard Form 30, Amendment of Solicitation/Modification of Contract, identified by the particular TO number being modified.

(5) COMPLETION OF TASK ORDERS

Upon completion of the work required under each Task Order issued hereunder, the Contractor is required to forward a written notice of completion to the Contracting Officer and the COR stating that the Order is complete, and that all requirements have been satisfied to the best of the Contractor's knowledge and belief.

(6) CLOSEOUT OF TASK ORDERS

All orders issued under this ID/IQ shall be closed out in accordance with FAR 4.804 and established FEMA policy. Upon completion of each Order and the receipt of the final invoice, a final determination will be issued definitizing the final price. In determining/verifying the actual costs incurred, the Government will retain the right to audit the costs incurred by the Contractor and the Contractor will, if requested by the Government, submit all records pertaining to a particular Order for this purpose. Additionally, before payment of the final invoice on each Task Order will be made, the Contractor shall execute a Release of Claims.

Maximum and Minimum Funding Limitations

The maximum funding limitations for this contract shall not exceed $2,000,000.00. The guaranteed minimum under this contract is $1,000.00.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $1,000.00;

(2) Any order for a combination of items in excess of $2,000.000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the Contract or exercised Option Period(s).

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 30 days.

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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 30 months.

Base Period: One Year Option Period I: One (1) Year Option Period II: Six Months

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.

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.

HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DECEMBER 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

(specify key personnel or facilities)

HSAR 3052.242-72 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.

HSAR 3052.209.72 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2006)

(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting [“contracting officer shall insert description here”] .

(b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award.

(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:

(1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or

(2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision.

(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan.

(e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.

(f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty

(30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.

(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold.

(End of provision)

Offerors shall email LaShawn Smith at Lashawn.Smith@fema.dhs.gov and Monique Waddell at Monique.waddell@fema.dhs.gov acknowledging receipt of this request for proposal.

All proposals must be delivered to FEMA Acquisition Division, Recovery Branch, 500 C. Street, SW, Washington, DC 20742; or Hand Carried to 395 E. Street, SW, Washington, DC 20742 to the attention of the below Point of Contacts.

POINTS OF CONTACT

La Shawn Smith, Contract Specialist, DHS/FEMA, Monique Waddell, Contract Specialist, DHS/FEMA