HSFE9012R0035.pdf

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and ________4_____________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

Until MONDAY AUG. 13TH, 12 PM local time _______________________ (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXT. CHRISTINE.TODD@FEMA.DHS.GOV

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 17

B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 1 J LIST OF ATTACHMENTS 1

D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 1

F DELIVERIES OR PERFORMANCE 3

G CONTRACT ADMINISTRATION DATA 6 L INSTR., CONDS., AND NOTICES TO OFFERORS 13

H SPECIAL CONTRACT REQUIREMENTS 4 M EVALUATION FACTORS FOR AWARD 4

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 6

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%) (See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM (4 copies unless otherwise specified)

10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL: CHRISTINE TODD

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government)

1 N/A 84

HSFE90-12-R-0035

X

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER

ATTN: Matthew A. Raible

19844 BLUE RIDGE MOUNTAIN ROAD

MT WEATHER VA 20135

08-13-2012

FEMA Finance Center

P.O. Box 9001 Winchester VA 22604

HSFE50-12-R-0035 Section B

Table of Contents

PART I - THE SCHEDULE ........................................................................................................................... A-1

SECTION A - SOLICITATION/CONTRACT FORM ............................................................................... A-1

SF 33 SOLICITATION, OFFER AND AWARD ................................................................................. A-1

PART I - THE SCHEDULE ............................................................................................................................ B-4

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ............................................................... B-4

B.1 IDIQ LABOR CATEGORIES……………………………………………………………………….B-1

B.2 MINIMUM AND MAXIMUM AMOUNTS………………………………………………………...B-2

B.3 TRAVEL AND ODCS……………………………………………………………… ……………...B-2

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK..................................... C-1

STATEMENT OF WORK REFERENCE………………........................................................................C-1

SECTION D - PACKAGING AND MARKING .......................................................................................... D-1

[For this Solicitation, there are NO clauses in this Section] ..................................................................... D-1

SECTION E - INSPECTION AND ACCEPTANCE .................................................................................... E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ...................... E-1

E.2 INSPECTION AND ACCEPTANCE………………………………………………………………E-1

E.3 PERFORMANCE EVALUATION…………………………………………………………………E-1

SECTION F - DELIVERIES OR PERFORMANCE ................................................................................... F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ..................... F-1

F.2 ORDERING PERIOD……………………………………………………………………………….F-1

F.3 PRINCIPAL PLACE OF PERFORMANCE…………………………………………………………F-1

F.4 NOTICE OF DELAY…………………………………………………………………………………F-1

F.5 DELIVERY SCHEDULE…………………………………………………………………………….F-2

F.6 REPORTS OF WORK………………………………………………………………………………..F-2

SECTION G - CONTRACT ADMINISTRATION DATA ......................................................................... G-1

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS ................................................................... G-1

G.2 ORDERING—BY DESIGNATED CONTRACTING OFFICIALS………………………………...G-1

G.3 TASK ORDER PROCEDURES……………………………………………………………………..G-2

G.4 INVOICES……………………………………………………………………………………………G-4

G.5 TRAVEL……………………………………………………………………………………………...G-5

G.6 TECHNICAL DIRECTION………………………………………………………………………….G-5

G.7 EVALUATION OF CONTRACTOR PERFORMANCE (Service) (Jan 2000)……………………..G-6

SECTION H - SPECIAL CONTRACT REQUIREMENTS ....................................................................... H-1

H.1 GOVERNMENT CONTRACTOR RELATIONS……………………………………………………H-1

H.2 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)……………………………H-2

H.3 CONFINDENTIALITY OF INFORMATION……………………………………………………….H-2

H.4 REPRODUCTION OF REPORTS (APR 1984)………………………………………………………H-3

H.5 PUBLICATION (APR 1984)………………………………………………………………………….H-3

PART II - CONTRACT CLAUSES ................................................................................................................ I-1

SECTION I - CONTRACT CLAUSES ......................................................................................................... I-1

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ....................... I-1

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JAN 2011) ................................................................................... I-2

I.3 HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003) ............... I-3 I.4 52.216-19 ORDER LIMITATIONS (OCT 1995) .............................................................................. I-3 I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) .......................................................................... I-3 I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) ............................................................. I-4 I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ........................ I-4

I.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)I-4

I.9 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)....................................... I-5

I.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) ...................................................................................................... I-6

I.11 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS

(FEB 2007) ....................................................................................................................................... I-7 I.12 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) .......... I-10 I.13 52.249-14 EXCUSABLE DELAYS (APR 1984) .......................................................................... I-10 I.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ..................................... I-11

I.15 HSAR 3052.204-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (JUN 2006) ................................................................................. I-11

I.16 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006) ALTERNATE II (JUN

2006) ............................................................................................................................................... I-12

I.17 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006) ..................................................................................................................................... I-13 I.18 HSAR 3052.209-72 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2006) .................... I-15

I.19 HSAR 3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE………...I-15

I.20 HSAR 3052.209-73 LIMITATION OF FUTURE CONTRACTING (JUN 2006)…………………I-16

I.21 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ..................................... I-16

I.22 FAR 52.204-2 SECURITY REQUIREMENTS (AUG 1996)………………………………………I-17

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ............................... J-1

SECTION J - LIST OF ATTACHMENTS .................................................................................................... J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS ..................................................................... K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS ............................................................................................................................................ K-1

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ........ K-1 K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011) .................. K-1 K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011) ............... K-4

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .............................. L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ......... L-1 L.2 52.216-1 TYPE OF CONTRACT (APR 1984) ............................................................................... L-1 L.3 52.233-2 SERVICE OF PROTEST (SEP 2006) .............................................................................. L-1 L.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) .... L-2 L.5 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS .......................................... L-2

L.6 PROPOSAL PREPARATION INSTRUCTIONS…………………………………………………..L-5

L.7 DOCUMENTATION OF SECURITY REQUIREMENTS………………………………………….

SECTION M - EVALUATION FACTORS FOR AWARD ........................................................................ M-1

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ....... M-1

M.2 EVALUATION—GENERAL……………………………………………………………………….M-1

M.3 EVALUATION AND AWARD……………………………………………………………………..M-2

M.4 COST/PRICE EVALUATION CRITERIA…………………………………………………………M-2

M.5 TECHNICAL EVALUATION FACTORS/CRITERIA……………………………………………..M-2

M.6 TOP SECRET CLEARANCE DOCUMENTATION………………………………………………M-4

M.7 AWARD………………………………………………………………………………………………M-4

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 IDIQ Labor Categories

Please complete the following tables with your firm’s appropriate labor categories. Use labor categories appropriate that will be needed to perform the work as described in the SOW. Technical Proposal labor descriptions including functional responsibilities and minimum education and experience levels will be incorporated into the contract. Tables may be expanded to include all labor categories that may be tasked during this contract.

IDIQ Contract - Base Year

CLIN Labor Category Contractor Off-Site T&M

Hourly Rate

Government On-Site T&M Hourly Rate

0001AA

0001AB

0001AC

0002 Travel $50,000 0003 Material $61,000 0004 Material Handling As a %

IDIQ Contract – Optional Period One

CLIN Labor Category Estimated Hours

Contractor Off-Site T&M

Hourly Rate

Government On-Site T&M Hourly Rate

1001AA

1001AB

1002 Travel $70,000 1003 Material $71,000 1004 Material Handling As a %

IDIQ Contract – Optional Period Two

CLIN Labor Category Estimated Hours

Contractor Off-Site T&M

Hourly Rate

Government On-Site T&M Hourly Rate

2001AA

2001AB

2002 Travel $70,000 2003 Material $76,000 2004 Material Handling As a %

B.2 MINIMUM AND MAXIMUM AMOUNTS

(a) During the Base Period, the Government shall place orders totaling a minimum of $10,000 for this contract.

(b) The maximum that than can be ordered during the Period of Performance of this contract is _ (to be filled in at award) _.

(c) The Contracting Officer will follow the Task Order procedures set forth in Section G.3 TASK ORDER PROCEDURES.

B.3 TRAVEL AND ODCS

Travel and ODCS will be incurred and charged on a cost reimbursable basis.

HSFE50-12-R-0035 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SEE ATTACHMENT 1 “STATEMENT OF WORK”

HSFE50-12-R-0035 Section D

D-1

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

HSFE50-12-R-0035 Section E

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-6 INSPECTION--TIME-AND-MATERIALS AND MAY 2001

LABOR-HOUR

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection: DHS/FEMA 500 C Street Washington, DC 20472

Acceptance: Same as above

E.3 PERFORMANCE EVALUATION

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work performed or being performed at the location at which it is being performed.

If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the

Contractor shall provide and shall require the Subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives shall be performed in such a manner as will not unduly delay work. The Government will endeavor to conduct all audits, inspections and evaluations in accordance with the highest levels of established professional auditing practices and standards. If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be discussed with Government prior to implementation. The Government representative are extended to include agents i.e., auditors, and/or other contractors.

HSFE50-12-R-0035 Section F

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-15 STOP WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 ORDERING PERIOD

The ordering period for this contract shall be from the effective date of the contract through 36 months. The period of performance for task orders shall not extend beyond 1 year from the last day of the ordering period of the contract.

F.3 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at the contractor’s facility and

Department of Homeland Security/FEMA Chemical Biological Radiological Nuclear Explosive (CBRNE) Branch 500 C Street SW Washington, DC 20472

F.4 NOTICE OF DELAY

If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than forty-five (45) days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer.

When notice is so required, the Contracting Officer may extend the time specified in the schedule for such period as deemed advisable.

F-2

F.5 DELIVERY SCHEDULE

All services under this contract shall be delivered in accordance with the terms and conditions set forth in this contract and/or as contained in properly executed task orders pursuant to the provisions of this contract. Types of services required along with specific delivery/performance parameters, milestones, invoicing schedules, dates, and locations will be specified in each Task Order.

F.6 REPORTS OF WORK

Task Orders issued against the IDIQ contract could result in any of the following deliverables. This list is not all-inclusive, but it is representative of the deliverables that could be produced under the resulting contract:

1.0 Monthly Progress Reports

The contractor will submit a Monthly Progress Report by the 21st of each month following the monthly reporting period. The suspense date of the report will be the same as those used for invoicing by the primary contractor.

Any and all subcontractor/consultant data will be current through the “as of” date of the report.

The report will be unclassified. E-mail submission is encouraged. The specific format will be approved by the Contracting Officers Representative (COR) and the Contracting Officer (CO). The following information will be provided as a minimum:

1.1 Task Order Reporting Requirements

(a) Technical data

1. Discuss efforts performed during the reporting period.

2. Discuss the status of any assigned deliverables. This will include the Contract Data Requirements List

(CDRL) reference, deliverable title, date due and date delivered.

3. Identify any problems encountered (technical/schedule/cost) and resolutions.

4. Specifically note if there are any unresolved problems/issues at the end of the reporting period.

5. The final report for each contract period will include a cumulative list of all deliverable items provided.

Detail will be the same as that provided in monthly reports.

(b) Expenditure data

1. Provide current and cumulative expenditures of both hours and dollars; illustrate expenditures separately by Task Order and the amount funded as well as compute a funding balance.

2. Provide line graphs illustrating expenditures of both hours and dollars. These graphs will demonstrate planned expenditures as well as funding levels.

3. Provide the names of all personnel charging to the Task Order. Organize the data by contract labor category and illustrate both current and cumulative hours charged for each person. Reveal separate uncompensated hours and total time to account for hours worked (if applicable).

4. Total expenditures will be compared to those invoiced for the same period and differences explained.

The above detail information will be provided for current contract period Task Orders only. Information required by paragraph 1.1 above will also be provided for each previous Task Order so as to provide a summary for the Task Order

Distribution requirements: The report will be distributed as indicated on individual Task Orders.

2.0 Annual Plan of Action and Milestones (POA&M and Staffing Plan)

The contractor will develop a POA&M for each work area within the Statement of Work (SOW) and/or as identified by the Task Order. The SOW area is defined as the level of task identified in the SOW/Task Order. The POA&M is due within twenty-one

(21) calendar days after the Task Order award, Exercise of Option, Technical Instruction Issuance, and/or Modification to the

F-3

Technical Instruction or the Task Order which affect the Level of Effort or dollar ceilings. While contractor format is acceptable, with the Task Order Monitors (TOMs) and Contracting Officer’s, the following information, as a minimum, will appear in each

POA&M.

2.1 Task Order Statement of Work

(a) Date POA&M prepared (and revision number if applicable)

(b) Work Area

(c) POA&M applicable period of performance

(d) Work summary to include a listing of planned deliverables

(e) Estimated Man-Years required for the period to include subcontractors

(f) Names of personnel to be assigned and estimated Level of Effort stated in terms of man-years.

3.0 In Progress Reviews (IPR)

The contractor will participate in both formal and informal IPRs of work being performed. Formal reviews will be scheduled by the Government and will be conducted in Governmental spaces. At the time the review is scheduled, the Government will communicate the specific purpose of the review and advise the contractor as to the desired content of the presentation. The contractor will provide copies of slides presented to all attendees. An initial IPR will be conducted within sixty (60) days of the Task Order award date and will follow an agenda agreed to by the TOM. Subsequent IPRs will be conducted approximately every ninety (90) days thereafter unless waived by the Government.

4.0 Task Prioritization Meetings

The contractor will participate in periodic Task Prioritization Meetings with individual Task Area Points of Contact (POC). The purpose of these meetings is to convey the Government’s technical program schedules and priorities and to identify corresponding task priorities for this order. The TOM and/or the Alternate TOM (A-TOM) may attend these meetings. Results of these meetings will be included in the Monthly Progress Report.

HSFE50-12-R-0035 Section G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: TBD AT TIME OF AWARD

Phone:

Fax:

Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract:

Name: TBD AT TIME OF AWARD

Phone:

Alternate Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract:

Name: TBD AT TIME OF AWARD

Phone:

G.2 ORDERING—BY DESIGNATED CONTRACTING OFFICIALS

(a) The Government will order any supplies and services to be furnished under this contract by issuing Task Orders on Optional Form 347, or an agency prescribed form, from the effective date of the contract through the expiration date of the contract. Task Orders will only be issued by a Contracting Officer.

(b) A Standard Form 30 will be the method of modifying Task Orders.

(c) Each T&M type Task Order will have a ceiling price, which the Contractor may not exceed. For Time and Materials type tasks orders: when the Contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next (30) days, will bring the total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative (COR) in writing.

(d) The Government may also place Firm Fixed Price Task Orders, when possible. Firm Fixed Task Orders will be utilized when the task order requirement can be defined.

G-2

G.3 TASK ORDER PROCEDURES

(a) One or more Task Orders (TOs) will be issued during the performance of this contract. In accordance with the Federal Acquisition Streamlining Act and FAR 16.505(b), the Contracting Officer will give each awardee a fair opportunity to be considered for each order in excess of $3,000, except as provided in Paragraph (b)(2) and (b)(3) of this section.

Procedures and selection factors to be considered for each TO that provides fair opportunity are set forth in (b) and (c) below:

(b) Procedures providing a fair opportunity for consideration on each requirement

(1) The Government will provide all awardees a fair opportunity to be considered for each order. This opportunity will be provided through the Governments’ examination of existing information already in the Government’s possession, such as an awardee’s original proposal (labor rates, technical/management capabilities, etc.), demonstrated expertise in a specialized area beyond that of the awardees, and/or current past performance reports (including the Contractor’s original proposal data if it is the most current data the Government possesses.) As work proceeds under this contract, the Government will rely more upon recent task order performance reports than on past performance records submitted with the original proposal to the maximum extent possible).

(2) Exceptions to fair opportunity consideration. Awardees may not be given an opportunity to be considered for a particular requirement when the Contracting Officer determines one of the following conditions apply:

(i) The agency need for the services is so urgent that providing the opportunity would result in unacceptable delays;

(ii) Only one contractor is capable of providing the services at the level of quality required because the services are unique or highly specialized;

(iii) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the subject contracts, provided that all awardees were given a fair opportunity to be considered for the original order; or

(iv) It is necessary to satisfy a minimum guarantee; or

(v) It is known that a contractor has an unacceptable conflict of interest.

(c) Proposal process for Selected Multi-Awardees

(1) Except as provided in Paragraphs (b)(2) and (b)(3) of this clause, the Contracting Officer will issue a Task Order proposal request to those awardees. The proposal request will include a Statement of Work (SOW) that includes a detailed description of work to be accomplished, a listing of the deliverables, and additional information as appropriate. The proposal request will also include specific instructions for the submission of proposals, the Task Order type (Time & Materials or Firm Fixed Price) the selection criteria factors and other information deemed appropriate.

(2) Awardees will generally be allowed between 7 and 14 calendar days to prepare and submit proposal. However, more or less time may be necessary, based on the requirements. The due date shall be set forth in each Task Order proposal request. Awardees may “NO BID” at their own discretion. However, all “NO BIDS” must include a brief statement as to why the awardee has chosen not to participate.

(3) Bid and proposal (B&P) Costs B&P costs of preparing a Task Order proposal will not be reimbursed as a direct cost to this contract.

G-3

(4) Technical Proposals Written technical proposal requirements may include the following information:

Technical Approach Personnel Quantities/Hours of personnel by labor category Other Direct Costs Risks Schedule Teaming Arrangements, if applicable

The technical proposal information should be brief, i.e., 3-5 pages stating compliance or exception to TO requirements, risks, assumptions, and conflict of interest issues. Proposals shall not merely restate Task Order SOW requirements.

(5) Price Proposals A written price proposal will be required for each Task Order. This part of the proposal shall include detailed pricing amounts for all resources required to accomplish the task (labor, travel, etc.). As a minimum, the following data will be provided:

(i) Identify labor categories in accordance with the Section B – Schedule and the number of hours required for performance of the task.

(ii) Other Relevant Information: This information shall be in writing and shall address other relevant information, as required by the contract or requested by the TO proposal request.

(6) If necessary, during the evaluation of proposals the Government may contact an awardee with questions concerning their proposal. However, such contact does not constitute discussions as defined by FAR 15.306.

(d) Selection Criteria for Awarding Task Orders Once proposals are received, the Government will evaluate the proposals in accordance with the selection criteria contained in the RFQ. The Government’s award decision will be based, as a minimum, on selection criteria that addresses past performance, technical/management approach and price. Individual Task Order selection criteria may include other factors relevant to the particular Task Order. The order of importance for the factors may be identified on each individual request.

(e) Proposal Process for Award under other than Fair Opportunity to be Considered Provisions The proposal process for excepted requirements as defined in paragraph (b)(2) of this clause is the same as paragraph “d” above, except that there will be no selection criteria;

(f) Unauthorized Work The Contractor is not authorized to commence task performance prior to issuance of a signed Task

Order, or verbal approval provided by the Contracting Officer, which will be followed up with a written Task Order within 5 days.

(g) Task Funding Restriction No unfunded tasks are permitted.

(h) Task Order Issuance Task Orders may be distributed issued by electronic mail.

(i) Ombusdsman Description In accordance with FAR 16.505(a)(7), Task Order selection is not subject to the Disputes

Act. No protest under FAR Subpart 33.1 is authorized in connection with the Contracting Officer decisions regarding fair opportunity or the issuance of a Task Order under this contract. The designated FEMA Task Order Ombudsman will review complaints from contractors regarding the issuance of Task Orders, and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the regulations and procedures in the contract. Complaints to the FEMA Ombudsman must be forwarded to:

Clifford Oliver Branch Chief, Acquisition Program and Planning Branch

G-4

Federal Emergency Management Agency 395 E Street SW RM 223 Washington, D.C. 20472-3210 Clifford.Oliver@dhs.gov

(202) 646-4631

G.4 INVOICES

An invoice is a written request for payment under this contract for services rendered. Payment of invoices submitted under the contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in the contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

a. GENERAL INFORMATION

1. Name and address of Contractor;

2. Contract Number and applicable Task Order Number and Invoice date;

3. Description of supplies or services, quantity, task order unit of measure and unit price, and extended total;

4. Shipment and payment terms;

5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by the agency to process payment.

6. Any other information or documentation required by other provisions of the task order (such as evidence of shipment).

7. Invoices shall be submitted as follows:

Number Distribution

Original and 1 copy-Payment Office Federal Emergency Management Agency FEMA Finance Center PO Box 9001 540-504-1899 Winchester, VA 22604

One copy-Contracting Officer Federal Emergency Management Agency

One copy-Contract Specialist Federal Emergency Management Agency

One copy-COTR (COR) Federal Emergency Management Agency

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. As mandated by the Debt Collection Improvement Act (DCIA) of 1996 and in accordance with FAR Clause 52.232-34- Payment By Electronic Funds Transfer--Other Than Central Contractor Registration (MAY 1999) of this contract, the contractor must submit the following written EFT information to the office designated in clause 52.232-35 of this award document by the date specified in clause 52.232-34:

(a) The contract number (or other procurement identification number).

mailto:Clifford.Oliver@dhs.gov�

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(b) The contractor's name and remittance address, as stated in the contract(s).

(c) The signature (manual or electronic, as appropriate), title, and telephone number of the contractor official authorized to provide this information.

(d) The name, address, and 9-digit Routing Transit Number (RTN) of the contractor's financial agent.

(e) The contractor's account number and the type of account (checking, savings or lockbox).

(f) If applicable, the Fed-wire Transfer System (FTS) telegraphic abbreviation of the contractor's financial agent.

(g) If applicable, the contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number (RTN) of the correspondent financial institution receiving the wire transfer payment if the contractor's financial agent is not directly on-line to the FTS; and, therefore, not the receiver of the wire transfer payment.

2. The contractor should include the EFT information set forth below on all invoices submitted for payment under this contract. Failure to provide the information or failure to notify this agency of changes to this information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. The following EFT information should be submitted on each invoice:

(a) Routing Transit Number (RTN) – The contractor shall provide the current 9-digit RTN of the payee's bank

(b) Payee's account number

(c) Contractor's Tax Identification Number (TIN)

(The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.)

If at any time during the term of this contract, the contractor changes any EFT information, (i.e. financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract.

To avoid delays in processing invoices, the contractor must also submit written notification of EFT information changes to the office designated in this award document as soon as the new information is known to the contractor. This notification must be in writing and signed by the individual authorized by the contractor to make such changes.

G.5 TRAVEL

The Contractor may be required to travel within the Washington, DC Metropolitan area or to other FEMA Component locations within a fifty mile radius. Travel outside the local commuting area is not anticipated, and FEMA will not reimburse the Contractor for travel within the local commuting area (fifty mile radius). Should travel outside the local commuting area be required, it must be authorized in advance by written approval (e-mail is acceptable) by the designated COR. Travel not receiving advanced written approval (e-mail is acceptable), by the designated COR, will not be reimbursed by the government. The written request shall be sent to the COR well in advance of any anticipated travel in order to allow sufficient time for notification and approval. Contractor travel expenses will be reimbursed in accordance with the allowable travel costs specified in the Federal Travel Regulations. The following information shall be provided in the request:

a) Name of the individual(s) who will be traveling;

b) Inclusive dates and location(s) of proposed travel;

c) Purpose of trip and program being supported; and

d) Cost breakdown.

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G.6 TECHNICAL DIRECTION

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

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

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

(2) In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

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

(4) Interferes with the Contractor right to perform the specifications of the contract.

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

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (4) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor Letter that:

(1) The technical direction is rescinded in its entirety

(2) The technical direction is within the scope of the contract, does not constitute a change under FAR clause 52.243-7 of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause (see FAR 52.233-1) of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor risk.

G.7 EVALUATION OF CONTRACTOR PERFORMANCE (Service) (Jan 2000)

In accordance with FAR 42.15, the Contractor shall be subject to performance review in the Contractor Performance Assessment Reporting System (CPARS), found at https://www.cpars.gov/. Contractors shall provide responses to reviews as required in CPARS. Contractor shall designate a Point of Contact for CPARS reviews and responses, and provide the name, phone number and email address of the designated contractor POC to the Contracting Officer within 30 days of the contract effective date.

https://www.cpars.gov/�

HSFE50-12-R-0035 Section H

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT CONTRACTOR RELATIONS – NON-PERSONAL SERVICES

The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the government to afford both parties a full understanding of their respective obligations.

(a) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other FEMA contracts, or become a part of the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

(b) Employee relationship.

(1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor’s personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulations, directives, and requirements that are issued by DHS/FEMA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(c) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this contract are not subject to Federal income tax withholdings.

(2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits by virtue of this contract.

(4) The Contractor is not entitled to workman’s compensation benefits by virtue of this contract.

(5) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.

(d) Notice. It is the Contractor’s, as well as, the Government’s responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause been or may be violated.

(1) The Contractor should notify the Contracting Officer in writing promptly, within five (5) calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimized cost, delay or disruption of performance.

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(2) The Contracting Officer will promptly, within ten (10) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either: (i) Confirm that the conduct is in violation and when necessary direct the mode of further performance, (ii) Countermand any communication regarded as a violation, (iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or (iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond.

H.2 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 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.

Key Personnel under this Contract: To Be Identified at Time of Contract Award

Key Facilities under this Contract: Not Applicable

H.3 CONFIDENTIALITY OF INFORMATION

(a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that--

(1) At the time of receipt by the Contractor, is in the public domain

(2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor

(3) The Contractor can demonstrate was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies

(4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

(b) The Contractor shall obtain from each employee permitted access a DHS Form 11000-6, Non-Disclosure Agreement, stating that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract. The DHS Form 11000- 6 is provided as Attachment 2 under Section J of the contract.

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H.4 REPRODUCTION OF REPORTS (APR 1984)

Reproduction of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages time’s copies. A production unit is one sheet, size 8 1/2x11 inches or less, printed on one side only, and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters, and plates which are to be used on single-unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducibles (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written material.

H.5 PUBLICATION (APR 1984)

(a) Definition. For the purpose of this clause ``publication'' includes (1) any document containing information intended for public consumption or (2) the act of, or any act which may result in, disclosing information to the public.

(b) General. The results of the research and development and studies conducted under this contract are to be made available to the public through dedication, assignment to the Government or other such means as the Director of the Federal Emergency Management Agency shall determine.

(c) Reports furnished the Government. All intermediate and final reports of the research and development and studies conducted hereunder shall indicate on the cover or other initial page that the research and development and studies forming the basis for the report were conducted pursuant to a contract with the Federal Emergency Management Agency.

Such reports are official Government property and may not be published or reproduced (in toto, in verbatim excerpt, or in a form approximating either of these) as an unofficial paper or article. The contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish such reports in whole or in part in a non-Government publication only in accordance with this paragraph (c) and paragraph (e)(1) of this clause.

(d) Publication by Government. The Government shall have full right to publish all information,…