HSFE90-13-R-0013_Solicitation_1-24-2014.docx

HSFE90-13-R-0013

SOLICITATION, OFFER AND AWARD

N/A

PAGE OF PAGES

HSFE90-13-R-0013

4. TYPE OF SOLICITATION SEALED BID (IFB)

X NEGOTIATED (RFP)

7. ISSUED BY CODE

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

Federal Emergency Management Agency Acquisition Operations Division Response Branch 395 E Street SW, 5th Floor Washington DC 20472

HSFE90-13-R-0013

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

SOLICITATION

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.

Kimberly Coakley

kimberly.coakley@fema.dhs.gov

NO PHONE CALLS

11. TABLE OF CONTENTS(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

x A

SOLICITATION/CONTRACT FORM

X I

CONTRACT CLAUSES

I-1 X B

SUPPLIES OR SERVICES AND PRICES/COSTS

B-1

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C

DESCRIPTION/SPECS./WORK STATEMENT

C-1 X J

LIST OF ATTACHMENTS

J-1 X D

PACKAGING AND MARKING

D-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E

INSPECTION AND ACCEPTANCE

E-1 x

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

K-1 X F

DELIVERIES OR PERFORMANCE

F-1

X G

CONTRACT ADMINISTRATION DATA

G-1 X L

INSTR., CONDS., AND NOTICES TO OFFERORS

L-1 X H

SPECIAL CONTRACT REQUIREMENTS

H-1 X M

EVALUATION FACTORS FOR AWARD

M-2

STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror) 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 calenda r 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 ea ch item, delivered at the designated point(s), within the time specified in the schedule.13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52-232-8)

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

15A. NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXT.

AWARD (To be completed by Government)

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)

CODE

25. PAYMENT WILL BE MADE BY

Federal Emergency Management Agency/FFC

CODE

P.O. Box 800 Berryville VA 22611

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)

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33

(REV. 9-97)

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

Table of Contents

PART I - THE SCHEDULE

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

SF 33 SOLICITATION, OFFER AND AWARD

PART I - THE SCHEDULE ............................................................................................................. B-1 SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS .................................................. B-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK.......................... C-1 SECTION D - PACKAGING AND MARKING ............................................................................... D-1 SECTION E - INSPECTION AND ACCEPTANCE........................................................................ E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E,3 PERFORMACNE EVALUATION

E.4 METHODS OF SURVEILLANCE

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

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PRINCIPAL PLACE OF PERFORMANCE

F.3 NOTICE OF DELAY

F.4 DELIVERY SCHEDULE

F.5 TERM OF CONTRACT

F.6 REPORTS OF WORK

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

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

G.2 TRAVEL AND OTHER ODCS

G.3 TECHNICAL DIRECTION AND SURVEILLANCE

G.4 INVOICES

G.5 TASK ORDER FUNDING

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

H.1 SUBCONTRACTING PLANS AND GOALS

H.2 ACCESSIBILITY OF MEETINGS, CONGERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES

H.3 REPORDUCTION OF REPORTS

H.4 COORDINATION OF FEDERAL REPORTING SERVICES

H.5 PUBLICATION

H.6 OBSERVANCE OF LEGAL HOLIDAYS

H.7 NON-PERSONAL SERVICES

H.8 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITES

H.9 CONFIDENTIALITY OF INFORMATION

H.10 ORGANIZATIONAL CONFLICT OF INTEREST

H.11 DESIGNATION OF PROJECT DIRECTOR

H.12 INSURANCE

PART II - CONTRACT CLAUSES

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

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.203-3 GRATUITIES (DEC 1984)

I.3 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.4 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

I.5 52.209-7 INFORMATION REGARDING RESPONSIBILTY MATERS (JUL 2013)

I.6 52.209-9 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

I.7 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013)

I.8 52.216-18 ORDERING (OCT 1995)

I.9 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.10 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.11 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.12 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.13 52.233-2 SERVICE OF PROTEST

I.15 52.249-14 EXCUSABLE DELAYS (APR 1984)

I.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.17 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

I.18 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS .... K-1

K.1 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUL 2013)

K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

K.5 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.6 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.7 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009)

K.8 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (MAY

2012)

K.9 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR 2005)

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

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.5 COMMITMENT OF GOVERNMENT TO AWARD A CONTRACT AND EXPENDITURE OF FUNDS

L.6 RESTRICTION ON USE AND DISCLOSURE OF PROPOSAL/QUOTATION INFORMATION (DATA)

L.7 COMMUNICATIONS

L.8 PROPOSAL SUBMISSION

L.9 PROPOSAL DELIVERY INSTURCTIONS

L.10 ALTERNATE PROPOSLA INFORMATION

L.11 OFFEROR ACCEPTANCE PERIOD

L.12 CONTENT OF PROPOSALS (SERVICES)

L.13 PROPOSAL STRUCTURE

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

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Pricing

This is a Hybrid Indefinite Delivery Indefinite Quantity Contract with Time and Materials and possible Firm Fixed Price Task orders.

The Direct Labor Rate Contract Line Items in Attachment A – Excel Spreadsheet for Labor Categories and Rates represent fully-burdened hourly rates for each labor classification. The fully-burdened labor rates include all direct labor and all indirect costs applicable to that direct labor, such as fringe benefits, G&A, and overhead. The contractor shall utilize the excel sheet of Attachment A – Excel Spreadsheet for Labor Categories and Rates to propose pricing for the base and four option years. Although suggested labor categories have been provided, the Contractor can propose additional or alternative labor categories. However, a labor category description must be provided in the proposal along with an explanation on why each proposed category is needed.

All travel expenses will be reimbursed in accordance with Federal Travel Regulations (FTR).

In considering the price of the base period and any option periods, the Government will consider that if the extension of service clause (FAR 52.217-8) is exercised, it will be on the exact same rates and terms, other than length of performance, as the base or option period being extended.”

B.2 LABOR CATEGORIES AND RATES

See attachment A - Excel spreadsheet for Labor Categories and Rates for completion.

B.3 AUTHORIZATIONS FOR WORK

ONLY THE CONTRACTING OFFICER (CO) CAN AUTHORIZE WORK UNDER THIS CONTRACT. FEMA WILL ONLY PAY FOR CO AUTHORIZED WORK.

Task Orders obligate funds under this IDIQ contract. The Hybrid IDIQ contract will be for one twelve (12) month base year and four twelve (12) month option years. The contract line item number (CLIN) structure for each task order issued under the contract will be established at the time of issuance of the task order. All Task Orders shall be either Firm Fixed Price or Time and Material Task Orders with Cost-reimbursement CLINs.

The following will be Cost-reimbursement CLINs:

Travel, Fleet Management (Fuel, Meals, Security, Cleaning) and other direct costs (ODCs)

B.4 Minimum and Maximum Amount

The minimum guaranteed dollar value under this contract will be established at $2,500.00. The maximum aggregate dollar value of all task orders under this contract is hereby established at a ceiling amount of $45,862,939.13.

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

See Attachment B – Performance Work Statement (PWS)

SECTION D - PACKAGING AND MARKING

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

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.

52.246-6

INSPECTION--TIME-AND-MATERIALS AND LABOR-HOUR

MAY 2001

E.2 INSPECTION AND ACCEPTANCE

For the purpose of this clause, the Contracting Officer l Representative (COR) named in the Designation of Contracting Officer’s Technical Representative Clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such other designations occur, the Contractor will be notified by written notice.

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 being performed at the location at which it is being performed. Pursuant thereto, the Government reserves the right to maintain representatives on the premises of the Contractor. If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide and all reasonable facilities and assistance for the safety and convenience of the Government’s representatives in the performance of their duties. All inspections and evaluations by the Government’s representatives shall be performed in such a manner as will not unduly delay work. The Government will endeavor to conduct all audits, inspection 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 the Government prior to implementation. Reports of the Contractors performance shall be placed in the contract file and will be subject to release to the public. The Government representatives are extended to include agents i.e., auditors, and/or other contractors. The Contractor agrees that such reports or deficiencies or proposed corrective action may be released to the public.

E.4 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractors performance. These include, but are not limited to, Attachment C - Quality Assurance Surveillance Plan (QASP)100% inspection, random sampling, and/or review of customer complaints.

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.

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PRINCIPAL PLACE OF PERFORMANCE

Place of Performance shall be determined upon Task Order issuance.

F.3 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.4 DELIVERY SCHEDULE

Delivery of items specified below shall be shipped F.O.B. destination in accordance with the following schedule:

As specified under individual task orders.

F.5 TERM OF CONTRACT

The contract shall be for a period of one twelve (12) month base period and four (4) twelve (12) month option periods to be exercised upon written notification from the Contracting Officer. The periods of performance for the Task Orders will be specified in each Task Order. All Task Orders placed prior to the expiration date shall remain in full force and effect until deliveries have been completed and payment, therefore, have been made.

F.6 REPORTS OF WORK

Reports are not separately priced; the cost of reports shall be included in the price for services. A commercial report format is acceptable provided all pertinent information is contained in the report. The Government reserves the right to have the Contractor tailor reports at no additional cost.

The Contractor shall have the capability to develop and provide various databases, spreadsheets and reports. The Contractor shall have the capability and flexibility to tailor the reports from these sources that fit the specific declared disaster and FEMA requirements.

Note: Unless otherwise stated, reports shall be provided in both electronic and hard copies.

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: Sam Ansani EMAIL: sam.ansani@fema.dhs.gov Phone: NO PHONE CALLS Contract Specialist:

Phone: NO PHONE CALLS Contracting Officer's Technical Representative:

Name: TBD Phone: NO PHONE CALLS G.2 TRAVEL and OTHER ODCs

Costs for transportation, lodging, meals and incidental expenses incurred by contractor personnel on official company business are allowable subject to FAR 31.205-46, Travel Costs. These costs will be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations and shall be reimbursed after submission of all required receipts along with invoices.

Cost-reimbursement CLINs will be the following:

Travel, Fleet Management (Fuel, Meals) and other ODCs

G.3 TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of the work under this contract shall be subject to the surveillance and written technical direction of the 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 PWS;

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

(3) 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;

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

(5) Interferes with the Contractor's right to perform the specifications of the contract. (c) All technical directions shall be issued by the COR.

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

(1) The technical direction is rescinded in its entirety

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

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

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

G.4 INVOICES

An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this 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 this 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 of Contractor

2. Invoice date

3. Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

4. Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on Government bills of lading).

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 this agency to process payment.

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

7. Invoices shall be prepared and submitted as follows:

Number Distribution

One electronic copy Contracting Officer

One electronic copy Contract Specialist

One electronic copy COR

One electronic copy FEMA-Finance-Vendor-Payments@fema.dhs.gov

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. 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 TASK ORDER FUNDING

Time & Material and Firm Fixed Price type Task Orders may be issued under this contract within the established contract ceiling limitation. Task order payments shall be made in installments based on the percentage of completion of work, as determined by the Contracting Officer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACTING PLANS AND GOALS

The Contractor’s Small Business Subcontracting Plan submitted will include, at a minimum, the goals set forth below for each socio-economic grouping listed (if higher subcontracting goals are proposed in the Offeror’s Small Business Subcontracting Plan, the higher goals will be incorporated into this section). The goals will be applied to the total value of the subcontracting plan. For example, if a contract is awarded for $100 Million, and of which $10 Million is planned to be subcontracted, the subcontracting goal for all small businesses for the contract is $4 Million.

Category Subcontracting Goal

* represents a subset percentage of the Total Small Business goal (for examples, if 3% is awarded to Woman-owned Small Businesses, that 3% would also apply the Total Small Business’ subcontracting goal.

The Small Business Subcontracting Plan, dated (provided at time of award), is attached hereto and made a part of this contract. Failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8 Utilization of Small Business Concerns, incorporated in this contract, and the attached Subcontracting Plan will be material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 Liquidated Damages-Subcontracting Plan.

H.2 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES

The Contractor agrees as follows:

(a) Planning. The Contractor will develop a plan to assure that any meeting, conference, or seminar held pursuant to this contract will meet or exceed the minimum accessibility standards set forth below. This plan shall include a provision for ascertaining the number and types of disabled individuals planning to attend the meeting, conference, or seminar. The plan shall be submitted to the Contracting Officer for approval prior to initiating action. A consolidated or master plan for contracts requiring numerous meetings, conferences, or seminars may be submitted in lieu of separate plans.

(b) Facilities. Any facility to be utilized for meetings, conferences, or seminars in performance of this contract shall be accessible to persons with disabilities. The Contractor shall determine, by an on-site inspection if necessary, that the following minimum accessibility requirements are met, or suitable modifications are made to meet these requirements, before the meeting:

(1) Parking. (i) Where parking is available on or adjacent to the site one 12' wide space must be set aside for the car of each mobility impaired attendee. The space need not be permanently striped but may be temporarily marked by signs, ropes, or other means satisfactory to carry out this provision.

(ii) Where parking is not available on or adjacent to the site, valet parking or other alternative means must be available to assist disabled attendees. Alternate means must be satisfactory in the judgment of the Contracting Officer.

(2) Entrances. (i) ``Entrances'' shall include at least one accessible entrance from the street/sidewalk level, and at least one accessible entrance from any available parking facility.

(ii) The entrance shall be level or accessible by ramp with an incline that allows independent negotiation by a person in a wheelchair. In general, the slope of the incline shall be no more than 1" rise per foot of ramp length (1:12).

(iii) Entrance doorways shall be at least 30" in clear width and capable of operation by persons with disabilities. Revolving doors, regardless of foldback capability, will not meet this requirement.

(3) Meeting Rooms. (i) Meeting room access from the main entrance area must be level or at an independently negotiable incline (approximately 1:12) and/or served by elevators from the main entrance level. All elevators shall be capable of accommodating a wheelchair 29" wide by 45" long.

(ii) Meeting rooms shall be on one level or, if on different levels, capable of being reached by elevators or by ramps that can be independently negotiated by a person in a wheelchair. Doorways to all meeting rooms shall be at least 30" in clear width.

(iii) The interior of the meeting room shall be on one level or ramped so as to be independently negotiable for a person in a wheelchair.

(iv) Stages, speaker platforms, etc. which are to be used by persons in wheelchairs must be accessible by ramps or lifts. When used, the ramps may not necessarily be independently negotiable if space does not permit. However, any slope over 1:12 must be approved by the Contracting Officer. Each case is to be judged on its own merits.

(v) If a meeting room with fixed seating is utilized, seating arrangements for persons in wheelchairs shall be made so that these persons are incorporated into the group rather than isolated on the perimeter of the group.

(4) Restrooms. (i) Restrooms shall have level access, signs indicating accessibility, and doorways at least 30" in clear width.

(ii) Sufficient turning space within restrooms shall be provided for independent use by a person in a wheelchair 29" wide by 45" long. A space 60" by 60" or 63" by 56" of unobstructed floor space as measured 12" above the floor is acceptable by standard; other layout will be accepted if it can be demonstrated that they are usable as indicated.

(iii) There will be a restroom for each sex or a unisex restroom with at least one toilet stall capable of accommodating a wheelchair 29" wide by 45" long (by standard, the minimum is 3'-0" by 43'- 83"), with outswinging door or private curtains. Wall mounted grab bars are required.

(iv) When separate restrooms have been set up for mobility impaired persons, they shall be located adjacent to the regular restrooms and shall be fully accessible.

(5) Eating Facilities. (i) Eating facilities in the meeting facility must be accessible under the same general guidelines as are applied to meeting rooms.

(ii) If the eating facility is a cafeteria, the food service area (cafeteria line) must allow sufficient room for independent wheelchair movement and accessibility to food for persons in wheelchairs, and cafeteria staff shall be available to assist disabled persons.

(6) Overnight Facilities. If overnight accommodations are required:

(i) Sufficient accessible guest rooms to accommodate each attendee who is disabled shall be located in the facility where the meeting, conference, or seminar is held, or in a facility housing the attendees which is conveniently located hereby, whichever is satisfactory to the Contracting Officer.

(ii) Overnight facilities shall provide for the same minimum accessibility requirements as the facility utilized for guest room access from the main entrance area shall be level, ramped at an independently negotiable incline (1:12), and/or served by elevators capable of accommodating a wheelchair 29" wide by 45" long.

(iii) Doorways to guest rooms, including the doorway to the bathroom, shall be at least 30" in clear width. (iv) Bathrooms shall have wall mounted grab bars at the tub and water closet.

(v) Guest rooms for persons with a disability shall be provided at the same rate as a guest room for other attendees.

(7) Water Fountains. Water fountains shall be accessible to disabled persons, or have cup dispensers for use by persons in wheelchairs.

(c) Provisions of Services for Sensory Impaired Attendees.

(1) The Contractor, in planning the meeting, conference, or seminar shall include in all announcements and other materials pertaining to the meeting, conference, or seminar a notice indicating that services will be made available to sensory impaired persons attending the meeting, if requested within five (5) days of the date of the meeting, conference, or seminar. The announcement(s) and other material(s) shall indicate that sensory impaired persons may contact a specific person(s), at a specific address and phone number(s), to make their service requirements known. The phone number(s) shall include a teletype number for the hearing impaired.

(2) The Contractor shall provide, at no cost to the individual, those services required by persons with sensory impairments to insure their complete participation in the meeting, conference, or seminar.

(3) As a minimum, when requested in advance, the Contractor shall provide the following services:

(i) For hearing impaired persons, qualified interpreters. Provisions will also be made for volume controlled phone lines and, if necessary, transportation to local teletype equipment to enable hearing impaired individuals to receive and send meeting related calls. If local teletype equipment is not available, the Contractor shall provide on-site teletype equipment. Also, the meeting rooms will be adequately illuminated so signing by interpreters can be easily seen.

(ii) For vision impaired persons, readers and/or cassette materials, as necessary, to enable full participation. Also, meeting rooms will be adequately illuminated.

(iii) Agenda and other conference material(s) shall be translated into a usable form for the visually and hearing impaired. Readers, braille translations, and/or tape recordings are all acceptable. These materials shall be available to sensory impaired individuals upon their arrival.

(4) The Contractor is responsible for making every effort to ascertain the number of sensory impaired individuals who plan to attend the meeting, conference, or seminar. However, if it can be determined that there will be no sensory impaired person (deaf and/or blind) in attendance, the provision of those services under paragraph (c) for the non-represented group, or groups, is not required.

H.3 REPRODUCTION OF REPORTS

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 times 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 reproducible (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.4 COORDINATION OF FEDERAL REPORTING SERVICES

In the event that it is a contractual requirement to collect information from 10 or more public respondents, the provisions of 44 U.S.C. Chapter 35 (Coordination of Federal Reporting Requirements), shall apply to this contract. The contractor shall obtain through the COR the required Office of Management and Budget clearance before making public contacts for the collection of data or expending any funds for such collection. The authority to proceed with the collection of data from public respondents and the expenditure of funds therefore shall be in writing signed by the Contracting Officer.

H.5 PUBLICATION

(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 total, 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, data, and findings developed as a result of the research and development and studies conducted hereunder.

(e) Publication by contractor or technical personnel.

(1) Publication in whole or in part of contractor's reports furnished the Government. Unless such reports have been placed in the public domain by Government publication, the contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish a report furnished the Government, in total or in verbatim excerpt, but consistent with paragraph (c) of this clause may not secure copyright therein, subject to the following conditions and the conditions in paragraph (e)(4) and paragraph (f).

(i) During the first six months after submission of the full final report, if written permission to publish is obtained from the contracting officer.

(ii) After six months following submission of the full report, and if paragraph (e)(3) is inapplicable, if a foreword or footnote in the non-Government publication indicates the source of the verbatim material.

(2) Publication, except verbatim excerpts, concerning or based in whole or in part on results of research and development and studies hereunder. The contractor or technical personnel may issue a publication concerning or based in whole or in part on the results of the research and development and studies conducted under this contract and may secure copyright therein, but in so publishing is not authorized thereby to inhibit the unrestricted right of the Director of the Federal Emergency Management Agency to disclose or publish, in such manner as he may deem to be in the public interest, the results of such research and development and studies to the following conditions and the requirement in paragraph (e)(4):

(i) During the first six months after submission of the full final report, and if paragraph (e)(3) is inapplicable, if written waiver of the waiting period is obtained from the contracting officer.

(ii) After six months following submission of the full final report, and if paragraph (e)(3) is inapplicable, subject to Government exercise of an option that the publication contain a foreword or initial footnote substantially as follows: The (research) (development) (studies) forming (part of) the basis for this publication were conducted pursuant to a contract with the Federal Emergency Management Agency. The substance of such (research) (development) (studies) is dedicated to the public. The author and publisher are solely responsible for the accuracy of statements or interpretations contained therein.

(3) General conditions if FEMA determines that contractor's final report contains patentable subject matter developed in contract performance. If the contracting officer determines that the contractor's full final report contains patentable subject matter developed in the performance of this contract and so notifies the contractor in writing prior to six months from date of submission of such report, no publication of verbatim excerpts from contractor's reports or publication concerning or based in whole or in part on the results of the research and development and studies hereunder shall be made without the written consent of the contracting officer.

(4) Copies of contractor and technical personnel publications to be furnished the Government. The contractor or technical personnel will furnish the contracting officer six copies of any publications which are based in whole or in part on the results of the research and development and studies conducted under this contract.

(f) Administratively confidential information. The contractor shall not publish or otherwise disclose, except to the Government and except matters of public record any information or data obtained hereunder from private individuals, organizations, or public agencies in a publication whereby the information or data furnished by any particular person or establishment can be identified, except with the consent of such person or establishment.

(g) Inclusion of provisions in contractor's agreements. The contractor shall include provisions appropriate to effectuate the purposes of this clause in all contracts of employment with persons who perform any part of the research or development or study under this contract and in any consultant's agreements or subcontracts involving research or development or study there under.

H.6 OBSERVANCE OF LEGAL HOLIDAYS

The Government hereby provides ―notice‖ and the Contractor hereby acknowledges ―receipt‖ that FEMA Government observe the below listed days as holidays:

New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day

Any other day designated by Federal statute. Any other day designated by Executive Order. Any other day designated by the President’s proclamation.

When such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. It is understood and agreed between the Government and the Contractor that observance of such days by Government Personnel shall not ―on-its-face‖ be the cause of an additional period of performance, or entitlement of compensation except as a holiday. No form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or his/her duly authorized representative.

H.7 NON-PERSONAL SERVICES

A non-personal services contract is defined as ―a contract under which the personnel rendering the services are not subject, either by the Contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.‖

This is a non-personal services contract.

H.8 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES

(a) The effort required to be accomplished will be determined upon Task Order

(b) The contractor shall furnish all personnel required for the performance of the resulting IDIQ and task order(s) at the time of award. FEMA will provide to all appropriate personnel and documents pertaining to the project that are under the control of FEMA subject to the requirements of HSPD-12. The work will occur at various locations throughout the United States and U.S. Territories ad direct by FEMA at the task order level.

H.9 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 it 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 7 under Section J of the contract.

H.10 ORGANIZATIONAL CONFLICT OF INTEREST

The Contractor warrants that, to the best of his/her knowledge and belief, and except as otherwise set forth in this contract, he/she does not have any organizational conflict of interest as defined in the following paragraph.

The term ―organizational conflict of interest‖ means a situation where a Contractor has interests, either due to his/her other activities or his/her relationships with other organizations, which place him/her in a position that may be unsatisfactory or unfavorable (a) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (b) from industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question.

The Contractor agrees that, if after award he/she discovers an organizational conflict of interest with respect to this contract, he/she shall make an immediate and full disclosure in writing to the Contracting Officer that shall include a description of the action that the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government, may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

If the Contractor was aware of organization conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

H.11 DESIGNATION OF PROJECT DIRECTOR

The Contractor shall designate a Project Director (named in Key Personnel Clause) who shall have overall authority sufficient to enable the person to meet all contract requirements, to direct and supervise all persons involved in the effort and to administer and coordinate all resources and phases of the contract.

The Project Director shall maintain close communication with the Contracting Officer’s Representative, monitors, technical experts, and the Contracting Officer, and be available for personal consultation and conferences at their request or at the request of the Contracting Officer.

The Project Director shall be responsible for analyzing the program data so as to be able to report trends and significant program development and, upon the Project Director’s own initiative or upon the request of the Government’s technical staff shall furnish managerial and technical advice on the program and recommend improvements in its conduct.

H.12 INSURANCE

Offeror shall maintain and provide insurance documentation under FAR Clauses 52.228-7, 52.228-8, 52.228-10 and 52.237-7, all incorporated by Reference in this RFP.

PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES

I.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