HSFEEM-09-R-0027.rtf

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 _____________________________ 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 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.

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTR., CONDS., AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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:

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) N/A

HSFEEM-09-R-0027

X 5/13/2009 N/A U.S. Department of Homeland Security FEMA/NETC & Regional Support Section Building D, Room 109 16825 S. Seton Avenue Emmitsburg MD 21727 Building D, Room 109 11:00 a.m. EST June 11,2009 Teresa Dingle, Contract Specialist 301/447-1077 teresa.dingle@dhs.gov X X X X X X X X X X X X X U.S. Department of Homeland Security FEMA/NETC & Regional Support Section Building D, Room 109 16825 S. Seton Avenue Emmitsburg MD 21727 U.S. Department of Homeland Security FEMA Finance Office P.O. Box 800 Berryville VA 22611

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

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

E.4 GOVERNMENT QUALITY ASSURANCE PLAN AND SURVEILLANCE…………………….E-2

E.5 METHODS OF SURVEILLANCE…………………………………………………………………E-2

E.6 PERFORMANCE OF GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS..E-2

F.2 PERIOD OF PERFORMANCE……………………………………………………………………..F-1

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

SECTION G - CONTRACT ADMINISTRATION DATA G-1

G.1 INVOICES………………………………………………………………………………………….G-1

G.2 DESIGNATION OF CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE……….G-2

G.3 TECHNICAL DIRECTION AND SURVEILLANCE……………………………………………..G-2

H.2 PERSONNEL QUALIFICATIONS………………………………………………………………...H-1

H.3 WAGE DETERMINATION………………………………………………………………………..H-3

H.4 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES…………………………….H-3

H.5 NON-PERSONAL SERVICES…………………………………………………………………….H-4

H.6 WELFARE TO WORK…………………………………………………………………………….H-4

H.7 ELECTRONIC AND INFORMATION TECHNOLOGY…………………………………………H-4

H.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES………………………………………….H-5

I.3 APPROVAL OF CONTRACT (DEC 1989)…………………………………………………………I-3

I.8 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)…………………………I-6

I.9 52.222.39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF

UNION DUES OR FEES (DEC 2004)……………………………………………………I-6

I.10 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)…………………………………...I-8

I-11 52.222.42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)…...I-15

I.12 52.222.43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (NOV 2006)…...I-16

I.13 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) I-17

I.14 52.224-2 PRIVACY ACT (APR 1984)…………………………………………………………...I-17

L.3 52.237-1 SITE VISIT………………………………………………………………………………L-1

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006)…………………………………………………..L-1

L.5 PROTESTS…………………………………………………………………………………………L-2

L.6 PROPOSAL PREPARATOIN INSTRUCTIONS………………………………………………….L.2

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

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

M.4 PRICE EVALUATION CRITERIA………………………………………………………………..M-3

M.5 TECHNICAL EVALUATION CRITERIA………………………………………………………...M-3

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SVCS PRICE

0001 5.00 MOS. $___________________ $__________________

NETC Library and Information Support Services - Base Period of 10/1/2009 through 2/28/2010. The Contractor shall furnish all supervision, personnel, facilities, equipment, materials, supplies (except as may be expressly set forth by the Government) and otherwise do all things necessary to, or incidental to performing and providing the services as described in the attached PWS.

0002 12.00 MOS. $___________________ $__________________

NETC Library and Information Support Services - Option Year 1 for 3/1/2010 through 2/28/2011. The Contractor shall furnish all supervision, personnel, facilities, equipment, materials, supplies (except as may be expressly set forth by the government) and otherwise do all things necessary to, or incidental to performing and providing the services as described in the attached PWS.

0002 12.00 MOS. $___________________ $__________________

NETC Library and Information Support Services - Option Year 2 for 3/1/2011 through 2/28/2012. The Contractor shall furnish all supervision, personnel, facilities, equipment, materials, supplies (except as may be expressly set forth by the government) and otherwise do all things necessary to, or incidental to performing and providing the

0004 12.00 MOS. $___________________ $__________________

Services - Option Year 3 for 3/1/2012 through 2/28/2013. The Contractor shall furnish all supervision, personnel, facilities, equipment, materials, supplies (except as may be expressly set forth by the government) and otherwise do all things necessary to, or incidental to performing and providing the

0005 12.00 MOS. $___________________ $__________________

Services - Option Year 4 for 3/1/2013 through 2/28/2014. The Contractor shall furnish all supervision, personnel, facilities, equipment, materials, supplies (except as may be expressly set forth by the government) and otherwise do all things necessary to, or incidental to performing and providing the

GRAND TOTAL --- $

B.2 CONSIDERATION -- FIXED-PRICE

The total fixed price of this contract is $___________.

(a) Total payment(s) shall be made on a monthly basis upon the satisfactory completion and Government acceptance of all requirements under the contract for the month in which the services were rendered.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PERFORMANCE WORK STATEMENT

SECTION D - PACKAGING AND MARKING

D.1 PRESERVATION, PACKING AND PACKAGING—COMMERCIAL

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

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

E.2 INSPECTION AND ACCEPTANCE

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

Inspection: U.S. Department of Homeland Security FEMA/National Emergency Training Center

Acceptance: U.S. Department of Homeland Security FEMA/National Emergency Training Center

For the purpose of this clause, the COTR 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 occur, the Contractor will be notified by a written notice.

E.3 PERFORMANCE EVALUATION

During performance of this contract, the Contractor shall be evaluated by the COTR, or other designated personnel, in accordance with the overall level of compliance with the contract and the demonstrated quality and timeliness of the services provided. The Quality Assurance Surveillance Plan (QASP) lists the performance requirements by Selected Service Performance Areas (SSPA) for which Contractor performance will be measured when performing under this contract. This does not replace the performance requirements stated in Section C. The Contractor's approved Quality Control Plan (QCP) will be incorporated into the contract upon award.

The Government and the Contractor may by mutual agreement adjust the standards and/or identify additional performance elements as may be necessary to ensure that the performance standards for work specified in the contract reflect the requirements.

E.4 GOVERNMENT QUALITY ASSURANCE PLAN AND SURVEILLANCE

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. Government quality assurance will be performed routinely by the COTR; however, other activities may be called upon to support this effort as required. A Quality Control Plan (QCP) shall be provided by the Contractor and incorporated into the contract. The QASP will be used by the Government to evaluate the Contractor's performance over the life of the contract. Through this evaluation, the Contracting Officer Technical Representative (COTR) will identify both positive and negative aspects of the contractor's performance.

This will allow the COTR to communicate to the contractor those aspects that are strengths of their performance and those aspects considered to be deficiencies/weaknesses in their performance and which need to be addressed and corrected. For those tasks listed in the QASP, the COTR or designated quality assurance evaluators will follow the methods of surveillance specified in this contract. The COTR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspections results. Government surveillance of tasks not listed in the QASP may occur during the performance of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Successive months of unsatisfactory performance for any SSPA item may result in other appropriate action(s) by the Contracting Officer in accordance with the Inspection of Services clause, including Termination for Default. Any action taken by the Contracting Officer as a result of surveillance will be in accordance with the terms of this contract.

E.5 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractor's performance. These include, but are not limited to, random sampling of recurring services, periodic surveillance of the Contractor's quality control program, test calls, and validated customer complaints.

E.6 PERFORMANCE OF GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS

In accordance with the Inspection of Services clause of this contract, the Government intends to perform the quality assurance functions listed in the QASP.

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

F.2 PERIOD OF PERFORMANCE

The period of performance for the Base Period of this contract will be from 10/1/2009 through 2/28/2010.

F.3 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at:

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 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 including receipts for all cost reimbursable items.

7. Invoices shall be prepared and submitted as follows:

Number Distribution

Original and 2 copies U.S. Department of Homeland Security FEMA Finance Center P.O. Box 800 Berryville, VA 22611

One copy Teresa Dingle, Contract Specialist U.S. Department of Homeland Security NETC Regional & Support Section 16825 South Seton Avenue, D-109 Emmitsburg, MD 21727

One copy COTR U.S. Department of Homeland Security National Emergency Training Center 16825 South Seton Avenue Emmitsburg, MD 21727

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

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.2 DESIGNATION OF CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

For the purpose of this contract the COTR shall be: TBD

G.3 TECHNICAL DIRECTION AND SURVEILLANCE

Performance of the work under this contract shall be subject to the surveillance and written technical direction of the COTR, 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 COTR, regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COTR 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) Constitutes a change as defined in the contract clause entitled "Changes";

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 in writing by the COTR.

The Contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COTR 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 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's Letter that:

(1) the technical direction is rescinded in its entirety 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.

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.

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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:

Position Description Individual

“TO BE PROPOSED BY OFFEROR”

Key Facilities under this Contract:

NETC LEARNING RESOURCE CENTER/LIBRARY (LRC)

H.2 PERSONNEL QUALIFICATIONS

The contractor shall provide personnel that have the appropriate skill for that trade, profession or position. The degree of skill of the individual(s) shall be commensurate with that required for the work.

All apprentices shall be supervised and have work checked by the applicable lead journeymen in their particular field. This requirement applies to all craft positions.

Project Manager/Librarian

Desired Qualifications

The Project Manager/Librarian should possess a Master of Library Science degree from an accredited institution with at least seven years of supervisory experience managing comparably sized library/information operations. The Project Manager will have experience in and practical working knowledge of library automation, personal computers and their peripherals, Online Computer Library Center (OCLC) and its subsystems, electronic information management and retrieval, and electronic library systems and information resources.

Should demonstrate ability to manage a staff representing a mix of skills and skill levels, to foster teamwork and engage staff in a collective commitment to the goals and objectives of the project.

Should demonstrate ability to develop and manage program/task schedules and assign and monitor requisite staff and other resources to accomplish timely delivery of products and services.

Should demonstrate ability to communicate orally and in writing and to produce clearly stated, accurate, timely reports and other written information products in accordance with accepted standards and formal specifications.

Should demonstrate specific experience using Cuadra STAR Libraries ILS and all its modules (STAR Classic, STAR Client, STAR Web and STAR Thesaurus)

Should possess familiarity with serving the fire service community and familiarity with the organization of knowledge and information within the fire science domain.

Librarians

Desired Qualifications

The librarians should have experience in successfully managing the specific library function assigned i.e. cataloging, ILL, reference.

Should have excellent oral and written communication skills and experience in public speaking.

Should have knowledge of and skill with the functions and principles of integrated library systems and OCLC.

Should have a Master’s degree in library science.

Should have knowledge of and skill with personal computers and their peripherals.

Should have a knowledge of and skill with Internet, and email technologies as well as Microsoft Office and Adobe Professional software.

Should have experience using Star Libraries and its modules. Familiarity with subject areas of Fire Science and/or Emergency Management is desirable. The best qualified candidates will have at least one (1) year of experience in more than one library functional area.

Library Technicians

Desired Qualifications

The library technicians should have proven experience in successfully managing the specific library function assigned i.e. cataloging, serials control, indexing etc.

Should have excellent oral and written communication skills.

Should have knowledge of and skill with the functions and principles of integrated library systems, STAR libraries and its supporting authority files.

Should have a high school diploma.

Should have knowledge of and skill with personal computers and their peripherals, Microsoft Office software, the Internet and email.

Should have an undergraduate degree.

Should have knowledge of the fire service and/or emergency management field.

The best qualified candidates will have at least 1 year of experience in more than one library functional area.

Library Aides

Desired Qualifications

Should have high school diploma

Should have familiarity with personal computers, Microsoft Office software, and email.

H.3 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of the U.S. Department of Labor Wage Determination No. 2005-2103, Revision 7, dated 03/16/2009.

H.4 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES

(a) A portion of the effort required to be accomplished under this contract must be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed.

(b) While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are Government employees or agents of the Government and to property at the site regardless of whether or not title to such property vests with the Government. Contractor personnel whose duties require their presence at a Government facility shall be clearly identifiable by the wearing of a distinctive badge obtained by the Contractor from the government. Prescribed identification for all Contractor personnel shall immediately be delivered to the installation security office for cancellation or disposition upon termination of employment with the Contractor or expiration or termination of contract(s) authorizing such identification.

(c) The Government property to which the Contractor will have access under this clause will be made available during the life of the contract. In the event the property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the contractor thereby, and shall equitably adjust the delivery or performance dates of the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled "Government Furnished Property" clause, FAR 52.245-2.

(d) The facilities to which the Contractor has access will at all times be in the custody of the Government and will not be considered "Government Property" furnished to the Contractor. Government facilities located at the National Emergency Training Center, 16825 South Seton Avenue, Emmitsburg, Maryland, 21727, is provided on a no-charge-for-use basis for performance of the effort required by this contract:

See Appendix C of the PWS

H.5 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.6 WELFARE TO WORK

The U.S. Department of Homeland Security/FEMA is committed to hiring and retaining welfare recipients, including food stamp participants, into its workforce. DHS/FEMA encourages its contractors to contribute to this initiative by actively seeking welfare recipients for entry level, or other appropriate positions to the maximum extent possible. The individuals recruited through this program will have the opportunity to learn marketable skills, develop good work habits, and receive on-the-job training.

H.7 ELECTRONIC AND INFORMATION TECHNOLOGY

The Federal Emergency Management Agency (FEMA) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Pursuant to the Workforce Investment Act of 1998, 29 U.S.C. 794d, FEMA must ensure the accessibility of its programs and activities to all current and potential users, specifically its obligation to acquire and use accessible Electronic and Information Technology (EIT) including web pages, software, telecommunications, kiosks and other information transaction machines, and fax machines, copiers, printers, and other information technology office equipment. To comply with the provisions of this clause, the contractor shall provide EIT that meets the intent of the Workforce Investment Act of 1998 which requires, regardless of medium, --

(i) individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and

(ii) individuals with disabilities who are members of the public seeking information or services from FEMA to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

Furthermore, the contractor shall comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR 1194 and http://www.section508.gov.

H.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All Contractor/Subcontractor employees working under this contract shall be identified by a distinctive name plate, emblem, or patch attached in a prominent place on an outer garment.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

NUMBER TITLE DATE

I.2 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2007)

(a) Definition.

"United States", as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct; and

(ii) Provide a copy of the code to each employee engaged in performance of the contract.

(2) The Contractor shall promote compliance with its code of business ethics and conduct.

(c) Awareness program and internal control system for other than small businesses. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract. The Contractor shall establish within 90 days after contract award, unless the Contracting Officer establishes a longer time period--

(1) An ongoing business ethics and business conduct awareness program; and

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) For example, the Contractor's internal control system should provide for--

(A) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting;

(B) An internal reporting mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports;

(C) Internal and/or external audits, as appropriate; and

(D) Disciplinary action for improper conduct.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

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

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

I.4 52.204-2 SECURITY REQUIREMENTS (AUG 1996)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and (2) any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 53 months.

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the re-representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 519120 assigned to contract number TBD.

[Contractor to sign and date and insert authorized signer's name and title].

I.8 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

I.9 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

(a) Definition. As used in this clause--

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer…