HSFEEM11R0032 USFA NFA PROGRAM SUPPORT 5-27-2011.pdf

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

UNDER DPAS (15 CFR 700)

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

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

9. Sealed offers in original and _______ 3 (See Section L.6)__________ 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 11:00 a.m. 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: Jane Huwig-Leister jane.huwigleister@dhs.gov

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)

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HSFEEM-11-R-0032

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05-27-2011

Department of Homeland Security/FEMA Acquisition Preparedness Branch Building D - Acquisition 16825 South Seton Avenue Emmitsburg MD 21727

06-29-2011

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Department of Homeland Security/FEMA Acquisition Preparedness Branch Building D -- Acquisition 16825 South Seton Avenue Emmitsburg MD 21727

Federal Emergency Management Agency/FCC

P.O. Box 800 Berryville VA 22611

Table of Contents

PART I - THE SCHEDULE ............................................................................................................. A-1 SECTION A - SOLICITATION/CONTRACT FORM ................................................................. A-1

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

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

B.1 SUPPLIES AND/OR SERVICES TO BE FURNISHED ..................................................B-1 B.2 CONSIDERATION – FIXED PRICE ................................................................................B-2

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

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

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

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

F.2 PLACE OF PERFORMANCE ............................................................................................ F-1 F.3 PERIOD OF PERFORMANCE .......................................................................................... F-1 F.4 NOTICE OF DELAY .......................................................................................................... F-1 F.5 REPORTS OF WORK ........................................................................................................ F-2

SECTION G - CONTRACT ADMINISTRATION DATA ........................................................... G-1 G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS ..................................................... G-1 G.2 INVOICES ....................................................................................................................... G-1 G.3 TECHNICAL DIRECTION AND SURVEILLANCE ..................................................... G-2

G.4 HSAR 3052.242-72 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE

(DEC 2003) ........................................................................................................................ G-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS ........................................................ H-1 H.1 REPRODUCTION OF REPORTS (APR 1984) ............................................................... H-1 H.2 WAGE DETERMINATION ............................................................................................. H-1 H.3 WELFARE TO WORK ..................................................................................................... H-1 H.4 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES ............................ H-1 H.5 "NONDISPLACEMENT OF QUALIFIED WORKERS [Executive Order 13495, JAN

2009] .................................................................................................................................. H-2

H.6 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONSH-3

H.7 PUBLICATION ................................................................................................................. H-5

H.8 PARTICIPATION IN NETC CAMPUS COMMITTEES AND GROUPS ................. H-7

H.9 TYPE OF SERVICE .......................................................................................................... H-7 H.10 CITIZENSHIP ................................................................................................................. H-8 H.11 EMPLOYEE RELATIONSHIP ...................................................................................... H-8 H.12 INAPPLICABILITY OF EMPLOYEE BENEFITS ....................................................... H-8 H.13 CUSTOMER SERVICE .................................................................................................. H-8 H.14 WAIVER OF DELIVERY SCHEDULE ........................................................................ H-9 H.15 INTERRUPTION OF SERVICE..................................................................................... H-9 H.16 DISSEMINATION OF INFORMATION ....................................................................... H-9 H.17 RELEASE OF REPORTS ............................................................................................... H-9 H.18 RELEASE OF NEWS INFORMATION ...................................................................... H-10 H.19 SUBMITTAL DATA ON PERSONNEL...................................................................... H-10 H.20 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) ..................... H-10

H.21 IDENTIFICATION OF CONTRACTOR EMPLOYEES WORKING IN GOVERNMENT

SPACES IN E-MAIL AND OTHER FORMS OF ORAL AND WRITTEN

COMMUNICATIONS (DEC 2008) ................................................................................ H-11

H.22 ALL ITEMS TO BECOME PROPERTY OF THE GOVERNMENT ......................... H-11 H.23 TRAVEL ........................................................................................................................ H-11 H.24 ELECTRONIC AND INFORMATION TECHNOLOGY............................................ H-12

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

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

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

RESPONSIBILITY MATTERS (JAN 2011) ...................................................................... I-3 I.3 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) ........................ I-3 I.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) ............................................ I-4

I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ....... I-4

I.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(APR 2009) .......................................................................................................................... I-4 I.7 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) ...................... I-6

I.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010) ........................................................................... I-6 I.9 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) ....................................... I-7

I.10 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

1989) .................................................................................................................................. I-13

I.11 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -

PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)I-13

I.12 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) .................... I-14 I.13 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987) ................. I-17 I.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ................... I-17

I.15 HSAR 3052.204-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (JUN 2006) ....................................... I-17

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

(JUN 2006)......................................................................................................................... I-18

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

EXPATRIATES (JUN 2006) ............................................................................................. I-20

I.18 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS...................... I-22

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

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

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

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

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011) .... K-1

K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011) . K-4

K.3 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009) ........................................ K-5

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

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCEL-1

L.2 52.216-1 TYPE OF CONTRACT (APR 1984) .............................................................. L-1 L.3 52.233-2 SERVICE OF PROTEST (SEP 2006) ............................................................ L-1

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

1998) ................................................................................................................................... L-2 L.5 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS ........................... L-2 L.6 PROPOSAL PREPARATION INSTRUCTIONS .............................................................. L-5

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

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

............................................................................................................................................ M-1 M.2 EVALUATION -- GENERAL ......................................................................................... M-1 M.3 EVALUATION AND AWARD ....................................................................................... M-2 M.4 COST/PRICE EVALUATION CRITERIA ...................................................................... M-3 M.5 TECHNICAL EVALUATION CRITERIA ...................................................................... M-3

HSFEEM-11-R-0032 Section B

B-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE FURNISHED

The Contractor shall provide all labor, materials, and facilities, (except as may be expressly set forth in this contract as furnished by the Government) necessary to furnish the items below in accordance with the Performance Work Statement/Statement of Work in Section C.

CLIN Description Unit Price Amount Total .

0001 USFA/NFA Program Support 12/months $_____________ $______________ (Base Period: 10/1/2011 - 09/30/2011)

1001 USFA/NFA Program Support 12/months $____________ $______________ (Option Period 1: 10/1/2011 - 09/30/2012)

2001 USFA/NFA Program Support 12/months $____________ $______________ (Option Period 2: 10/1/2012 - 09/30/2013)

3001 USFA/NFA Program Support 12/months $_____________ $______________ (Option Period 3: 10/1/2013 - 09/30/2014)

4001 USFA/NFA Program Support 12/months $_____________ $______________ (Option Period 4: 10/1/2014 - 09/30/2015)

TOTAL CONTRACT VALUE (BASE AND ALL OPTIONS) $_________________

HSFEEM-11-R-0032 Section B

B-2

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 satisfactory completion and Government acceptance of all requirements under the contract.

HSFEEM-11-R-0032 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PERFORMANCE WORK STATEMENT

The Performance Work Statement is attached and listed in Section J of Part III.

HSFEEM-11-R-0032 Section D

D-1

SECTION D - PACKAGING AND MARKING

[For this contract, there are no clauses in this Section.]

HSFEEM-11-R-0032 Section E

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

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

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative using DHS Form 700-21, Material Inspection & Receiving Report at the following location:

Inspection: Department of Homeland Security/FEMA National Emergency Training Center 16825 South Seton Avenue Emmitsburg, MD 21727

Acceptance: Same as above

For the purpose of this clause, the Contracting Officers Technical Representative (COTR) named in the Identification of Government Officials clause is this contract in 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 the performance of this contract, the Contractor shall be evaluated by the COTR, or other designate 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 Performance Objectives for which Contractor performance will be measured when performing under this contract. This does not replace the performance requirements stated in Section C. The contractors approved Quality Control Plan (QCP) and Quality Assurance Surveillance Plan (QASP) 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

HSFEEM-11-R-0032 Section E

E-2 elements as may be necessary to ensure 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 his effort as required. A Quality Assurance Surveillance Plan (QASP) shall be submitted by the contractor for approval and acceptance by the Government.

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 the contract. The COTR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspection 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. Unsatisfactory performance for any Performance Standard/Acceptable Quality Level (AQL) 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.

HSFEEM-11-R-0032 Section F

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PLACE OF PERFORMANCE

Department of Homeland Security/FEMA National Emergency Training Center 16825 South Seton Avenue

F.3 PERIOD OF PERFORMANCE

Base Period: October 1, 2011 through September 30, 2012 Option Period 1: October 1, 2012 through September 30, 2013 Option Period 2: October 1, 2013 through September 30, 2014 Option Period 3: October 1, 2014 through September 30, 2015 Option Period 4: October 1, 2015 through September 30, 2016

The period of performance of this contract shall be from October 1, 2011 through September 30, 2012, for the base period, plus four (4) each, 12 month Option Periods.

F.4 NOTICE OF DELAY

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

HSFEEM-11-R-0032 Section F

F-2

F.5 REPORTS OF WORK

MONTHLY PROGRESS REPORTS

The Contractor shall submit separate monthly progress reports of all work accomplished during each month of contract performance. Reports shall be in narrative form and brief and informal in content. Monthly reports shall be submitted in one copy. The report is to be prepared on a calendar month basis and submitted by the 15th day of the following month.

Monthly reports shall include--

(1) A quantitative description of overall time spent performing each task listed in the performance work statement.

(2) A description of any current problems which may impede performance, and proposed corrective action.

SUBMISSION

The quantities of reports specified in the above paragraphs shall be submitted to the Contracting Officer's Technical Representative (COTR). In addition, one copy shall be submitted to the Contract Specialist at:

Department of Homeland Security/FEMA OCPO/Acquisition Operations Division Preparedness Branch/NETC 16825 S. Seton Avenue

HSFEEM-11-R-0032 Section G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Kimberly A. Logue or designee Phone: 301.447.1266 Fax: 301.447.1092

Contracting Officer's Technical Representative:

Name: TBD Phone:

Fax:

G.2 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:

G-2

Number of Copies Distributed as follows:

Original and 2 copies - Payment Office–See Block 25 email: FEMA-Finance-Vendor-Payments@fema.gov

One Copy Contract Specialist (Jane Huwig-Leister; email: jane.huwigleister@dhs.gov)

One Copy Contracting Officer's Technical Representative (TBD )

8. Payments of invoices or vouchers shall be subject to the withholding provisions (if any) of the contract. In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.

9. Invoices or vouchers for payment of costs and fee(s), if any, shall include the total cumulative cost for the period being invoiced. Each invoice or voucher for reimbursement shall include sufficient detail to identify amounts properly chargeable to the contract.

10. Signature of authorized representative of the firm with the following invoice certification:

“The undersigned hereby certifies to the best of my knowledge and belief that the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, will be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirement of this contract.”

By

Title

Date

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

The information contained in the Central Contractor Registration (CCR) database will be used for payment purposes.

If at any time during the term of this contract, the vendor’s EFT information changes, (i.e. financial agent, RTN, account number, etc.) the vendor must edit their CCR information to reflect these changes.

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 Contracting Officer's Technical Representative (COTR), 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, G-3 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";

(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 in writing by the COTR.

(d) 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

(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 Project Officer whom the Contracting Officer shall appoint shall be at the Contractor's risk.

G.4 HSAR 3052.242-72 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (DEC

2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officers Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five (5) working days after contract award or

G-4 for construction, not less than five (5) working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

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

HSFEEM-11-R-0032 Section H

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 REPRODUCTION OF REPORTS (APR 1984)

Reproduction of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages 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 reproducibles (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written material.

H.2 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Number 2005-2103, Revision 10, dated June 15, 2010, which is contained as Attachment B to this contract.

H.3 WELFARE TO WORK

The 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.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

H-2 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 entire contract period. 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 , 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 "Changes."

(d) The property 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. The Government Property shown in Attachment C to this contract, located at the National Emergency Training Center, 16825 South Seton Avenue, Emmitsburg, MD 21727 is provided on a no-charge, for-use basis for performance of the effort required by this contract.

H.5 "NONDISPLACEMENT OF QUALIFIED WORKERS [Executive Order 13495, JAN 2009]

"(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days. "(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C.

357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job. "(c) In accordance with Federal Acquisition Regulation 52.222-41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives. "(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the

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Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law. "(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance:

provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States."

H.6 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS

WITH DISABILITIES (JAN 1989)

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.

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(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.

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(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.7 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.

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(c) Reports furnished the Government. All intermediate and final reports of the research and development and studies conducted…