Revised 2-22-12 HSFEEM-12-R-0004.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 _____________________________ 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)

1 59 N/A

HSFEEM-12-R-0004

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

Item 7 1:00 pm 02-29-2012

Gary P. Topper 301-447-7280

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

FEMA Finance Center

P.O. Box 9001 Winchester VA 22604

Gary P. Topper

Contracting Officer

HSFEEM-12-R-0004 Section B

Table of Contents

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

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

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

PART I - THE SCHEDULE ............................................................................................................................ B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ............................................................... B-1

B.1 PRICE/COST SCHEDULE ................................................................................................................ B-1

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

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

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

E.1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984) ............................... E-1 E.2 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999) ............... E-1

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

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

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

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

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

H.1 SUBCONTRACTING PLAN ......................................................................................................... H-1

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) .......................................................... I-3 I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ..................... I-4

I.5 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JULY 2005) ALTERNATE II (OCT

2001)(DEVIATION) ........................................................................................................................ I-4

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

2009) ............................................................................................................................................... I-10 I.7 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) .................................. I-11

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

RELATIONS ACT (DEC 2010) .................................................................................................... I-11

I.9 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) . I-12

I.10 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (MAY 2008) ................................................................................... I-13 I.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ................................. I-14

I.12 HSAR 3052.204-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (JUN 2006) ................................................................................. I-14

I.13 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006) ALTERNATE I (JUN

2006) ............................................................................................................................................... I-15

HSFEEM-12-R-0004 Section B

I.14 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006) ................................................................................................................................ ….I-16

I.15 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) ...................................... I-18

I.16 HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC

2003) ............................................................................................................................................... I-18 I.17 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ................................... I-19

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-2

K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007) ..................................... K-2

K.2 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) K-2

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011) ................ K-2 K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011) ............... K-5 K.5 52.215-6 PLACE OF PERFORMANCE (OCT 1997) .................................................................. K-6 K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011) ....................... K-6 K.7 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999) ............................ K-9

K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) .………K-10

K.9 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) ....................................... K-10

K.10 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING

REQUIREMENTS (SEP 2010) .................................................................................................... K-10 K.11 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008) ................................. K-10

K.12 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY

INSTITUTION REPRESENTATION (OCT 2008) ..................................................................... K-10

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

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

L.2 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) ....................................... L-1 L.3 52.216-1 TYPE OF CONTRACT (APR 1984) ............................................................................ L-1 L.4 52.233-2 SERVICE OF PROTEST (SEP 2006) .......................................................................... L-1 L.5 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009) .................................... L-2

L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) L-2

L.7 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS ......................................... L-2

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

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

B-3

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SVCS PRICE

0001 2.00 week___________________ ____________________ Phase-in Comprehensive Armed Security Guard Services, as identified in the statement of work.

Period of performance: 05/01/2012 through 05/14/2012

1001 11.50 Mo___________________ ____________________ Base Year Comprehensive Armed Security Guard

Period of performance: 05/15/2012 through 04/30/2013

2001 12.00 Mo___________________ ____________________ Option Year I Comprehensive Armed Security Guard

Period of performance: 05/01/2013 through 04/30/2014

3001 12.00 Mo___________________ ____________________ Option Year II Comprehensive Armed Security Guard

Period of performance: 05/01/2014 through 04/30/2015

4001 12.00 Mo___________________ ____________________ Option Year III Comprehensive Armed Security Guard

Period of performance: 05/01/2015 through 04/30/2016

5001 12.00 Mo___________________ ____________________ Option Year IV Comprehensive Armed Security Guard Services, as identified in the statement of work.

Period of performance: 05/01/2016 through 04/30/2017

GRAND TOTAL ---

HSFEEM-12-R-0004 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

HSFEEM-12-R-0004 Section D

D-1

SECTION D - PACKAGING AND MARKING

Preservation, packing, and packaging for shipment of all items ordered hereunder shall be in accordance with commercial practice and adequate to insure both acceptance by common carrier and safe transportation at the most economical rate(s).

HSFEEM-12-R-0004 Section E

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

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

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG 1996

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: DHS/FEMA Center for Domestic Preparedness 61 Responder Drive Anniston, AL 36205

Acceptance: Same address as above

For the purpose of this clause, the Contracting Officer's Technical Representative (COTR) named in the Designation of COTR 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 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below.

Title Number Date

ISO 9000 2000

(Reference locations for ISO Standards are: The American Society for Quality (ASQ) at www.aq.org or www.iso.org)) http://www.aq.org/� http://www.iso.org)/�

HSFEEM-12-R-0004 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

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

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB 1999

F.2 PERIOD OF PERFORMANCE

All work and services required here under shall be completed on or before 12 months after the effective date of the contract. If the Government exercises all options the total period of performance shall not exceed 60 months (Ref. FAR 52.217-9). However, the total period of performance may be extended for a cumulative period not to exceed six months under the Option to Extend Services clause (Ref. FAR 52.217-8).

Phase-in Period: 2 weeks from effective date Base Period: 11 Months, plus balance of the first month following phase-in period

Anticipated effective date is May 1, 2012.

F.3 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at:

Center for Domestic Preparedness 61 Responder Drive Anniston, AL 36205

F.4 HSAR 3052.245-70 GOVERNMENT PROPERTY REPORTS (JUN 2006)

(a) The Contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors.

(b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar year on DHS Form

0700-5, Contractor Report of Government Property.

F.5 REPORTS

The Contractor shall submit reports as specified in schedule of Deliverables, paragraph F.6, and Section C.4.24 of the SOW.

F.6 BUSINESS LICENSE

The Contractor shall be licensed in the State of Alabama and shall submit proof of license with proposal submission.

HSFEEM-12-R-0004 Section F

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F.7 SCHEDULE OF DELIVERABLES

The following is a schedule of deliverables required during the performance of this contract.

Reference Title Submission Due Date Deliver to:

C.4.2 Quality Control Plan Submit with proposal Contracting Officer C.4.2 Quality Control Upgrades When requested Contracting Officer C4.4.2 Drug Awareness Training Semi-Annually Contracting Officer C.4.8.2.2 Current Resumes of all

Management and other key personnel

Prior to assignment to contract Contracting Officer

C.4.12.2 Safety Program Within 30 days after contract award

Contracting Officer

C.4.12.10 Accident Reports Within 24 hours of occurrence Contracting Officer C.4.16 Report of LDD Government

Property Within 24 hours of occurrence Contracting Officer

C.4.18.2 Lock & Key Control Plan Within 30 calendar days after contract award

Contracting Officer

C.4.22 Emergency Response Plan

(ERP)

Within 30 calendar days after contract award

Contracting Officer

C.4.23 Energy Conservation Plan Within 30 calendar days after contract award

Contracting Officer

C.4.24.1 Corrective Action Report

(CAR)

Within 5 days after issuance by

QAE

Quality Assurance Evaluator

(QAE)

C.4.24.2 Monthly Technical Progress Report

10th day of the month QAE

C.5.7.6.1 Monthly Work Schedule Submit by the last business day of previous month

Contracting Officer

C.5.7.7 Corporate Contract Manager Name and Contact Information

Within 7 working days after notice of contract award

Contracting Officer

C.5.7.8 On-site Project Manager Name and Contact Information

Designated in writing within 7 working days after notice of contract award

Contracting Officer

C.5.8.2.3 Firearm Permits and Licenses (Temporary or Permanent)

5 working days prior to contract start-up and updates as applicable

COTR

C.5.8.2.4 Transfer or new security guard license resulting from change in employer

5 working days prior to contract start-up and updates as applicable

COTR

C.5.9.4.2 Standard Form 78 Certificate of Medical Examination

Prior to the employees’ assignment to duty

COTR

C.5.9.5.1 2 completed –FD- 258 Fingerprint cards

Within 5 calendar days before contract start date

COTR

C.5.9.12 Contractor’s Plan for Training Employees

Within 10 days after receipt of award notice and annually thereafter

Contracting Officer/COTR

C.5.9.13 Report of Scheduled Training Within 10 days after receipt of award notice and updated as required

Contracting Officer

F.4 Contractor Report of Government Property

September 15th each year Contracting Officer

F.6 Business License Submit with proposal Contracting Officer

HSFEEM-12-R-0004 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: Gary P. Topper

Phone: 301-447-7280

Administrative Contract Specialist:

Name: Stephen Gibson

Phone: 301-447-7961

Contracting Officer's Technical Representative:

Name: TBD

Phone: TBD

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).

HSFEEM-12-R-0004 Section G

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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 to the following addresses:

Original and 2 copies of invoice should be sent to:

Department of Homeland Security Federal Emergency Management Agency Center for Domestic Preparedness Attn: Vendor Payments (James Andruszewski) P.O. Box 5100 61 Responder Drive Anniston, AL 36205-0100

Another copy of invoice should be sent to:

Department of Homeland Security Federal Emergency Management Agency FEMA Finance Center Building 708 P.O. Box 800 Berryville, VA 22611

In addition to the hardcopy invoices mailed to the addresses above, contractors may also submit a copy electronically to the following address:

FEMA-Finance-Vendor-Payments@fema.gov

AND

james.andruszewski@fema.dhs.gov

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. The contractor should include the EFT information set forth below on initial invoice 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.

mailto:FEMA-Finance-Vendor-Payments@fema.gov� mailto:james.andruszewski@fema.dhs.gov�

HSFEEM-12-R-0004 Section H

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACTING PLAN

The successful offeror or offerors, if more than one contract is awarded under this solicitation, will be required to submit a subcontracting plan. The subcontracting plan submitted will include the goals set forth below for each socio-economic grouping listed. The goals will be applied to the total value of each year of performance. For example, if the total value of the contract for each year is $1 million and the total period of performance is a base year and four one-year options, the subcontracting goal for all small businesses for the base year and every option year is $400,000 for a total of $2 million over the life of the contract. Each subcontracting plan submitted will be reviewed to determine whether the successful offeror or offerors have submitted an acceptable subcontracting plan. See Section L for additional instructions on the submission of the subcontracting plan.

Category Subcontracting Goal

All Small Businesses 32% Small Disadvantaged Businesses (non(8a) firms) 3% 8(a) Small Disadvantaged Businesses 3% Woman-owned Small Businesses 5% Service-Disabled Veteran-Owned Small Businesses 3% Historically Underutilized Empowerment Zone 3% Small Businesses

H.2 CONTRACTOR UTILIZATION OF GOVENMENT FACILITIES

(a) 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 Property" clause, FAR 52.245-1A.

(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 Center for Domestic Preparedness, 61 Responder Drive, Anniston, Alabama 36205, are provided on a no-charge-for-use basis for performance of the effort required by this contract.

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H.3 IDENTIFICATION OF CONTRACTOR EMPLOYEES WORKING IN GOVERNMENT SPACES IN

E-MAIL AND OTHER FORMS OR ORAL AND WRITTEN COMMUNICATIONS (DEC 2008)

Contractor personnel performing under the terms of this contract shall identify themselves as a Contractor in all communications, oral or written, while performing services under this contract. At no time shall the Contractor personnel assigned to this contract represent themselves as a FEMA employee or an official representative of FEMA. Additionally, reference to or use of the Contractor personnel’s affiliation with FEMA for reasons not associated with specific performance under this contract is strictly prohibited. Contractor personnel shall not include DHS/FEMA logos, emblems, project/program nomenclature, or contact information on their business cards; rather, the employee’s corporate business cards shall be used. The following is the required signature block template to be used by Contractor personnel assigned a FEMA e-mail account:

Employee Name Employee Company, Employee Title Contractor Support to [Name of FEMA Office or Program] Phone Number E-mail address

H.4 TECHNICAL DIRECTION AND SURVEILLANCE

(a) 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 (SOW);

(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 price, 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

H-3

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

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 Federal Emergency Agency is committed to hiring and retaining welfare recipients, including food stamp participants, into its workforce. 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 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination 2005-2001 Revision 10 dated 06/13/2011, as set forth in Section J, Attachment B.

H-4

H.9 PERMITS

The Contractor shall, without additional expense to the Government, obtain all appointments, licenses, and permits required for the performance of work. The Contractor shall comply with all applicable federal, state and local laws. Evidence of such permits and licenses shall be provided as stated in the SOW and F.7 Schedule of Deliverables.

All armed guards employed under this contract are required to abide by the licensing requirements of the Code of Alabama, Section 34, Chapter 27C. These requirements are available on-line by referencing the aforementioned Code provisions at: http://alisondb.legislature.state.al.us/acas/ACASLoginie.asp.

H.10 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 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 http://alisondb.legislature.state.al.us/acas/ACASLoginie.asp�

H-5 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."

HSFEEM-12-R-0004 Section I

I-1

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO SEP 2006

THE GOVERNMENT

52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997

IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND APR 2010

CONDUCT

52.204-2 SECURITY REQUIREMENTS AUG 1996

52.204-4 PRINTED OR COPIED DOUBLE-SIDED MAY 2011

ON RECYCLED PAPER

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONNEL

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST DEC 2010

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.210-1 MARKET RESEARCH APR 2011

52.215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997

FORMAT

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED AUG 2011

COST OR PRICING DATA

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED AUG 2011

COST OR PRICING DATA--MODIFICATIONS

52.215-12 SUBCONTRACTOR CERTIFIED COST OR OCT 2010

PRICING DATA

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING OCT 2010

DATA--MODIFICATIONS

52.215-14 INTEGRITY OF UNIT PRICES OCT 2010

I-2

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR OCT 2010

PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA--

MODIFICATIONS

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 2011

FOR HUBZONE SMALL BUSINESS CONCERNS

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2011

52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN JAN 1999

52.219-25 SMALL DISADVANTAGED BUSINESS DEC 2010

PARTICIPATION PROGRAM--DISADVANTAGED

STATUS AND REPORTING

52.222-3 CONVICT LABOR JUN 2003

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH OCT 2010

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010

52.222-41 SERVICE CONTRACT ACT OF 1965 NOV 2007

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW MAY 2011

INFORMATION

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-17 AFFIRMATIVE PROCUREMENT OF MAY 2008

EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

52.223-18 ENCOURAGING CONTRACTOR POLICIES AUG 2011

TO BAN TEXT MESSAGING WHILE DRIVING

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.225-1 BUY AMERICAN ACT--SUPPLIES FEB 2009

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT DEC 2007

AND COPYRIGHT INFRINGEMENT

52.227-14 RIGHTS IN DATA--GENERAL DEC 2007

52.228-5 INSURANCE--WORK ON A GOVERNMENT JAN 1997

INSTALLATION

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-11 EXTRAS APR 1984

52.232-17 INTEREST OCT 2010

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-25 PROMPT PAYMENT OCT 2008

52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL OCT 2003

CONTRACTOR REGISTRATION

52.233-1 DISPUTES JUL 2002

ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.236-13 ACCIDENT PREVENTION NOV 1991

I-3

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, APR 1984

EQUIPMENT, AND VEGETATION

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES--FIXED PRICE AUG 1987

ALTERNATE I (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.245-1 GOVERNMENT PROPERTY AUG 2010

52.245-1 GOVERNMENT PROPERTY AUG 2010

ALTERNATE I (AUG 2010)

52.245-9 USE AND CHARGES AUG 2010

52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997

52.248-1 VALUE ENGINEERING OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE OF THE MAY 2004

GOVERNMENT (FIXED-PRICE)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

HSAR 3052.219-70 SMALL BUSINESS SUBCONTRACTING PLAN JUN 2006

REPORTING

HSAR 3052.228-70 INSURANCE DEC 2003

HSAR 3052.247-72 F.O.B. DESTINATION ONLY DEC 2003

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

MATTERS (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years.

Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

I.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract expiration.

I-4

I.4 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 five (5) years.

I.5 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JULY 2005) ALTERNATE II (OCT

2001)(DEVIATION)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause-

"Commercial item" means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

"Commercial plan" means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

"Individual contract plan" means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

"Master plan" means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

"Subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

"Direct Subcontract Award" means a subcontract award that is identified with the performance of one or more specific Government contracts.

"Indirect Subcontract Award" means a subcontract award which, because of incurrence for common or joint purposes, is not identified with one or more specific Government contracts. Such subcontract awards are related to Government contract performance but remain for allocation after direct subcontract awards have been determined and identified to specific Government contracts.

(c) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract.