HSFEHQ-09-R-0009 FEMA VTC Support.pdf
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HSFEHQ-09-R-0009 FEMA VTC Support RFP
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PAGE 1 OF44
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NUMBER
5. SOLICITATION NO.
HSFEHQ-09-R-0009
6. SOLICITATION ISSUE DATE
5 December 2008
7. FOR SOLICITATION
INFORMATION CALL
a. NAME Margaret Tse, Contract Specialist
b. TELEPHONE NO. (No collect calls)
202-646-2499
8. OFFER DUE DATE/LOCAL TIME
15 January 2009 / 2:00 pm EST
9. ISSUED BY CODE 10. THIS ACQUISITION IS
FEMA IT Support Section (OAM-IT) 500 C Street, SW, PP 5th Floor Washington DC 20472
UNRESTRICTED OR
NAICS: 561499
SIZE STD: $6.5 million
SET ASIDE: __100__% FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED SMALL
BUSINESS
EMERGING SMALL
BUSINESS
8(A)
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
18a. PAYMENT WILL BE MADE BY CODE
DUNS:
TIN:
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS
BLOCK BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See the Schedule below for details.
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL
ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. _____________ OFFER DATED
_________________. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET
FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
PART I – THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICE
B.1 Requirements Video Teleconferencing Schedule of Commodities – Services
B.1.1 Sample Project Pricing Base Period (Task Order 1)
Line Item Number
Item Description Unit of Measure Total Price
0001 SOW Task 1.0 Deliverables LOT $ _________ 0002 SOW Task 2.0 Deliverables LOT $ _________
0003 SOW Task 3.0 Deliverables LOT $ _________ 0004 SOW Task 4.0 Deliverables LOT $ _________ 0005 SOW Task 5.0 Deliverables LOT $ _________
Total $ _________
For the information of offerors and contractors, a realistic estimated total quantity for this solicitation and resulting contract is $30 million. This estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.
B.1.2 Optional Maintenance Service Base Period Line Item Number
Item Description Unit of Measure Total Price
0006 Optional Maintenance Service Base Period (one year) LOT $ _________
B.1.3 Optional Maintenance Service Option Period 1 Line Item Number
Item Description Unit of Measure Total Price
1006 Optional Maintenance Service Option Period 1 (one year) LOT $ _________
B.1.4 Optional Maintenance Service Option Period 2
Number
Item Description Unit of Measure Total Price
2006 Optional Maintenance Service Option Period 2 (one year) LOT $ _________
B.1.5 Optional Maintenance Service Option Period 3
Number
Item Description Unit of Measure Total Price
3006 Optional Maintenance Service Option Period 3 (one year) LOT $ _________
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 STATEMENT OF WORK
Statement of Work for Enterprise Audio, Visual, and Video Teleconference System Support for the Federal
Emergency Management Agency October 29, 2008
I. Chief Information Officer Mission
The primary mission of the Federal Emergency Management Agency (FEMA) is to reduce the loss of life and property and provide assistance to the Nation’s citizens impacted by natural disasters, acts of terrorism, and other man-made disasters. The CIO supports the FEMA mission by providing leadership and management of all forms of video teleconferencing support for the desktop and FEMA staff deployed in emergencies. The CIO is responsible for managing all video teleconferencing contracts used by FEMA to provide support through contractor services. The purpose of this initiative is to provide contractor video teleconferencing support for FEMA for disasters and non-disasters.
II. Background
The Department of Homeland Security (DHS) FEMA audio, visual, and video teleconferencing systems and capabilities must continuously be evaluated and enhanced to provide the best support to FEMA’s mission-critical activities during natural disasters, manmade disasters and other contingency operations. FEMA manages and supports several operational centers, such as the National Response Coordination Center (NRCC), Regional Response Coordination Centers (RRCC), and the National Hurricane Center (NHC) that use high-end audio, visual, and video teleconferencing equipment and services. These operational centers facilitate domestic incident management and rely on regularly scheduled briefings, video teleconferences (VTCs), audio teleconferences (ATCs), and various audio/video informational feeds as a primary means of information sharing and operational coordination during disaster operations.
III. Applicable Documents
The Federal Emergency Management Agency (FEMA) under the authority of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5174, and Title 44 of the Code Federal Regulations (CFR) prepares for and responds to both natural and manmade disasters. To support these efforts, the government often is required to produce and distribute broadcast studio quality video satellite images and computer graphics to the disaster response community and to conduct large-scale video and audio teleconferences. Providing this support to Federal responders as well as local and state responders is a critical mission for FEMA.
IV. Scope
The scope of this requirement is to provide audio, visual, and video teleconferencing system engineering design, development, implementation, integration, and maintenance support to the FEMA Enterprise. FEMA intends to award a contract to assist the government on multiple audio, visual, and video teleconference projects. Each project will be awarded on a task order basis, with each project containing multiple sub-task orders Project sub-task orders will be issued based on successful completion of “predecessor” sub-tasks. Project task orders may be issued concurrently. The contractor must possess the ability to provide the required support services to multiple concurrent projects.
The required support services include: performing assessments of current in-place systems and proposed new systems, developing engineering design proposals, implementing new hardware and software, integrating new or upgraded systems into the FEMA Enterprise, and providing maintenance and technical support services.
V. Enterprise Tasks
The following describes, in general terms, the type of tasks to be performed under this contract.
Task 1.0 Project Management
1.1 Program Management Tasks. The Contractor shall provide the planning, direction, coordination, and control necessary to accomplish all work requirements contained in this SOW.
1.2 Program Management Planning. The Contractor shall develop the course of actions and schedules necessary to carry out tasks set forth in this SOW. In addition, the Contractor shall include mechanisms, for reporting to the Government, that provide the level of visibility necessary for continuous program management.
1.3 Progress and Cost Reporting. The Contractor shall monitor and evaluate the program activities and report to the Government the technical and financial program status on a bi-weekly basis. The Contractor shall include a list of Contractor staff that worked on each project during the reporting period and the estimated technical staff hours expended down to the two-digit SOW paragraph level.
Task 2.0 Requirements Gathering, Analysis, and Documentation
2.1 Requirements Gathering. Contractor shall conduct on-site and telephonic interviews to gather complete functional requirements.
2.2 Site Survey. Contractor shall contact site surveys as required to gather information regarding current architecture, system functionality, and status.
2.3 Requirements Analysis and Documentation. Contractor shall analyze requirements and publish pertinent documents such as Draft Requirements Reports, Site Survey Reports, and Final Requirements Reports.
Task 3.0 Design Proposals
3.1 Design Proposal Development. At a minimum, the Design Proposal will include:
3.1.1 - Proposed Architecture: The Contractor shall prepare and submit a detailed narrative description of the proposed system upgrade design and all associated drawings (equipment layout, floor plans, equipment mounting arrangements, proposed construction details, interconnection diagrams, system schematics, electrical power diagrams, etc.). The document shall also include a “Requirements vs. Solution Matrix” that provides detailed description and supporting analysis on how the proposed design meets the requirements contained in the Final Requirements Report.
3.1.2 - List of required new hardware and software: The Contractor shall prepare and submit a list of new hardware and software that will be required in the proposed architecture. The hardware list shall include manufacturers’ names, make, model, description, specifications, and quantities. The software list shall include manufacturers’ names, version, description, specifications, quantities, associated hardware requirements, and licensing information.
3.1.3 - List of existing equipment to be decommissioned: The Contractor shall prepare and submit a list of existing equipment to be decommissioned. The list shall include manufacturers’ names, make, model, serial number, description, and current disposition.
3.1.4 - Project Implementation Plan: The Contractor shall prepare and submit a detailed Project
Implementation Plan. The Project Implementation Plan shall include:
1. A complete project schedule indicating the sequence and anticipated dates of acquisition of major equipment and installation milestones. Include any shop assembly, on-site assembly, on-site cable installation, site visits, on-site equipment installation, system acceptance testing, system training as well as other important activities and milestones. Indicate the sequence of installation and completion by system or sub-system, as applicable.
2. A complete project team list. Include names and all contact information (email address, cell phone, etc.)
for the Contractor’s Project Manager, Lead Engineer, Lead Installer, and any other pertinent team members.
Include names and contact information for all sub-contractors.
3. Audio, Video, Control, Programming Design Drawings and Specifications.
4. Electrical/Infrastructure Design Drawings and Specifications to support the AV System.
5. Lighting Design Drawings and Specifications to support the AV System.
6. HVAC Design Drawings and Specifications to support the AV System.
7. Any or all other sub-system Design Drawings and Specifications required to support the AV System deemed necessary at the individual site survey and site conditions.
8. All Audio, Video, Control equipment, materials, cables and labor to provide a complete and working
Audio, Video, and Control system.
9. All Electrical/Infrastructure materials and labor to provide a complete and working Electrical/Infrastructure system to support the Audio, Video, and Control system.
10. All Lighting fixtures and materials and labor to provide a complete and working Lighting system to support the Audio, Video, and Control system.
11. All HVAC ductwork, air handlers, equipment and materials and labor to provide a complete and working HVAC system to support Audio, Video, and Control system.
3.1.5 - System Acceptance Test Plan: The Contractor shall prepare and submit a detailed System Acceptance Test Plan (ATP) that includes test setup and procedures. The ATP shall contain the information on the following:
1. Inspection – Workmanship, equipment placement, cable routing, and strain relief.
2. Measurement – System testing if point-to-point audio, video, and control signal paths, including audio gain structure and video signal setup.
3. Demonstration – Operation of control system on a device-by-device application to ensure that conditions satisfy the functional and performance requirements.
3.1.6 - Training Plan: The Contractor shall prepare and submit a detailed Training Plan that will furnish the Government’s representatives with the training to properly operate the system. The Training Plan shall include recommended training method, training time (in hours), and content.
3.1.7 - Cost Proposal: The Contractor shall prepare and submit a detailed Cost Proposal for Task 3.1 and associated sub-tasks 3.1.1 – 3.1.6.
Task 4.0 Implementation and Integration
4.1 Installation: The Contractor shall furnish, deliver, install and connect completely all of the hardware, software described in the FEMA approved Design Proposal, and will supply all other incidental material and appliances, tools, transportation required to make the implementation complete and fully functional. In conjunction with the upgrade implementation, the Contractor shall perform removal of all equipment to be decommissioned, all associated cabling, and any other material identified as “no longer required”.
4.2 Drawings: The Contractor shall furnish “As-Built” System Drawings and documentation that provide the detailed layout of the various items of equipment, their functional relationships, and associated interconnectivity. Contractor shall furnish manufacturer documentation for all new equipment and appliances.
4.3 Acceptance Testing: The Contractor shall conduct System Acceptance Testing, witnessed by FEMA representatives and conducted in accordance with the FEMA approved System Acceptance Test Plan contained in the Final Design Proposal.
4.4 Training: The Contractor shall conduct training sessions for system users and operators in accordance with the FEMA approved Training Plan contained in the Final Design Proposal.
Task 5.0 System Maintenance and Technical Support Services
5.1 Maintenance and Technical Support: With each task order, the Contractor may be asked to prepare and submit a detailed proposal to deliver system problem resolution and long-term maintenance (3-5 years). These proposals should include maintenance services for troubleshooting, diagnosing and resolution of problems related to hardware and software failure and support for Major Systems Failures & Critical Device failures and restoring failed systems to prior working state. These proposals should also include a plan for providing a point of contact for maintenance services during non-business hours and a cost proposal. The Government may or may not elect to have the contractor perform this maintenance service.
VI. Deliverables and Delivery Schedule:
1. Requirements Gathering & Analysis Documentation; 30 Days after receipt of order (ARO):
Requirements Report.
Site Survey Report.
2. Design Documentation; 90 Days ARO:
Audio, Video, Control, Programming Design Drawings and Specifications.
Electrical/Infrastructure Design Drawings and Specifications to support the AV System.
Lighting Design Drawings and Specifications to support the AV System.
HVAC Design Drawings and Specifications to support the AV System.
Any or all other sub-system Design Drawings and Specifications required to support the AV System deemed necessary at the individual site survey and site conditions.
System Test Plan
3. Implementation Documentation; 180 Days ARO:
All Audio, Video, Control System As-Built Drawings.
All Electrical/Infrastructure As-Built Drawings.
All Lighting fixtures As-Built Drawings.
All HVAC As-Built Drawings.
System Acceptance Test Report System Training Plan
VII. Government Furnished Equipment and Information
None.
VIII. Place of Performance
Work will be performed at the Contractor’s Site and in the FEMA locations identified in the Project Task Orders.
IX. Period of Performance
This enterprise audio, visual and video teleconference system support effort is for a one-year base period and four option year periods. The period of performance for each task order issued pursuant to this contract will be detailed in each task order SOW.
X. Contract Type
Indefinite-Delivery Requirements contract.
XI. Travel
Offerors shall not propose Travel costs as these shall be reimbursed on an actual-cost basis only and Travel will be in accordance with the Federal Travel Regulation. Travel will include such items as airfare, rental car, hotel, etc. Local travel will not be reimbursed. During task order period of performance, all Travel requires COTR prior approval.
XII. Administrative Considerations
This SOW attempts to cover all of the anticipated goals and constraints as they are known today. Due to site conditions or discoveries of new or emerging requirements, this SOW may be revisited and with the direction and agreement of the FEMA CIO, this SOW may be revised to reflect current conditions. FEMA’s mission priorities may change during this period of performance to require a modification to the SOW tasks. Upon changing priorities, the FEMA COTR and FEMA PM will revise the SOW as appropriate.
SECTION D – PACKAGING AND MARKING
PRESERVATION, PACKING AND PACKAGING -- COMMERCIAL
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).
SECTION E – INSPECTION AND ACCEPTANCE
See FAR 52.212-4 which is incorporated by reference (see SF 1449 Block 27a. above).
SECTION F – DELIVERIES OR PERFORMANCE
The requirements contract awarded pursuant to this solicitation will have a period of performance of one year from date of award plus four, one-year option periods.
SECTION G – CONTRACT ADMINISTRATION DATA
Any services to be performed under this contract shall be ordered by issuance of firm-fixed-priced task orders on an SF 1449. Such task orders may be issued at any time during the period of performance of this contract provided that any task order issued shall be completed within the period specified in the order.
Oral orders under this contract are not authorized.
The only office(s) authorized to issue task orders under this contract are:
FEMA IT Support Section (AMD-IT) 500 C Street, SW, PP 5th Floor Washington, DC 20472
G.1 COTR INFORMATION
Karl Neikirk 19844 Blue Ridge Mountain Road Mount Weather, VA 20135
540-535-3768 (o) Karl.Neikirk@fema.gov
G.2 TECHNICAL DIRECTION
(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) who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor.
Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COTR, regarding matters within the general tasks and requirements in Section C of this contract.
(b) The COTR does not have the authority to, and shall not, issue any technical direction which:
(1) Constitutes an assignment of additional work outside the Statement of Work;
(2) In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;
(3) Changes any of the expressed terms, conditions, or specifications of the contract; or
(4) Interferes with the Contractor'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 (4) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor'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 FAR clause 52.212-4(c) of the contract and that the Contractor should continue with the performance of the technical direction.
(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause (see FAR 52.212-4) 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.
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 Security Requirements
H.1.1 General
Prior to commencing work on this contract or task orders by any contractor staff they must comply with the instructions contained in this appendix.
The Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) has determined that performance of this contract or task order requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor), requires continua; access to DHS/FEMA facilities or sensitive DHS/FEMA information, and that the Contractor will adhere to the following.
H.1.2 Suitability Determination
DHS/FEMA shall have and exercise full control over granting, denying, withholding, or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of an unfavorable suitability. No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable suitability determination by the Security Division, Personnel Security Branch. Initial Suitability determination will be made from the Fingerprint Submission. Results are normally received within 48 hours of submission.
H.1.3 Background Investigations
Within 10 days of contract award the Facility Security Officer will submit on Company letter head a roster of personnel who will be supporting the contract or task order. The information will be broken into three categories as identified below:
CONTRACTOR SUPPORTING THE CONTRACT LESS THAN 179 DAYS AND DO NOT HAVE AN ACTIVE
SECURITY CLEARANCE
Contractor Personnel who will be on contract for less than 179 days are required to submit fingerprints only for suitability determination. Their badge will be granted for the limited time (No longer than 6 months). If they exceed the 180 days they will be required to follow the instructions below.
Note: Any contractor who receives an initial badge for less than one year and requires a second badge due to a contract modification or extension will be required to submit eQip.
CONTRACTOR SUPPORTING THE CONTRACT MORE THAN 180 DAYS AND DO NOT HAVE AN ACTIVE
SECURITY CLEARANCE
All Contractor Personnel who will be assigned to the contract or task order in excess of 180 days will be required to complete the eQip Process which includes fingerprint checks. Upon favorable results of the fingerprint checks the profile request (See enclosure 1) will be submitted to the Personnel Security, Case Management Unit for eQip initiation. The Profile request must be signed by the FEMA COTR. All eQip questions pertaining to the eQip process will be directed to the Security Division, Personnel Security Branch, Case Management Unit at (202) 646-3747.
CONTRACTOR SUPPORTING THE CONTRACT WHO HAVE AN ADJUDICATED SECURITY CLEARANCE
Individuals who already have final adjudicated Security Clearances and are supporting unclassified contracts can have their Facility Security Officer (FSO) submit a letter to the Industrial Security Officer, DHS/FEMA. Information required in letter from the FSO to the FEMA Industrial Security Officer:
Contract Number, FEMA Program Office, Individuals Full Name, SSN, date of birth, level of clearance, type of clearance, investigating agency, and date of investigation. For additional Information please contact the Security Division, Administration Security Branch at (202) 646-1350.
H.1.4 Foreign Nationals
Special procedures apply for exception to the requirement that persons accessing DHS systems be U.S. Citizens (policy 4.1e). Under normal conditions, only U.S. Citizens are allowed access to DHS systems and networks, however, at times there is a need to grant access to foreign nationals. Access for foreign nationals is normally a long-term commitment, and exceptions to appropriate policies are treated separately from standard exceptions and waivers.
The approval chain for an exception to the U.S. Citizenship requirement flows through the Component Head, the Office of Security, and the Chief Information Officer. Attachment J to the DHS 4300A Sensitive Systems Handbook provides an electronic form for requesting exceptions to the U.S. Citizenship requirement. Foreign Nationals must have resided in the US for three or more years prior to submitting Attachment J.
H.1.5 Access to Sensitive But Unclassified Information (SBU) / For Official Use Only (FOUO) and Personally Identifiable Information (PII)
Contractors shall control and safeguard SBU/FOUO/PII information in accordance with DHS Directive (MD 11042.1) "Safeguarding Sensitive but Unclassified (For Official Use Only) Information," dated January 6, 2005 and FEMA Policy Letter Protecting FEMA Privacy Act Information dated July 27, 2007. DHS/FEMA contractors must sign a special Non-Disclosure Agreement before receiving access to SBU/FOUO information. Contractors with questions on handling DHS/FEMA SBU/FOUO/PII shall contact DHS/FEMA Security Division, Administration Security branch at (202) 646-1350.”
H.1.6 Creation, Modification and Safeguarding of DHS/FEMA Data
Any contract that requires a Contractor to create, modify or safeguard DHS/FEMA documentation will be required to store that documentation on a GFE issued Thumb Drive that complies with the current DHS/FEMA policy.
H.1.7 Use of Contractor Furnished Equipment (CFE) and Personally Owned Equipment
Contractor Furnished Equipment (CFE) is defined as any IT asset, Thumb Drives or PDA furnished by the Contractor.
Contractor Furnished Cell Phones are authorized. Unless specifically spelled out in the contract no Contractor Furnished Equipment (CFE) will be authorized to be used in support of any DHS/FEMA contract or in and DHS/FEMA facility and will not be allowed to connect to any DHS/FEMA Network. Under no circumstances will personal computers be authorized to be used on any DHS/FEMA Contract. Contractors may be authorized to procure equipment to support the effort as long as it is spelled out in the contract and they are reimbursed by the Program. If authorized that equipment will become GFE and must conform with DHS/FEMA Baseline requirements.
Government Furnished Equipment (GFE) will be provided on all task orders.
CFE authorized to be used on any task order must be screened and certified by the DHS/FEMA Cyber Security Office prior to the connection to any DHS/FEMA network. A modification to the Contract must also be made to identify the use of CFE on any task order. CFE will not be authorized to connect to the DHS/FEMA network unless it has been base lined to DHS/FEMA Standards
Any Contractor Owned Computer Asset not certified by the DHS/FEMA Cyber Security Office will be confiscated and scanned for any illegal software and turned over to the DHS/FEMA Office of Security for investigation and reported to the DHS/SOC via the DHS/FEMA Incident Response Team.
Complete instructions on screening procedures will be provided by the Cyber Security Office.
An account property pass (FEMA Form 61-9) is required to be in the possession of the authorized individual prior to being authorized to remove the asset from any DHS/FEMA facility. The Program Custodial Officer or COTR will be responsible for providing the authorized individual with a property pass.
H.1.8 Submission of Contractor Data
The following time frame is provided for submission of contractor data upon contract award:
CONTRACTOR
INFORMATION
DATE REQUIRED Whom to submit info to
Can start work
Letter from FSO for personnel who already have a clearance NOTE: FSO’s should have the personnel identified and letter prepared prior to contract award
Within 24 hours of Contract Award
Administration Security Branch
Within 48 hours of contract award
Fingerprints only Within 24 hours of Contract Award
Fingerprint Unit Within 2 business days of contract award eQip Packages Completely submitted within 30 days of Contract Award
Case Management Unit
Within 2 business days of receipt of Fingerprint Suitability
NDA First Day of Work on Contract
COTR
H.1.9 Contractor Orientation
Upon Contract award and receipt of suitability determination all contractors will receive a temporary badge. The temporary badge will be good for 30 days. During the 30 day period each contractor is required to attend a Contractor Orientation Brief. Upon successful completion of the Orientation Brief, a permanent Contractor Badge will be issued for one year. Contractors not completing the Orientation Brief will be suspended and denied further access to any DHS/FEMA facility or IT System until completion of the Orientation Brief. The Program Manager and COTR will be notified.
H.1.10 Operations Security
Prior to the commencement of work each contractor will receive an Operations Security (OPSEC) Brief. The OPSEC brief will include an OPSEC Overview and Video on Careless Keystrokes Can Kill.
E-QIP PROFILE REQUIREMENTS
The following information is needed to create a profile to enable an individual to complete a security questionnaire electronically via E-QIP:
Last Name
First Name
Middle Name
Social Security Number
Date of Birth Place of Birth (city and state, if US; city and country if foreign born)
E-Mail Address (if available)
Job Title
Assigned Office (ex. Response, IT, Region, Mitigation, etc.)
Position Type (ex. Permanent, DAE, CORE, Contractor, etc.)
If you are a contractor, provide the name and phone number of your Supervisor or FEMA COTR
Position Sensitivity/Access Level (Public Trust/Moderate Risk, Public Trust/High Risk, National Security/Critical Sensitive, or National Security/Special Sensitive)
Has the United States Government ever investigated your background and/or granted you a security clearance?
If yes, provide the name of the Agency and the date the investigation was conducted below:
Agency
Date
Mailing Address
Telephone Number
Federal Employee Security Packet will consist of 3 signature pages printed from e-QIP: Certification page and 2 Release pages, a Declaration for Federal Employment (OF-306), a resume (or OF612), a Fair Credit Reporting Act (FCRA) release form, and 2 SF87 fingerprint cards.
Federal Contractor Security Packet will consist of 3 signature pages printed from e-QIP: Certification page and 2 Release pages, a Fair Credit Reporting Act (FCRA) release form, two Applicant fingerprint cards, and a DHS 11000-6 Non- Disclosure form.
WARNING: This document is For Official Use Only (FOUO). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information. This information shall not be distributed beyond the original addressees without prior authorization of the originator. This communication, along with any attachments, is covered by Federal and State Law governing electronic communication and may contain restricted and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this message in error, please reply immediately to the sender and delete this message. Date: February 8, 2008
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
I.1 Addendum to FAR 52.212-4
52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: http://acquisition.gov/far/index.html; http://farsite.hill.af.mil/vffara.htm
(End of Clause)
See SF 1449 Block 27a. above which incorporates by reference FAR 52.212-1 & 52.212-4
I.2 Clauses Incorporated in Full Text
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (OCT 2008)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
(2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(4) [Reserved]
(5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-6.
(iii) Alternate II (Mar 2004) of 52.219-6.
(6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).
(8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Oct 2001) of 52.219-9.
(iii) Alternate II (Oct 2001) of 52.219-9.
(9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
(10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
(ii) Alternate I (June 2003) of 52.219-23.
(12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).
(15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S. C.
632 (a)(2)).
(16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).
(18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
(19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and
Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).
(22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees
(Dec 2004) (E.O. 13201).
(24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).
(ii) Alternate I (Aug 2007) of 52.222-50.
(25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).
(26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
(27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer
Products (DEC 2007) (E.O. 13423).
(ii) Alternate I (DEC 2007) of 52.223-16.
(28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).
(29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108- 286, 109-53 and 109-169).
(ii) Alternate I (Jan 2004) of 52.225-3.
(iii) Alternate II (Jan 2004) of 52.225-3.
(30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
(35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
(36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration
(Oct 2003) (31 U.S.C. 3332).
(37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
(38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).
(39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007)
(41 U.S. C. 351, et seq.).
(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)
(E.O. 13201).
(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.
(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-
Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”
52.216-18 Ordering (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the expiration date of the contract.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 Order Limitations (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $2,000,000.00;
(2) Any order for a combination of items in excess of $20,000,000.00; or
(3) A series of orders from the same ordering office within five days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-21 Requirements
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities.
Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity’s requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after all task orders…
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