HSFEHQ-11-R-0096_FINAL_7.26.11.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 N/A

HSFEHQ-11-R-0096

X

07-26-2011

Federal Emergency Management Agency

Office of Acquisition Management

500 C Street, S.W., PP 5th Floor

Washington DC 20472

3 paper

Item 7 1400 08-09-2011

Carolyn Abney 202-646-4654 peter.sorrentino@fema.gov

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Federal Emergency Management Agency/FFC

P.O. Box 800

Berryville VA 22611

Table of Contents

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

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

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

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

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

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

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

C.1 STATEMENT OF WORK ............................................................................................................... C-6

C.2 ATTACHMENT #1: OFFEROR CERTIFICATION WORKSHEET…………………………….C-5

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

D.1 PACKAGING AND MARKING INSTRUCTIONS ........................................................................ D-1

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

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

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

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

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

F.2 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEPT 2000) .................................................................................................... F-1

F.3 DELIVERY INSTRUCTIONS.........................................................................................................F-1

F.4 PERIOD OF PERFORMANCE........................................................................................................F-2

F.5 DELIVERY TIMES………………………………………………………………………………..F-2

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

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

G-1

G.2 IDENTIFICATION OF GOVERNMENT OFFICIALS ................................................................... G-1

G.3 INVOICING INSTRUCTIONS ........................................................................................................ G-1

G.4 DELIVERY ORDER PROCEDURES……………………………………………………………...G-2

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

H.1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)…………..H-1

H.2 MULTIPLE AWARDS……………………………………………………………………………H-1

H.3 MINIMUM QUANTITY………………………………………………………………………….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-2

I.3 52.216-18 ORDERING (OCT 1995) .............................................................................................. I-2

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995) .......................................................................... I-3

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) ...................................................................... I-3

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

2009) ................................................................................................................................................. I-4

I.7 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) .................................... I-5

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

RELATIONS ACT (DEC 2010) ...................................................................................................... I-5

I.9 52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUNE 2003) ........... I-6

I.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ................................... I-8

I.11 HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC

2003) ................................................................................................................................................. I-8

I.12 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ..................................... I-8

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

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

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

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

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

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

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

K.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011) ....................... K-5

K.4 52.225-18 PLACE OF MANUFACTURE (SEPT 2006) ................................................................ K-7

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

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

L.2 52.216-1 TYPE OF CONTRACT (APR 1984) ............................................................................ L-1

L.3 52.233-2 SERVICE OF PROTEST (SEP 2006)………………………………………………..L-1

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

L.5 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS ......................................... L-2

L.6 PROPOSAL ORGANIZATION………………………………………………………………….. L-5

L.7 PROPOSAL DELIVERY INSTRUCTIONS……………………………………………………...L-6

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

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

M.2 EVALUATION FACTORS………………………………………………………………………M-1

HSFEHQ-11-R-0096 Section B

B-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT PRICE PER UNIT

NO. SUPPLIES/SVCS

0001 Complete Cot Unit 100-250 EA ___________________

0002 Complete Cot Unit 251-500 EA ___________________

0003 Complete Cot Unit 501-750 EA ___________________

0004 Complete Cot Unit 751-1,000 EA ___________________

0005 Complete Cot Unit 1,001-1,500 EA ___________________

0006 Complete Cot Unit 1,501 & above EA ___________________

0007 ________________________________________________________________

0008 ________________________________________________________________

1001 Complete Cot Unit 100-250 EA ___________________

Option Year 1

1002 Complete Cot Unit 251-500 EA ___________________

1003 Complete Cot Unit 501-750 EA ___________________

1004 Complete Cot Unit 751-1,000 EA ___________________

1005 Complete Cot Unit 1,001-1,500 EA ___________________

1006 Complete Cot Unit 1,501-above EA ___________________

B-2

1007 ________________________________________________________________

1008 ________________________________________________________________

2001 Complete Cot Unit 100-250 EA ___________________

Option Year 2

2002 Complete Cot Unit 251-500 EA ___________________

2003 Complete Cot Unit 501-750 EA ___________________

2004 Complete Cot Unit 751-1,000 EA ___________________

2005 Complete Cot Unit 1,001-1,500 EA ___________________

2006 Complete Cot Unit 1,501-above EA ___________________

2007 ________________________________________________________________

2008 ________________________________________________________________

3001 Complete Cot Unit 100-250 EA ___________________

Option Year 3

3002 Complete Cot Unit 251-500 EA ___________________

3003 Complete Cot Unit 501-750 EA ___________________

3004 Complete Cot Unit 751-1,000 EA ___________________

3005 Complete Cot Unit 1,001-1,500 EA ___________________

3006 Complete Cot Unit 1,501-above EA ___________________

3007 ________________________________________________________________

3008 ________________________________________________________________

B-3

4001 Complete Cot Unit 100-250 EA ___________________

Option Year 4

4002 Complete Cot Unit 251-500 EA ___________________

4003 Complete Cot Unit 501-750 EA ___________________

4004 Complete Cot Unit 751-1,000 EA ___________________

4005 Complete Cot Unit 1,001-1,500 EA ___________________

4006 Complete Cot Unit 1,501-above EA ___________________

4007 ________________________________________________________________

4008 ________________________________________________________________

HSFEHQ-11-R-0096 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.0 Background

FEMA is seeking to acquire cots with mattresses that will meet the needs of more than 99% of disaster survivors in general population shelters, including individuals with access and functional support needs (e.g., survivors who use a wheelchair or other mobility device). This acquisition will satisfy a requirement of the Department of Homeland Security, Federal Emergency

Management Agency (FEMA). All supplies and services listed in this Statement of Work (SOW) shall be provided in compliance with applicable Federal, State, Tribal, Territorial and local laws and regulations. The vendor shall not operate outside of the scope of this SOW, nor shall the vendor speak or act on the behalf of FEMA for any public or official purposes.

2.0 Scope

The vendor shall provide cots and mattresses that are accessible to persons residing in general population shelters, per the specifications in Section 3.0 – Specifications. These are the minimum technical and functional mandatory characteristics of the requirement. The vendor shall be capable of delivering cots to locations throughout the United States (including Hawaii, Alaska, and all US Territories). One unit will consist of a cot, a mattress, and safety rails for the long sides of the cot.

3.0 Specifications

The vendor shall provide or produce ready-to-use cots with mattresses that meet the following minimum requirements:

General:

Have durable locking systems (e.g. latches, brackets) that do not have any sharp edges, and which will withstand the minimum weight requirement and not break/snap off.

For fitted connections, all slots, edges and tubing ends must be capped.

Must have hand rails that provide ease of use for raising, leaning back, lowering onto and lifting off of the cot.

Adjustable head elevations that lock securely into place. Users must be able to elevate the head of the cot to multiple positions. The head of the cot must be able to achieve a forty-five degree angle, but should not exceed this elevation.

Arrive fully assembled with the exception of the safety rail at the Government point of receipt. The maximum assembly time for installation of the safety rails shall be ten minutes or less per cot.

Have a commercial warranty for full replacement if product tears, breaks or otherwise fails during normal use within

1 (one) year of purchase. Must be able to withstand continuous and/or repeated use with an expected use of up to 365 days (one year).

Safe and easy to transfer for all users onto and off of the sleeping surface and stable enough to avoid tipping over under normal use of the cot. This includes the point of entry (such as the edge of the cot).

Stable, ―anti-tipping‖ legs that will withstand transfer to and from the cots by users with mobility disabilities transferring from wheelchairs and those utilizing crutches, canes, walkers, scooters and other mobility devices.

Transfers must occur without the cot turning over or collapsing.

Mattress:

Mattress must fit the cot and be at a minimum 2‖ thick. Mattress must also be able to be secured to the cot to prevent falling or slippage.

Mattress outer shell must be able to be sanitized, must be fully assembled, waterproof, and durable.

Mattress (excluding outer shell) must be made of foam.

Mattress shell does not contain latex based products.

Dimensions and Capacity:

Supports a minimum of 350 lbs

Height (16‖ minimum without mattress and 19‖ maximum with mattress)

Width (30‖ minimum and 36‖ maximum)

Length (80‖ minimum)

C-2

Unit weight: maximum of 40 lbs

Materials:

Both the frame and mattress must be fire retardant and capable of being sanitized after use.

Mattress must have a waterproof outer shell; any color acceptable.

Cots and Mattresses must be resistant to mildew and rust; and, excessive heat or cold with a range of -20 to 120 degrees

Fahrenheit.

No sharp edges or components in which fingers, toes and other body parts could be caught, torn or otherwise injured. Corners and edges must be rounded.

If coils and/or fabric are used in the construction of the cot, the fabric must be durable and coils and coil ends must not pose a cutting, tearing or pinching hazard.

Delivery:

Arrive folded, stacked and palletized. Pallets must arrive stretch-wrapped not less than 10 layers. Cots shall be packed in standard commercial casing (e.g. boxed), which shall be shipped on industry standard size pallets (48 inches by 40 inches). Hand rails shall be packed and shipped with the cot as a single unit. Stacked pallets must not exceed 55 inches in height with no overhang. The stretch wrap shall extend over the top of the packaged product by a minimum of six inches. Pallets shall be hardwood and designed for pickup from all four sides. Due to the many unknown circumstances which can arise during disaster response and recovery, it is possible that the cots may be moved several times, may be double-stacked for storage, and may be stored in warehouses or stored outside with no protection in all types of weather.

An initial order for 500 cots shall be divided evenly among the contract awardees upon contract award. Delivery of the initial order shall occur within thirty days of award. Vendors will be instructed at the delivery order level to deliver to Frederick, Maryland, Ft. Worth, Texas, or Atlanta, Georgia.

Following the initial order, the Contractor shall have a one-time surge capacity to deliver 1,500 cots within 72 hours of delivery order receipt and a prolonged surge capacity to deliver 10,000 cots within 30 days to any of FEMA’s regional distribution centers located in Cumberland, MD, Frederick, MD, Atlanta, GA, Manuabo, PR, Fort Worth, TX, Moffett, CA, Aiea, HI and Barrigada, Guam. The Contractor shall also have the capability to ship cots directly to disaster locations as instructed by FEMA.

C-3

ATTCHMENT #1: OFFEROR CERTIFICATION WORKSHEET

Please complete this worksheet in its entirety and submit it via email to peter.sorrentino@fema.gov and carolyn.abney@fema.dhs.gov by 2 p.m. local time, Tuesday, August 9, 2011. Submissions received by FEMA after this date will be considered non-responsive and the associated proposal will not be considered for award. Answers without explanation (where prompted) will be considered non-responsive.

Offeror: ______________________________________

Ref:

# Factor Yes No

Location in

Proposal

Explanation (provide in separate document associated using reference #)

Cot height is at least 16‖ without mattress and no more than a height of 19‖ with mattress.

Cot width is at least 30‖ and no more than 36‖.

3 Cot is at least 80‖ in length.

Cot is able to support a minimum of 350 lbs. If yes, provide explanation.

Cot has safety rails that provide ease of use for raising, leaning back, lowering onto and lifting off of the cot. If yes, describe the tests conducted that prove the cot meets the SOW standards.

Cot head can be elevated to multiple positions, including, but not exceeding, a forty-five degree angle. If yes, provide explanation.

Cot has durable locking systems (e.g. latches, brackets) that do not have any sharp edges. If yes, provide

All fitted connections on the cot (slots, edges and tubing ends, etc.) must be capped. If yes, provide explanation mailto:peter.sorrentino@fema.gov mailto:carolyn.abney@fema.dhs.gov

C-4

Cot has no sharp edges or components in which fingers, toes and other body parts could be caught, torn or otherwise injured. If yes, provide explanation

Cot corners and edges are rounded. If yes, provide explanation

If coils and/or fabric are used in the construction of the cot, the fabric is durable and the coils and coil ends do not pose a cutting, tearing or pinching hazard. If yes, provide

Cot must allow safe and easy transfer for all users onto and off of the sleeping surface and stable enough to avoid tipping over under normal use. This includes the point of entry

(such as the edge of the cot). If yes, describe the tests conducted that prove the cot meets the SOW standards.

Cot possesses stable, ―anti-tipping‖ legs that will withstand transfer to and from the cots by all users with mobility disabilities transferring from mobility devices. This includes the point of entry (such as the edge of the cot). If yes, describe the tests conducted that prove the cot meets the SOW

Cot frame is fire retardant. If yes, provide explanation.

Cot frame and mattress can be sanitized after use. If yes, Cot includes a mattress which fits the cot.

C-5

Cot mattress is at least two inches thick.

Cot mattress is of medium firmness.

The mattress can be secured to the cot to prevent falling or slippage. If yes, provide

Mattress (excluding outer shell) is made of foam.

Mattress outer shell does not contain latex based products.

Mattress (entire) is fire retardant.

Mattress (entire) is fully assembled.

Mattress outer shell is waterproof.

25 Mattress outer shell is durable.

Cot and mattress are resistant to mildew and rust. If yes, Cot and mattress (entire) can withstand use in a temperature range of -20 to 120 degrees

Fahrenheit. If yes, describe the tests conducted that prove the cot meets the SOW

Offeror provides a commercial warranty for full replacement if product tears, breaks or otherwise fails during normal use within 1 (one) year of purchase.

Cot arrives fully assembled with the exception of the safety rails.

Complete cot unit can be assembled in ten minutes or less. If yes, describe the tests conducted that prove the cot meets the SOW standards.

C-6

Complete cot unit weighs no more than 40lbs.

Cost must be foldable within the storage dimensions of 40‖X

48‖ X 55‖ with no overhang. If

Offeror can deliver the initial order within thirty days of award.

Offeror has a one-time surge capacity to deliver 1,500 cots within 72 hours of delivery order receipt. If yes, provide

Offeror has a prolonged surge capacity to deliver at least

10,000 cots within 30 days. If

Offeror can deliver to all of the stated locations. If yes, Product offered complies with the requirements of the Buy American Act (See FAR Part 25).

Packaging and marking meets the criteria established in

Section D of the RFP.

Offeror certifies that the product meets all of the above specifications.

Per unit, what percentage of the cot(s) proposed is produced/manufactured in the United States? _________% https://acquisition.gov/comp/far/current/html/Subpart%2025_1.html

HSFEHQ-11-R-0096 Section D

D-1

SECTION D - PACKAGING AND MARKING

Packaging and Marking Instructions

HSFEHQ-11-R-0096

Cots shall be delivered folded, stacked, and palletized. The Contractor shall prepare each cot and associated parts for shipment to ensure that each cot, and thereby each pallet, is securely fastened for save delivery to destination using best commercial practices.

Cots shall be packed in standard commercial casing (e.g. boxed), which shall be shipped on industry standard size pallets (48 inches by 40 inches). Hand rails shall be packed and shipped with the cot as a single unit.

Stacked pallets must not exceed 55 inches in height. Pallets shall be hardwood and designed for pickup from all four sides. Due to the many unknown circumstances which can arise during disaster response and recovery, it is possible that the cots may be moved several times, may be double-stacked for storage, and may be stored in warehouses or stored outside with no protection in all types of weather. Pallets must arrive stretch-wrapped not less than 10 layers. The stretch wrap shall extend over the top of the packaged product by a minimum of six inches.

HSFEHQ-11-R-0056 Section E

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR ―52.252-2 CLAUSES INCORPORATED BY REFERENCE‖ in Section I of this contract.

See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

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

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance will take place at delivery locations. The COTR will inspect each shipment to ensure that the cots comply with the specifications given in the Statement of Work (Section C of this RFP). The COTR will conduct the inspection by setting up randomly selected units and examining them to ensure that they comply with the specifications.

HSFEHQ-11-R-0096 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.

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

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

F.2 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the

Contractor shall, in place of actual damages, pay to the Government liquidated damages of $495.42 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the

Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

F.3 DELIVERY INSTRUCTIONS

Contractors shall deliver cots to the address(es) specified in individual delivery orders via commercial transport. Information regarding the delivery location point of contact will be given at the Delivery Order level. Drivers shall possess U.S. citizenship and a valid driver’s license and provide advanced notice of their arrival time in order to ensure prompt access to their assigned delivery site. If delivery will be made to a site with different delivery requirements, that information will be provided at the delivery order level. If delivering a standard replenishment order to a Distribution Center, deliveries should occur during normal business hours. If delivering to a disaster response site, the site specific hours will be provided at the delivery order level.

A. The Contractor shall be capable of delivering to any of the following FEMA Distribution Centers or to any disaster location within the continental United States as directed by the Contracting Officer:

DC Atlanta

3780 Southside Ind. Ct.

Atlanta, GA 30354

Hours of Operation: 7AM – 3:30PM EST

DC Cumberland

HSFEHQ-11-R-0096 Section F

F-2

11601 PPG Road

Cumberland, MD 21502

Hours of Operation: 7:30AM – 4PM EST

DC Frederick 4420 Buckeystown Pike

Frederick, MD 21704

Hours of Operation: 7AM – 3:30PM EST

DC Fort Worth 501 W. Felix, FWFC

Fort Worth, TX 76115

Hours of Operation: 7AM – 3:30PM CMT

DC Guam

Building 100

Barrigada, Guam 96913

Hours of Operation: 7AM – 3:30PM ChST

DC Moffet Building 144 Door 7 – NASA AMES Research

Moffett Field, CA 94035

Hours of Operation: 7AM – 3:30PM PST

DC Puerto Rico

97 Avenida Barbosa

Maunabo, PR 00707

Hours of Operation: 7AM — 3:30PM AST

DC Selma 661 Selfield Rd.

Selma, AL 36704

Hours of Operation: 7AM – 4PM CMT

B. Any disaster location within the continental United States that is requested in a Request for Quote at the

Delivery Order level.

F.4 PERIOD OF PERFORMANCE

This contract shall consist of a twelve month base period and four twelve month option periods as follows:

Base Period: TBD at time of award

Option Period 1: TBD at time of award

Option Period 2: TBD at time of award

Option Period 3: TBD at time of award

Option Period 4: TBD at time of award

F.5 DELIVERY TIMES

The initial order shall be delivered within 30 days of receipt of the initial delivery order. Surge capacity delivery times are specified in Section C, Paragraph 4.

HSFEHQ-11-R-0096 Section G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR ―52.252-2 CLAUSES INCORPORATED BY REFERENCE‖ in Section I of this contract.

See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

G.2 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Carolyn Abney

Phone: 202-646-4654

Fax: 202-646-3318

Contracting Officer’s Technical Representative:

Name: To Be Announced at Time of Award

Phone:

Fax:

G.3 INVOICING INSTRUCTIONS

Contractors shall submit invoices electronically to the COTR and Contracting Officer after each delivery order. Invoices must contain the Contractor’s contract number, delivery order number, and name and contact information for a point of contact in case of questions as well as the quantity and date and location of delivery.

Contractors shall send a paper copy of the invoice to: Federal Emergency Management Agency

FEMA Finance Center

P.O. Box 800

Berryville, VA 22611

HSFEHQ-11-R-0096 Section G

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G.4 DELIVERY ORDER PROCEDURES

A. Task Order Pricing. The government anticipates issuing fixed price type delivery orders under this contract based on the established unit rates specified by performance year in Section B of this contract. The quantity of each item ordered will be multiplied by the rate listed in the schedule or as negotiated for the specific order.

B. Delivery Order Authorization. Upon signature by the Contracting Officer, each Delivery Order is considered fully executed, binding and ready for implementation. Each Delivery Order will be forwarded promptly to the Contractor and shall conform to all terms and conditions of the contract. Orders may be issued by the Contracting Officer orally, electronically, or by facsimile methods. If issued orally, a hardcopy will follow. At a minimum, each Delivery Order shall include the following:

Contractor's name, contract number, delivery order number, performance period, disaster number if applicable, delivery location and point of contact, and applicable accounting and appropriations data.

C. Performance. The Contractor shall perform in accordance with the terms and conditions of this contract and the Statement of Work.

D. Completion of Delivery Orders. Within ninety (90) days of physical completion of work under each Delivery Order, the

Contractor shall submit a Final Voucher. The final voucher shall include a payment history. If additional time is needed, the

Contractor shall submit a written request for a time extension that explains the extenuating circumstances.

E. Payment for Delivery Orders. If the Contractor is performing more than one Delivery Order simultaneously, separate invoices are required for each Delivery Order.

F. Closeout of Delivery Orders. All delivery orders issued under this contract shall be closed out in accordance with FAR

4.805 and established FEMA policy. Upon completion of each Delivery Order and the receipt of the final voucher, the

Government will begin closeout procedures.

HSFEHQ-11-R-0056 Section H

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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 of scheduled contract expiration; 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.

H.2 MULTIPLE AWARDS

The Government intends to make multiple awards from this solicitation, but reserves the right to make a single award if it determines doing so to be in the best interests of the Government.

H.3 MINIMUM QUANTITY

The minimum quantity will be 500 cots divided evenly among all awardees.

HSFEHQ-11-R-0096 Section I

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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.

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO SEP 2006

THE GOVERNMENT

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

52.204-4 PRINTED OR COPIED DOUBLE-SIDED MAY 2011

ON RECYCLED PAPER

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-10 REPORTING EXECUTIVE COMPENSATION AND JUL 2010

FIRST-TIER SUBCONTRACT AWARDS

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

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

FORMAT

52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUN 2003

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2011

52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996

52.222-19 CHILD LABOR - COOPERATION WITH JUL 2010

AUTHORITIES AND REMEDIES

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

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.223-18 CONTRACTOR POLICY TO BAN TEXT SEP 2010

MESSAGING WHILE DRIVING

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

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52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT DEC 2007

AND COPYRIGHT INFRINGEMENT

52.227-3 PATENT INDEMNITY APR 1984

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

52.232-17 INTEREST OCT 2010

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

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

CONTRACTOR REGISTRATION

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES--FIXED-PRICE AUG 1987

52.243-7 NOTIFICATION OF CHANGES APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 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

3016-505 ORDERING JUN 2006

3052.242-72 COTR JUN 2006

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 52.216-18 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 the effective date of the contract through the final day in the period of performance.

(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.

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(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.

I.4 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

500 units, 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 10,000 units;

(2) Any order for a combination of items in excess of 10,000 units; or

(3) A series of orders from the same ordering office within 30 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.

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The

Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 five years and one month from date of award.

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I.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause-

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

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

(3) For long-term contracts-

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

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

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract.

The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

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

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

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

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

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

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

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

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

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

Opportunity clause in this contract.

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

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

RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of

Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the

Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

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(c) The required text of the employee notice…