HSFEHQ-12-R-0002_Solicitation.docx

HSFEHQ-12-R-0002 Section M

1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

(If other than Item 7) NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until local time _______________________ (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXT.

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTR., CONDS., AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror) AWARD (To be completed by Government) N/A

HSFEHQ-12-R-0002

X 02-03-2012 Federal Emergency Management Agency Office of Acquisition Management 500 C Street, S.W., PP 5th Floor Washington DC 20472 Same As Block #7 For Address Mr. Rahsaan A. Edwards Rahsaan.Edwards@fema.dhs.gov 202-646-5786 Item 7

12:00PM

03-06-2012 Rahsaan A. Edwards 202-646-5786 Rahsaan.Edwards@fema.dhs.gov X X X X X X X X X X X X X Federal Emergency Management Agency/FFC P.O. Box 800 Berryville VA 22611 Carolyn Abney Contracting Officer

Table of Contents

D.1 FINAL PACKAGE REQUIREMENTS

H.8 CORRESPONDENCE PROCEDURES

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PRICE/COST SCHEDULE-

See Schedule Attached

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA)

BACKGROUND

The Federal Emergency Management Agency (FEMA) provides Manufactured Homes, referred to herein as Temporary Housing Units (THUs), that meet the Housing and Urban Development standards as set forth in 24 CFR 3280 (Manufactured Home Construction Safety Standards “HUD Code”)to eligible disaster assistance applicants, as one of a number of tools used to provide assistance to individuals and households under the Robert T Stafford Disaster Relief and Emergency Assistance Act (42 USC 5121 et seq., and related authorities) Section 408 of the Stafford Act, Federal Assistance to Individuals and Households (42 U.S.C. 5174) states that the President may provide financial, or other assistance to respond to the disaster-related housing needs of individuals and households who are displaced from their pre-disaster primary residences or whose pre-disaster primary residences are rendered uninhabitable. FEMA procures and provides THUs directly to individuals or households who, because of a lack of available housing resources, would be unable to make use of the financial assistance.

In order to meet this mission requirement, FEMA procures and stores THUs at Temporary Housing Storage Sites (THSS). To meet the needs of disaster survivors, FEMA procures one (1), two (2), and three (3) bedroom temporary housing units that are built in accordance with the HUD Code. As part of FEMA’s procurement, some units will be acquired to support those with access and functional needs. As such, some of the THUs that are procured under this contract will be produced to meet the Uniform Federal Accessibility Standards (UFAS).

GENERAL REQUIREMENTS

1. The contractor shall provide all labor and material to produce and deliver to FEMA THUs the following types of units manufactured in accordance with 24 CRF 3280, the statement of work (SOW), and the FEMA Rugged Base Performance Requirements included in the contract:

One Bedroom Standard THU “FEMA” Southern One Bedroom Standard THU “FEMA” Northern One Bedroom UFAS THU “FEMA” Southern One Bedroom UFAS THU “FEMA” Northern Two Bedroom Standard THU “FEMA” Southern Two Bedroom Standard THU “FEMA” Northern Two Bedroom UFAS THU “FEMA” Southern Two Bedroom UFAS THU “FEMA” Northern Three Bedroom Standard THU “FEMA” Southern Three Bedroom Standard THU “FEMA” Northern Three Bedroom UFAS THU “FEMA” Southern Three Bedroom UFAS THU “FEMA” Northern

2. The contractor shall adhere to the production and delivery requirements as defined within these documents, and any task orders.

3. All units must accommodate daily living essentials (e.g. cooking, sleeping, security, sanitation), and must provide a logical and livable layout. They shall be safe, durable, of quality construction and free from defective materials or defective workmanship as well as free from hazards including sharp edges.

REFERENCES

24 CFR 3280 available at http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol5/pdf/CFR-2010-title24-vol5-part3280.pdf Uniform Federal Accessibility Standards available at http://www.access-board.gov/ufas/ufas-html/ufas.htm International Building Code available at cost to the contractor at http://www.iccsafe.org/Pages/default.aspx Rugged Base Performance Requirements – Attachment 2 Federal Travel Regulations available at http://www.gsa.gov/portal/content/104790 National Fire Protection Association available at cost to the contractor at http://www.nfpa.org/index.asp

4. Certification The contractor must maintain, and have available for FEMA inspection, HUD Certification, as evidenced by a Certification Report, prepared by a Design Approval Primary Inspection Agency (DAPIA) for manufactured homes built by each manufacturing facility used for production under this contract.

Additionally, the contractor shall possess and maintain (including any production changes) an approved manufactured home design issued by Design Approval Primary Inspection Agency (DAPIA) certification. These DAPIA certified documents shall be submitted to FEMA as part of the contractor’s proposal as described in Section L. In addition, the contractor shall submit revised plans whenever required by modifications requested by FEMA. This documentation shall be available for FEMA inspection at each factory used for production under this contract.

5. Material Changes/Variances from the FEMA Rugged Base Performance Requirements Upon contract award the contractor shall notify the Government any time the contractor wants to substitute any materials, or otherwise vary from the FEMA Base Requirements and/or the contractor’s proposed response to the solicitation.

The following protocol must be observed for all requests for substitution/variance. FEMA will not accept any requests, which do not include the documentation described below. Additionally, requirements deemed to negatively impact unit performance or that may adversely affect occupant safety, will not be approved.

Documentation Required

2. A copy of the page(s) from the proposal where the original construction method or material was listed (highlight section).

4. If applicable, provide the MSDS for the substitute material.

5. Letter from the vendor’s original accredited 3rd party engineer or agency stating:

· How the proposed substitution meets the original requirements of the solicitation.

· What, if any, affect the substitution has on code certification.

· List of all potential benefits and detriments of the proposed substitution to unit performance and occupant safety.

Cost/ Timeliness

6. How does the proposed substitution affect the overall unit cost? (List the original unit cost vs. the new unit cost)

7. A statement describing how the substitution could adversely or positively affect ramp-up time or production schedule.

Changes and modifications are not considered to have final approval if a HUD Alternative Construction Letter is required. Only after HUD grants an Alternative Construction Letter may the change be finalized.

6. Warranty The contractor shall warrant that the construction of all THUs complies with the Federal Manufactured Home Construction and Safety Standards in effect at the time the THU is constructed, and is free from any substantial defects in material or workmanship. This warranty shall obligate the contractor to take appropriate corrective action at its own expense in instances of non-conformity to such standards, non-conformity to the SOW or FEMA Rugged Base Performance Requirements, and/or instances of patent or latent defects in materials or workmanship. All warranty items shall have a 24 hour response time and a 48 hour repair time. If the response and repair times are not met, FEMA may, at its discretion, make other arrangements for repair or replacement, at the contractor’s expense. The contractor also warrants that all furniture and appliances supplied are in working order and free of defects, and will replace or repair any items which are defective for up to one year after the date of FEMA Acceptance.

7. Quality Fit and Finish The contractor shall manufacture all THUs with quality Fit and Finish (see definitions).

8. Production Capacity:

FEMA will award Indefinite Delivery, Indefinite Quantity (IDIQ) contracts to one or more contractors, and issue Task Orders for specific requirements. While these requirements will vary, the contractor must maintain at a minimum the production capacity sufficient to produce and ship a single bedroom type at the weekly production rate set forth in the scenarios below.

· 125 three bedroom units for a minimum total of 125 total units per week, or

· 125 one bedroom units for a minimum total of 125 total units per week, or

· 150 two bedroom units for a minimum total of 150 total units per week.

The contractor will have 3 weeks to ramp up to full minimum production rate.

MISCELLANEOUS

Acronyms DAPIA – Design Approval Primary Inspection Agency FEMA – Federal Emergency Management Agency GPM – Gallons per minute HUD – The U.S. Department of Housing and Urban Development IBTS – Institute for Building Technology and Safety IPIA - In-house Primary Inspection Agency MH-Manufactured Homes NFPA-National Fire Protection Association PSF – Pounds per square foot.

PSI – Pounds per square inch.

SOW-Statement of Work THU – Temporary Housing Unit UFAS – Uniform Federal Accessibility Standards Definitions ASTM International – The international standards organization for developing standards for manufacturing, construction etc.

Design Approval Primary Inspection Agency – Defined in 24 C.F.R. § 3282.361 and responsible for evaluating all manufactured home designs submitted to it by the manufacturer and for assuring that they conform to the standards. Also be responsible for evaluating all quality control programs submitted to it by the manufacturer by reviewing the quality assurance manuals in which the programs are set out to assure that the manuals reflect programs which are compatible with the designs to be followed and which commit the manufacturer to make adequate inspections and tests of every part of every manufactured home produced.

Fit and Finish. The term fit and finish refers to the way the parts go together. For example; the corners of the walls straight, true and plum; molding placed level with no gaps, twists, or bulges; paint, smooth and evenly applied; doors, smooth opening and closing, tight fitting, true and plum.

Flashing – Sheet metal or other material used to seal around penetrations to resist moisture intrusion.

House wrap defines all synthetic replacement materials for sheathing tar paper. These materials are all lighter in weight and usually wider than asphalt designs, so contractors can apply the material much faster to a house shell. House wrap functions as a weather-resistant barrier, preventing rain from getting into the wall assembly while allowing water vapor to pass to the exterior. If moisture from either direction is allowed to build up within stud or cavity walls, mold and rot can set in and fiberglass or cellulose insulation will lose its R-value due to heat-conducting moisture. House wrap may also serve as an air barrier if it is sealed carefully at seams.

HUD-Code home: A home meeting the U.S. Department of Housing and Urban Development's standards for new manufactured homes, known as the Manufactured Home Construction and Safety Standards. HUD has regulated the design and construction of manufactured homes, formerly known as mobile homes since June 15, 1976 to a specific performance code. This is called a preemptive code because it preempts all local building codes for these single-family dwellings. The Federal program includes the monitoring of third parties involved in the design review and inspection process, but excludes the actual installation of the homes. Some states inspect every installation, while others transfer the responsibility to local jurisdictions or not at all. Every HUD home has a special label affixed on the exterior of the home indicating that the home has been designed, constructed, tested and inspected to comply with the stringent federal standards set forth in the code. No manufactured home may be shipped from the factory unless it complies with the HUD Code and receives a certification label from an independent third party inspector.

HUD Label/Tag The tag is a 2x4" aluminum insignia plate that is attached to the lower rear corner of each transportable unit. The first three alpha characters letters identify the third party independent inspection agency (IPIA) that inspected the home while it was under construction. A series of 6-7 numbers follow the IPIA. While the numbers are generally sequential on multiple units, this is not a requirement. The HUD Label is essentially the Social Security Number of the manufactured home and will tell you the Manufacturer, the date of manufacture and where the home was shipped to. All FHA-insured loans will require proof of the HUD Label number. If a label is missing or unreadable, most lenders will accept an IBTS letter.

Ice and Water Shield – A water proof membrane that adheres to the deck of your roof or siding. The membrane resists water penetration due to water back-up behind ice dams or wind driven rain. It also offers leak protection in trouble prone spots like valleys, skylights, protrusions and other flashing areas.

IPIA (In-house Primary Inspection Agency)The third party agency that inspects each manufactured home within the factory setting to make sure the construction standards comply with the national code.

Manufactured Home A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the federal Manufactured home Construction and Safety Standards making it a HUD home.

Outrigger An integral part of the chassis, the outrigger projects laterally from the longitudinal frame members. On many manufactured homes, the outriggers are generally placed about 8' on center and give strength to the exterior walls.

R-Value is a measure of the capacity of a material, such as insulation, to impede heat flow, with increasing values indicating a greater capacity.

Slope The fall (pitch) of a line of pipe in reference to a horizontal plane. In drainage, the slope is expressed as the fall in units vertical per unit horizontal (percent) for a length of pipe.

UFAS – UFAS sets standards for facility accessibility by physically handicapped persons for Federal and federally-funded facilities. These standards are to be applied during the design, construction, and alteration of buildings and facilities to the extent required by the Architectural Barriers Act of 1968, as amended.

Vent Openings in the skirting to provide under-floor ventilation.

HSFEHQ-12-R-0002 Section C

C-6

SECTION D - PACKAGING AND MARKING

D.1 FINAL PACKAGE REQUIREMENTS

Each manufactured home shall be fit with a HUD Label/Tag as required by 24 CFR 3280, and shrink wrapped if FEMA exercises the option for shrink wrap.

HSFEHQ-12-R-0002

See RUGGED BASE PERFORMANCE REQUIREMENTS – ATTACHMENT 2

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

E.2 52.209-4 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989) ALTERNATE I (JAN 1997)

(a) The Contractor shall deliver 1 unit of Manufactured Homes to the Government for first article inspection at the manufacturing facility; FEMA will notify the manufacturer at task order award when first article inspection will occur. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 3 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor -

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(j) The Contractor shall produce both the first article and the production quantity at the same facility.

E.3 INSPECTION AND ACCEPTANCE

FEMA will, at its discretion, inspect some or all of the THUs delivered under this contract, either at the contractor’s facility or upon delivery, or both. The inspection will consist of a review of visible items at any time during the manufacturing process. FEMA may also require inspection of all utility systems and appliances, after full power up of the THU at the contractor’s facility, conducted at the contractor’s expense. An inspection checklist is attached to this contract; however, FEMA reserves the right to modify the checklist as the Agency determines the need to inspect different areas of the THU. Acceptance using the checklist does not remove the contractor’s responsibility for latent defects or other warranty items. The contractor must provide FEMA with a copy of all shipping documents including but not limited to the Bill of Lading.

If FEMA notifies the manufacturer that FEMA will be conducting first article inspection (See 52.209-4 First Article Approval - Government Testing, Alt I) the manufacturer shall notify FEMA 15 days prior to the completion of the first unit. FEMA will have a three (3) day window from the date provided by the manufacturer to conduct first article inspection. First article inspection does not relieve the manufacturer of any other type of inspection described in the solicitation and the FEMA Rugged Base Performance Requirements.

E.4 QUALITY ASSURANCE AND SURVEILLANCE

The contractor shall have a well documented quality control program. The quality program, including; procedures, processes and product shall be documented and shall be subject to review by the Government Representative. The program shall assure that adequate quality is implemented throughout all areas of contract performance; for example; design, development, fabrication, processing, assembly, inspection, testing, packaging, and shipping. All supplies and services under this contract, whether manufactured or performed within the contractor's plant or at any other source, such as a subcontractor or other partner, shall be controlled at all points necessary to assure compliance to contractual requirements.

E.5 QUALITY CONTROL PLAN

The contractor shall have a quality control plan which describes in detail how the manufacturer will assure high quality in its building process while meeting the delivery schedule. The plan shall also state how the contractor will verify that the homes are built to the HUD Code and the procurement specifications of this contract. The plan shall describe the manufacturer's quality assurance program, and contain a chart of the organization showing, by position, all personnel accountable for quality assurance, a list of tests and test equipment required, a station-by-station description of the manufacturing process, a list of inspections required at each station, and a list by title of personnel in the manufacturer's organization to be held responsible for each inspection. This plan will include the quality control processes relevant to any subcontractors or other partners, and how these partners will be managed and integrated into the overall quality control plan to ensure a comprehensive quality program to ensure the integrity of all manufacturing and quality processes. This plan must be provided as part of the contractor’s proposal as described in section L.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

F.2 PERIOD OF PERFORMANCE

The performance of the work for the contract shall commence at the time of contract award, and shall continue for (1) base year with (1) six month option period.

F.3 PRINCIPAL PLACE OF PERFORMANCE

The performance of the work for the contract shall commence at the Contractor’s facility, with delivery to locations specified in the Task Order

FEMA will facilitate the contractor’s access to FEMA facilities in order for the contractor to provide staff at the receiving location.

HSFEHQ-12-R-0002 Section F

F-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices and reports) submitted under this contract is subject to the following procedures:

(a) Subject Line(s) - All correspondence should contain a subject line, commencing with the contract number and subject matter. An example is illustrated below:

SUBJECT: CONTRACT NO. (Insert the contract number), REQUEST FOR SUBCONTRACT CONSENT.

(b) Technical Correspondence - Technical correspondence (as used herein, this term excludes correspondence where patent or proprietary data issues are involved or correspondence which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms, or conditions of this contract) should be addressed to the FEMA/Contract Specialist (CS), with an information copy of the correspondence to FEMA Contracting Officer Representative (COR).

G.2 GOVERNMENT CONTACTS FOR POST AWARD ADMINISTRATION

(a)FEMA Contracting Officer:

The Contracting Officer is the only official who can:

(1) assign additional work within the general scope of the Statement of Work of the contract;

(2) issue a change as defined in the "Changes" clause of the contract;

(3) cause an increase or decrease in the total estimated cost or the time required for contract performance;

(4) change any of the expressed terms, conditions or specifications of the contract; and

(5) accept non-conforming work.

(b) FEMA Contract Specialist for Administration:

The Contract Specialist should be used as the point of contact for all but technical related matters (see G.1).

The Contract Specialist for this contract is:

Name: Rahsaan Edwards Address: Acquisition Logistics Branch

FEMA

395 E Street, S.W., 5th Floor W82 Washington, DC 20472-3205 Telephone No.: (202) 646-5786

Any change in the FEMA Contract Specialist may be made administratively by letter from the Contracting Officer.

(c) FEMA COR The limitations of the COR authority are defined in the Section G, "Technical Direction" clause. The performance of work under this contract is subject to the direction of the COR in accordance with the "Technical Direction" clause of the contract. The COR should be used as the point of contact on all technical matters, send email to: Elsie.James-Tyree@fema.dhs.gov, cc: Rahsaan.Edwards@fema.dhs.gov.

Any change in the COR may be made administratively by modification to the contract from the CO.

G.3 INVOICES

SUBMISSION OF INVOICES OR VOUCHERS FOR PAYMENT

(a) Payments of invoices or vouchers submitted under this contract shall be made in accordance with FAR clause 52.232-10 "Payments Under Fixed Price" (AUG 1987) for Firm Fixed Price Task Orders in accordance with provisions of other clauses in this contract. The Contractor shall submit vouchers once each month (or more frequent intervals, if approved by the Contracting Officer), to the offices designated below. The contractor shall substantiate vouchers by evidence of actual payment and by individual daily job timecards, or other substantiation approved by the Contracting Officer.

(b) Invoices or vouchers, and any required supporting documentation, must be properly identifiable with the Name of contractor, date of the invoice/voucher, contract number, task order number, name and address or EFT information that payment is to be sent to, and the name, title and phone number of the point of contact at the contractor's facility in case of a defective invoice/voucher. Invoices/vouchers shall be submitted as follows:

(c) Payments of invoices or vouchers shall be subject to the withholding provisions of FAR clause 52.232-10 "Payments Under Fixed Price" (AUG 1987). In the event that the amounts are withheld from payment in accordance with provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.

(d) See additional invoicing instructions in Attachment 5.

G.4 PAYMENT DUE DATE

The due date is the date specified in the contract, or if no due date is specified in the contract, the due date shall be considered to be the 30th day from receipt of a proper invoice.

G.5 TASK ORDER PROCEDURES

A. Issuing of Task Order

A written or electronic notice will be issued by the Government prior to issuance of a formal written Task Order. The notice will specify the Government's requirement, authorize the Contractor to perform a preliminary assessment of the Government's requirement, and request a proposal for the required effort. The notice may also authorize the Contractor to begin work based on urgency. The notice will be limited to a specified timeframe and ordering amount.

B. Ordering Methods

a) The Government will order any services to be furnished under this contract by written tasks orders (FEMA Form 40-20) issued by the Contracting Officer, from the effective date of the contract through the expiration date of the contract.

b) A Standard Form 30 will be the method of amending task orders.

c) The Contractor will be required to deliver products and provide services as specified in the attached task order.

d) All task orders will be initiated by a task request.

e) The Contractor shall not begin any work without a signed task order by the Contracting Officer. However, in the event of a Presidential Declaration, task orders may be issued orally. If issued orally, a hard copy will follow within 72 hours.

f) Vendors will be given fair opportunity to be considered for each task order.

Upon signature by the Contracting Officer, each Task Order is considered fully executed, binding and ready for implementation. Each Task Order will be forwarded promptly to the Contractor and shall conform to all terms and conditions of the contract. Contractors have 2 days to confirm receipt of a Task Order, unless the order is issued during a disaster. Orders may be issued orally, electronically, or by facsimile methods. If issued orally, a hardcopy will follow. At a minimum, each Task Order shall include the following: contractor's name, contract number, task order number, contract task number and description of task, performance period, disaster number if applicable and location, cost of the Task Order and applicable accounting and appropriations data.

D. Completion of Task Orders.

Within ninety (90) days of physical completion of work under each Task Order, the Contractor shall submit a Final Voucher. The final voucher shall include a payment history, cumulative itemized costs, and classified certification. If additional time is needed, the Contractor shall submit a written request for a time extension that explains the extenuating circumstances.

E. Payment for Task Orders

If the Contractor is performing more than one Task Order simultaneously, separate invoices are required for each Task Order. Task Orders are only to be invoiced every 30 days.

F. Closeout of Task Orders

All task orders issued under this contract shall be closed out in accordance with FAR Subpart 4.805 and established FEMA policy. Upon completion of each Task Order and the receipt of the final voucher, the Government will begin closeout procedures.

G.6 DEFECTIVE OR IMPROPER INVOICES

Invoices not conforming to paragraph (a)(3) of contract clause FAR 52.232-25, Prompt Payment of Part II, Section I, of this contract, shall be deemed improper and thus defective. The Contractor shall provide the name or names (where practicable), title, phone number, office name, and complete mailing address of officials of the Contractor to be notified when the Government receives a defective or improper invoice to the Contract Specialist listed in G.3:

G.7 REMITTANCE ADDRESS

Contractor shall indicate in the space provided below the address which payment should be mailed if different from the contractor’s address: (To be completed at time of contract award.)

G.8 TECHNICAL DIRECTION

The Contracting Officer's Representative (COR) will provide technical direction on contract performance. Technical direction includes: (See also H.3)

(1) Direction to the Contractor to assist in accomplishing the requirements as indicated in the Statement of Work.

(2) Comments on and approval of reports and/or other deliverables.

(a) Performance of the work under this contract is subject to the written technical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction that--

(1) Constitutes an assignment of additional work outside the statement of work;

(2) Constitutes a change as defined in the changes clause;

(3) Constitutes a basis for any increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's rights to perform the terms and conditions of the contract.

(c) All technical direction shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within the COR's authority.

If, in the Contractor's opinion, any instruction or direction by the COR falls within any of the categories defined in paragraph

(b) above, the Contractor shall not proceed by shall notify the Contracting Officer in writing within 5 working days after receiving it and shall request the Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is--

(1) Rescinded in its entirety; or

(2) Within the requirements of the contract and does not constitute a change under the changes clause of the contract, and that the Contractor should proceed promptly with its performance.

(e) A failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the requirements of the contract and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.

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

(End of clause)

G.9 MODIFICATION AUTHORITY

As stated above and not withstanding any of the other provisions of this contract, a Contracting Officer shall be the only individual on behalf of the Government authorized to:

(e) Accept non-conforming work;

(f) Waive any requirement of this contract; or

(g) Modify any term or condition of this contract.

HSFEHQ-12-R-0002 Section G

G-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.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

H.2 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)--

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held--

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4- year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

[]it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

H.3 HSAR 3052.242-72…