Std 33 Solicitation HSFELA-09-R-0021 Update.doc

HSFELA-09-R-0021

SEALED BID(IFB)

FORMCHECKBOX

NEGOTIATED(RFP)

11/23/2009

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

SOLICITATION

(Hour)

(Date)

CAUTION:-LATE Submissions, Modifications, and Withdrawal: See Section L, Provision No. 52-214-7 or 52-215-1. All Offerors are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

OFFER(Must be fully completed by offeror)

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

12. In accordance with the above, the undersigned agrees, if this offer is accepted within calendar days(60) calendar days unless a different period is inserted by 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.

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

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

DUNS:

TIN:

15C.

CHECK IF REMITTANCE ADDRESS IS DIFFERENT

FROM ABOVE-ENTER SUCH ADDRESS IN SCHEDULE

AWARD(To be completed by Government)

FORMCHECKBOX

10 U.S.C. 2304(c) ( )

FORMCHECKBOX

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

U.S Department of Homeland Security

FEMA Finance Center(FFC)

PO Box 800

Berryville, VA 22611

(Signature of Contracting Officer)

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

Section B

Supplies Or Services and Price/Costs

The US Department of Homeland Security(DHS) is soliciting proposals to select a contractor(s) to deactivate, transport, or demolish and dispose of mobile home units in an end of lifecycle process requested their Logistics division.

It is anticipated that governmental task orders may be awarded to more than one vendor, one set of task orders awarded for trailers within Greater New Orleans and a second set of task orders awarded with Greater Baton Rouge and Erath or a single vendor may be selected to service for the entire South Louisiana area.

The period of performance is 01-04-2010 to 12-31-2010 plus three(3) one (1) year options at the discretion of the Government.

This solicitation is a Louisiana HubZone Company.

The North American Industry Classification System (NAICS) code is 561210 – Facility Support Services; size standard $14 million.

A firm fixed price indefinite quantity indefinite delivery (IDIQ) contract type is anticipated.

Closing time and date are December 18, 2009 at 4:30pm CST

In order to be considered for this contract the Contractor must attend a mandatory meeting on Wednesday, December 2, 2009 at 9:00 AM. The meeting will be at the RTA located at 2817 Canal Street, New Orleans, LA 70119.

You will receive pertinent information at that time and see a sample of the actual modular units to be deactivated. Please make sure you sign the log sheet when you arrive to be accounted for. Any questions you may have at the time should be written down and submitted electronically.

Only electronic submission of requests for clarification will be accepted. They shall be submitted to Jules Shabazz at jules.shabazz@dhs.gov. The government reserves the right not to provide an answer if your request for clarification is received after December 9, 2009. All responses will be provided electronically.

Section B

Supplies or Services and Price/Costs

NOTE 1 Offer must price each Contract Line Item Number (CLIN) below, no consideration will be given to an offer that does not make an offer on all line items except CLINS 0010, 0011, 0026, 0036 – Misc. Health and Safety & CLINS 0008, 0018, 0028, 0038 – Misc. Other

NOTE 2 These units are located throughout the parishes of Louisiana, however; may be transported to Selma, Alabama and Hope, Arkansas. See Map in the RFP.

NOTE 3 These unit quantities are only estimates.

January 4, 2010 – December 31, 2010

BASE YEAR

65 UNITS

Item Description Qty Unit Unit Price Total Price

PHASE IN PERIOD

TRANSPORTATION OF NON-

DEACTIVATION

RELOCATION

CLEAN AND MAKE READY

DISPOSAL OF PROPERY

SPLIT UNIT COST

MISC. PARTS & EQUIP. TRANSP.

MILEAGE OVER 150 MILES

HEALTH & SAFETY

MISCELLANEOUS OTHER

January 1, 2011 – December 31, 2011

OPTION YEAR 1

96 UNITS

Item Description Qty Unit Unit Price Total Price

TRANSPORTATION OF NON-

DEACTIVATION

RELOCATION

CLEAN AND MAKE READY

DISPOSAL OF PROPERY

SPLIT UNIT COST

MISC. PARTS & EQUIP. TRANSP.

MILEAGE OVER 150 MILES

HEALTH & SAFETY

MISCELLANEOUS OTHER

* Deliveries to Out of State Staging Areas Estimate 48 of 96 Units Section B

Supplies Or Services and Price/Costs

January 1, 2012 – December 31, 2012

OPTION YEAR 2

107 UNITS

Item Description Qty Unit Unit Price Total Price

TRANSPORTATION OF NON-

DEACTIVATION

RELOCATION

CLEAN AND MAKE READY

DISPOSAL OF PROPERY

SPLIT UNIT COST

MISC. PARTS & EQUIP. TRANSP.

MILEAGE OVER 150 MILES

HEALTH & SAFETY

MISCELLANEOUS OTHER

* Deliveries to Out of State Staging Areas Estimate 107 Units

January 1, 2013 – December 31, 2013

OPTION YEAR 3

152 UNITS

Item Description Qty Unit Unit Price Total Price

TRANSPORTATION OF NON-

DEACTIVATION

RELOCATION

CLEAN AND MAKE READY

DISPOSAL OF PROPERY

SPLIT UNIT COST

MISC. PARTS & EQUIP. TRANSP.

MILEAGE OVER 150 MILES

HEALTH & SAFETY

MISCELLANEOUS OTHER

* Deliveries to Out of State Staging Areas Estimate 152 Units

Section B

Supplies Or Services and Price/Costs

B.1 ITEMS TO BE ACQUIRED

The Contractor shall furnish all personnel, facilities, equipment, materials, supplies, and services (except set forth in the contract as furnished by the Government) and otherwise do all things necessary to, or incident to, performing and providing the services in accordance with the Performance Work Statement.

B.2 MAXIMUM AND MINIMUM FUNDING LIMITATION

The maximum funding limitation for this contract (inclusive of the aggregate price of all task orders issued) is $50,000,000.00. The guaranteed minimum under this contract is $50,000.00.

B.3 CONSIDERATION – FIXED PRICE

The total fixed price will be established for each task order using the fully burdened fixed unit rates (except for the CLIN 0001 – Phase In Period, CLINS 0006, 0016, 0026, 0036 – Misc. Health and Safety, and CLINS 0008, 0018, 0028, 0038 – Miscellaneous – Other) established under this contract.

B.4 CLIN PRICING SUMMARY

Period Description Time Total Price Base Period January 4, 2010 - December 31, 2010 362 Days $0.00

Option Year 1 January 1, 2011 - December 31, 2011 1 Year $0.00

Option Year 2 January 1, 2012 - December 31, 2012 1 Year $0.00

Option Year 3 January 1, 2013 – December 31, 2013 1 Year $0.00

Total Price All Periods

$0.00

Section C

DESCRIPTION SPECIFICATIONS

C. 1 PRICING/CLIN DESCRIPTIONS

The contract resulting from this solicitation will be an Indefinite Delivery, Indefinite Quantity (IDIQ) contract. Work shall be assigned to the contractor through task orders. The contractor shall provide a fixed price (FP) quote to perform the following CLINS:

All CLINs (Contract Line Items) (except CLIN 0010 Health & Safety and CLIN 0011 Miscellaneous) shall be priced. Each offeror shall use plug number $20,000.00 for CLIN 0010 and CLIN 0011. This is a Not to Exceed (NTE) amount.

CLIN 0001 (Phase In Period) – This will be Firm Fixed Price (FFP) CLIN. FEMA will provide an overview of project parameters, all work sheets, billing procedures, meeting with team members and other pertinent information pertaining to the project. Phase In Period will be a 1 day overview.

CLIN 0002 (Transportation of Non Salvageable Materials) – In instances wherein the Task Order directs that the temporary facility shall be scrapped on site and not returned to FEMA inventory, the contractor shall transport materials which will not be salvaged safely and lawfully to the nearest landfill facility which will accept the materials. The contractor shall use the most direct, legal route from origin to destination, taking into consideration city, parish, state, and federal transportation rules, regulations, ordinances, statutes, and codes. The Contractor shall be able to transport units intra or interstate.

CLIN 0003 (Deactivation) – The Contractor shall provide all labor, material, supplies, transportation and equipment for the deactivation of temporary facilities (trailers or modular buildings). Contractor will be advised by the COTR when deactivations are to occur. Deactivations will be considered complete only when contractor has conveyed the update to FEMA and after the staging yard has shown acceptance and the unit site is in a groomed condition. During movement of OMUs, all liability rests on the contractor until the unit has arrived at the FEMA staging area, except those excess costs that are caused by failure arising from causes beyond the control and without the fault or negligence of the Contractor or his agent. Examples of such causes include, but are not limited to, (1) acts of God or the public enemy, (2) acts of the Government in its sovereign or contractual capacity, (3) fires, (4) floods (5) epidemics, (6) quarantine restrictions, (7) strikes, and (8) freight embargoes. In each instance the failure to perform must be beyond the control and without the fault or negligence of the contractor.

CLIN 0004 (Relocation) – The OMUs are to be properly transported to theFEMA designated staging area or alternate location, if directed, in accordance with all Local, State, and Federal transportation laws and regulations. Upon arrival at staging area, OMUs will be placed in a FEMA designated parking area.

CLIN 0005 (Clean and Make Ready) – The Contractor shall clean and make ready all parts, equipment, supplies, and labor for delivery to staging area.

CLIN 0006 (Disposal of Property) – The Contractor shall dispose of all property designated by the COTR found inside the unit as needed.

CLIN 0007 (Split Unit Cost) – The Contractor will provide all parts, equipment, supplies, and labor to separate and tarp the assigned OMUs to make ready for safe transport according to all local, state and federal regulations.

CLIN 0008 (Misc. Parts & Equipment for Transport) – The Contractor shall provide all tires, axles, and any other missing equipment needed for transport. All supplies and equipment should be included in this CLIN.

CLIN 0009 (Mileage Greater than 150 miles during Deactivations/Hauling) – This will be a FFP CLIN. The contractor shall propose a per mile rate for miles traveled during deactivations and hauling greater than 150 miles. Mileage shall be determined as: one-way from the point of pick up to an assigned site using the most direct, legal route from origin to destination, taking into consideration state transportation regulations.

CLIN 0010 (Health & Safety) – This will be a Cost CLIN. Use plug number $20,000.00, a Not to Exceed Amount for CLIN 0010, Health and Safety for unforeseen circumstances that will be negotiated individually on a case-by-case basis.

CLIN 0011 (Miscellaneous Other) – This will be a Cost CLIN. Use plug number $20,000.00, a Not to Exceed Amount for CLIN 0008. Miscellaneous, for unforeseen circumstances that are not addressed within CLIN 0001-00010. The use of this CLIN will be negotiated on a case by case basis.

C.2 PERIOD OF PERFORMANCE

The Period of Performance will be 362 days for the base period, and three (3) option years. The periods of performance are as follows:

PHASE IN PEROD: Included in the Base Period – 1 day overview

BASE PERIOD: 362 days (January 4, 2010 through December 31, 2010

OPTION YEAR 1: (January 1, 2011 through December 31, 2011) OPTION YEAR 2: (January 1, 2012 through December 31, 2012)

OPTION YEAR 3: (January 1, 2013 through December 31, 2013)

C.3 APPLICABLE DOCUMENTS

· The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended

· Code of Federal Regulation Title 48, Federal Acquisition Regulations

· All applicable Federal, State, and Local laws, regulations, statutes and ordinances

· National Electrical Code (NEC)

· Uniform Federal Access Standards (UFAS)

· Federal Specification QQ-S-781 G for Type 1 Class B, Grade 1 strapping

· HUD Part 3280 Manufactured Home Construction and Safety Standards

· Wind Zone III

· Formosan Termite Initiative Act (LA R.S. 3:3391.1 through 3391.13)

· The Privacy Act

· Service Contract Act

C.4 STAGING SITE LOCATIONS

During transporting of the units, all liability rests on the contractor until the unit has arrived at the FEMA final designated destination, except those excess costs that are caused by failure arising from causes beyond the control and without the fault or negligence of the Contractor or his agent. Examples of such causes include (1) acts of God or the public enemy, (2) acts of the Government in its sovereign or contractual capacity, (3) fires, (4) floods (5) epidemics, (6) quarantine restrictions, (7) strikes, and (8) freight embargoes. In each instance the failure to perform must be beyond the control and without the fault or negligence of the contractor.

If not scrapped on site, the temporary facilities shall be delivered to one of the following addresses:

FEMA: Sherwood Forest Staging Area

2695 North Sherwood Forest Boulevard

Baton Rouge, LA 70814 FEMA: Lottie Staging Area

2733 Main Street

Lottie, LA 70756

FEMA: DeRidder Staging Area

365 Old Airport Road

DeRidder, LA 70639

FEMA: Melville Staging Area

Shell Road

St. Landry Parish (Melville), LA FEMA: Selma Staging Area

661 Selfield Rd.

Selma, AL 36703

FEMA: Hope Staging Area

3910 Hwy 278 W.

Hope, AR 71801

C.5 SAFETY

The Contractor shall furnish all required safety equipment and/or clothing, which may be required for personnel as mandated by Federal, State, and Local laws, regulations, statutes and ordinances.

The Contractor shall comply with the Department of Labor, Environmental Protective Agency and the Occupational Safety and Health Administration (OSHA) safety regulations, rules and requirements, as well as any Federal, State, (Parish) and Local laws, codes, statutes and ordinances.

C.6 CONTRACTOR PERSONNEL

The Contractor shall provide personnel possessing appropriate skill-sets for the work performed and the degree of skill of the individuals shall be commensurate with that required for the work. The Contractor shall use certified and licensed personnel to perform the work where licenses are required (i.e., plumber, electrician, and/or HVAC technician, etc.).

It shall be the Contractor’s responsibility to ensure that all subcontractor personnel meet or exceed all applicable Louisiana and parish standards for their industry and specialty and that all sub-contractors are provided a copy of this PWS and all information regarding work assigned (if applicable). The Prime Contractor is responsible for flow of information to the subcontractors at any tier level.

Section D

PACKAGING AND MARKING

There are no clauses in this section for this procurement.

Section E

INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252.-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252.2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER

TITLE

DATE

52.246-4

INSPECTION OF SERVICES-FIXED PRICE

AUG 1996

52-246-9

INSPECTION OF FACILITIES

APR 1984

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting officer or his/her duly authorized representative at:

For the purpose of this clause, the Contracting officer’s Technical Representative named in the Designation of Contracting Officer’s Technical Representative clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representative. Should such other designations occur, the Contractor will be notified by written notice.

Section F

DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252.-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252.2 for an internet address (if specified) for electronic access to the full text of a clause

NUMBER

TITLE

DATE

52.242-16

STOP WORK ORDER - FACILITIES

AUG 1989

52-247-34

F.O.B DESTINATION

NOV 1991

52.247-48

F.O.B DESTINATION - EVIDENCE OF SHIPMENT

FEB 1999

52.247-55

F.O.B POINT FOR DELIVERY OF GOVERNMENT-

JUN 2003

FURNISHED PROPERTY

F.2

PERIOD OF PERFORMANCE

The period of performance will be from 01/04/2010 to 12/31/2010 plus three (3) one (1) year options from the date of contract execution.

Section G

CONTRACT ADMINISTRATION DATA

G.1

DESIGNATION OF CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE(COTR)

The Contracting Officer, upon contract award, will designate in writing a Contracting Officer's Technical Representative (COTR). The COTR will provide on-the-ground administration of the contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or Government which will change the required delivery or completion times stated in the contract. The contract will then be modified accordingly. (This direction does not apply to individual task assignments which were issued by the COTR, provided they do not affect the delivery schedule or performance period stated in the contract). On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COTR requests effort outside the scope of the contract, the Contractor shall so advise the COTR. If the COTR persists and there still exists disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment, or necessitate submittal of a contract claim.

G.2 MANDATORY PARTICIPATION IN ELECTRONIC INVOICE PROCESS

a. Invoice submission to the FEMA Disaster Finance Center (DFC): The contractor shall mail a separated original hard copy of each invoice only (no supporting backup documentation) to the FEMA Disaster Finance Center (DFC) via the following:

If mailed:

If by courier:

FEMA DFC

FEMA DFC

PO Box 800

19844 Blue Ridge Mountain Rd.

Berryville, VA 22611

Bluemont, VA 20135-2006

b. Invoice submission to FEMA Louisiana Office: The contractor shall also send a soft copy of each invoice separately in PDF format as a file attachment in an email to FEMA-LATRO-INVOICE@dhs.gov.

c. Invoice submission to the Contracting Office: The contractor shall simultaneously submit an electronic copy of the invoice only, in PDF format, to: elaine.taylor@dhs.gov.

d. Invoice submission to the Contracting Officer’s Technical Representative (COTR): The Contractor shall simultaneously submit a hard copy of the invoice, with all supporting backup documentation, to the COTR at jeffrey.cavignac@dhs.gov.

G.3 TASK ORDER PROCEDURES

A. Contract Line Item Numbers marked with an asterisked in Section B of the contract shall be proposed with plug number $20,000.00 and will be negotiated and ordered on an as needed basis. When items are required utilizing the CLINs marked with an asterisked, the contractor will notify the COTR and provide a proposal for the item(s). The COTR will coordinate with the Contracting Officer, as appropriate, and determine if a task order will be issued to fulfill the requirement. The Contracting Officer may provide verbal authorization to proceed, pending issuance of a formal change order.

B. Performance. The Contractor shall perform in accordance with the terms and conditions of this contract and the Statement of Work. Work orders will be generated and maintained by the Contractor as a record of work actually accomplished. (Work orders shall not obligate the government in excess of the amount authorized.) Work orders may also be generated by FEMA and forwarded to the contractor for action.

Section H

SPECIAL CONTRACT REQUIREMENTS

H.1 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSON WITH DISABILITIES

The Contractor agrees as follows:

(a) Planning. The Contractor will develop a plan to assure that any meeting, conference, or seminar held pursuant to the contract will meet or exceed the minimum accessibility standards set forth below. This plan shall include a provision for ascertaining the number and types of disabled individuals planning to attend the meeting, conference, or seminar. The plan shall be submitted to the Contracting officer for approval prior to initiating action. A consolidate or master plan for contract requiring numerous meetings, conferences, or seminars may be submitted in lieu of separate plans.

(b) Facilities. Any facility to be utilized for meetings, conferences, seminars in performance of this contract shall be accessible to persons with disabilities, The Contractor shall determine, by an onsite inspection, if necessary, that the following minimum accessibility requirements are met, or suitable modification are made to meet these requirements before the meeting;

(1) Parking. (i) Where parking is available on or adjacent to the site on 12’ wide space must be set aside for the car of each mobility impaired attendee. The space need not be permanently striped but may be temporarily marked by signs, ropes, or other means satisfactory to carry out this provision.

(ii) Where parking in not available on or adjacent to the site, valet parking or other alternative means must be available to assist disabled attendees. Alternate means must be satisfactory in the judgment of the Contracting Officer.

(2) Entrances. (i) “Entrances” shall include at least one accessible entrance form the street/sidewalk level, and at least one accessible entrance from any available parking facility.

(ii) The entrance shall be level or accessible by ramp with an incline that allows independent negotiation by a person in a wheelchair. In general, the slope of the incline shall be no more than 1” rise per foot of ramp length (1:12).

(iii) Entrance doorways shall be at least 30” in clear width and capable of operation by persons with disabilities. Revolving doors, regardless of fold back capability, will no meet this requirement.

(3) Meeting Rooms (i) Meeting room’s access from the main entrance area must be level or at an independently negotiable incline (approximately 1:12) and /or served by elevators for the main entrance level. All elevators shall be capable of accommodating a wheelchair 29” wide by 45” long.

(ii) Meeting rooms shall be one level or, if on different levels, capable of being reached by elevators or by ramps that can be independently negotiated by a person in wheelchair. Doorways to all meeting rooms shall be at least 30” in clear width.

(iii) The interior of the meeting room shall be on one level or ramped so as to be independently negotiable for a person in a wheelchair.

(iv) Stages, speaker platforms, etc. which are to be used by person in wheelchairs must be accessible by ramps or lifts. When used, the ramps may not necessarily be independently negotiable if space does not permit. However, any slope over 1:12 must be approved by the Contracting Officer. Each case is to be judged on it own merits.

(v) If a meeting room with fixed seating is utilized, seating arrangements for person in wheelchairs shall be made so that these persons are incorporated into the group rather than isolated on the perimeter of the group.

(4) Restrooms. (i) Restrooms shall be level access, signs indicating accessibility, and doorways at least 30” in clear width.

(ii) Sufficient turning space within restrooms shall be provided or independent use by a person in a wheelchair 29” wide by 45” long. A space 60” or 63” by 56” of unobstructed floor space as measured 12” above the floor is acceptable by standard; other layout will be accepted if it can be demonstrated that they are usable as indicated.

(iii) There will be restroom for each sex or a unisex restroom with at least on toilet stall capable o f accommodating a wheelchair 29” wide by 45” long (by standard, the minimum is 3’-0” by 43’- 83”), with out swinging door or private curtains. Wall mounted grab bars be required.

(iv) When separate restrooms have been set up for mobility impaired persons, they shall be located adjacent to the regular restrooms and shall be fully accessible.

(5) Eating facilities. (i) Eating facilities in the meeting facility must be accessible under the same general guidelines as are applied to meeting rooms.

(ii) If the eating facility is a cafeteria, the food service area (cafeteria line) must allow sufficient room for independent wheelchair movement and accessibility to food for person in wheelchairs, and cafeteria staff shall be available to assist disabled persons.

(6) Overnight Facilities. If overnight accommodations are required:

(i) Sufficient accessible guest rooms to accommodate each attendee who is disabled shall be located in the facility where the meeting, conference, or seminar is held, or in a facility housing the attendees which is conveniently located hereby, whichever is satisfactory to the Contracting Officer.

(ii) Overnight facilities shall provide for the same minimum accessibility requirements as the facility utilized for guest room access form the main entrance areas shall be leer, ramped at an independently negotiable incline (1:12), and/or served by elevators capable of accommodating a wheelchair 29” wide by 45”long.

(iii) Doorways to guest rooms, including the doorway to the bathroom, shall be at least 30” I clear width.

(iv) Bathrooms shall have wall mounted grab bars at the tub and water closet.

(v) Guest rooms for persons with a disability shall be provided at the same rate ad a guest room for other attendees.

(7) Water Fountains. Water Fountains shall be accessible to disabled persons, or have cup dispensers for use by persons in wheelchairs.

(c) Provisions of Services for Sensory Impaired Attendees.

(1) The Contractor, in planning the meeting, conference, or seminar shall include in all announcements and other material pertaining to the meeting, conference, or seminar a notice indicating that services will be made available to sensory impaired persons attending the meeting, if requested within five (5) days of the date of the meeting, conference, or seminar. The announcement(s) and other material(s) shall indicate that sensory impaired persons may contact a specific person(s), at a specific address and phone number(s), to make their service requirements known. The phone number(s) shall include a teletype number for the hearing impaired.

(2) The Contractor shall provide, at no cost to the individual, those services required by persons with sensory impairments to ensure their complete participation in the meeting, conference, or seminar.

(3) As a minimum, when requested in advance, the Contractor shall provide the following service.

(i) For hearing impaired persons, qualified interpreters. Provisions will also be made for volume controlled phone lines and, if necessary, transportation to local teletype equipment to enable hearing impaired individuals to receive and send meeting related calls. If local teletype equipment is not available, the Contractor shall provide on-site teletype equipment. Also, the meeting rooms will be adequately illuminated so signing by interpreters can be easily seen.

(ii) For vision impaired persons, readers and/or cassettes materials, as necessary, to enable full participation. Also, meeting rooms will be adequately illuminated.

(iii) Agenda and other conference material(s) shall be translated into a usable form for the visually and hearing impaired. Readers, Braille translation, and/or tape recording are all acceptable. These materials shall be available to sensory impaired individuals upon their arrival.

(4) The Contractor is responsible for making every effort to ascertain the number of sensory impaired individuals who plan to attend the meeting, conference, or seminar. However, if it can be determined that there will be no sensory impaired person (deaf and/or blind) in attendance, the provision of those services under paragraph (c) for the non-represented group or groups is not required.

H.2 REPRODUCTION OF REPORTS

Reproduction of reports data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages time’s copies. A production unit is one sheet, size 8 1/2X11 inches or less, printed on one side only, and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters, and plates which are to be used on single unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 ¾ by 14 ¼ inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducible (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written materials.

H.3 COORDINATION OF FEDERAL REPORTING SERVICES

In the event that it is a contractual requirement to collect information from 10 or more public respondents, the provisions of 44 U.S.C. Chapter 35 (Coordination of Federal Reporting Requirement), shall apply to this contract. The contractor shall obtain through the Project Officer the required Office of Management and Budget clearance before making public contacts for the collection of data or expending any funds for such collection. The authority to proceed with the collection of data from public respondents and the expenditures of funds therefore, shall be in writing signed by the Contracting Officer.

H.4 PUBLICATION

(a) Definition. For the purpose of this clause “publication” includes (1) any document containing information intended for public consumption or (2) the act of, or any act which may result in, disclosing information to the public.

(b) General. The results of the research and development and studies conducted under this contract are to be made available to the public through dedication, assignment to the Government or other such means as the Director of the Federal Emergency Management Agency shall determine.

(c) Reports furnished to the Government. All intermediate and final reports of the research and development and studies conducted hereunder shall indicate on the cover or other initial page that the research and development and studies forming the basis for the report were conducted pursuant to a contract with the Federal Emergency Management Agency. Such reports are official Government property and may not be published or reproduced (into in verbatim excerpt or in a form of approximating either of these) as an unofficial paper or article. The contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish such reports in whole or in part in a non-Government publication only in accordance with this paragraph (c) and paragraph (e)(1) of this clause.

(d) Publication by Government. The Government shall have full right to publish all information, data, and finding developed as a result of the research and development and studies conducted hereunder.

(e) Publication by contractor or technical personnel.

(1) Publication in whole or part of contractor’s reports furnished to the Government. Unless such reports have been placed in the public domain by Government publication, the contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish a report furnished to the Government in toot or in verbatim excerpt, but consistent with paragraph (c) of this clause may not secure copyright therein, subject to the following conditions and the conditions in paragraph (e)(4) and paragraph (f).

(i) During the first six months after submission of the full final report, if written permission to publish is obtained from the Contracting officer.

(ii) After six months following submission of the full report, and if paragraph (e) (3) is inapplicable, if a foreword or footnote in the non-Government publication indicates the source of the verbatim material

(2) Publication, except verbatim excerpts, concerning or based in whole or in part on results of research and development and studies hereunder. The contractor or technical personnel may issue a publication concerning or based in whole or in part on the results of the results of the research and development and studies conducted under this contract and may secure copyright therein, but in so publishing is not authorized thereby to inhibit the unrestricted right of the Director of the Federal Emergency Management Agency to disclose or publish, in such a manner as he may deem to be in the public interest, the results of such research and development and studies to the following condition and the requirement in paragraph (e)(4):

(i) During the first six month after submission of the full final report, and if paragraph (e) (3) is inapplicable, if written waiver of the waiting period is obtained from the Contracting Officer.

(ii) After six months following submission of the full final report, and if paragraph (e)(3) is inapplicable, subject to Government exercise of an option that the publication contain a foreword or initial footnote substantially as follows: The (research) (development) (studies) forming (part of) the basis for this publication were conducted pursuant to a contract with FEMA. The substance of such (research) (development) (studies) is dedicated to the public. The author and publisher are solely responsible for the accuracy of statements or interpretations contained therein.

(3) General conditions if FEMA determines that contractor’s final report contain patentable subject matter developed in contract performance. If the Contracting Officer determines that the contractor’s full final report contains patentable subject matter developed in the performance of this contract and so notifies the contractor in writing prior to six months from date of submission of such report, no publication of verbatim excerpts from contractor’s reports or publication concerning or based in whole or in part on the results of the research and development and studies here under shall be made without the written consent of the Contracting Officer.

(4) Copies of contractor and technical personnel publication to be furnished the Government. The contractor or technical personnel will furnish the contracting officer six copies of any publications which are based in whole or in part on the results of the research and development and studies conducted under this contract.

(f) Administratively confidential information. The contractor shall not publish or otherwise disclose, except to the Government and except matters of public record any information or data obtained hereunder from private individuals, organization, or public agencies in a publication whereby the information or data furnished by any particular person or establishment can be indentified, except with the consent of such person or establishment.

(g) Inclusion of provisions in contractor’s agreement. The contractor shall include provisions appropriate to effectuate the purposes of this clause in all contracts of employment with persons who perform any part of the research or development or study under this contract and in any consultant’s agreement or subcontracts involving research or development and studies hereunder.

H.5 GOVERNMENT-FURNISHED PROPERTY/EQUIPTMENT

In accordance with the Government property clause of this contract, the Government shall provide, for performance of the effort required, the following:

Item No.

Item Description

Quantity

Availability Date

H.5.1 GOVERNMENT–FURNISHED PROPERTY/EQUIPTMENT DISPOSAL

Prior to the disposal of unserviceable property/equipment the contractor shall coordinate with the FEMA COTR to properly receive Accountability Property Office (APO) approval and sign off on all required documents for the disposal of unserviceable property/equipment. In accordance with FAR 52.245-2 Government Property Installation Operation Services, the Contracting Officer abandons all Government rights and title to unserviceable and scrap property/equipment resulting from contract performance. Upon notification to the contractor from the Contracting Officer or COTR, the contractor shall remove such property and dispose at contractor expense. Contractor shall comply with all applicable laws (Government and State) and regulations (Government and State) in the performance of disposing unserviceable property/equipment. Any violation associated with the disposal of unserviceable property/equipment is the sole responsibility of the contractor.

H.6 HSAR 3052.245-70 GOVERNMENT PROPERTY REPORTS (DEC 20030

(a) The Contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors. The 49 Field Report will be acceptable.

H.7 CONFIDENTIALITY OF INFORMATION

(a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that--

(1) At the time or receipt by the Contractor, is in the public domain

(2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain through not fault of the Contractor.

(3) The Contractor can demonstrate was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies.

(4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold in confidence.

(b) The Contractor shall obtain from each employee permitted access a DHS Form 11000-6, Non Disclosure Agreement, stating that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor’s organization or the Government directly concerned with the performance of the contract. The DHS form 11000-6 is provided as Attachment F under Section J of Part III of the contract.

H.8 KEY PERSONNEL

The personnel and/or facilities listed below (or as specified in the Schedule of this contract) are considered essential to the work being performed hereunder. Prior to removing, replacing, or diverting any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer reasonably in advance (but not less than 30 days) and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer.

The following individuals are considered essential to the work to be performed under this contract.

Position/ Title

Name

Program Manager

Deputy Program Manager

Quality Control

H.9 SECURITY REQUIREMENTS

a. Contractor employees working on this contract must complete such forms and supply such information, as may be determined by the agency, to be necessary for security or other reasons, including the conduct of background investigations to determine suitability or eligibility. High and Moderate Risk position require that an applicant fingerprint card (FD-258), United States of American Authorization to Obtain Consumer (Credit) Report, a Questionnaire for Public Trust Positions (SF85P), and a Non-Disclosure Agreement Statement shall be completed, submitted, and processed as directed by the Contracting Officer for each contractor working on this contract. Low Risk positions require only the FD-258 and the SF85P.

b. The scope of the suitability screening (as determined by the COTR) will depend on the risk level of the contractor position. The DHS FEMA Safety & Security Branch, Personnel & Information Security Section shall adjudicate information received as a result of the fingerprint check and OPM background investigation; unless same has been previously adjudicated by the DHS Officer of Security or other authorized security office.

c. Access to DHS FEMA facilities, personnel, assets, resources, clients, emergency partners, and sensitive information including proprietary data or resources, requires that contractors employees be in possession of an approved current DHS FEMA identification badge. No contractor employee shall be allowed unescorted access to a DHS FEMA facility or other area subject to security regulations without a favorable suitability determination by DHS FEMA Safety & Security Branch, Personnel & Information Security Section, the DHS Office of Security or other authorized security office.

d. Contractor employee awaiting completion of the background investigations may commence work, in an escorted capacity, after a favorable fingerprint check, as authorized by the Contracting Office.

e. Issuance of a DHS FEMA approved identification badge (unescorted access) is contingent upon obtaining a favorable background investigation.

f. The Contracting Officer may direct the contractor to exclude, from working on this contract, any employee found or deemed to be unsuitable or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of national security.

g. The Contractor shall arrange with its employees for return, to the COTR, of any DHS or FEMA-issued identification badges that have either expired or have been collected from terminated or departing contractor employees.

h. DHS FEMA shall exercise full control over granting, denying, withholding or terminating unescorted access to all DHS FEMA facilities, assets, systems, and information based upon the results of a background investigation/check.

i. Contractor employees in High Risk positions shall be investigated every five years. Contractor employees in Moderate or Low Risk positions are not required to be reinvestigated unless specific derogatory information is received that would warrant reinvestigation. The DHS FEMA Safety & Security Branch, Personnel & Information Security Section, will initiate reinvestigations.

j. Each employee of the contractor shall be a citizen of the United States of America.

k. The contractor shall include the substance of this language in all subcontracts at any tier where the subcontractor requires access to government facilities, IT systems, sensitive information or resources.

l. The scope of this clause does not extend to classified contracts or contractors employees who require a security clearance.

H.10 WAGE DETERMINATION

In performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determinations Number dated below. Wage determinations are available online at www.dol.gov. See Section J Attachment E.

Wage Determinations are required for all parishes in the State of Louisiana, as follows:

2005-2229 revision 8, dated 8/04/09

2005-2231 revision 8, dated 9/08/09

2005-2233 revision 10, dated 10/15/09

2005-2235 revision 8, dated 10/27/09

2005-2505 revision 9, dated 11/03/09

H.11 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed in the state of Louisiana, Alabama, and Arkansas.

H.12 INSURANCE

A. Notwithstanding the provisions of the clause entitled “Insurance-Liability to Third Persons” listed in Section I of this Contract, the Contractor is responsible for errors and omissions committed by its during the term of this contract as provided for in this Section.

B. The type of errors and omissions covered under this Section include but are not limited to those:

(1) Resulting from ADP, data entry and clerical portions of work:

(2) Resulting from duplicate payments, excess payments, and payments made in error:

(3) Resulting from failure to adhere to written policy directives of the Administrator:

Nothing in this Section shall limit any rights of the Government for breach of contract by the Contractor or any other claims by the Government against the Contractor.

C. The limits of the Contractor’s liability under this Section shall be two hundred fifty thousand dollars (250,000) per claim. In this context, a claim shall be deemed to severally pertain to each incident, each building, contents of each building, or each coverage. The foretasted liability limits shall cover actual damages and all expenses incidental to such liabilities (including costs and reasonable attorney’s fees).

D. The Contractor shall not be liable for:

(1) Any negligent conduct or omission by FEMA which materially and directly contributes to such liability.

(2) liabilities which result from the Contractor acting prudently in accordance with the Contract and within it’s scope; or as a result of following any instructions, guidelines or information issued by any FEMA employee or agent who was authorized in writing under this contract to issue such instruction, guidelines, or information;

(3) Any liability in excess of the dollar limits set forth within this Section, except as provided in E below;

E. In any event, the Contractor shall be liable for all liabilities which results from willful misconduct, gross negligence, or lack of good faith on the part of any of the Contractor’s directors or officers, or on the part of any of its managers, superintendents, agents, servants or employees. Such liability is not limited to any dollar limitations set forth in this Section or elsewhere.

F. (1) The Contractor shall be reimbursed for the reasonable cost of investigation of errors and omissions claims, in any event. Investigation, as used herein, includes those steps required to examine and inquire into, with care and accuracy, those circumstances surrounding the alleged error or omission in order for the Government to make an initial determination as to whether the Contractor is liable for the error or omission. It shall be the primary responsibility of the Contractor to conduct, in an efficient and timely manner, such investigation and to present all pertinent documents, papers, reports and information pertaining to the investigation to the Government for an initial determination of liability.