HSFEMW-12-R-0001 2.15.2012.pdf

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Attached to
National Continuity Programs (NCP) Program and Mission Support Services (PAMSS) Federal contract opportunity
Solicitation number
HSFEMW-12-R-0001
Issued by
Federal Emergency Management Agency National Community Section

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RFP HSFEMW-12-R-0001

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Amendment 2 to HSFEMW-12-R-0001 3.14.2012.pdf PDF
QUESTIONS AND RESPONSES 3.14.2012.pdf PDF
QUESTIONS AND RESPONSES 3.12.2012.pdf PDF
Amendment 1 to HSFEMW12R0001 3.9.2012.pdf PDF
QUESTIONS AND RESPONSES 3.8.2012.pdf PDF
Questions Responses 3.2.2012.docx DOCX document
Questions Responses 2.29.2012.docx DOCX document
Questions Responses 2.22.2012.pdf PDF
HSFEMW-12-R-0001 Attachments 2.15.2012.pdf PDF
Questions and Responses 12 15 2011.pdf PDF
PAMSS SOW 11.18.2011.pdf PDF
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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

1 Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government)

1 N/A 76

HSFEMW-12-R-0001

X

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER

ATTN: Dan Carroll 540-542-2304

19844 BLUE RIDGE MOUNTAIN ROAD

MT WEATHER VA 20135-2006

Federal Emergency Management Agency Mt. Weather Emergency Operations Center Attn: Dan Carroll Bldg 772 19844 Blue Ridge Mountain Rd.

Mt. Weather VA 20135-2006

1:00 pm EST 03-19-2012

Dan Carroll 540-542-2304 daniel.carroll1@dhs.gov

FEMA Finance Center Payment Inquiries: 540-504-1899

P.O. Box 9001 Winchester VA 22604

CONTRACTING OFFICER

HSFEMW-12-R-0001

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SF 33 SOLICITATION, OFFER AND AWARD

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE………

B.2 MINIMUM AND MAXIMUM AMOUNTS…………………………………

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

[For this Solicitation, there are NO clauses in this Section]

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE……….………9

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE………………....….10

F.2 EFFECTIVE PERIOD OF CONTRACT…………………………………………………………………..10

F.3 PLACE OF PERFORMANCE………………………………………………………………………..……10

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

G.2 ORDERING – BY DESIGNATED CONTRACTING OFFICIALS

G.3 TASK ORDER PROCEDURES……………………………………………………………………..12

G.4 INVOICES……………………………………………………………………………………

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE OF HYBRID CONTRACT

H.2 GOVERNMENT CONTRACTOR RELATIONS – NON-PERSONAL SERVICES………………18

H.3 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

H.4 TECHNICAL DIRECTION

H.5 OPTION PERIODS AND CEILINGS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.234-4 EARNED VALUE MANAGEMENT SYSTEM (JUL 2006)

I.3 HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)

I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING…………….26

RESPONSIBILITY MATTERS (JAN 2011)

I.5 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

ALTERNATE I (OCT 2009)

I.6 52.216-18 ORDERING (OCT 1995)

I.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

I.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

I.10 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JULY 2005)

ALTERNATE II (OCT 2001)(DEVIATION)

I.11 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (APR 2009)

I.12 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.13 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEC 2010)

I.14 52.227-3 PATENT INDEMNITY (APR 1984)

I.15 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS

FOR AUDIT (FEB 2006)

I.16 52.249-14 EXCUSABLE DELAYS (APR 1984)

I.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.18 HSAR 3052.204-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (JUN 2006)

I.19 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

ALTERNATE I (JUN 2006)

I.20 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH

CORPORATE EXPATRIATES (JUN 2006)

I.21 HSAR 3052.209-72 ORGANIZATIONAL CONFLICT OF INTEREST

(JUN 2006)

I.22 HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL

REPRESENTATIVE (DEC 2003)

I.23 HSAR 3052.209-73 LIMITATION OF FUTURE CONTRACTING (JUN 2006)

I.24 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

I.25 52.204-2 SECURITY REQUIREMENTS (AUG 1996)………………………………………… 51

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEPT 2007)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(MAY 2011)

K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS (APR 2010)

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JAN 2011)

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

K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.8 52.225-2 BUY AMERICAN ACT CERTIFICATE (FEB 2009)

K.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS………………………65

OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

L.2 SUBCONTRACTING PLAN GOALS

L.3 52-215-22 LIMITATIONS ON PASS-THROUGH CHARGES—IDENTIFICATION………… .67

OF SUBCONTRACT EFFORT (OCT 2009)

L.4 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 PROPOSED CONTRACT START DATE

L.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

L.8 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

L.9 TECHNICAL QUESTIONS

L.10 SUBCONTRACTING PROGRAM PLAN FOR UTILIZATION OF

SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

L.11 INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS

L.12 INSTRUCTIONS FOR THE DELIVERY OR PROPOSALS

L. 13 NUMBER OF CONTRACT AWARDS AND IDENTIFICATION OF CONTRACT

AWARDS RESERVED FOR SMALL BUSINESS CONCERNS………………………………74

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE

M.2 EVALUATION OF SUBCONTRACTING PLAN

M.3 SOURCE EVALUATION AND SELECTION PROCEDURES………………………………..…75

M.4 EVALUATION FACTORS FOR AWARD……………………………………………………..…76

B.1 PRICE/COST SCHEDULE

Fully loaded, fixed labor rates for the Base Period and each Option Year of the contract are detailed in Attachment _(to be filled in at award)_ to this contract. Those same fixed rates shall be used to price all Task Orders, Time and Materials (T&M) and Firm Fixed Price (FFP), issued under this contract, and shall be utilized for payment purposes of T&M Task Orders for the duration of the contract. Those rates cover all expenses, including report preparation, salaries, overhead, fringe benefits, general and administrative expenses, and profit. Labor will not be reimbursed as an Other Direct Cost (ODC) unless authorized in writing by the Contracting Officer.

For T&M Task Orders: The Contractor shall invoice only for the time of the personnel whose services are applied directly to the work called for in individual Task Orders and accepted by the COR. The Government shall pay the Contractor for the life of a Task Order at the rates in effect when the Task Order was issued, even if performance under the Task Order crosses into another period. The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked, and work performed by each individual on all Task Orders.

For Firm Fixed Price Task Orders: Firm Fixed Pricing will be established for each Task Order.

The payment schedule may be in equal, monthly payments, or as otherwise specified in the individual Task Order. The Contractor will not be paid in excess of the established Firm Fixed Price for each Task Order.

B.2 MINIMUM AND MAXIMUM AMOUNTS

(a) During the Base Period, the Government shall place orders totaling a minimum of $50,000 for this contract.

(b) The maximum that than can be ordered during the Period of Performance of this contract is _(to be filled in at award)_.

(c) The Contracting Officer will follow the Task Order procedures set forth in Section G.3

TASK ORDER PROCEDURES.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

The Statement of Work for this contract is listed in Section J and is contained in Attachment 1 to this RFP.

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

$ 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996

& 52.246-6 INSPECTION--TIME-AND-MATERIALS AND MAY 2001

LABOR-HOUR

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 www.acquisition.gov/far for electronic access to the full text of a clause.

NUMBER TITLE

DATE

$ 52.242-15 STOP-WORK ORDER AUG 1989

F.1 EFFECTIVE PERIOD OF CONTRACT

The effective period of this contract is as follows:

Period From To

Base period Date of Award 12 Months After Award

F.2 PLACE OF PERFORMANCE

The work required under this contract shall be completed in accordance with the locations specified in the individual Task Orders.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Dan Carroll Phone: 540-542-2304 Fax: 540-542-2632

Contracting Officer's Technical Representative:

Name: TBD Phone:

Fax:

G.2 ORDERING—BY DESIGNATED CONTRACTING OFFICIALS

(a) The Government will order any supplies and services to be furnished under this contract by issuing Task Orders on Optional Form 347, or an agency prescribed form, from the effective date of the contract through the expiration date of the contract.

Task Orders will only be issued by a Contracting Officer.

(b) A Standard Form 30 will be the method of modifying Task Orders.

(c) Each T&M type Task Order will have a ceiling price, which the Contractor may not exceed. For Time and Materials type tasks orders: when the Contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next (30) days, will bring the total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative (COR) in writing.

G.3 TASK ORDER PROCEDURES

(a) One or more Task Orders (TOs) will be issued during the performance of this contract.

In accordance with the Federal Acquisition Streamlining Act and FAR 16.505(b), the Contracting Officer will give each awardee a fair opportunity to be considered for each order in excess of $3,000, except as provided in Paragraph (b)(2) of this section.

Procedures and selection factors to be considered for each TO that provides fair opportunity are set forth in (b) and (c) below:

(b) Procedures providing a fair opportunity for consideration on each requirement

(1) The Government will provide all awardees a fair opportunity to be considered for each order. This opportunity will be provided through the Governments’ examination of existing information already in the Government’s possession, such as an awardee’s original proposal (labor rates, technical/management capabilities, etc.), demonstrated expertise in a specialized area beyond that of the awardees, and/or current past performance reports (including the Contractor’s original proposal data if it is the most current data the Government possesses.) As work proceeds under this contract, the Government will rely more upon recent task order performance reports than on past performance records submitted with the original proposal to the maximum extent possible).

(2) Exceptions to fair opportunity consideration. Awardees may not be given an opportunity to be considered for a particular requirement when the Contracting Officer determines one of the following conditions apply:

(i) The agency need for the services is so urgent that providing the opportunity would result in unacceptable delays;

(ii) Only one contractor is capable of providing the services at the level of quality required because the services are unique or highly specialized;

(iii)The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the subject contracts, provided that all awardees were given a fair opportunity to be considered for the original order; or

(iv) It is necessary to satisfy a minimum guarantee; or

(v) It is known that a contractor has an unacceptable conflict of interest.

(vi) In accordance with FAR 19.502-4(c), certain Task Orders may be set aside for competition among small business awardees.

(3) Small Business Set-Aside Tasks The Contracting Officer may determine that certain Task Orders shall be set-aside for competition only among the small business awardees. In such a case, the fair opportunity competition may be limited to just the small business awardees.

(c) Proposal process for Selected Multi-Awardees

(1) Contracting Officer will issue a Task Order proposal request to those awardees selected for consideration. The proposal request will include a Statement of Work (SOW) that includes a detailed description of work to be accomplished, a listing of the deliverables, and additional information as appropriate. The proposal request will also include specific instructions for the submission of proposals, the Task Order type (Firm Fixed Price or Time and Materials), the selection criteria factors and other information deemed appropriate.

(2) Awardees will generally be allowed between 7 and 14 calendar days to prepare and submit proposal. However, more or less time may be necessary, based on the requirements. The due date shall be set forth in each Task Order proposal request.

Awardees may “NO BID” at their own discretion. However, all “NO BIDS” must include a brief statement as to why the awardee has chosen not to participate.

(3) Bid and proposal (B&P) Costs B&P costs of preparing a Task Order proposal will not be reimbursed as a direct cost to this contract.

(4) Technical Proposals Written technical proposal requirements may include the following information:

Technical Approach Personnel Quantities/Hours of personnel by labor category Other Direct Costs Risks Schedule Teaming Arrangements, if applicable

The technical proposal information should be brief, i.e., 3-5 pages stating compliance or exception to TO requirements, risks, assumptions, and conflict of interest issues.

Proposals shall not merely restate Task Order SOW requirements.

(5) Price Proposals A written price proposal will be required for each Task Order. This part of the proposal shall include detailed pricing amounts for all resources required to accomplish the task (labor, travel, etc.). As a minimum, the following data will be provided:

(i) Identify labor categories in accordance with the Section B – Schedule and the number of hours required for performance of the task.

(ii) Other Relevant Information: This information shall be in writing and shall address other relevant information, as required by the contract or requested by the TO proposal request.

(6) If necessary, during the evaluation of proposals the Government may contact an awardee with questions concerning their proposal. However, such contact does not constitute discussions as defined by FAR 15.306.

(d) Selection Criteria for Awarding Task Orders Once proposals are received, the

Government will evaluate the proposals in accordance with the selection criteria contained in the RFQ. The Government’s award decision will be based, as a minimum, on selection criteria that addresses past performance, technical/management approach and price. Individual Task Order selection criteria may include other factors relevant to the particular Task Order. The order of importance for the factors may be identified on each individual request.

(e) Proposal Process for Award under other than Fair Opportunity to be Considered

Provisions The proposal process for excepted requirements as defined in paragraph (b)(2) of this clause is the same as paragraph “d” above, except that there will be no selection criteria;

(f) Unauthorized Work The Contractor is not authorized to commence task performance prior to issuance of a signed Task Order, or verbal approval provided by the Contracting Officer, which will be followed up with a written Task Order within 5 days.

(g) Task Funding Restriction No unfunded tasks are permitted.

(h) Task Order Issuance Task Orders may be distributed issued by electronic mail.

(i) Ombusdsman Description In accordance with FAR 16.505(a)(7), Task Order selection is not subject to the Disputes Act. No protest under FAR Subpart 33.1 is authorized in connection with the Contracting Officer decisions regarding fair opportunity or the issuance of a Task Order under this contract. The designated FEMA Task Order Ombudsman will review complaints from contractors regarding the issuance of Task Orders, and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the regulations and procedures in the contract. Complaints to the FEMA Ombudsman must be forwarded to:

Clifford Oliver Branch Chief, Acquisition Program and Planning Branch Federal Emergency Management Agency 395 E Street SW RM 223 Washington, D.C. 20472-3210 Clifford.Oliver@dhs.gov

(202) 646-4631 mailto:Clifford.Oliver@dhs.gov�

G.4 INVOICES

An invoice is a written request for payment under this contract for services rendered. Payment of invoices submitted under the contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in the contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

a. GENERAL INFORMATION

1. Name and address of Contractor;

2. Contract Number and applicable Task Order Number and Invoice date;

3. Description of supplies or services, quantity, task order unit of measure and unit price, and extended total;

4. Shipment and payment terms;

5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by the agency to process payment.

6. Any other information or documentation required by other provisions of the task order (such as evidence of shipment).

7. Invoices shall be submitted as follows:

Number Distribution

Original and 1 copy-Payment Office Federal Emergency Management Agency FEMA Finance Center PO Box 9001 540-504-1899 Winchester, VA 22604

One copy-Contracting Officer Federal Emergency Management Agency

One copy-Contract Specialist Federal Emergency Management

One copy-COTR Federal Emergency Management

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. As mandated by the Debt Collection Improvement Act (DCIA) of 1996 and in accordance with FAR Clause 52.232-34-Payment By Electronic Funds Transfer--Other Than Central Contractor Registration (MAY 1999) of this contract, the contractor must submit the following written EFT information to the office designated in clause 52.232- 35 of this award document by the date specified in clause 52.232-34:

(a) The contract number (or other procurement identification number).

(b) The contractor's name and remittance address, as stated in the contract(s).

(c) The signature (manual or electronic, as appropriate), title, and telephone number of the contractor official authorized to provide this information.

(d) The name, address, and 9-digit Routing Transit Number (RTN) of the contractor's financial agent.

(e) The contractor's account number and the type of account (checking, savings or lockbox).

(f) If applicable, the Fed-wire Transfer System (FTS) telegraphic abbreviation of the contractor's financial agent.

(g) If applicable, the contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number (RTN) of the correspondent financial institution receiving the wire transfer payment if the contractor's financial agent is not directly on-line to the FTS; and, therefore, not the receiver of the wire transfer payment.

2. The contractor should include the EFT information set forth below on all invoices submitted for payment under this contract. Failure to provide the information or failure to notify this agency of changes to this information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. The following EFT information should be submitted on each invoice:

(a) Routing Transit Number (RTN) – The contractor shall provide the current 9-digit RTN of the payee's bank

(b) Payee's account number

(c) Contractor's Tax Identification Number (TIN)

(The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.)

If at any time during the term of this contract, the contractor changes any EFT information, (i.e.

financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract.

To avoid delays in processing invoices, the contractor must also submit written notification of EFT information changes to the office designated in this award document as soon as the new information is known to the contractor. This notification must be in writing and signed by the individual authorized by the contractor to make such changes.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE OF HYBRID CONTRACT

This contract may result in the issuance of Firm Fixed Price (FFP) and Time and Materials (T&M) type contract.

When applicable, the following symbols will appear next to the applicable clauses and provisions throughout this document.

$ = applicable to FIXED-PRICE line items only.

& = applicable to TIME-&-MATERIAL/LABOR-HOUR line items only.

H.2 GOVERNMENT CONTRACTOR RELATIONS – NON-PERSONAL SERVICES

The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the government to afford both parties a full understanding of their respective obligations.

(a) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other FEMA contracts, or become a part of the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

(b) Employee relationship.

(1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor’s personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulations, directives, and requirements that are issued by DHS/FEMA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(c) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this contract are not subject to Federal income tax withholdings.

(2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits by virtue of this contract.

(4) The Contractor is not entitled to workman’s compensation benefits by virtue of this contract.

(5) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.

(d) Notice. It is the Contractor’s, as well as, the Government’s responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause been or may be violated.

(1) The Contractor should notify the Contracting Officer in writing promptly, within five (5) calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimized cost, delay or disruption of performance.

(2) The Contracting Officer will promptly, within ten (10) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either: (i) Confirm that the conduct is in violation and when necessary direct the mode of further performance, (ii) Countermand any communication regarded as a violation, (iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or

(iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond.

H.3 HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

Key Personnel under this Contract: To Be Identified at Time of Contract Award

Key Facilities under this Contract: Not Applicable

H.4 TECHNICAL DIRECTION

(a) The Contracting Officer’s Representative (COR) may provide technical direction on contract or work request performance. Technical direction includes:

(1) Instruction to the Contractor that approves approaches, solutions, designs, or refinements; fills in details; completes the general descriptions or shifts emphasis among work areas or tasks; and

(2) Evaluation and acceptance of reports or other deliverables.

(b) Technical direction must be within the scope of work of the contract and any Task Order there under. The COR does not have the authority to issue technical direction which:

(1) Requires additional work outside the scope of the contract or Task Order;

(2) Consitutes a change as defined in the “Changes” clause;

(3) Causes an increase or decrease in the ceiling cost of the contract or Task Order;

(4) Alters the period of performance of the contract or Task Order; or

(5) Changes any of the other terms and/or conditions of the contract or Task Order.

(c) Technical direction will be issued in writing or confirmed in writing within five (5) days after oral issuance. The Contracting Officer (CO) will be copied on any technical direction issued by the COR.

(d) If, the Contractor’s opinion, any instruction or direction by the COR falls within any of the categories defined in paragraph (b) of this clause, the Contractor shall not proceed, but shall notify the CO in writing within 3 days after receiving it and shall request that the CO take appropriate action, as described in this paragraph. Upon receiving this notification, the Contracting Officer shall:

(1) Advise the Contractor in writing as soon as practicable, but no later than 30 days after receipt of the contractor’s notification, that the technical direction is within the scope of the contract effort and does not constitute a change under the “Changes” clause of the contract:

(2) Advise the Contractor within a reasonable time that the government will issue a written modification to the contract; or

(3) Advise the contractor that the technical direction is outside the scope of the contract and is thereby, rescinded.

(e) A failure of the Contractor and CO to agree as to whether the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the provisions of the clause entitled “Disputes” in this contract.

(f) Any actions taken by the Contractor, in response to any direction given by any person acting on behalf of the government or any government official other than the CO or the COR, shall be at the Contractor’s risk.

H.5 OPTION PERIODS AND CEILINGS

(a) The Government has the option to extend the effective period of this contract for four additional periods, if the options are exercised.

Clause F.1 entitled EFFECTIVE PERIOD OF CONTRACT, will be modified as follows:

Period From _ To

Option Period 1 12 Months After Award 24 Months After Award Option Period 2 24 Months After Award 36 Months After Award Option Period 3 36 Months After Award 48 Months After Award Option Period 4 48 Months After Award 60 Months After Award

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO SEP 2006

THE GOVERNMENT

52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

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

IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND APR 2010

CONDUCT

52.204-4 PRINTED OR COPIED DOUBLE-SIDED MAY 2011

ON RECYCLED PAPER

52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONNEL

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST DEC 2010

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.210-1 MARKET RESEARCH APR 2011

$ 52.215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010

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

FORMAT

52.215-9 CHANGES OR ADDITIONS TO MAKE-OR-BUY OCT 1997

PROGRAM

3052.216-72 PERFORMANCE EVALUATION PLAN DEC 2003

52.215-14 INTEGRITY OF UNIT PRICES OCT 2010

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 2011

FOR HUBZONE SMALL BUSINESS CONCERNS

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2011

52.219-13 NOTICE OF SET ASIDE ORDERS NOV 2011

52.219-14 LIMITATIONS ON SUBCONTRACTING NOV 2011

52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING JAN 1999

PLAN

52.219-25 SMALL DISADVANTAGED BUSINESS DEC 2010

PARTICIPATION PROGRAM--DISADVANTAGED

STATUS AND REPORTING

52.222-19 CHILD LABOR - COOPERATION WITH JUL 2010

AUTHORITIES AND REMEDIES

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-29 NOTIFICATION OF VISA DENIAL JUN 2003

52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH OCT 2010

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010

52.222-41 SERVICE CONTRACT ACT OF 1965 NOV 2007

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

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

INFORMATION

52.223-18 ENCOURAGING CONTRACTOR POLICIES AUG 2011

TO BAN TEXT MESSAGING WHILE DRIVING

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.225-1 BUY AMERICAN ACT--SUPPLIES FEB 2009

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT DEC 2007

AND COPYRIGHT INFRINGEMENT

52.227-14 RIGHTS IN DATA--GENERAL DEC 2007

52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987

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

INSTALLATION

$ 52.232-1 PAYMENTS APR 1984

& 52.232-7 PAYMENTS UNDER TIME AND MATERIALS AUG 2005

AND LABOR HOUR CONTRACTS

$ 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

$ 52.232-11 EXTRAS APR 1984

52.232-17 INTEREST OCT 2010

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-25 PROMPT PAYMENT OCT 2008

ALTERNATE I (FEB 2002)

52.233-1 DISPUTES JUL 2002

ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, APR 1984

EQUIPMENT, AND VEGETATION

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984

52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 2001

52.242-13 BANKRUPTCY JUL 1995

$ 52.243-1 CHANGES--FIXED PRICE AUG 1987

ALTERNATE II (APR 1984)

& 52.243-3 CHANGES-TIME AND MATERIALS OR AUG 1987

LABOR-HOURS

52.243-4 CHANGES JUN 2007

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.245-1 GOVERNMENT PROPERTY AUG 2010

52.245-9 USE AND CHARGES AUG 2010

52.246-23 LIMITATION OF LIABILITY FEB 1997

52.248-1 VALUE ENGINEERING OCT 2010

$ 52.249-2 TERMINATION FOR CONVENIENCE OF THE MAY 2004

GOVERNMENT (FIXED-PRICE)

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

52.253-1 COMPUTER GENERATED FORMS JAN 1991

3052.216-72 PERFORMANCE EVALUATION PLAN DEC 2003

3052.219-70 SMALL BUSINESS SUBCONTRACTING PLAN JUN 2006

REPORTING

3052.219-71 DHS MENTOR-PROTÉGÉ PROGRAM JUN 2006

3052.228-70 INSURANCE DEC 2003

3052.245-70 GOVERNMENT PROPERTY REPORTS JUN 2006

I.2 52.234-4 EARNED VALUE MANAGEMENT SYSTEM (JUL 2006)

(a) The Contractor shall use an earned value management system (EVMS) that has been determined by the Cognizant Federal Agency (CFA) to be compliant with the guidelines in ANSI/EIA Standard - 748 (current version at the time of award) to manage this contract. If the Contractor's current EVMS has not been determined compliant at the time of award, see paragraph (b) of this clause. The Contractor shall submit reports in accordance with the requirements of this contract.

(b) If, at the time of award, the Contractor's EVM System has not been determined by the

CFA as complying with EVMS guidelines or the Contractor does not have an existing cost/schedule control system that is compliant with the guidelines in ANSI/EIA Standard - 748 (current version at time of award), the Contractor shall--

(1) Apply the current system to the contract; and

(2) Take necessary actions to meet the milestones in the Contractor's EVMS plan approved by the Contracting Officer.

(c) The Government will conduct an Integrated Baseline Review (IBR). If a pre-award IBR has not been conducted, a post award IBR shall be conducted as early as practicable after contract award.

(d) The Contracting Officer may require an IBR at--

(1) Exercise of significant options; or

(2) Incorporation of major modifications.

(e) Unless a waiver is granted by the CFA, Contractor proposed EVMS changes require approval of the CFA prior to implementation. The CFA will advise the Contractor of the acceptability of such changes within 30 calendar days after receipt of the notice of proposed changes from the Contractor. If the advance approval requirements are waived by the CFA, the Contractor shall disclose EVMS changes to the CFA at least 14 calendar days prior to the effective date of implementation.

(f) The Contractor shall provide access to all pertinent records and data requested by the Contracting Officer or a duly authorized representative as necessary to permit Government surveillance to ensure that the EVMS conforms, and continues to conform, with the performance criteria referenced in paragraph (a) of this clause.

(g) The Contractor shall require the subcontractors specified below to comply with the requirements of this clause:

I.3 HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JAN 2011)

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

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

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

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

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

I.5 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

ALTERNATE I (OCT 2009)

(a) Definitions. As used in this clause--

"Added value" means that the Contractor performs subcontract management functions that the Contracting Officer determines are a benefit to the Government (e.g., processing orders of parts or services, maintaining inventory, reducing delivery lead times, managing multiple sources for contract requirements, coordinating deliveries, performing quality assurance functions).

"Excessive pass-through charge," with respect to a Contractor or subcontractor that adds no or negligible value to a contract or subcontract, means a charge to the Government by the Contractor or subcontractor that is for indirect costs or profit/fee on work performed by a subcontractor (other than charges for the costs of managing subcontracts and any applicable indirect costs and associated profit/fee based on such costs).

"No or negligible value means" the Contractor or subcontractor cannot demonstrate to the Contracting Officer that its effort added value to the contract or subcontract in accomplishing the work performed under the contract (including task or delivery orders).

"Subcontract" means any contract, as defined in FAR 2.101, entered into by a subcontractor to furnish supplies or services for performance of the contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor," as defined in FAR 44.101, means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

(b) General. The Government will not pay excessive pass-through charges. The Contracting Officer has determined that there will be no excessive pass-through charges, provided the Contractor performs the disclosed value-added functions.

(c) Reporting. Required reporting of performance of work by the Contractor or a subcontractor.

The Contractor shall notify the Contracting Officer in writing if--

(1) The Contractor changes the amount of subcontract effort after award such that it exceeds 70 percent of the total cost of work to be performed under the contract, task order, or delivery order. The notification shall identify the revised cost of the subcontract effort and shall include verification that the Contractor will provide added value; or

(2) Any subcontractor changes the amount of lower-tier subcontractor effort after award such that it exceeds 70 percent of the total cost of the work to be performed under its subcontract. The notification shall identify the revised cost of the subcontract effort and shall include verification that the subcontractor will provide added value as related to the work to be performed by the lower-tier subcontractor(s).

(d) Recovery of excessive pass-through charges. If the Contracting Officer determines that excessive pass-through charges exist;

(1) For other than fixed-price contracts, the excessive pass-through charges are unallowable in accordance with the provisions in FAR subpart 31.2; and

(2) For applicable DoD fixed-price contracts, as identified in 15.408(n)(2)(i)(B), the Government shall be entitled to a price reduction for the amount of excessive pass-through charges included in the contract price.

(e) Access to records.

(1) The Contracting Officer, or authorized representative, shall have the right to examine and audit all the Contractor's records (as defined at FAR 52.215-2(a)) necessary to determine whether the Contractor proposed, billed, or claimed excessive pass-through charges.

(2) For those subcontracts to which paragraph (f) of this clause applies, the Contracting Officer, or authorized representative, shall have the right to examine and audit all the subcontractor's records (as defined at FAR 52.215-2(a)) necessary to determine whether the subcontractor proposed, billed, or claimed excessive pass-through charges.

(f) Flowdown. The Contractor shall insert the substance of this clause, including this paragraph (f), in all cost-reimbursement subcontracts under this contract that exceed the simplified acquisition threshold, except if the contract is with DoD, then insert in all cost-reimbursement subcontracts and fixed-price subcontracts, except those identified in 15.408(n)(2)(i)(B)(2), that exceed the threshold for obtaining cost or pricing data in accordance with FAR 15.403-4.

I.6 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through the contract expiration date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the contract.

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

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

I.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 120 days of the contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option,…

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