Pre Sol 70FA6021R00000001 23 Dec pdf version.pdf

PDF 2 MB Posted Dec 24, 2020

Attached to: PreSolicitation: Community Engagement and Risk Communication Services (CERC)
Solicitation number: 70FA6021R00000001
Issued by: Federal Emergency Management Agency

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File	Type	Posted
70FA6021R00000001 Attachment 2 - CERC IDIQ Price Worksheet.xlsx	XLSX spreadsheet	Dec 24, 2020
Attachment 1 CERC IDIQ PWS 12.18.20 - Draft Sol.docx	DOCX document	Dec 24, 2020
CERC Corp Experience Questions - Draft Sol.docx	DOCX document	Dec 24, 2020

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FEMA HQ

WASHINGTON DC 20472

500 C STREET SW

OFFICE OF CHIEF PROCUREMENT OFFICE

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA HQ

FEMA/HQ CODE 16. ADMINISTERED BYCODE

541611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFEMA HQ

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

1600 ESKelli Parker (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FA6021R00000001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 110OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

3RD FLOOR

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20472

500 C STREET SW

FEMA HEADQUARTERS

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

OFFICE OF CHIEF PROCUREMENT OFFICE

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEMA HQ

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DO/DPAS Rating: NONE

0001 Base Period The Contractor shall furnish all personnel, facilities, equipment, materials, supplies, and services (except as may be expressly set forth in the contract as furnished by the Government) and otherwise do all things necessary to, or incident to, provide the services set forth in the Performance Work Statement (PWS) for Community Engagement and Risk Communication (CERC) Support

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Glen L. Seipp

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

DRAFT

however, the Government will not be providing any responses. The Government will not answer telephone calls relative to the draft solicitation.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Services.

Product/Service Code: R426

Product/Service Description: SUPPORT-

PROFESSIONAL: COMMUNICATIONS

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

1102 of

DRAFT

Continuation Pages from SF1449

SECTION B - SUPPLIES OR SERVICES AND PRICE

B.1 CONTRACT MINIMUM AND MAXIMUM

The guaranteed minimum amount of this contract is $10,000.00, this includes the Base year and all Option years. The total value of all task orders placed under this contract shall not exceed the maximum value of $250,000,000.00.

B.2 ITEMS TO BE ACQUIRED

The Contractor shall furnish all personnel, facilities, equipment, materials, supplies, and services (except as may be expressly set forth in the contract as furnished by the Government) and otherwise do all things necessary to, or incident to, provide the services set forth in the Performance Work Statement (PWS) provided as Attachment 2 dated December 18, 2020 and the Quality Assurance Surveillance Plan (QASP) provided as Attachment B and as set forth in Task Orders (TO).

B.3 PRICE SCHEDULE

The following Price Schedule is established for issuance of task orders under this IDIQ Contract. The pricing as established in the schedule is the agreed upon ceiling of the fully burdened labor rates for task order proposals and resulting TO(s).

Only the labor categories and rates, and other priced CLINs as agreed upon between the Government and contractor shall be used during the performance of this IDIQ Contract. In the event additional/new labor categories, or other priced CLINs are required, the contracting officer is to be notified, and if approved, the newly required CLIN shall be added to this IDIQ Contract through a bi-later modification.

The following unit pricing applies for the duration of the contract for all TO(s). This amount will not serve as the Contract maximum amount which is specified in Section B.1. Please note, actual quantities will vary. The Contractor will only be paid for actual quantities properly invoiced and accepted by the Government. Detailed invoicing and payment instructions are identified below. All pricing and rates shall be established on a Firm Fixed Price (FFP) basis, time-and-materials (T&M) basis or labor-hour basis (LH) by CLIN. Individual Task Orders (TO) shall specify the quantities, amounts, and the period of performance. At no time shall the established pricing be changed or otherwise modified except by bilateral contract modification.

The Period of Performance (POP) under this award shall commence at the time of award. The Base Year period shall be 12-months, followed by four-one-year option periods. The specific POPs by their respective dates will be outlined in the contract.

B.4 Period of Performance (Actual date will be filled in at time of award) Base Period: Date of award (DOA) through 12 months Option Period 1: 12 Months Option Period 2: 12 Months Option Period 3: 12 Months Option Period 4: 12 Months

Order Period of Performance Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from the effective date of the contract through five (5) years from effective date of contract, inclusive of options.

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.

B.5 Place of Performance As determined by the Government will be determined at the task order level. The Contractor is placed on notice performance varies and can be in any of the 10 FEMA Regions and/or FEMA Headquarters located in Washington, DC.

The Government may require that the Contractor access government facilities in support of meetings on any day and may require sporadic access to government space depending on project requirements.

Per the work dictated by this PWS, the Government requires access to Contractor facility space in order to support designated conferences and meetings. Therefore, the Contractor shall, as necessary, provide appropriate sized facilities for each occurrence.

For controlled correspondence activities, one provider staff shall be located at FEMA Headquarters each day that the government is performing regular operations.

B.6 Hours of Operation Contractor employees shall generally perform all work between the hours of 07:00 AM and 06:00 PM local time, Monday through Friday. However due to the response FEMA has for disaster activities, there may be occasions when contractor employees shall be required to work other than normal business hours, including evenings, weekends and holidays, to fulfill requirements under this PWS. Any work required after normal hours, including overtime, must be approved in writing by the CO or COR before it occurs.

B.7 Travel Occasional travel is anticipated for this requirement to FEMA facilities located in the National Capitol Region, Regions, as well as disaster field sites. Travel must be pre-approved

by the COR. All travel shall be in accordance with the Federal Travel Regulations and FAR 31.205-46. If applicable, a not-to-exceed travel amount will be identified under a separate CLIN on orders.

B.8 Task Order Type Orders can be Firm Fixed-Price (FFP), Labor Hour (LH) or Time and Materials (T&M).

The Fixed hourly rates as contained in the IDIQ are applicable to all TOs.

B.9 Firm-Fixed-Price (FFP) Orders For FFP TOs, the quantity of hours ordered from each labor category will be multiplied against the rates agreed upon by the Government and the Contractor; and the cumulative extended total of all items ordered will define the total firm-fixed price for the TO. FFP orders shall align to the Contractor’s technical approach to the work as proposed, and partial payment of FFP orders may be negotiated based on the completion of milestones/deliverables.

B.10 Time and Material (T&M) Task and Labor-Hour (LH) Orders For LH or T&M orders, the quantity of hours ordered from each labor category will be billable at the ceiling rates agreed upon by the Government and the Contractor. LH or T&M orders shall align to the Contractor’s technical approach to the work as proposed, and partial payment of the orders may be negotiated based on the completion of milestones/deliverables. For T&M orders, profit on materials is not allowable. Further, travel shall be priced in accordance with Federal Travel Regulations. The cumulative extended total of all labor categories ordered plus materials and travel will define the call order ceiling price.

Reimbursement under the contract shall be governed by the clause at FAR 52.232-7, Payments under Time and Materials and Labor-Hour Contracts.

B.11 IDENTIFICATON OF CONTRACTOR EMPLOYEES WORKING IN GOVERNMENT SPACES

IN E- MAIL AND OTHER FORMS OR ORAL AND WRITTEN COMMUNICATIONS (DEC 2008)

The Contractor personnel performing under the terms of this contract shall identify themselves as a Contractor in all communications, oral or written, while performing services under this contract. At no time shall the Contractor personnel assigned to this contract represent themselves as a FEMA employee or an official representative of FEMA. Additionally, reference to or use of the Contractor personnel’s affiliation with FEMA for reasons not associated with specific performance under this contract is strictly prohibited. Contractor personnel shall not include DHS/FEMA logos, emblems, project/program nomenclature, or contact information on their business cards; rather, the employee’s corporate business cards shall be used. The following is the required signature block template to be used by Contractor personnel assigned a FEMA e-mail account:

Employee Name Employee Company, Employee Title Contractor Support to [Name of FEMA Office or Program] Phone Number E-mail address

B.12 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer: TBD Name: Entered at time of award Phone:

Email:

Administrative Contract Specialist: TBD

Contracting Officer's Representative (COR): TBD

Alternate Contracting Officer’s Representative: TBD

B.13 GOVERNMENT QUALITY ASSURANCE PLAN AND SURVEILLANCE

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. Government quality assurance will be performed routinely by the COR; however, other activities may be called upon to support this effort as required. A Quality Assurance Surveillance Plan (QASP) will be utilized to monitor Contractor performance.

The QASP will be used by the Government to evaluate the Contractor's performance over the life of the contract.

Through this evaluation, the Contracting Officer Representative will identify both positive and negative aspects of the contractor's performance. This will allow the COR to communicate to the contractor those aspects that are strengths of their performance, and those aspects considered to be deficiencies/weaknesses in their performance, and which need to be addressed and corrected. For those tasks listed in the QASP, the COR or designated quality assurance evaluators will follow the methods of surveillance specified in this contract. The COR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspections results. Government surveillance of tasks not listed in the QASP may occur during the performance of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions.

Unsatisfactory performance for any Performance Standard/Acceptable Quality Level (AQL) item may result in

This is a DRAFT solicitation provided to the Selling community for illustrative purposes only and its goal is to orient Sellers to the Government’s anticipatory needs. The Government anticipates posting its solicitation during the week of January 18, 2021. The draft solicitation does not bind or obligate the Government in any manner and the anticipatory solicitation may be different than the draft solicitation. Do not prepare or send a proposal to the Government. Sellers are invited to submit questions or comments until January 8, 2021 to the Government; however, the Government will not be providing any responses. The Government will not answer telephone calls relative to the draft other appropriate action(s) by the Contracting Officer in accordance with the Inspection of Services clause, including Termination for Default. Any action taken by the Contracting Officer as a result of surveillance will be in accordance with the terms of this contract.

B.14 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractor's performance. These include, but are not limited to, random sampling of recurring services, periodic surveillance of the Contractor's quality control program, test calls, and validated customer complaints.

B.15 PERFORMANCE OF GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS

In accordance with the Inspection of Services clause of this contract, the Government intends to perform the quality assurance functions listed in the Quality Assurance Surveillance Plan (QASP), Attachment B.

B.16 BILLING INSTRUCTIONS (JUN 2014)

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-Finance- Vendor. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

B.17 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.

B.18 INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

http://www.gsa.gov/portal/forms/type/SF

Authorized Invoice Approver

Title:

Phone: Email:

B.19 INVOICE INSTRUCTIONS (JUN 2014)

Invoices shall be submitted as follows:

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions: SF 1034--Fixed Price The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

Requisition Number and Date – intentionally left blank until award.

Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g.

Invoice No. 1234-FINAL).

Schedule Number; Paid By; Date Invoice Received - intentionally left blank until award.

Discount Terms - enter terms of discount, if applicable.

Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

Shipped From; To; Weight Government B/L Number - insert for supply contracts.

Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

(Name of Official) (Title)

Quantity; Unit Price - insert for supply contracts.

Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.

INVOICE PREPARATION INSTRUCTIONS SF 1035

The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.

The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:

U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office. Voucher Number - insert the voucher number as shown on the Standard Form 1034.

Schedule Number - intentionally left blank until award.

Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.

Number and Date of Order - insert payee's name and address as in the Standard Form 1034. Articles or Services

- insert the contract number as in the Standard Form 1034.

Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).

A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.

B.20 Advertisements, Publicizing Awards and News Releases

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity/ news release or commercial advertising without first obtaining explicit written consent to do so from FEMA Contracting Officer. This restriction does not apply to marketing materials developed for presentation to potential government customers of this contract vehicle.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

B.21 Identification of Contractor Personnel The Contractor shall ensure that its employees and subcontractors will identify themselves as employees of their company while working on FEMA contracts. For example, Contractor personnel shall introduce themselves in person and in voicemail, as employees of their respective companies, and not as FEMA employees. Under no circumstances and at no time shall subcontractors of the prime identify themselves as employees of the prime or in any other way suggest, by action or inaction, that they are employees of the prime. Failure to adhere to this requirement may constitute grounds for termination for cause of the base FEMA IDIQ.

Contractor shall ensure that their personnel use the following format signature on all official e-mails generated by DHS computers:

Name

Position or Professional Title

Prime FEMA Contractor Name OR Subcontractor Company Name in support of Prime FEMA Contractor Name

Supporting the Division/Office of FEMA

Phone

B.22 Post-Award Evaluation of Contractor Performance

Contractor Performance Evaluations: Annual and final evaluations of Contractor performance, at the IDIQ level, will be prepared on this contract in accordance with FAR 42.1500. The final performance evaluations will be prepared following the end of the period of performance.

Annual and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor shall be permitted thirty (30) days to respond. Contractor response is voluntary. Any disagreement between the parties regarding an

This is a DRAFT solicitation provided to the Selling community for illustrative purposes only and its goal is to orient Sellers to the Government’s anticipatory needs. The Government anticipates posting its solicitation during the week of January 18, 2021. The draft solicitation does not bind or obligate the Government in any manner and the anticipatory solicitation may be different than the draft solicitation. Do not prepare or send a proposal to the Government. Sellers are invited to submit questions or comments until January 8, 2021 to the Government; however, the Government will not be providing any responses. The Government will not answer telephone calls relative to the draft evaluation will be referred to the cognizant Division Director (or his/her equivalent), whose decision is final. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

Electronic Access to Contractor Performance Evaluations: FAR 42.15 requires agencies to prepare annual and final evaluations of Contractor performance. The Past Performance Information Retrieval System (PPIRS) is used to record and maintain past performance information. The FEMA utilizes the Contractor Performance Assessment Reporting System (CPARS), which feeds its information into the PPIRS system in order to share information with other federal agencies. The process for submitting such reports shall be in accordance with agency procedures (see below). Contractors may view evaluations, once completed via CPARS, through a secure Web site that can be obtained at the following URL - www.ppirs.gov.

The registration process requires the Contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor shall be required to identify a secondary contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within a thirty (30) day period. Once a performance evaluation has been prepared and is ready for comment, the CPARS will send an email to the Contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

B.23 Access to or Use of Unclassified Facilities, Information Technology Resources, and Sensitive Information

The assurance of the security of unclassified facilities, Information Technology (IT) resources, and sensitive information during the acquisition process and contract performance are essential to the DHS/FEMA mission. DHS Management Directive (MD) 11042.1 Safeguarding Sensitive but Unclassified (For Official Use Only) Information, describes how Contractors must handle sensitive but unclassified information. DHS/FEMA Information Security directives such as MD 4300A Sensitive Systems Security Policy, the DHS Sensitive Systems Handbook, and mandatory configuration guidelines (such as Security Technical Implementation Guides or hardening guidelines issued by DHS or DISA) prescribe policies and procedures on security for IT resources. Contractors shall comply with these policies and procedures, any replacement publications, or any other current or future DHS policies and procedures covering Contractors specifically for all orders that require access to facilities, IT resources or sensitive information.

Contractors shall not use or redistribute any DHS information processed, stored, or transmitted by the Contractor except as specified in the Order.

B.24 Disclosure of Information – Official Use Only

Each officer or employee of the Contractor or Subcontractor at any tier to whom “Official Use Only” information may be made available or disclosed shall be notified in writing by the Contractor that “Official Use Only” information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and http://www.ppirs.gov/

3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to ten years or both.

B.25 Confidentiality of Information

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

The foregoing obligations, however, shall not apply to:

(1) Information which, at the time of receipt by the Contractor, is in the public domain;

(2) Information which is published after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor;

(3) Information which the Contractor can demonstrate was in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies; or,

(4) Information which the Contractor can demonstrate was received by them from a third-party who did not require the Contractor to hold it in their confidence.

(b) The Contractor shall obtain the written agreement, in a form satisfactory to the FEMA Contracting Officer, of each employee permitted access, whereby the employee agrees 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 directly concerned with the performance of the contract.

(c) The Contractor agrees that upon request by the Contracting Officer, it will execute an approved agreement with any party whose facilities or proprietary data they are given access to in regards to the restrictive use and disclosure of the data and the information obtained from such facilities. Upon request by Contracting Officer, such an agreement shall also be signed by Contractor personnel.

(d) This language shall flow down to all subcontracts.

B.26 Government-Furnished Information (GFI)

Specific requirements for Government-furnished information will be addressed in the Orders, if applicable.

B.27 Government-Furnished Equipment (GFE)

FEMA Government Property (Laptops, PIV Badges, etc.) will be provided to contractors, in accordance with FAR 45.102(b), under the following conditions:

• Providing the property is in the Government’s best interest due to directives established by the Information Technology Security Branch (ITSB) for cyber security management.

• The overall benefit to the acquisition significantly outweighs the increased cost of administration, including ultimate property disposal.

• Providing the property does not substantially increase the Government’s assumption of risk.

• Government requirements cannot otherwise be met.

The contractor shall pick up the FEMA laptops and badges from a FEMA facility. The equipment and components shall be returned to the Contracting Officer’s Representative (COR) at the designated location at the contractor’s expense. All of the security controls for GFE must be adhered to by the contractor to fulfill the requirements of the contract.

The contractor shall login with the FEMA laptop and connect to the FEMA network at least once every two (2) weeks for a minimum of four (4) hours to ensure the download of appropriate patches. Therefore, the contractor shall bring their laptop to a FEMA office every two (2) weeks and attach it directly to the FEMA Local Area Network (LAN) or log in remotely and connect to the FEMA Virtual Private Network (VPN) once every two (2) weeks. If a contractor employee logs in remotely, they shall use a high-speed internet connection and leave the laptop logged in for a minimum of four (4) hours to allow all patches and updates to properly load as downloads will not occur properly via a dial-up connection.

If this mandatory requirement is not adhered to, then the contractor employees shall travel to the local/nearest FEMA office to reset their credentials.

Any Government equipment provided for FEMA’s contract shall be used exclusively for FEMA business and are subject to FEMA and DHS rules of behavior regarding access and use of DHS sensitive information technology resources. Government equipment shall not be used for contractor or personal business outside of the work required for FEMA.

B.28 Unauthorized Work

The Contractor is not authorized at any time to commence Order performance prior to the issuance of a signed Order or other written approval provided by the CO to begin work.

B.29 Federal Holidays

The Government observes the following federal holidays. When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed.

New Year’s Day Labor Day

Martin Luther King, Jr.’s Birthday Columbus Day

Presidents’ Day Veterans’ Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Inauguration Day

B.30 Records Management

A. Applicability This clause applies to all contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. Includes FEMA records.

2. Does not include personal materials.

3. Applies to records created, received, or maintained by contractors pursuant to their FEMA contract.

4. May include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use

This is a DRAFT solicitation provided to the Selling community for illustrative purposes only and its goal is to orient Sellers to the Government’s anticipatory needs. The Government anticipates posting its solicitation during the week of January 18, 2021. The draft solicitation does not bind or obligate the Government in any manner and the anticipatory solicitation may be different than the draft solicitation. Do not prepare or send a proposal to the Government. Sellers are invited to submit questions or comments until January 8, 2021 to the Government; however, the Government will not be providing any responses. The Government will not answer telephone calls relative to the draft and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. FEMA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of FEMA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, contractor must report to FEMA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to FEMA control or the contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the SOW. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) insupport of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The contractor (and any sub-contractor) is required to abide by Government

This is a DRAFT solicitation provided to the Selling community for illustrative purposes only and its goal is to orient Sellers to the Government’s anticipatory needs. The Government anticipates posting its solicitation during the week of January 18, 2021. The draft solicitation does not bind or obligate the Government in any manner and the anticipatory solicitation may be different than the draft solicitation. Do not prepare or send a proposal to the Government. Sellers are invited to submit questions or comments until January 8, 2021 to the Government; however, the Government will not be providing any responses. The Government will not answer telephone calls relative to the draft and FEMA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with FEMA policy.

8. The contractor shall not create or maintain any records containing any non-public FEMA information that are not specifically tied to or authorized by the contract.

9. The contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The FEMA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which FEMA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Dec 24, 2020.