RFP 70FA6021R00000001 FEMA-FIMA CERC Support Services.pdf

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

2/5/2021

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME

INFORMATION CALL: Kelli Parker 2/16/2021 10:00AM

9. ISSUED BY CODE FEMA HQ 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR:

FEMA HQ SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

FEDERAL EMERGENCY MANAGEMENT AGENCY

OFFICE OF CHIEF PROCUREMENT OFFICE

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

NAICS:541611

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

SIZE STANDARD: $16.5

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

13b. RATING

14. METHOD OF SOLICITATION

SEE SCHEDULE DPAS (15 CFR 700) RFQ IFB X RFP

15. DELIVER TO

FEMA HEADQUARTERS

CODE FEMA/HQ 16. ADMINISTERED BY

FEMA HQ

CODE Hi PFEMA HQ

500 C STREET SW

WASHINGTON DC 20472

FEDERAL EMERGENCY MANAGEMENT AGENCY

OFFICE OF CHIEF PROCUREMENT OFFICE

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

19. 20.

IS CHECKED

21.

SEE ADDENDUM

22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

DO/DPAS Rating: NONE

QUANTITY UNIT UNIT PRICE AMOUNT

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)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

1 92

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

70FA6021R00000001

6. SOLICITATION

ISSUE DATE

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

Glen L. Seipp 31c. DATE SIGNED

2/2/2021

Services as set forth in task orders.

Product/Service Code: R426

Product/Service Description: SUPPORT-

PROFESSIONAL: COMMUNICATIONS

32a. QUANTITY IN COLUMN 21 HAS BEEN

STANDARD FORM 1449 (REV. 2/2012) BACK

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

41c. DATE

39. S/R VOUCHER NUMBER

FINAL PARTIAL COMPLETE

36. PAYMENT 35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

32c. DATE

Continuation Pages from SF1449

SECTION B - SUPPLIES OR SERVICES AND PRICE

B.1 NOTICE OF HYBRID CONTRACT

This solicitation will result in single award Indefinite Delivery/Indefinite Quantity contract. The contract will allow for the issuance of Firm Fixed Price, Time and Material, and Labor Hour Task Orders.

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

$ = applicable to Fixed-Price task orders only.

& = applicable to T&M and LH Task orders only.

B.2 Contract Minimum and Maximum Amounts

The guaranteed minimum amount of this Indefinite Delivery Indefinite Quantity (IDIQ) Contract is $10,000 and 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.

B.3 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 IDIQ Contract Performance Work Statement (PWS) dated 1/27/2021 and Quality Assurance Surveillance Plan (QASP) dated 1/27/2021 provided as Attachments 1 and 2 for work set forth in Task Orders (TO).

B.4 Price Schedule

The following Price Schedule is established for issuance of task orders under this Contract. Task orders may be placed on a firm fixed price (FFP), time and material (T&M), and/or or labor-hour basis (LH) basis. The following agreed upon fully burdened (ceiling) labor categories (inclusive of all indirect costs and profit) apply to all task order. The labor rates apply for employees of the prime Contractor as well as temporary help, subcontractors, and/or consultants. These rates apply to all hours worked including any overtime. No increase or adjustment to the fixed labor rates below for overtime time including but limited to after-hours, weekends, and holidays is permitted. The rates apply to both onsite and offsite labor. The minimum qualifications for Key Personnel set forth in the PWS apply. For Non-Key Personnel, the Contractor shall provide staffing for the labor categories listing below with the necessary level of experience, education, and skill sets to effectively and efficiently meet task order requirements. Only the labor categories and rates set forth herein shall be used during the performance of this Contract and task orders. Only one labor rate may be proposed for each category. In the event additional/new labor categories are required, the contracting officer is to be notified, and if approved, the required labor category shall be added the Price Schedule through a bi-lateral modification. At no time shall the established pricing be changed or otherwise modified except by bilateral contract modification. These rates apply to preparation of all task order proposals and for billing under T&M and LH task orders.

Offerors shall complete this Price Schedule using the same (exact) fully burdened labor rates proposed under the Price Worksheet provided as Attachment 3. Offerors who fail to follow this instruction may be excluded from award consideration.

Base Period (12-months after contract award)

Labor Category Fully Burdened Labor (Ceiling)

Rate

Program Director (Key Personnel) Regional Director (Key Personnel) Projects and Budget Manager (Key Personnel) Behavioral Scientist (Key Personnel) Economist (Key Personnel) Communications & Engagement Manager Communications & Engagement Specialist Communications Specialist Creative Director Creative Specialist Financial Analyst GIS Analyst Hazard Mitigation Planner Hazard Mitigation Planner Manager Junior Communications Specialist Junior Technical Specialist Managing Director Program Area Manager Senior Communications Specialist Senior Technical Specialist Technical Specialist Technical Writer Unique labor category may be proposed by Offeror (to be filled-in)

Fixed Material Handling Fee

Option Period-1 (12-months after effective date of option exercise)

Labor Category Fully Burdened Labor (Ceiling)

Rate

Program Director (Key Personnel) Regional Director (Key Personnel) Projects and Budget Manager (Key Personnel) Behavioral Scientist (Key Personnel) Economist (Key Personnel) Communications & Engagement Manager Communications & Engagement Specialist Communications Specialist Creative Director Creative Specialist Financial Analyst GIS Analyst Hazard Mitigation Planner Hazard Mitigation Planner Manager Junior Communications Specialist Junior Technical Specialist Managing Director Program Area Manager Senior Communications Specialist Senior Technical Specialist Technical Specialist Technical Writer

Option Period-2 (12-months after effective date of option exercise)

Fully Burdened Labor (Ceiling)

Rate

Program Director (Key Personnel) Regional Director (Key Personnel) Projects and Budget Manager (Key Personnel) Behavioral Scientist (Key Personnel) Economist (Key Personnel) Communications & Engagement Manager Communications & Engagement Specialist Communications Specialist Creative Director Creative Specialist Financial Analyst GIS Analyst Hazard Mitigation Planner Hazard Mitigation Planner Manager Junior Communications Specialist Junior Technical Specialist Managing Director Program Area Manager Senior Communications Specialist Senior Technical Specialist Technical Specialist Technical Writer

Option Period-3 (12-months after effective date of option exercise)

Fully Burdened Labor (Ceiling)

Rate

Program Director (Key Personnel) Regional Director (Key Personnel) Projects and Budget Manager (Key Personnel) Behavioral Scientist (Key Personnel) Economist (Key Personnel) Communications & Engagement Manager Communications & Engagement Specialist Communications Specialist Creative Director Creative Specialist Financial Analyst GIS Analyst Hazard Mitigation Planner Hazard Mitigation Planner Manager Junior Communications Specialist Junior Technical Specialist Managing Director Program Area Manager Senior Communications Specialist Senior Technical Specialist Technical Specialist Technical Writer

Option Period-4 (12-months after effective date of option exercise)

Fully Burdened Labor (Ceiling)

Rate

Program Director (Key Personnel) Regional Director (Key Personnel) Projects and Budget Manager (Key Personnel) Behavioral Scientist (Key Personnel) Economist (Key Personnel) Communications & Engagement Manager Communications & Engagement Specialist Communications Specialist Creative Director Creative Specialist Financial Analyst GIS Analyst Hazard Mitigation Planner Hazard Mitigation Planner Manager Junior Communications Specialist Junior Technical Specialist Managing Director Program Area Manager Senior Communications Specialist Senior Technical Specialist Technical Specialist Technical Writer

B.5 Period of Performance (Actual dates will be filled-in at time of award)

Base Period: 12-months after contract award Option Period 1: 12-months after option exercise Option Period 2: 12-months after option exercise Option Period 3: 12-months after option exercise Option Period 4: 12-months after option exercise

B.6 Place of Performance

The place of performance will be designated in task orders. This contract is for nationwide CERC support including U.S. Territories and Tribal Nations. This includes but is not limited to FEMA Headquarters located in Washington, DC, FEMA Regional Office, and communities in which engagement is provided.

B.7 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 and other time sensitive activities, there may be occasions when contractor employees may be required to work other than normal business hours, including evenings, weekends and holidays, to fulfill requirements under task orders. Disclosure: The Government will not direct overtime or schedule the work hours of Contractor employees. The Contractor is required to ensure all necessary work hours are covered and is responsible for establishing the work schedules for its staff.

B.8 Travel

Costs for transportation, lodging, meals and incidental expenses incurred by contractor personnel on official company business are allowable subject to FAR 31.205-46, Travel Costs.

FEMA will consider these costs reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations (FTR).

Under this Contract the contractor may choose to use either the FTR rates and definitions in effect on December 31, 1998 (include taxes with per diem rates), or the FTR rates and definitions that took effect January 1, 1999 (extract taxes from per diem and claim taxes as a miscellaneous expense). The contractor cannot choose between the different per diem rates on a case by case basis. Instead, the contractor must choose between the 1998 FTR definitions and rates or the 1999 definitions and rates for all pertinent travel under this Contract. No profit/fee shall be charged for travel costs.

B.9 Task Order Type

Task Orders can be issued on a Firm Fixed-Price (FFP), Labor Hour (LH) or Time and Materials (T&M) basis.

$B.10 Firm-Fixed-Price (FFP) Task Orders

For FFP Task Orders, the total fixed price will be established based on the quantity of hours proposed and agreed upon for each labor category (labor mix and level of effort) multiplied by the labor rates established under Section B.4, Price Schedule of the Contract plus proposed other direct costs and the approved material handling fee included in B.4 (if applicable) approved by the Contracting Officer on a mutually agreeable basis. Payment will be made on a fixed amount per month or other agreed upon billing schedule.

&B.11 Time and Material (T&M) Task and Labor-Hour (LH) Orders

For LH and T&M Task Orders, a not-to-exceed amount will be established based on the quantity of hours proposed and agreed upon for each labor category (labor mix and level of effort) multiplied by the labor rates established in Section B.4 of the Contract plus proposed other direct costs with the fixed material handling fee included in B.4 (if applicable) approved by the Contracting Officer on a mutually agreeable basis.

LH and T&M Task Orders shall align to the Contractor’s technical approach to the work as proposed. For T&M and LH orders, profit on materials is not allowable. Further, travel shall be priced in accordance with Federal Travel Regulations. Reimbursement under LH and T&M Task Orders will be governed by the clause at FAR 52.212-4, Alternate-1.

B.12 Identification of Contractor Employees Working in Government Facilities, Public Events, E-Mail and all Other Forms of Oral and Written Communications

Contractor personnel performing work under this contract shall identify themselves as a Contractor in all communications, oral or written. At no time shall Contractor personnel 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.13 Identification of Government Officials

The Government Officials assigned to this contract are as follows:

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

Email:

Administrative Contract Specialist: TBD Name: Entered at time of award Phone:

Email:

Contracting Officer’s Representative (COR):

TBD Name: Entered at time of award Phone:

Alternate Contracting Officer’s Representative: TBD Name: Entered at time of award Phone:

B.14 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 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.15 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.16 Performance of Government Contract Quality Assurance Functions

In accordance with the Inspection of Services clause of this contract set forth in FAR 52-212-4 and 52.212-4, Alternate-1, the Government intends to perform the quality assurance functions listed in the Quality Assurance Surveillance Plan (QASP), Attachment 2.

B.17 Billing Instructions

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.18 Defective or Improper Invoices

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.19 Invoice Approval

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:

Authorized Invoice Approver Name: Entered at time of award Title:

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

Phone: Email:

B.20 Invoice Instructions

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.21 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.22 Government-Furnished Information

Government-Furnished Information will be specified in Task Orders, if applicable.

B.23 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: (1) 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, (2) The overall benefit to the acquisition significantly outweighs the increased cost of administration, including ultimate property disposal, (3) Providing the property does not substantially increase the Government’s assumption of risk, and (4) 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.24 Non-Personal Services

A non-personal services task order is defined as "a contract and/or task order under which personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees." This is a non-personal services contract and no resultant task order shall result in personal services.

B.25 Technical Direction and Surveillance

(a) Performance of the work under this Contract and issued Task Orders will be subject to the surveillance and written technical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in the performance work statement of the Contract and Task Orders.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

(1) Constitutes an assignment of additional work not included in the scope of the contract, task orders, and performance work statements.

(2) In any manner cause an increase or reduction in the total FFP or not-to-exceed amount of a Task Order;

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

(5) Interferes with the Contractor’s right to perform the specifications of the performance work statement.

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

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall not be provided by the Contractor and notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction.

(e) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor’s risk and may not be reimbursed or paid for the services rendered.

B.26 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 (National Capital Region only)

SECTION C CONTRACT CLAUSES

C.1 FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if– http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-33#FAR_33_211

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

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Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

& C.2 52.212-4 Alternate I (Jan 2017). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the…