Amendment 0003 RFP 70FB8025R00000001 LogHOUSE 04-21-2025.pdf

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

70FH10

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

X

236220

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70FH10

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

02/04/2025

202-227-9141Angelina Bachemin (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

04/29/2025 1400 ET

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FB8025R00000001

5. SOLICITATION NUMBER

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

1 81OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

OFFICE OF CHIEF PROCUREMENT OFFICE

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$45

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

FEMA HQ

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

FEMA HQ

FEDERAL EMERGENCY MANAGEMENT AGENCY

OFFICE OF CHIEF PROCUREMENT OFFICE

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

This solicitation is for the multiple award indefinite-delivery, indefinite-quantity contracts for FEMA’s LogHOUSE II requirement.

This requirement is full and open competition

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

Angelina Bachemin

. 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

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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

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: REFERENCE

X x

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

with a partial small business set-aside. The price schedule is included as Attachment 1

LogHOUSE Pricing Tables.

Period of Performance: 08/18/2025 to 08/19/2030

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

AMENDMENT 0003

Table of Contents

Section A – Standard Form 1449 Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Bidders Section L - Instructions, Conditions, and Notices to Bidders Section M - Evaluation Factors for Award

Section B - Supplies or Services/Prices

B-1 General Description

The United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) use of Transportable Temporary Housing Units (TTHUs) is an alternative for the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, and Related Authorities, Section 408 Federal Assistance to Individuals and Households (42 U.S.C. 5174) which requires FEMA to provide financial and, if necessary, direct services, to individuals and households. As part of direct assistance, the President of the United States may provide temporary housing units, acquired by purchase or lease, directly to individuals or households.

These Logistics Housing Operations Unit inStallation, maintenance, and dEactivation (LogHOUSE II) contracts are used as the service component that ensures these TTHUs are transported (hauled), installed, maintained, and uninstalled (deactivated). To support FEMA's TTHU program, these LogHOUSE contracts will provide hauling, installation, maintenance, and deactivation support, as well as development and construction of group sites. This acquisition will provide FEMA with contractors who are ready to provide services that will support multiple, direct housing missions anywhere within the Contiguous 48 United States (CONUS).

This is a full and open competitive, partial small business set-aside, multiple-award, Indefinite Delivery, Indefinite Quantity (IDIQ) type contract. This contract will be issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items; Part 15, Contracting by Negotiation, for the Logistics Housing Operations Unit inStallation, maintenance, and dEactivation (LogHOUSE II) to provide hauling, installation, maintenance, and deactivation support as well as development and construction of group sites.

North American Industry Classification System (NAICS) Code: 236220 - Commercial and Institutional Building Construction

Product Service Code (PSC): R706 Support - Management: Logistics Support

B-2 Price/Cost Schedule

See Attachment 1

The contract line items (CLINs) contained in the pricing tables are the services that the Government intends to purchase under this IDIQ if ordered. CLINs may be added to the contract by mutual agreement of the parties.

Ordering Period pricing will be effective annually starting 12 months from the date of the base contract award.

The following table is for illustrative purposes only. The actual start date of the contract will be begin with contract award. For proposal purposes the estimated date of contract, award is 8/11/2025. The government reserves the right to award sooner or later if necessary. The period of performance start and end dates will be updated at award based upon actual contract award date.

Ordering Period Pricing Dates

Base Year 08/11/2025 – 08/10/2026

Ordering Period 1 08/11/2026 – 08/10/2027

Ordering Period 2 08/11/2027– 08/10/2028

Ordering Period 3 08/11/2028 – 08/10/2029

Ordering Period 4 08/11/2029 – 08/10/2030

B-3 Partial Small Business Set-aside

Disaster requirements with fewer than 250 estimated TTHU installations will be set-aside exclusively for competition and award to LogHOUSE small business contractors following the procedures of FAR 19.502-4.

Contractors receiving an award must be capable in all areas of the LogHOUSE Performance Work Statement regardless of business size. See clause I-23 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services, (19) FAR 52.219-7, Notice of Partial Small Business Set-Aside.

B-4 Pricing Requirements

Pricing shall be on a Firm-Fixed Price basis inclusive of personnel, facilities, equipment, material, supplies, services, travel, and transportation (except as may be expressly set forth in this contract, and task orders) and otherwise do all things necessary to, or incidental to, performing and providing the items as required by the contract.

B-5 CLIN Pricing

There are three (3) CLIN types during the period of performance where the contractor proposes Contract Line- Item Number (CLIN) pricing. Attachment 1 – Section B LogHOUSE CLIN Listings 2/3/2025 is included for reference only and shall not be submitted.

1. CLINs that are identified with the letters CON (Contract Level CLIN) are submitted with the proposal requirement for the IDIQ contract. CON CLINs may be lowered during a task order proposal. CON CLINs cannot be increased after base contract award. If during task order proposal a CON CLIN is proposed exceeding the awarded IDIQ contract price, the proposal may be evaluated as non-responsive and may not receive task order award.

2. CLINs that are identified with the letters TO (Task Order Level CLIN) are proposed at the time of task order proposal along with the area of operation, detail regarding geographic location, size and scope of a specific mission. TO CLINs become fixed at time of task order award.

3. CLINs that are identified with the letters WO (Work Order Level CLIN) are submitted after task order award with the contractor’s proposal in response to a work order. WO CLINs are needed where it is not in the government’s interest to have prices fixed at the contract or task order level. The government will request the contractor to propose a fixed price after the contractor has an opportunity to review the work required for a specific task. The contractor shall review the work requirements and shall submit a price proposal to the CO or COR for approval or negotiation. Once the price proposal for a WO CLIN has been approved by the Government, that price becomes a firm fixed price for that work.

CLIN Label Definitions

The following provide definitions for the labels and acronyms used in the CLIN table:

CLIN - the Contract Line-Item Number (CLIN) which defines a general category of work.

CLIN Title - the descriptive name provided for each CLIN and Sub-CLIN.

Description - the text description provided for each CLIN and sub-CLIN.

Value of Issue - The Value of Issue is not to exceed for all CLINs.

Type - describes the type of funding used for the CLIN (e.g., FUP, Cost Reimbursable).

Unit of Issue - the quantity or unit of work performed, or services rendered by the contractor that is used as the multiplier when calculating the total cost for a CLIN.

Time Negotiated - is the indicator as to when FEMA will ask the contractor for a firm fixed price proposal for a specific type of work.

Sub-CLIN - indicates the sub CLIN number for the base year and each option year. The Base year is identified with a leading zero each ordering period year is identified with the ordering period year as the leading digit.

Price - the fixed price for the base year and each ordering period year for contract level sub-CLINs with other sub- CLINs negotiated at the time indicated in the time negotiated column.

Not to Exceed (NTE) – The total value of a CLIN when it is awarded, the CLIN ceiling. NTE are issued as part of a task order award.

Firm Fixed Price (FFP) – The fixed price for a defined portion of work for the unit of issue. FFP includes all associated costs with performing the work.

B-6 Contract Type

The contract type will be for a Firm Fixed Priced, Multiple-Award, Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

B-7 Minimum Guarantee and Maximum Funding Limitation

Per FAR 52.216-22(b), Indefinite Quantity, of this contract, the contract minimum and maximum are as follows:

The guaranteed minimum that the Government agrees to order during the period of this contract is $12,500. If the Contractor receives total orders for less than $12,500 during the ordering period of the contract, the Government will pay the difference between the amount ordered and $12,500. The guaranteed minimum applies only if the contract expires, or contract cancellation is initiated by the Government. The guaranteed minimum does not apply if the contract is terminated for cause, or if the contract is canceled at the request of the Contractor.

The maximum amount for each contract awarded under this multiple award indefinite-delivery, indefinite-quantity contract shall be a shared ceiling of $2,600,000,000.00 for the ordering period of the contract.

B-8 Readiness Funding

The government will annually fund the requirements in C.14 Additional Contractor Requirements via a task order to each contractor.

B-9 Period of Performance

The ordering period of the base contract shall be five (5) years from date of award. The applicable period of performance for task orders shall be stated in individual awarded task orders.

Identification of Government Officials Government Officials Assigned to this Contract:

Primary COs, CORs and Technical Monitors (TMs) for Orders shall be designated at the ordering level at time of award.

B-10 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 for Base IDIQ: Designated Contracting Officer’s Representatives (CORs) Authorized Invoice Approver for Task Order: To be designated at the ordering level upon award.

B-11 Invoice Instructions Invoices/vouchers shall be submitted to Finance-Vendor-Payments@fema.dhs.gov, and shall be submitted in accordance with the requirements of FAR 52.212-4.

B-12 Correspondence Procedures

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

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

SUBJECT: CONTRACT NO. (70FBR425RXXXXXXX), REQUEST FOR SUBCONTRACT CONSENT.

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

END OF SECTION B

Section C - Description/Specifications

See Attachment 2 – Section C LogHOUSE Performance Work Statement

Section D - Packaging and Marking

There are no packaging and marking requirements associated with this requirement.

END OF SECTION D.

Section E - Inspection and Acceptance

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far and https://www.acquisition.gov/hsar

E-1 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

E-2 52.246-12 Inspection of Construction. (AUG 1996)

E-3 52.246-15 Certificate of Conformance. (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on [insert date], the [insert Contractor's name] furnished the supplies or services called for by Contract No [ ] via [Carrier] on [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution: [ ]

Signature: [ ]

Title: [ ]

(End of clause)

E-4 52.246-16 Responsibility for Supplies. (APR 1984)

See Attachment 3 – Section E LogHOUSE Performance Evaluation Plan

END OF SECTION E

Section F - Deliveries or Performance

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far and https://www.acquisition.gov/hsar

F-1 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within as stated in task order calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than as stated in task order. The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

F-2 52.211-13 Time Extensions. (SEP 2000)

F-3 52.211-18 Variation in Estimated Quantity. (APR 1984)

F-4 52.236-15 Schedules for Construction Contracts. (APR 1984)

F-5 52.242-14 Suspension of Work. (APR 1984)

F-6 52.242-15 Stop-Work Order. (AUG 1989)

F-7 52.242-17 Government Delay of Work. (APR 1984)

F-8 52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of as stated in task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F-9 Period of Performance

The ordering period shall be five (5) years from date of award. Task orders issued under this contract shall have their own period of performance identified in the task order. Task Orders can be issued that extend beyond the end date of the base contract’s period of performance.

F-10 Principal Place of Performance

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

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

F-11 Task Orders

Tasks under this contract shall be performed through the issuance of a Task Order Proposal Request (TOPR) or a Delivery Order Proposal Request (DOPR). The period of performance and/or delivery dates will be established with each order. The contractor will be given a minimum of 72 hours’ notice of FEMA’s intention to request a new order.

The contractor shall submit a proposal in response to each request within the timeframe specified.

Orders issued will have their own period of performance. Task orders may be issued prior to and may not be completed before the IDIQ ends.

FEMA reserves the right to decline to issue a specific order to the contractor after reviewing the contractor's proposal.

No reimbursement shall be made for preparation of task proposals. After issuance of an order, no changes in scope of work, or changes in delivery dates shall be undertaken without the explicit authorization of the Contracting Officer.

F-12 Place of Performance

Services may be required at any location within the United States and its territories. The place(s) of performance will be designated in each order.

See Attachment 4 – Section F LogHOUSE Deliverables and Required Reports

END OF SECTION F.

Section G - Contract Administration Data

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far and https://www.acquisition.gov/hsar

G-1 52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Ombudsman, Ms. Keecha P. Elliott, Acquisitions Operations Division, Office of the Chief Component Procurement Officer, FEMA, Keecha.Elliott@fema.dhs.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

G-2 52.216-18 Ordering. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through five (5) years.

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

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

G-3 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than of a mission of twenty-five (25) TTHUs, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of a mission of 1000 TTHUs;

(2) Any order for a combination of items in excess of a mission of 5000 TTHUs; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

G-4 52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

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

G-5 Technical Direction and Surveillance

Performance of the work under this contract shall 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 statement of work for this contract.

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

Constitutes an assignment of additional work outside the Statement of Work;

Constitutes a change as defined in the contract clause entitled "Changes";

In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

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

Interferes with the Contractor's right to perform the specifications of the contract.

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

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 cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that: the technical direction is rescinded in its entirety, the technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction.

A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause of this contract.

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

G-6 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:

Authorized Invoice Approver

Name: TBA

Title: Contracting Officer Representative Phone: Email:

G-7 Identification Of Government Officials Identification Of Government Officials (AUG 2014)

The Government Officials assigned to this contract are as follows: To Be Determined

Administrative Contracting Officer:

Name:

Phone:

Email:

Contracting Officer’s Representative:

Name: Phone:

Email: G-8 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-Payments@fema.dhs.gov. 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.

G-9 Ordering Placement Procedures

The government shall compete and award all LogHOUSE requirements under this contract via TOPRs and TOs in accordance with FAR 16.505 Ordering and these placement procedures. Disaster requirements with fewer than 250 estimated TTHU installations will be set-aside exclusively for competition and award to LogHOUSE small business contractors.

Fair Opportunity for Consideration

(a) Fair opportunity to each Contractor will be considered for all orders exceeding the micro-purchase threshold, except as provided in FAR Part 16.505(b)(2).

(b) Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for task orders which are expected to exceed $3,500 when the Contracting Officer determines one of the following conditions apply:

(1) The agency need for services is of such urgency that providing an opportunity would result in unacceptable delays and/or,

(2) Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized and/or,

(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under this contract, provided that all awardees were given fair opportunity to be considered for the original order. When deciding whether to negotiate a sole source logical follow-on task order with the current contractor consideration will be given to the contractor’s past performance and price, and/or,

(4) It is necessary to place an order to satisfy a minimum ordering requirement of the contract.

(c) In all circumstances if the Contractor intends not to submit a solicitation response, a “No Bid” must be submitted to the CO. All “No Bids” shall include a brief explanation as to the reason for a “No Bid” and the response may take the form of an e-mail transmission to the CO. Additionally, all No Bid responses shall be captured in the quarterly No-Bid Report referenced within Section C above.

(d) When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score Offerors, post notice in the Federal Business Opportunities, or hold discussions or negotiations with each awardee. Even though the Contracting Officer does not have to comply with the competition rules in FAR Part 6, and does not have to conduct discussions before issuing a task order, there will be an internal record of why a particular Offeror provided the best value on the particular requirements of each task order.

Section H - Special Contract Requirements

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far and https://www.acquisition.gov/hsar

H-1 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

H-2 3052.204-71 Contractor employee access. (JUL 2023)

H-3 3052.204-72 Safeguarding of Controlled Unclassified Information. (JUL 2023)

H-4 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents. (JUL 2023)

H-5 3052.223-70 Removal or disposal of hazardous substances-applicable licenses and permits. (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within five (5) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of clause)

H-6 HSAR DEV (FORMERLY 15-01B) INFORMATION TECHNOLOGY SECURITY AWARENESS

TRAINING (JULY 2023)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs- security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award. Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually, and the COR will provide notification when a review is required.

(End of clause)

H-7 Electronic and Information Technology

ELECTRONIC AND INFORMATION TECHNOLOGY

The Federal Emergency Management Agency (FEMA) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Pursuant to the Workforce Investment Act of 1998, 29 U.S.C. § 794d, FEMA must ensure the accessibility of its programs and activities to all current and potential users, specifically its obligation to acquire and use accessible Electronic and Information Technology (EIT) including web pages, software, telecommunications, kiosks and other information transaction machines, and fax machines, copiers, printers and other information technology office equipment. To comply with the provisions of this clause, the contractor shall provide EIT that meets the intent of the Workforce Investment Act of 1998 which requires, regardless of medium, --individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and individuals with disabilities who are members of the public seeking information or services from FEMA to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

Furthermore, the contractor shall comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR 1194 and http://www.section508.gov.

H-8 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

A. Contractor Performance Evaluations

Interim and final performance evaluation reports will be prepared on this contract or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order.

Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Representatives (CORs), and/or project managers. The CPARS Assessing Officials (AOs) are the contracting officers (CO) or contract specialists (CS) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments.

The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via CPARS.

The contractor representative will be given up to fourteen (14) days to submit written comments or a rebuttal statement. Within the first seven (7) calendar days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report. The AO may complete the evaluation without the contractor representative’s comments if none are provided within the fourteen (14) day comment period. Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the Reviewing Official (RO) within the division/branch the AO is assigned. Once the RO completes the review, the evaluation is considered complete, and the 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 in future award decisions.

B. Designated Contractor Representative

The contractor must identify a primary representative for this contract and provide the full name, title, phone number, email address, and business address to the CO within 30 days after award. The contractor representative is encouraged to provide a contractor self-assessment for each period being evaluated 30 days prior to the last day of the evaluation period which will be considered by the AOR/AO when preparing the evaluation.

C. Electronic Access to Contractor Performance Evaluations

The AO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point (FP).

The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS.

The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated email from CPARS when an evaluation report has been completed.

H-9 Release, Publication and Use of Government Furnished Data

No contractor shall have the right to use, release to others, reproduce, distribute, or publish any government furnished data first produced or specifically used by the contractor in the performance of this contract with prior written permissions from FEMA.

H-10 Service Contract Wage Determination

The resulting contract and Orders will be subject to the Department of Labor (DOL) Service Contract Act. However, actual places of performance are currently unknown.

Applicable wage determinations will be incorporated under the TOs as necessary in accordance with FAR 52.222-49, Service Contract Act – Place of Performance Unknown.

H-11 Interpretation of Contract Requirements

No interpretation of any provisions of the contract, including applicable specifications, shall be binding on FEMA unless furnished or agreed to in writing by the Contracting Officer (CO).

H-12 Correspondence Procedures

To promote timely and effective administration, correspondence (except for vouchers submitted under the contract) shall be subject to the following procedures:

(a) Technical correspondence (where technical issues relating to compliance with order specifications are involved) shall be addressed to the Contracting Officer Representative (COR) with information copies to the CO/Contract Specialist (CS).

(b) All other correspondence (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of the contract) shall be addressed to the CO/CS with a copy to the COR.

H-13 Contractor Commitments, Warranties, Representations

Any written commitment by the Contractor within the scope of the contract shall be binding upon the Contractor.

Failure of the Contractor to fulfill any such commitment shall render the Contractor liable under the default provisions for damages due to FEMA under the terms of the contract. For the purpose of the resulting contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or representation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or specifications accompanying or referred to in a proposal, and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

H-14 Use of FEMA Name or Contractual Relationship in Advertising

The Contractor agrees not to refer to awards from or contracts with FEMA in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by FEMA or is superior to other products or services. The Contractor also agrees not to distribute or release any information which states or implies that FEMA endorses, uses, or distributes the Contractor's product or service.

H-15 Advertisements, Publicizing Awards and News Releases

All press releases or announcements about agency programs, projects, and contract awards must be cleared by the Program Office as authorized by the CO, working with the Office of External Affairs. 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, or communicates with any media without first obtaining explicit written consent to do so from the Program Office and the CO.

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.

H-16 Energy Star (E-Star) Compliance Certification

The Contractor shall provide evidence of meeting the Environmental Protection Agency (EPA) requirements for energy efficiency. Certifications shall be available for the delivered configurations of all products for which Energy Star requirements apply.

H-17 Printing Restrictions

The Government will not allow printing to be funded by this contract in accordance with the Joint Committee on Printing regulations and all applicable Government Printing Office (GPO) and DHS regulations.

H-18 Permits The Contractor and subcontractor shall be responsible for obtaining all necessary licenses and permits in connection with the performance of this contract. The Contractor shall also be responsible for complying with any applicable Federal, state, and municipal laws, codes, or regulations.

H-19 Travel

Routine Travel Neither Contractor nor subcontractor employees will not be reimbursed for commuter travel for employees between their residences and their regular assigned duty stations, or for travel in support of project start-up and the day-to-day performance of this contract. A regular assigned duty station is defined as the Contractor employee’s continuing place of duty, whether the assignment is permanent or temporary.

Non-Routine Travel Non-routine travel directed by the Government will require the advance written approval of the Contracting Officer or his/her designee and will be reimbursed as ODC expense.