RFQ 70FB7026Q00000009 with attachment 5-20-2026 for SAM.gov.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. 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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

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

DATED.

OFFER

ADDENDA

ADDENDA

70FB7026Q00000009

FEMA - DC FORT WORTH

501 WEST FELIX STREET

FORT WORTH TX 76115

FEMA-INCIDENT SUPPORT SECTION

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

FEMA-INCIDENT SUPPORT SECTION

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

05/22/2026 1600 ES Jason Rivers 202-531-7340

70FB70

70FB70

Danyelle Wilcox

314910

05/14/2026

FEMA - DC FORT WORTH

The Federal Emergency Management Agency (FEMA) is issuing a Request for Quote (RFQ) for the purchase and installation of 8 Parking Shades in accordance to the Statement of Work (SOW).

Delivery: 120 Days After Award

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

0001 8 EAThe proposal will be compared to the specifications below:

A. Item Name: Shade sure Royal Blue Parking

Shade 36’ x 20’ joined cantilever hip fabrics

B. Quantity: 8

C. Install and replace 8 damaged parking shades

D. Installation at destination facility:

Note: the quoted Price will be inclusive of the shades; installation of new fabricated materials - labor, equipment; removal and disposal of eight existing fabrics, cables, and clamps; delivery costs; applicable taxes; and

Free-Onboard Delivery with warranty of parts and services.

Product/Service Code: 7230

Product/Service Description: DRAPERIES, AWNINGS, AND SHADES

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Request for Quote

Department of Homeland Security (DHS)

Federal Emergency Management Agency (FEMA)

Request for Quote (RFQ) for the Purchase and Installation of 8 Parking Shades

The Government requests a quote in response to The Statement of Work (SOW)

Attachment. The quote shall be submitted within the Technical Specifications of the SOW section 3.1 (Technical Evaluating Factors), for the Purchase and Installation of 8 Parking

Shades at The FEMA Distribution Center Fort Worth Texas.

The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met. This RFQ does not commit to the Government to pay for the preparation and submission of a quote.

CONTRACT TYPE

The resulting contract will be a firm fixed price purchase order to be completed within 120 days.

QUESTIONS

Questions related to this solicitation shall be directed to the Contracting Officer, Danyelle

Wilcox, via email at Danyelle.Wilcox@fema.dhs.gov and Contract Specialist, Jason Rivers, via email at Jason.Rivers@fema.dhs.gov. All questions shall be submitted in writing no later than noon, ET, Wednesday, May 27, 2026. Any late questions will be addressed at the discretion of the Contracting Officer.

RFQ RESPONSE DATE

Responses to this RFQ shall be directed to the Contracting Officer, Danyelle Wilcox, via email at Danyelle.Wilcox@fema.dhs.gov and Contract Specialist, Jason Rivers via email at Jason.Rivers@fema.dhs.gov no later than 3pm, ET, Thursday June 4, 2026.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

INSTRUCTIONS TO OFFERORS

It is the Quoter’s responsibility to read the RFQ and all related documents carefully.

Additionally, it is the Quoter’s responsibility to ensure/verify the Government receives its submission on or before the date/time specified. Late submissions, modifications, revisions, and withdrawals of quotes are subject to the provision of RFO part 12 which is incorporated by reference.

EVALUATION FACTORS AND CRITERIA

1. Factor Identification - The Government will evaluate the offerors using the following factors.

Factor 1 – Technical Specification

Factor 2 – Delivery Plan

Factor 3 – Price

2. Order of Importance - Factor 1, Technical Specification is the most important factor, and more important than Factor 2, Delivery Plan. The non-price factors 1 and 2 combined are more important than factor 3, Price.

3. Basis of Award - Award will be made based upon the offeror’s proposal that provides the best value to the Government using the evaluation factors and tradeoff process.

All evaluation factors other than price, when combined, are more important than price.

PROPOSAL INSTRUCTIONS:

1. Technical Proposal

A. Factor 1 – Technical Specification

The offerors shall demonstrate at meeting the technical specifications for Purchase and installation of the 8 Parking Shades as outlined in the Statement of Work, section 3.1 (Technical Evaluating Factors)

B. Factor 2 – Delivery Plan

The period of performance shall be within 120 days of the award.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

2. Non-Technical Proposal

A. Factor 3 – Price

EVALUATON METHODOLOGY:

1. Technical Proposal Evaluation

A. Technical Evaluation Ratings and Definitions – Each offeror’s technical proposal will be evaluated for completeness and to determine whether the proposed approach meets the requirement and criteria as specified in the SOW. The table below provides definitions of the adjectival ratings to be used in evaluating each offeror’s technical proposal for Factors 1 and 2.

RATING DESCRIPTION

High Confidence The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

B. Factor 1 – Technical Specification

The technical specification will be evaluated to determine whether the offeror’s proposed items meet the minimum technical specificities outlined in the SOW section 3.1 (Technical Evaluating Factors)

C. Factor 2 – Delivery Plan

The Delivery Plan will be evaluated for the earliest and reasonable dates, considering weather and transportation available considerations.

2. Price Proposal Evaluation

A. Price proposal evaluation will not receive an adjectival rating.

B. The Government will perform price evaluation to determine whether proposed prices are fair and reasonable. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Offerors are cautioned that unreasonably high prices may cause your proposal to be deemed not fair and unreasonable.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

C. The Government reserves the right to also perform price evaluation to determine whether the proposed prices are realistic. For the price to be realistic, it should not be overly optimistic and impractically low. Offerors are cautioned that unrealistically low prices, as to pose a risk to the completion of the work, may cause your proposal to be deemed unrealistic and do not pose clear understanding of the scope.

D. In evaluating price, the Government will utilize one or more proposal analysis techniques from FAR 15.404-1. Examples of such techniques include, but are not limited to the following:

Comparison of proposed prices received in response to the solicitation.

Comparison of proposed prices to historical prices paid, whether by the

Government or other than the Government, for the same or similar items.

Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

Comparison of proposed prices with independent Government cost estimates.

Comparison of proposed prices with prices obtained through market research for the same or similar services.

Quotes shall be in accordance with this section. Failure to submit quotes according to the Instructions provided within the solicitation may result in the respondent’s quote not being considered for award. All interested parties shall be registered in the System for Award Management (SAM) at time an offer or quotation is submitted.

CLAUSES AND PROVISIONS

RFO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (AUG 2025) (DEVIATION 25-21) (EFFECTIVE NOVEMBER 28, 2025)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer

(EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award

Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for

60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the

Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received Page

51 of 465 and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the

Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

(e) Debriefings. If a post award debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed

Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

RFO 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(AUG 2025) (DEVIATION 25-21) (EFFECTIVE NOVEMBER 28, 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offer or whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

Factor 1 – Technical Specification

Factor 2 – Delivery Plan

Factor 3 – Price

RFO 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (AUG 2025) (DEVIATION 25-21) (EFFECTIVE NOVEMBER 28, 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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.

(4) 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.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

(5) 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–

(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;

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

(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 for interest credits prescribed in FAR part 32 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 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(v) Unauthorized obligations.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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.

(End of clause)

Artificial Intelligence

The Contractor will not use or deploy the use of Artificial Intelligence unless expressly authorized by the Contracting Officer. The term ‘artificial intelligence’’ means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments.

Artificial intelligence systems use machine and human-based inputs to – perceive real and virtual environments;

abstract such perceptions into models through analysis in an automated manner;

and use model inference to formulate options for information or action.

(End of Clause)

Notice

Contractor acknowledges that the resulting contracts shall conform to DHS FAR Class

Deviation 25-01 for HSAR part 3006, dated July 25, 2025, for purposes of implementing

Federal Acquisition Regulation Class Deviation (Number 25-11) for FAR Part 6 in support of

Executive Order 14275 on Restoring Common Sense to Federal Procurement, the following notice is incorporated into this solicitation: HSAR Class Deviation 25-01 for HSAR Part 3006 in Support of Executive Order on Restoring Comment Sense to Federal Procurement.

(End of Notice)

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

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-payments@fema.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.

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 – 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: Leave blank.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

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 delivery 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: Leave blank.

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 above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

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: Leave blank.

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.

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: TBD

Title:

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response

Phone:

Email:

Defective or Improper Invoices (Jun 2014)

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

Modifications

Under this contract, the CO is the only Government official authorized to make changes via a Standard

Form 30. Only a duly appointed FEMA CO is authorized to change the specification, terms, and conditions of this contract.

Notification of Debarment and Suspension

The Contractor must provide immediate notice to the CO in the event that the Contractor or a subcontractor is suspended, debarred, or declared ineligible by any Federal Government Agency or

Department, or upon receipt of a notice of proposed debarment from any Federal Agency or

Department.

Notice of Filing Requirements for Agency Protests

Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for dispute resolution, Alternative Dispute

Resolution (ADR). ADR is an informal, expeditious, and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. To request ADR services, please write to: FEMA-ADR@fema.dhs.gov or call 202-646-2835.

The FEMA Alternative Dispute Resolution Division is located at:

500 C Street S.W., Suite 4 NE 2407

Washington, D.C. 20472

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the

Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest. Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.

(A) Definitions

"Agency protest" is one that may be filed with either the contracting officer or the officer responsible for the resolution of all agency protests filed at the level above the contracting officer.