Sol_70FBR026Q00000015.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

70FBR026Q00000015

Multiple Destinations

FEMA REGION 10

FEDERAL EMERGENCY MANAGEMENT AGENCY

REGION 10

ATTN CONTRACTING OFFICER

130-228TH ST SW

BOTHELL WA 98021

FEMA REGION 10

FEDERAL EMERGENCY MANAGEMENT AGENCY

REGION 10

ATTN CONTRACTING OFFICER

130-228TH ST SW

BOTHELL WA 98021

04/30/2026 0900 PT

Richard Albidress 425-487-2287

70FBR0

70FBR0

Sandra Shanks

561612

$29

04/29/2026

Combined Synopsis/Solicitation: Level II Armed

Security Guard Services – FEMA Region 10, DR-4906-WA

Requirement:

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,

FEMA Region 10 seeks Level II Armed Security

Guard services in support of Presidentially

Declared Disaster DR-4906-WA and as described in the attached performance work statement

(PWS). The immediate requirement is for one (1)

Level II armed guard post with 2 Level 2-Armed

Guards, 2 - PSO/Guards per day.

Shift 1 - 1 PSO/Guard 0630-1830

Shift 2 - 1 PSO/Guard 1830- 0630

Starting this Friday at 0630.

Location:

FEMA Joint Field Office

4522 Pacific Avenue SE

Lacey, WA 98503

Additional locations within Washington State may be required. Shifts will vary during the progression of this disaster.

Solicitation Details:

This is a Combined Synopsis/Solicitation for commercial items in accordance with FAR Subpart

12.6, as supplemented by this notice and the attached Statement of Work. Services are classified under Department of Labor category

27102 Guard II armed security personnel. The

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

Department of Labor Service Contract Act Wage

Rate Determination applies and is available at

SAM.gov.

Period of Performance:

Base period of 90 days from the date of award, with possible option periods. No guaranteed minimum or maximum quantity of hours or days.

Set-Aside:

Per FAR 52.226-4, offers are solicited only from businesses residing or primarily operating in designated disaster area counties and reservations within Washington State (see solicitation clauses for full list). If no qualified offerors are available in these areas, consideration will be given to all offerors. This set-aside is in addition to any small business set-aside.

Offeror Requirements:

Active registration in SAM.gov with current UEI number.

Maintain current SAM registration and UEI throughout contract performance.

Payment via automatic funds transfer to vendor’s SAM-registered account.

Online representations and certifications must be current, complete, and accurate.

Evaluation Factors:

Award will be made based on best value, considering the following factors:

Experience: Verifiable experience in Level II armed guard operations, preferably in disaster response. Include all relevant experience, not limited to government contracts.

Price: Hourly rate for one guard post - 12 hours per day. Additional line items may be proposed.

Past Performance: List all federal contracts from the past seven years, including contract numbers, roles (prime/subcontractor), and points of contact. State, local, and commercial

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C) contracts may also be referenced.

Disaster Area Representation: To receive

Disaster Area Preference, the business must be registered in SAM with an address in one of the designated counties/areas for DR-4906-WA.

Offer Submission Instructions:

Offers must address all evaluation factors and include:

-Offeror name and primary point of contact

-SAM UEI number

-Business address (including county), email, and phone number

-Disaster Area Representation

--Signed statement affirming compliance with

FAR 52.226-4 local firm definition (manual or electronic signature)

-Hourly pricing for one and additional armed guards. Hourly rate shall be fully burdened.

-Statement confirming current and accurate online representations and certifications

Submission:

Offers must be submitted via email to

Richard.Albidress@fema.dhs.gov and

FEMA-R10-Contracts@fema.dhs.gov with the subject line: “70FBR026Q00000015 Level II Armed

Guards for Lacy, WA.”

Due Date:

Offers are due by 9:00 AM Pacific Time on

Thursday, April 30, 2026.

Additional Information:

Subject to Funds Availability.

Start date is Friday, May 1, 2026, at 0645

Pacific Time (subject to change).

No guaranteed minimum or maximum hours/days;

requirements may decrease during contract performance.

Proposed hourly rates shall be fully burdened.

Period of Performance: 05/01/2026 to

07/30/2026

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

0001 1450 HRLevel II Armed Security Guard Services Federal

Emergency Management Agency (FEMA) DR-4906-WA

Joint Field Office

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING-

GUARD

1001 1056 HROPTION PERIOD 1

JUNE 28, 2024 THROUGH SEPTEMBER 27, 2024

(Option Line Item)

Date Option to be Exercised 07/31/2026

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING-

GUARD

Period of Performance: 07/31/2026 to

10/29/2026

2 - Section 2 4 - Section 4

2 - Section 2

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.217-6 Option for Increased Quantity. (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified.

The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-8 Option To Extend Services. (NOV 1999)

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

(End of clause)

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option];

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [60 days unless a different number of days is inserted] days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [(months)(years)].

(End of clause)

52.226-3 Disaster or Emergency Area Representation. (NOV 2007)

(a) Set-aside area. The area covered in this contract is: State of Washington Disaster Declaration 4906 Declared Counties of: Asotin (County) Chehalis Indian Reservation Chelan (County) Clallam (County) Clark (County) Cowlitz (County) Garfield (County) Grays Harbor (County)

Hoh Indian Reservation Island (County) Jamestown Reservation Jefferson (County) Kalispel Indian Reservation King (County) Kittitas (County) Klickitat (County) Lewis (County) Lower Elwha Indian Reservation Lummi Indian Reservation Makah Indian Reservation Mason (County) Muckleshoot Indian Reservation Nooksack Indian Reservation Pacific (County) Pend Oreille (County) Pierce (County) Puyallup Indian Reservation Quileute Indian Reservation Quinault Indian Reservation Samish (TDSA) Sauk-Suiattle Indian Reservation Shoalwater Bay Reservation Skagit (County) Skamania (County) Skokomish Indian Reservation Snohomish (County) Squaxin Island Indian Reservation Stillaguamish Indian Reservation Swinomish Indian Reservation Tulalip Indian Reservation Upper Skagit Indian Reservation Wahkiakum (County) Whatcom (County) Yakima (County)

(b) Representations. The offeror represents that it ___ does ___ does not reside or primarily do business in the designated set-aside area.

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months-

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees.

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include-

(1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer.

The solicitation may require the offeror to submit with its offer documentation to support the representation.

(End of provision)

52.226-4 Notice of Disaster or Emergency Area Set-Aside. (NOV 2007)

(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in State of Washington Disaster Declaration 4906 Counties of: Asotin (County) Chehalis Indian

Reservation Chelan (County) Clallam (County) Clark (County) Cowlitz (County) Garfield (County) Grays Harbor (County) Hoh Indian Reservation Island (County) Jamestown Reservation Jefferson (County) Kalispel Indian Reservation King (County) Kittitas (County) Klickitat (County) Lewis (County) Lower Elwha Indian Reservation Lummi Indian Reservation Makah Indian Reservation Mason (County) Muckleshoot Indian Reservation Nooksack Indian Reservation Pacific (County) Pend Oreille (County) Pierce (County) Puyallup Indian Reservation Quileute Indian Reservation Quinault Indian Reservation Samish (TDSA) Sauk-Suiattle Indian Reservation Shoalwater Bay Reservation Skagit (County) Skamania (County) Skokomish Indian Reservation Snohomish (County) Squaxin Island Indian Reservation Stillaguamish Indian Reservation Swinomish Indian Reservation Tulalip Indian Reservation Upper Skagit Indian Reservation Wahkiakum (County) Whatcom (County) Yakima (County) Offers received from other businesses shall not be considered.

(b) This set-aside is in addition to any small business set-aside contained in this contract.

(End of clause)

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area. (NOV 2007)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

52.233-3 Protest After Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

3052.205-70 Advertisements, Publicizing Awards, and Releases. (SEP 2012)

3052.212-70 Contract terms and conditions applicable to DHS acquisition of commercial items. (JUL 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.)

(a) Provisions.

[ ] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

[ ] 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

[ ] 3052.247-70 F.o.B. Origin Information.

[ ] Alternate I

[ ] Alternate II

[ ] 3052.247-71 F.o.B. Origin Only.

[ ] 3052.247-72 F.o.B. Destination Only.

(b) Clauses.

[ ] 3052.203-70 Instructions for Contractor Disclosure of Violations.

[X] 3052.204-71 Contractor Employee Access.

[ ] Alternate I

[ ] Alternate II

[X] 3052.204-72 Safeguarding of Controlled Unclassified Information.

[X] 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

[X] 3052.205-70 Advertisement, Publicizing Awards, and Releases.

[ ] Alternate I

[ ] 3052.209-72 Organizational Conflicts of Interest.

[ ] 3052.209-73 Limitation on Future Contracting.

[X] 3052.215-70 Key Personnel or Facilities.

[ ] 3052.216-71 Determination of Award Fee.

[ ] 3052.216-72 Performance Evaluation Plan.

[ ] 3052.216-73 Distribution of Award Fee.

[ ] 3052.217-91 Performance. (USCG)

[ ] 3052.217-92 Inspection and Manner of Doing Work. (USCG)

[ ] 3052.217-93 Subcontracts. (USCG)

[ ] 3052.217-94 Lay Days. (USCG)

[ ] 3052.217-95 Liability and Insurance. (USCG)

[ ] 3052.217-96 Title. (USCG)

[ ] 3052.217-97 Discharge of Liens. (USCG)

[ ] 3052.217-98 Delays. (USCG)

[ ] 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

(USCG)

[ ] 3052.217-100 Guarantee. (USCG)

[ ] 3052.219-71 DHS Mentor Protégé Program.

[X] 3052.228-70 Insurance.

[ ] 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

[ ] 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

[ ] 3052.228-92 Fair Market Value of Aircraft. (USCG)

[ ] 3052.228-93 Risk and Indemnities. (USCG)

[ ] 3052.236-70 Special Provisions for Work at Operating Airports.

[X] 3052.242-72 Contracting Officer's Representative.

[ ]HSAR 3052.249-90 Contract Termination (USCG).

(End of clause)

52.204-24 DEVIATION REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG

2020)

DEFECTIVE INVOICES

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.

IDENTIFICATION OF GOVERNMENT OFFICIALS

IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Sandra Shanks

Phone: (303)501-0051

Email: sandra.shanks@fema.dhs.gov

Fax: []

Contract Specialist:

Name: []

Phone: []

Email: []

Fax: []

Contracting Officer’s Representative:

Name: []

Phone: []

Email: []

Fax: []

BILLING INSTRUCTIONS

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.

NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

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 disputes 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. For more information on FEMA’s ADR services, please contact FEMA’s ADR office at the following address:

Federal Emergency Management Agency

Alternative Dispute Resolution Division

FEMA Office of Chief Counsel

400 Virginia Avenue, SW

Washington, DC 20472-3400

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 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.

1. “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.

2. “Ombudsman” is the agency official above the level of the contacting officer designated by the Director of Acquisitions Operations to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the ombudsman.

3. “Day” is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is Saturday, Sunday, or a

Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.

B. Submission Guidelines.

1. Agency protests may be filed through the contracting officer or, at a level above the contracting officer, through the ombudsman either by facsimile transmission or by “Certified Mail” (Return Receipt Requested) as follows:

FEMA

Sandra, Shanks

130 228th St SW

Bothell, WA 98021-8627 sandra.shanks@fema.dhs.gov or

FEMA

David Orris, Contract Specialist

16825 South Seton Ave, Bldg-E-114

Emmitsburg MD 21727 david.orris@fema.dhs.gov

2. The outside of the envelope or beginning of the FAX transmission must be marked “Agency Protest”. If the protester submits the protest directly through the ombudsman, the protester must also, within one (1) day of submitting the protest to the ombudsman, submit a copy of the protest to the responsible contracting officer either by FAX transmission or by “Certified Mail” (Return Receipt Requested).

3. To be filed on a given day, protests and any subsequent appeals must be received by 4:30 p.m., current-local time. Any protests received after that time will be considered to be filed on the next day.

4. Protest submission will not be considered filed until all of the following information is provided:

a. The protester’s name, address, telephone number and fax number;

b. The solicitation or contract number;

c. A detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced;

d. Copies of relevant documents;

e. A request for ruling by the agency;

f. A statement detailing the form of relief requested;

g. All information establishing that the protester is an interested party for the purposes of filings a protest; and

h. All information establishing the timeliness of the protest.

5. All protests must be signed by an authorized representative of the protester; and must be addressed to the contracting officer or the ombudsman.

C. Timeliness/Resolution of Protests.

1. Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.

2. Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.

3. Protests filed through the contracting officer within 20 days after the protest is filed through the contracting officer, the contracting officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)”.

D. Appeals.

1. Protesters who filed protests through the contracting officer may, within five days of receipt of the contracting officer’s written ruling, appeal to the ombudsman.

2. Requests for appellate review must be submitted to the ombudsman by facsimile transmission or by “Certified Mail” (Return Receipt

Requested).

3. The ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return

Receipt Requested)” within 10 days of receipt of the request for appellate review of the contracting officer’s decision.

4. In accordance with FAR 33.103(d)(4) and 4 C.F.R. 21.2(a)(3), if there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action.

E. Protests filed through the ombudsman:

1. If the protester protests directly through the ombudsman, the ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt

Requested)” within 35 days after the protest was filed.

2. Protests filed directly through the ombudsman cannot be appealed within the agency.

F. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protests).

52.204-24 Reserved

4 - Section 4