Lease of Fuel Tank and Fuel Deliveries Site Visit on 5/29/2019 see site visit instructions

Closed Solicitation Posted May 22, 2019

Solicitation number: 70FBR619R00000043
Agency: FEMA Region 6 Federal Emergency Management Agency, Department of Homeland Security
Responses due: Jun 3, 2019, 6:00 PM ET
Set-aside: No set-aside

Opportunity facts

NAICS code: 424710 Petroleum Bulk Stations and Terminals
PSC: Not on record
Place of performance: 2745 Byrd Street Beeville, Texas 78102, United States

Notice details come from SAM.gov. Updated Jun 3, 2019.

Notice text

5 versions

Update #5 · Latest · Jun 3, 2019

Site Visit Instructions had the wrong date, this has been corrected and added in the new Site Visit Instructions. Site Visit Date is 5/29/2019 at 0900.
This RFQ is being change from a small business set-aside to full and open as of 5/28/2019.
This requirement is being extended until 1700 CST 6/3/2019.
.

Update #4 · May 28, 2019

Request for Quote
FEMA 70FBR619Q00000043
Lease of Fuel Tank and Fuel Deliveries

This is a combined synopsis/solicitation for commercial items / non-personal services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
Solicitation Number 70FBR619Q00000043 is issued as a Request for Quote (RFQ) to fulfill a requirement at Beeville, Texas. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02TA.
The anticipated period of performance is 6 months from date of award, with two (2) six-month option periods.
This RFQ is being ammended to reflect that it is now Full & Open and no longer a small business set aside.
This solicitation is for local businesses in accordance with the Robert T. Stafford Act (42 U.S.C. 5150), and FAR 26.2 Disaster or Emergency Assistance Activities, and is set-aside for Small Businesses that reside or primarily do business within the disaster declared Texas counties of:
Aransas, Austin, Bastrop, Bee, Bexar, Brazoria, Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, Wharton
Location: The leased fuel tanks and deliveries will take place at 2745 Byrd Street, Beeville, TX 78102.

Items Full Description and terms listed within the Attachment 70FBR619Q00000043 and SOW

Items:
0001 Fuel Tank Initial Set up Fee & Pickup Upon Completion 2 EA
0002 Storage Tank Lease 6 MO
0003 Fuel Delivery Cost 6 MO
0004 Fuel Cost 6 MO
0005 Rental or Purchase of Pump, Hoses, and Nozzle 1 EA
one time fee for pump, auto shut off, metered
0006 Maintenance Fee to include parts - per 6 months 1 EA
0007 Charge for fuel pump out of 2 fuel tank(s) at pickup 1 EA
1002 Option Period 1 - Storage Tank Lease 6 MO
1003 Option Period 1 - Fuel Delivery Cost 6 MO
1004 Option Period 1 - Fuel Cost 6 MO
2002 Option Period 2 - Storage Tank Lease 6 MO
2003 Option Period 2 - Fuel Delivery Cost 6 MO
2004 Option Period 2 - Fuel Cost 6 MO

Period of Performance: One- 6 month base from time of award with two six-month Option Periods
Estimated start base period 6/6/2019 to 12/5/2019 (Will be adjusted based on Award and Agreed upon Delivery)

The purchase order will be awarded to a responsible contractor who provides the "Lowest-Priced-Technically-Acceptable" (LPTA). The following factors will be used to evaluate quotes:
Technical Acceptability
1) Minimum requirements are listed in the attached Statement of Work, (SOW), and are incorporated into this solicitation.
2) Preference will be given to those small businesses that reside in the DR-4332-TX Declared Disaster Area and will be verified prior to selection.
Attachment 1 Disaster Area Set-Aside1
FAR 52.226-3(b)- Disaster or Emergency Area Representation (Nov 2007); FAR 52.226-4 - Notice of Disaster or Emergency Area Set-Aside (Nov 2007; FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area; FAR 52.212-3 - Offerors Representations and Certifications - Commercial Items (Oct 2018)
Note- A positive response to questions proposed in Attachment 1 Disaster Area Set-Aside will only be considered. Non-Responsiveness to the questions will be considered a "No Bid response".

Non-local vendors are welcomed to bid, however local preference will be given to local vendors residing or primarily doing business in the disaster affected area DR4332TX which will be verified prior to selection for award.

3) Past Performance must be in good standing and eligible to receive an award.

4) Contractor must have an active registration in the System for Award Management (SAM) and have a valid Dun and Bradstreet number (DUNS) https://www.sam.gov.

5) Contractor must NOT have an exclusion in the Exclude Parties List System (EPLS) and are not listed on the list of parties excluded from the Federal Procurement or otherwise ineligible to receive an award.

6) Price will be evaluated for reasonableness.
All proposals shall contain the minimum information required under FAR 52.212-1, Instructions to Offerors, Commercial Items (Oct 2018). Your proposal, in accordance with FAR 52.212-3 Offeror Representations and Certifications, Commercial Items (Oct 2018), shall list your DUNS number or, CAGE code, Company name, Point of Contact and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. Lack of registration in the SAM database will make an offeror ineligible for award.
In accordance with FAR 52.212-2 (Oct 2014), the Government intends to make an award to the Contractor who submits the Lowest Price Technically Acceptable (LPTA) quote and deemed responsive and responsible by the Contracting Officer. Offeror must meet the requirements as specified in the Statement of Work (SOW) and this RFQ. The anticipated award will be a Firm Fixed-Price contract. Offerors must submit quotes on the full quantity identified. Failure to submit all information requested in the instruction to offerors could be cause for rejection of the entire quote. The Contracting Officer reserves the right to make no award under this procedure.

Award decision will be based on the lowest evaluated price from the responsible offeror whose quote is "responsive" and found technically acceptable.

Except for communications conducted for the purpose of minor clarification, the Government intends to evaluate quotes and award a contract with or without informal discussions. Therefore, each initial quotation should contain the offerors best terms from a technical capability, and price standpoint. However, the Government reserves the right to conduct informal discussions if it is later determined by the Contracting Officer to be necessary.

The contractor must provide Point of Contact (POC). The name of the POC, email and telephone number must be submitted with their quote/offer.

Contractor Name: POC:
Telephone #:
E-mail address:

Questions in regard to this Solicitation will be allowed via email until 30 May 2019 at 15:00 hours CST. Please respond with quotes by 3 June 2019 at 15:00 hours CST. Quotes are to be signed, dated and emailed to Contracting Officer at Bryon.Nolan@fema.dhs.gov. All questions about this request for quote to the Contract Specialist at the email address listed above. Responses should be marked with Solicitation Number 70FBR619R00000043 on both the quote and in the subject line of the email.

SUPPLIES OR SERVICES
Items are listed for quote as shown on attachment 70FBR619Q00000043

Note: Offeror's may use another format for submission of quotes. However, all quotes shall contain the minimum information required under Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offeror's, Commercial Items (Oct 2018).

A - Solicitation/Contract Form
52.204-17 Ownership or Control of Offeror. (JUL 2016)
(a) Definitions. As used in this provision-
Commercial and Government Entity (CAGE) code means-
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE)
Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization
(NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located
outside the United States and its outlying areas that the DLA Commercial and
Government Entity (CAGE) Branch records and maintains in the CAGE master file. This
type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following
information:
Immediate owner CAGE code: [ ]
Immediate owner legal name: [ (Do not use a "doing business as" name)]
Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No.
(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: [ ]
Highest-level owner legal name: [(Do not use a "doing business as" name)]
(End of provision)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (JUN 2016)
52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018)
52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -
Commercial Items. (JAN 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor
provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)
(Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV
2015).
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006),
with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41
U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to
contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
[X] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-
117, section 743 of Div. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C.
6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (10) (Reserved)
[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011)
(15 U.S.C. 657a).
[ ] (ii) Alternate I (NOV 2011) of 52.219-3.
[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (ii) Alternate I (JAN 2011) of 52.219-4.
[ ] (13) (Reserved)
[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.
644).
[ ] (ii) Alternate I (NOV 2011).
[ ] (iii) Alternate II (NOV 2011).
[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.
644).
[ ] (ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.
637(d)(2) and (3)).
[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C.
637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (NOV 2016) of 52.219-9.
[ ] (v) Alternate IV (AUG 2018) of 52.219-9.
[X] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.
637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(NOV 2011) (15 U.S.C. 657f).
[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013)
(15 U.S.C. 632(a)(2)).
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C.
637(m)).
[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned
Small Business Concerns Eligible Under the Women-Owned Small Business Program
(DEC 2015) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018)
(E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JUL 2014) of 52.222-35.
[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29
U.S.C. 793).
[ ] (ii) Alternate I (JUL 2014) of 52.222-36.
[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (DEC 2010) (E.O. 13496).
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter
78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.
13627).
[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not
applicable to the acquisition of commercially available off-the-shelf items or certain other
types of commercial items as prescribed in 22.1803.)
[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the
acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not
applicable to the acquisition of commercially available off-the-shelf items.)
[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[X] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN
2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s
13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[X] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42
U.S.C. 8259b).
[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products
(OCT 2015) (E.O.s 13423 and 13514).
[ ](ii) Alternate I (JUN 2014) of 52.223-16.
[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While
Driving (AUG 2011)
[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[X] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY
2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I (MAY 2014) of 52.225-3.
[ ] (iii) Alternate II (MAY 2014) of 52.225-3.
[ ] (iv) Alternate III (MAY 2014) of 52.225-3.
[ ] (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[X] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42
U.S.C. 5150).
[X] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42 U.S.C. 5150).
[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)
(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (OCT 2018) (31 U.S.C. 3332).
[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award
Management (JUL 2013) (31 U.S.C. 3332).
[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(12)).
[ ] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[ ] (ii) Alternate I (APR 2003) of 52.247-64.
[ ] (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
[X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter
67).
[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29
U.S.C. 206 and 41 U.S.C. chapter 67).
[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards
to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(MAY 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards
to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
[X] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY
2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(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 Subpart 4.7, Contractor Records Retention, of the 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 form. This 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.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41
U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of
the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as
extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL
2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds $700,000 ($1.5 million for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier subcontracts that
offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.
13495). Flow down required in accordance with paragraph (l) of FAR clause
52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29
U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance
with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.
chapter 67).
(xiii) [X] (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22
U.S.C. chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and
E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services-Requirements (MAY 2014) (41
U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O.
12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)
(E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the
United States (Oct 2016) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
(MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with
paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down
required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor May include in its subcontracts for commercial
items a minimal number of additional clauses necessary to satisfy its contractual
obligations.
(End of clause)
52.236-12 Cleaning Up. (APR 1984)
52.236-13 Accident Prevention. (NOV 1991)
3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.
(SEP 2012)
As prescribed in (HSAR) 48 CFR 3012.301, insert the following clause:
CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF
COMMERCIAL ITEMS (SEP 2012)
-
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.
__X___3052.209-72 Organizational Conflicts of Interest.
_____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 Protege Program.
(b) Clauses.
_____3052.203-70 Instructions for Contractor Disclosure of Violations.
_____3052.204-70 Security Requirements for Unclassified Information Technology Resources.
__X___3052.204-71 Contractor Employee Access.
_____Alternate I
__X___3052.205-70 Advertisement, Publicizing Awards, and Releases.
_____3052.209-73 Limitation on Future Contracting.
_____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)
_____3052.219-70 Small Business Subcontracting Plan Reporting.
_____3052.219-71 DHS Mentor Protege Program.
_____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 Technical Representative.
_____3052.247-70 F.o.B. Origin Information.
_____Alternate I
_____Alternate II
_____3052.247-71 F.o.B. Origin Only.
__X___3052.247-72 F.o.B. Destination Only.
(End of clause)
B - Supplies or Services/Prices

C - Description/Specifications

NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS
The following standard items relate to records generated in executing the
contract and should be included in a typical Electronic Information Systems
(EIS) procurement contract:
1. Citations to pertinent laws, codes and regulations such as 44 U.S.C
chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy
Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
2. Contractor shall treat all deliverables under the contract as the property
of the U.S. Government for which the Government Agency shall have unlimited
rights to use, dispose of, or disclose such data contained therein as it
determines to be in the public interest.
3. Contractor shall not create or maintain any records that are not
specifically tied to or authorized by the contract using Government IT equipment
and/or Government records.
4. Contractor shall not retain, use, sell, or disseminate copies of any
deliverable that contains information covered by the Privacy Act of 1974 or
that which is generally protected by the Freedom of Information Act.
5. Contractor shall not create or maintain any records containing any
Government Agency records that are not specifically tied to or authorized by the
contract.
6. The Government Agency owns the rights to all data/records produced as part
of this contract.
7. The Government Agency owns the rights to all electronic information
(electronic data, electronic information systems, electronic databases, etc.)
and all supporting documentation created as part of this contract. Contractor
must deliver sufficient technical documentation with all data deliverables to
permit the agency to use the data.
8. Contractor agrees to comply with Federal and Agency records management
policies, including those policies associated with the safeguarding of records
covered by the Privacy Act of 1974. These policies include the preservation of
all records created or received regardless of format (paper, electronic, etc.)
or mode of transmission (e-mail, fax, etc.) or state of completion (draft,
final, etc.).
9. No disposition of documents will be allowed without the prior written
consent of the Contracting Officer. The Agency and its contractors are
responsible for preventing the alienation or unauthorized destruction of
records, including all forms of mutilation. Willful and unlawful destruction,
damage or alienation of Federal records is subject to the fines and penalties
imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of
the Agency or destroyed without regard to the provisions of the agency records
schedules.
10. Contractor is required to obtain the Contracting Officer's approval prior
to engaging in any contractual relationship (sub-contractor) in support of this
contract requiring the disclosure of information, documentary material and/or
records generated under, or relating to, this contract. The Contractor (and any
sub-contractor) is required to abide by Government and Agency guidance for
protecting sensitive and proprietary information.

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance
52.211-17 Delivery of Excess Quantities. (SEP 1989)
52.242-15 Stop-Work Order. (AUG 1989)
52.242-17 Government Delay of Work. (APR 1984)
52.247-34 F.o.b. Destination. (JAN 1991)
G - Contract Administration Data

Technical Direction and Surveillance
TECHNICAL DIRECTION AND SURVEILLANCE
(a) 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. (b) The COR does not have the authority to, and shall not, issue any technical direction which:
(1) Constitutes an assignment of additional work outside the Statement of Work;
(2) Constitutes a change as defined in the contract clause entitled "Changes";
(3) 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;
(4) Changes any of the expressed terms, conditions, or specifications of the contract; or
(5) Interferes with the Contractor's right to perform the specifications of the contract.
(c) All technical directions shall be issued in writing by the COR.
(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the
COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall 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:
(1) the technical direction is rescinded in its entirety
(2) 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.
(e) 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.
(f) 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.
IDENTIFICATION OF GOVERNMENT OFFICIALS
IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)
The Government Officials assigned to this contract are as follows:
Administrative Contracting Officer:
Name: Bryon Nolan
Phone: 202-340-2186
Email: Bryon.Nolan@fema.dhs.gov
Fax: N/A
Contract Specialist:
Name: Valerie Tuinei Flora
Phone: (202)718-0216
Email: valerie.tuineiflora@fema.dhs.gov
Fax: N/A
Contracting Officer's Representative:
Name: Jackie Leshore
Phone: 202-718-1083
Email: Jackie.leshore@fema.dhs.gov
Fax: N/A
H - Special Contract Requirements

I - Contract Clauses

52.202-1 Definitions. (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR
2.101 in effect at the time the solicitation was issued, unless-
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed
provides a different meaning; or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and
procedures.
(End of clause)
52.203-5 Covenant Against Contingent Fees. (MAY 2014)
52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)
52.203-7 Anti-Kickback Procedures. (MAY 2014)
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of
Whistleblower Rights. (APR 2014)
52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.216-3 Economic Price Adjustment - Semistandard Supplies. (JAN 1997)
(a) The Contractor warrants that the supplies identified as line items __________ (offeror insert Schedule line item number) in the Schedule are, except for modifications required by the contract specifications, supplies for which it has an established price. The term established price means a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor. The Contractor further warrants that, as of the date of this contract, any
difference between the unit prices stated in the contract for these line items and the Contractor's established prices for like quantities of the nearest commercial equivalents are due to compliance with contract specifications and with any contract requirements for preservation, packaging, and packing beyond standard commercial practice.
(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price (exclusive of any part of the unit price that reflects modifications resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond tandard commercial practice) shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.
(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price (exclusive of any part of the unit price resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond standard commercial practice) shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:
(1) The aggregate of the increases in any contract unit price under this clause shall not
exceed 10 percent of the original contract unit price.
(2) The increased contract unit price shall be effective (i) on the effective date of the
increase in the applicable established price if the Contracting Officer receives the
Contractor's written request within 10 days thereafter, or (ii) if the written request is
received later, on the date the Contracting Officer receives the request.
(3) The increased contract unit price shall not apply to quantities scheduled under the
contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.
(4) No modification increasing a contract unit price shall be executed under this
paragraph (c) until the Contracting Officer verifies the increase in the applicable
established price.
(5) Within 30 days after receipt of the Contractor's written request, the Contracting
Officer may cancel, without liability to either party, any undelivered portion of the
contract items affected by the requested increase.
(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) above, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) above.
(End of clause)
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 5 days. 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 5 days. 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. This 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 24 hours.
(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 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7days (60 days unless a different number of days is inserted) 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 2 years and 0 Months(months)(years).
(End of clause)
52.222-17 Nondisplacement of Qualified Workers. (MAY 2014)
52.222-50 Combating Trafficking in Persons. (JAN 2019)
52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)
52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL 1995)
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
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 Aransas, Austin, Bastrop, Bee, Bexar, Brazoria, Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, Wharton 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)
(a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.
(b) The Contractor agrees that in performance of the contract in the case of a contract for--
(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the area designated in the clause at FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The
Contractor or employees of other businesses residing or primarily doing business in the
set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials;
(3) General construction. The Contractor will perform at least 15 percent of the cost of
the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or
(4) Construction by special trade Contractors. The Contractor will perform at least 25
percent of the cost of the contract, not including the cost of materials, with its own
employees or employees of other businesses residing or primarily doing business in the
set-aside area.
(End of clause)
52.226-6 Promoting excess food donation to nonprofit organizations. (MAY 2014)
52.229-3 Federal, State, and Local Taxes. (FEB 2013)
52.232-1 Payments. (APR 1984)
52.232-8 Discounts for Prompt Payment. (FEB 2002)
52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)
52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991)
52.233-3 Protest After Award. (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.237-3 Continuity of Services. (JAN 1991)
52.244-6 Subcontracts for Commercial Items. (JAN 2019)
52.247-5 Familiarization with Conditions. (APR 1984)
52.247-15 Contractor Responsibility for Loading and Unloading. (APR 1984)
52.247-17 Charges. (APR 1984)
52.247-21 Contractor Liability for Personal Injury and/or Property Damage. (APR 1984)
52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods.
(APR 1984)
52.247-27 Contract Not Affected by Oral Agreement. (APR 1984)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract.
(End of clause)
52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)
3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)
(a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal
Revenue Code of 1986 (without regard to section 150 (b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes
of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-
(1) The entity completes the direct or indirect acquisition of substantially all of the
properties held directly or indirectly by a domestic corporation or substantially all of the
properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-
(i) In the case of an acquisition with respect to a domestic corporation, by
former shareholders of the domestic corporation by reason of holding stock in
the domestic corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by
former partners of the domestic partnership by reason of holding a capital or
profits interest in the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.
(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:
(i) Stock held by members of the expanded affiliated group which includes the
foreign incorporated entity; or
(ii) Stock of such entity which is sold in a public offering related to an
acquisition described in section 835(b)(1) of the Homeland Security Act, 6
U.S.C. 395(b)(1).
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or
indirectly substantially all of the properties of a domestic corporation or partnership
during the 4-year period beginning on the date which is 2 years before the ownership
requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities (including by
contribution or distribution) shall be disregarded if such transfers are part of a plan a
principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed
appropriate to do so to reflect the present value of the transaction or to disregard
transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that (Check one):
[] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation
pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;
[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or
[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of Clause)
3052.222-70 Strikes or picketing affecting timely completion of the contract work. (DEC 2003)
3052.222-71 Strikes or picketing affecting access to a DHS facility. (DEC 2003)

J - List of Documents, Exhibits and Other Attachments

Attachment
Number Title Date
1 Attachmet 1 SOW for Fuel Management Control 05/22/2019
2 Attachment 2 Fuel Map Location 05/22/2019
3 Attachment 3 Wage Determination Bee County WD 15-5305
(Rev.8) 05/22/2019
4 Attachment 4 Site Visit Information & Beeville Ingress-Egress
Map 05/22/2019
5 Attachment 5 Invoice Instructions 05/22/2019
6 Attachment 6 Disaster Area Set Aside- Updated 05/22/2019

K - Representations, Certifications, and Other Statements of Bidders

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certifications. (AUG 2018)
52.226-3 Disaster or Emergency Area Representation. (NOV 2007)
(a) Set-aside area. The area covered in this contract is: Aransas, Austin, Bastrop, Bee, Bexar, Brazoria, Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, Wharton
(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 setaside 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 setaside area;
(5) Percentage of the offeror's gross revenues attributable to work performed in the setaside 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)

L - Instructions,Conditions, and Notices to Bidders

Notice of Filing Requirements for Agency Protests
52.204-7 System for Award Management. (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)
52.233-2 Service of Protest. (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer].
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.237-1 Site Visit. (APR 1984)
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
Bryon Nolan, Administrative Contracting Officer
bryon.nolan@fema.dhs.gov
FEMA Region VI
202-340-2186
[]
or
FEMA
Federal Emergency Management, FEMA Office of Chief Counsel
FEMA Office of Chief Counsel
400 Virginia Avenue, SW
Washington, DC 20472-3400
[]
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).

M - Evaluation Factors for Award

The purchase order will be awarded to the responsible contractor who provides a quote that is the "Lowest
Priced Technically Acceptable" (LPTA). The following factors will be used to evaluate quotes:
Technically Acceptable
1). Minimum requirements are listed in the attached Statement of Works, (SOW), and are incorporated into this solicitation.
2). Preference will be given to the small businesses that reside in the DR-4432 TX Declared Disaster area and will be verified prior to selection.
Non-local vendors are welcomed to bid, however preference will be given to the local vendors residing or primarily doing business in the disaster affected area DR4332TX, verified prior to selection for an award.
3). Past Performance must be in good standing and eligible to receive an award.
4). Contractor must have an active registration in the System for Award Management (SAM) and have a valid Dun and Bradstreet number (DUNS) http://www.sam.gov.
5). Contractor must NOT have an exclusion in the Excluded Parties List System (EPLS) and are not listed on the list of parties excluded from the Federal Procurement or otherwise ineligible to receive an award.
6). Price will be evaluated for reasonableness.
In accordance with FAR 52.212-2 (Oct 2014), the Government intends to make an award to the Contractor who submits the LPTA quote and deemed responsive and responsible by the Contracting Officer. Offerors must meet the requirements as specified in the Statement of Work (SOW) and this RFQ. The anticipated
award will be a Firm Fixed Price contract. Offerors must submit quotes on the full quantity identified. Failure to submit all information requested in the instructions to offerors could be cause for rejection of the entire quote. The Contracting Officer reserves the right to make no award under this requirement. Except for communications conducted for the purpose of minor clarifications, the Government intends to evaluate quotes and award a contract with or without informal discussions. Therefore, each initial quotation should contain the offerors best terms and price. However, the Government reserves the right to conduct informal discussions if it is later determined by the Contracting Officer to be necessary.
Questions in regards to the Solicitation will be allowed via email until May 30. 2019 at 15:00 hours CST. Please respond with quotes by June 3, 2019 at 15:00 CST. Quotes are to be signed, dated and emailed to Contracting Officer at Bryon.nolan@fema.dhs.gov Please direct all questions about this request for quote
to the email address listed above. Responses should be marked with the Solicitation Number of 70FBR619Q00000043.

Update #3 · May 28, 2019

Request for Quote
FEMA 70FBR619Q00000043
Lease of Fuel Tank and Fuel Deliveries

This is a combined synopsis/solicitation for commercial items / non-personal services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
Solicitation Number 70FBR619Q00000043 is issued as a Request for Quote (RFQ) to fulfill a requirement at Beeville, Texas. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02TA.
The anticipated period of performance is 6 months from date of award, with two (2) six-month option periods.
This solicitation is for local businesses in accordance with the Robert T. Stafford Act (42 U.S.C. 5150), and FAR 26.2 Disaster or Emergency Assistance Activities, and is set-aside for Small Businesses that reside or primarily do business within the disaster declared Texas counties of:
Aransas, Austin, Bastrop, Bee, Bexar, Brazoria, Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, Wharton
Location: The leased fuel tanks and deliveries will take place at 2745 Byrd Street, Beeville, TX 78102.

Items Full Description and terms listed within the Attachment 70FBR619Q00000043 and SOW

3) Past Performance must be in good standing and eligible to receive an award.

4) Contractor must have an active registration in the System for Award Management (SAM) and have a valid Dun and Bradstreet number (DUNS) https://www.sam.gov.

Award decision will be based on the lowest evaluated price from the responsible offeror whose quote is "responsive" and found technically acceptable.

The contractor must provide Point of Contact (POC). The name of the POC, email and telephone number must be submitted with their quote/offer.

Contractor Name: POC:
Telephone #:
E-mail address:

SUPPLIES OR SERVICES
Items are listed for quote as shown on attachment 70FBR619Q00000043

C - Description/Specifications

D - Packaging and Marking

E - Inspection and Acceptance

I - Contract Clauses

J - List of Documents, Exhibits and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions,Conditions, and Notices to Bidders

M - Evaluation Factors for Award

Added: May 23, 2019 1:14 pm Modified: May 28, 2019 11:50 amTrack Changes Site Visit Instructions had the wrong date, this has been corrected and added in the new Site Visit Instructions. Site Visit Date is 5/29/2019 at 0900.
This RFQ is being change from a small business set-aside to full and open as of 5/28/2019..

Update #2 · May 23, 2019

Site Visit Instructions had the wrong date, this has been corrected and added in the new Site Visit Instructions. Site Visit Date is 5/29/2019 at 0900..

Update #1 · May 22, 2019

Request for Quote
FEMA 70FBR619Q00000043
Lease of Fuel Tank and Fuel Deliveries

The anticipated period of performance is 6 months from date of award, with two (2) six-month option periods.
This solicitation is 100% Small Business set-aside for local businesses in accordance with the Robert T. Stafford Act (42 U.S.C. 5150), and FAR 26.2 Disaster or Emergency Assistance Activities, and is set-aside for Small Businesses that reside or primarily do business within the disaster declared Texas counties of:
Aransas, Austin, Bastrop, Bee, Bexar, Brazoria, Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, Wharton
NAICS Code 424710 - Petroleum Bulk Stations and Terminals - 200 employees
Product Service Code 9140 Fuel Oils
Location: The leased fuel tanks and deliveries will take place at 2745 Byrd Street, Beeville, TX 78102.

Items Full Description and terms listed within the Attachment 70FBR619Q00000043 and SOW

3) Past Performance must be in good standing and eligible to receive an award.

4) Contractor must have an active registration in the System for Award Management (SAM) and have a valid Dun and Bradstreet number (DUNS) https://www.sam.gov.

Award decision will be based on the lowest evaluated price from the responsible offeror whose quote is "responsive" and found technically acceptable.

The contractor must provide Point of Contact (POC). The name of the POC, email and telephone number must be submitted with their quote/offer.

Contractor Name: POC:
Telephone #:
E-mail address:

SUPPLIES OR SERVICES
Items are listed for quote as shown on attachment 70FBR619Q00000043

C - Description/Specifications

D - Packaging and Marking

E - Inspection and Acceptance

I - Contract Clauses

J - List of Documents, Exhibits and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions,Conditions, and Notices to Bidders

M - Evaluation Factors for Award

Files

File	Type	Posted
Attachment_4_Site_Visit_Information__Beeville_Ingress-Egress_Map.pdf	PDF	May 23, 2019
Attachmet_1_SOW_for_Fuel_Management__Control.pdf	PDF	May 22, 2019
70FBR619Q00000043.pdf	PDF	May 22, 2019
Attachment_2_Fuel_Map_Location.pdf	PDF	May 22, 2019
Attachment_5_Invoice_Instructions.pdf	PDF	May 22, 2019
Attachment_3_Wage_Determination_Bee_County_WD_15-5305_(Rev.8).pdf	PDF	May 22, 2019
Attachment_6_Disaster_Area_Set_Aside-_Updated.pdf	PDF	May 22, 2019
Attachment_4_Site_Visit_Information_&_Beeville_Ingress-Egress_Map.pdf	PDF	May 22, 2019

On GovTribe

Work this opportunity

Track it in your pipeline
Find teaming partners
Similar opportunities
Ask GovTribe AI about this opportunity

Try for free Login

GovTribe for Federal Contractors