HSFE70-16-R-0011 33 PART I - THE SCHEDULE SECTION A – STANDARD FORM (SF) 33 See page one (1), cover page SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS B.1 CONTRACT LINE ITEMS This is an indefinite-delivery, indefinite-quantity (IDIQ) contract from which task orders may be issued with a fixed price, labor hour, and/or cost reimbursement line items, based on the situations that necessitates the order. Funding will be provided on a task order basis. Task Orders shall be issued in accordance with section G.7 entitled “Task Order Procedures”. B.2 MINIMUM AND MAXIMUM AMOUNT The guaranteed minimum for this contract is $2,500.00. The not-to-exceed ceiling amount of the IDIQ including the base period and all option periods is $49,899,525.00. B.3 SERVICE CONTRACT ACT WAGE DETERMINATIONS This contract and its task orders may be subject to the Department of Labor (DOL) Service Contract Act. The Contractor shall utilize the wage determination applicable to the performance location specified within the task order. B.4 TRAVEL Travel shall be a cost-reimbursement CLIN included on task orders as applicable. Travel shall be in accordance with Federal Travel Regulations (FTR). Cost will be based on actual expenses incurred, as shown by receipts. Travel must be approved in advance and in writing by the COR prior to traveling. Travel expenses invoiced to the Government will be in accordance with FTR; the Government will not reimburse expenditures that exceed the FTR and are not in the documented Scope of Work outlined in this contract. B.5 OTHER DIRECT COSTS Other Direct Costs (ODCs) shall be cost-reimbursement CLINs included on task orders as applicable. All ODCs shall be pre-approved by the Contracting Officer Representative (COR). Cost reimbursements (Travel and ODC’s) will be based on actual expenses incurred, as shown by receipts. B.6 AUTHORIZATIONS FOR WORK Only the contracting officer (CO) can authorize work under this contract. FEMA will only pay for work authorized by a CO. B.7 PRICING SCHEDULE The pricing schedule for this contract can be found in Schedule, Contract Line Items.
Transcript
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PART I - THE SCHEDULE
SECTION A – STANDARD FORM (SF) 33See page one (1), cover page
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 CONTRACT LINE ITEMS
This is an indefinite-delivery, indefinite-quantity (IDIQ) contract from which task orders may be issued with a fixed price, labor hour, and/or cost reimbursement line items, based on the situations that necessitates the order. Funding will be provided on a task order basis. Task Orders shall be issued in accordance with section G.7 entitled “Task Order Procedures”.
B.2 MINIMUM AND MAXIMUM AMOUNT
The guaranteed minimum for this contract is $2,500.00. The not-to-exceed ceiling amount of the IDIQ including the base period and all option periods is $49,899,525.00.
B.3 SERVICE CONTRACT ACT WAGE DETERMINATIONS
This contract and its task orders may be subject to the Department of Labor (DOL) Service Contract Act. The Contractor shall utilize the wage determination applicable to the performance location specified within the task order.
B.4 TRAVEL
Travel shall be a cost-reimbursement CLIN included on task orders as applicable. Travel shall be in accordance with Federal Travel Regulations (FTR). Cost will be based on actual expenses incurred, as shown by receipts. Travel must be approved in advance and in writing by the COR prior to traveling. Travel expenses invoiced to the Government will be in accordance with FTR; the Government will not reimburse expenditures that exceed the FTR and are not in the documented Scope of Work outlined in this contract.
B.5 OTHER DIRECT COSTS
Other Direct Costs (ODCs) shall be cost-reimbursement CLINs included on task orders as applicable. All ODCs shall be pre-approved by the Contracting Officer Representative (COR). Cost reimbursements (Travel and ODC’s) will be based on actual expenses incurred, as shown by receipts.
B.6 AUTHORIZATIONS FOR WORK
Only the contracting officer (CO) can authorize work under this contract. FEMA will only pay for work authorized by a CO.
B.7 PRICING SCHEDULE
The pricing schedule for this contract can be found in Schedule, Contract Line Items.
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SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT
AIR TRANSPORTATION SUPPORT SERVICES
C.1 BACKGROUND
The Federal Emergency Management Agency (FEMA) mission is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.
The Response Directorate within FEMA coordinates and provides the core Federal disaster response capability needed to save lives, reduce suffering, and protect property in communities throughout the Nation that have been overwhelmed by the impact of a major disaster or emergency, regardless of cause. The Response Directorate must ensure that Federal emergency response systems and capabilities are properly poised to lean forward to support States and communities overwhelmed by disasters and emergencies.
To support declared or undeclared emergencies and disaster response operations within the United States, its territories and possessions, FEMA may need to transport responders, personnel, equipment, and vehicles to affected areas. To meet this need, FEMA requires a contracted source of air transportation services for various types of charter jet aircraft, corresponding but not limited to types described in this PWS. A contract of this type will enable FEMA to proactively support the emergency response needs associated with natural, technological and man-made disasters in a timely manner.
Notices of Requirement
Request for Information (RFI) HSFE70-16-I-0006 was posted on 12/29/2015 at Fedbizopps.gov for 30 days with twelve (12) interested vendors. The Synopsis was posted on September 1, 2016 to FEDbizopps.gov for 15 days.
C.2 SCOPE
The contractor shall provide all personnel, training, supervision, equipment, materials, facilities, supplies and services necessary to perform passenger and/or cargo airlift services in support of the tasks and deliverables described in this Performance Work Statement (PWS), unless otherwise specified as government-furnished materials or services. The contractor shall provide aircraft certified by the FAA and current commercial standards applicable to commercial aircraft charter. Aircrew will meet all applicable standards to include aircrew physical standards; FAA licensing; and appropriate training, currency/qualifications, and flying experience in the aircraft supplied and flown. The contractor shall provide all necessary material handling equipment for loading and unloading requirements with operators for all air, sea or ground transportation and the preparation of cargo for movement to include hazardous material preparation/certification and customs services, if required.
C.3 PERIOD OF PERFORMANCE
The period of performance is for a 12-month base period starting at contract award, with four (4) optional 12-month periods. Work may be required to be performed 24 hours a day, seven days a week, including Federal Holiday
C.4. PLACE OF PERFORMANCE
Location of performance will vary depending on operational needs and will be cited in each task order issued under the contract. The contractor shall be able to provide air transportation support services throughout the geographic United States inclusive of all other U.S. territories, compact of free associations and possessions
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C.5 CONTRACTOR RESPONSIBILITIES/SPECIFIC TASKS
A. Applicable Documents
Work to be accomplished under this PWS shall be performed using best commercial practices. Current issues of all applicable documents that include, but are not limited to those listed in this PWS, are to be used for reference purposes. Performance requirements that are called out as part of this PWS shall be adhered to. However, processes described in the referenced documents to achieve requirements should be used only if commercial processes are less practical or less economical.
Regulation TitleFederal Aviation Regulations Part 119 Certification: Air carriers and commercial operatorsFederal Aviation Regulations Part 121 Operating requirements: Domestic, flag, and supplemental
operationsFederal Aviation Regulations Part 135 Operating requirements: Commuter and on demand operations
and rules governing persons on board such aircraft
In addition, the contractor shall comply with all provisions of applicable statutes, tenders of service, and contract terms as such may affect flight safety, as well as with all applicable Federal Aviation Administration Regulations, Airworthiness Directives, Orders, rules, and standards promulgated under the Federal Aviation Act of 1958, as amended. Compliance with published standards may not, standing alone, constitute compliance with generally accepted standards of airmanship, training, or maintenance.
B. Specific Tasks
C.5.1 MANAGEMENT WORK PLAN AND REPORTING
(a) Within two weeks following the establishment of the contract and each specific task order, the contractor shall meet with the Contracting Officer’s Representative (COR) and other FEMA program and technical representatives to review the tasks of the PWS and requirements for developing a Program Management Plan (PMP).
(b) The contractor shall develop and submit to the COR for review not later than 30 days after the meeting described in paragraph (a), a PMP, identifying the organization and procedures used to fulfill the requirements of this PWS. The contractor’s PMP shall depict the organization structure, the assignment of functions, duties, and responsibilities, the procedures and policies, and the reporting requirements that are established for completing the activities assigned under this PWS. The PMP will be reviewed and approved by the COR before any work commences. The PMP shall be submitted to the COR and Contracting Officer upon approval.
(c) The contractor shall employ a program management structure to ensure the efficient execution of the work and capability to report on the status of work performed.
(d) The contractor shall promptly notify the CO of any issues or problems requiring a Government response.
(e) The contractor shall retain appropriate number of key personnel who have the necessary knowledge, skills, ability, and experience to effectively manage the contract and task order requirements.
(f) The contractor shall be proactive in identifying problem areas and providing corrective action.
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(g) The contractor shall provide Status Reports after each tasking to the COR and Contracting Officer which shall include, at a minimum: (1) a summary of the work accomplished; (2) cumulative flight hours and expenditures to include any billed aircraft positioning and depositioning costs where applicable; (3) any current and foreseeable problems and proposed corrective actions; and (4) the status of any task order incurred costs vs. planned costs. Flight hour costs shall include all direct flight expenses to include cost for flight repositioning; crew/personnel; aviation ground support equipment; maintenance; and insurance costs. Additional aviation support cost will be identified and paid as reimbursable expense items. Status Reports are due no later than the 15th of the first month following task order award and by the 15th of each month thereafter until the end of each task order period of performance unless required sooner. The report shall be submitted electronically (unprotected) to the COR and Contracting Officer. The format shall be developed by the contractor and agreed to by the Contracting Officer and COR.
C.5.2 AIR TRANSPORTATION SUPPORT
(a) The contractor shall provide “turn-key” support services at all locations (departure, intermediate, and arrival airfields) specified in individual task orders to include ground transport, lodging, and meals if required, for personnel, equipment, and vehicles from organization home station to departure airfield or designated location and at destination airfield to the disaster with the ability to retain transport and drivers for extended periods or until released by FEMA.
(b) The contractor shall provide all necessary material handling equipment (MHE) to load and unload aircraft and qualified personnel to operate equipment compatible with furnished aircraft. The contractor shall also provide all cargo preparation and manifesting of personnel, equipment, vehicles, and baggage for air movement, and all necessary services to prepare and certify hazardous material for air movement.
(c) AIRCRAFT TYPES AND CAPABILITIES. The contractor shall provide access to operational certified jet aircraft as described below, with the additional ability to provide other aircraft (fixed wing or rotary wing) if required. The following types of aircraft and associated capabilities that will be used to perform services under this contract includes:
1. Light Jet Class: Description: Light jets with pressurized cabinsCapacity: Holds 5 - 8 passengersAverage speed and range: Average cruising speed of 400-560 mph with average nonstop range of 1,500 milesOther Capabilities (as required): Ability to provide air to ground telephone service
2. Medium Cabin Jet Class: Description: Aircraft used for longer-range flights with additional space and fuel capacity than Small Cabin Jets.Capacity: Holds 7 - 10 passengersAverage speed and range: Average cruising speed of 490 - 590 mph with average nonstop range of 2,100 – 3,000 milesOther Capabilities (as required): Ability to provide air to ground telephone and data service
3. Large Cabin/Heavy Jet Class: Description: Aircraft that can cover long distances and do not require a major airport runwayCapacity: Holds 15 - 17 passengersAverage speed and range: Average cruising speed of 500 - 560 mph with average nonstop range of 3,000 – 7,000 milesOther Capabilities (as required): Ability to provide air to ground telephone and data service
4. Intermediate Jet Class: Description: Large aircraft that can cover long distances and require a major airport runwayCapacity: Holds 30 - 150 passengers with corresponding cargo capabilityAverage speed and range: Average cruising speed of 450 - 560 mph with average nonstop range of 1,000 – 3,000 milesOther Capabilities (as required): Ability to provide air to ground telephone and data service
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5. Large/Jumbo Passenger/Cargo: Description: Aircraft that can cover long distances and require a major airport runwayCapacity: Holds in excess of 150 passengers and associated cargo and/or vehiclesAverage speed and range: Average cruising speed of 480 - 570 mph with average nonstop range of 3,000 – 8,000 milesOther Capabilities (as required): Ability to provide air to ground telephone and data service
6. Twin-Engine Turboprop Passenger/Cargo:Description: Aircraft that can land on unimproved services or small, regional, or major airports with short to long range capabilityCapacity: Holds 4 - 92 passengers and associated cargo and/or vehicles (in larger aircraft)Average speed and range: Average cruising speed of 125 - 400 mph with average nonstop range of 400 – 4,500 miles
7. Helicopter: Description: Aircraft that can land on unimproved services or small, regional, or major airports with short to long range capabilityCapacity: Holds 2 - 25 passengers and associated cargoAverage speed and range: Average cruising speed of 70 - 200 mph with average nonstop range of 50 - 700 miles
(d) If vehicles cannot be transported on aircraft, it may be necessary to provide commercial vehicle carriers to take vehicles from home station to the disaster site and return them to home station at a future time.
(e) ON·LOADING AND OFF·LOADING OF AIRCRAFT. The contractor shall be responsible for the safe on-loading and off-loading of the aircraft in accordance with applicable Federal Aviation Regulations and individual aircraft specifications. A member of the contractor's crew shall be responsible for weight and balance of Government traffic and shall make a visual check of cabin load and, if required, indicate approval of loading by signing the station compartment breakdown. The contractor shall provide air terminal weight and balance forms and any other required technical data to assist in safely loading the aircraft. The contractor shall ensure all equipment at destination is positioned and ready to begin offloading no more than 2 hours prior to the established landing time.
(f) The contractor shall support any of the FEMA emergency response team/task force or executive requirements, as described in this PWS, and comply with all applicable laws, regulations, standards, and commercial practices with the focus on safety and customer service.
(g) The contractor shall comply with the responsibilities outlined in this PWS. When required, the contractor shall be able to demonstrate its (or its subcontractors) compliance with each task and/or responsibility listed in the PWS and in the contract.
C.5.2.1 ACTIVATION AND AVAILABILITY REQUIREMENTS
(a) Upon issuance of a task order, the aircraft requested by FEMA must be activated and positioned where directed by the Government, with maximum fuel aboard consistent with aircraft performance limitations and mission requirements, as quickly as possible but in no event more than 24 hours after the contractor receives the task order. Each task order from the contract will specify the required positioning time for the requested aircraft.
(b) The contractor shall provide sufficient personnel, equipment and materials to enable at least 10 hours per day utilization of each aircraft required in the task order. The contractor must provide documentation and justification of how the 10 hour per day utilization rate will be achieved immediately to the Government, if requested. If the contractor for reasons beyond its control is unable to provide the personnel, equipment or material necessary to operate its aircraft 10 hours per day, it shall still be obligated to provide the aircraft required under the task order, and to secure the additional personnel, equipment or material through alternate sources capable of meeting FEMA operational requirements. Similarly, if the contractor for reasons beyond its control is unable to provide the aircraft required in the task order and operate 10 hours per day, it will be obligated to secure equivalent aircraft, personnel,
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material and equipment to operate as if it had the aircraft under its control. Alternate sources must be approved by the COR prior to performance of any FEMA requirement.
(c) During an emergency activation (as specified in the task order), and when the contractor has been alerted that air transportation services shall be necessary the contractor shall be required (if needed) to provide air transportation services on a 24 hour, 7 day per week basis, with a 5-hour response time to the designated team or task force point of departure with the responding aircraft and crew ready for onward flight. If chartered aircraft and/or crew are unable to provide the requested movement within the specified timeframe, the contractor shall be responsible for finding and delivering a suitable backup aircraft and crew to the pickup point within 4 hours of determination that the primary aircraft and crew cannot execute the mission. The task order will specify the commercial airfield(s) for team(s) or task force(s) for the point(s) of pickup and destination. The contractor must be able to be contacted and respond within the specified timeframe on a 24-hour/7 day per week basis.
C.5.2.2 AIR CREW AND PERSONNEL REQUIREMENTS
(a) The contractor shall provide sufficient qualified cockpit crew members to finish each flight without delays and must furnish an aircraft for each flight capable of completing the flight without requiring regularly scheduled maintenance, except for in route and turnaround service unless permitted otherwise by the COR.
(b) The contractor shall have a Contractor Designated Representative (CDR) or alternate(s) available, 24 hours a day, and 7 days a week via phone and e-mail for the duration of response operations to resolve any issues that may arise.
1. The CDR (and alternates) shall have full authority to act for the contractor on all matters and shall be responsible for the overall management and coordination of air transportation operations and support services.
2. Not later than five (5) calendar days after the contract award, the contractor shall identify in writing to the CO, the name, address, and phone number of the CDR and alternate(s).
3. The CDR, alternate(s), and contractor employees who have contact with customers must be able to read, write, speak, and understand English fluently. English shall be the only language used for written correspondence, discussions, and other business transactions. The CDR must be a U.S. citizen without a criminal felony record.
(c) Aircrew must be licensed and qualified for the type of aircraft they are assigned to fly.
(d) All contractor employees and their representatives are required to conduct themselves in a professional manner in servicing and performing the terms of the contract. If at any time during the performance of this contract the COR determines it to be in the best interest of the Government, the COT may order the contractor to remove personnel from further performance under this contract for security reasons, misconduct, or violation of regulations. In the event it becomes necessary to replace any contractor employee for any of the above reasons, the contractor shall bear all costs associated with such removal including the costs for replacement of any employee so removed.
C.5.2.3 BAGGAGE AND EQUIPMENT LIABILITY LIMITATION
(a) The contractor shall be responsible for the loss and/or damage to passenger baggage and equipment while such items are in its custody or on board its aircraft.
(b) Liability for personal baggage shall be commensurate with standard commercial service. (Claims for lost or damaged baggage will be submitted to the contractor on its standard commercial baggage claim form.)
(c) In the case of loss or damage beyond economical repair to equipment, the CO shall determine the amount of the contractor's liability. Compensation shall be effected either by reduced amounts owed to the contractor or by direct payment compensation. The CO will determine the method of payment/compensation. All equipment in need of repairs/maintenance shall be reported to the FEMA Representative within 30 days of discovery. In the case of damaged equipment, the amount of compensation due the Government by the contractor shall be the actual cost of
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repair, provided such amount does not exceed the economical repair value. In the case of loss or damage beyond economical repair to equipment, the amount of the contractor's liability shall be the depreciated replacement value of the item to be determined by the CO. Any failure of the contractor to agree with such determination shall be treated as a dispute pursuant to the clause of this contract entitled “Disputes”.
C.5.2.4 DELAYS/DIVERSION
(a) A delay at origin or other designated pick-up/drop-off points, caused by factors beyond the control and without the fault or negligence of the contractor, shall be considered as contractor-uncontrollable; a delay for any other reason shall be considered contractor-controllable.
(b) When a delay or deviation from task order schedule occurs at any point of a charter for any reason, the contractor shall immediately notify the COR of any flight delays that are in excess of one (1) hour from the scheduled departure time.
(c) CONTRACTOR RESPONSIBILITY DURING CONTROLLABLE DELAYS. If the delay is determined to be chargeable against the carrier, the contractor shall be responsible for any other added costs such as, but not limited to, provisions for security of aircraft, all passengers and cargo, and cancellation or rescheduling charges. Additional charges to the contractor do not include personal costs incurred by the passengers.
(d) In the event it should be necessary to offload passengers at any location or station, other than at the direction of the COR, the contractor shall be responsible for such offloading, passenger care, and safeguarding personal baggage from loss, theft and/or weather damage, reloading and all costs incident to such services until such time as the contractor moves or causes to be moved such passengers to their intended destination or to such other location as directed by the COR. The COR shall be notified immediately of any offloading.
C.5.2.5 REIMBURSABLE EXPENSE ITEMS
The Government shall pay the contractor for other incurred costs including landing fees, ramp fees, and freight handling fees, hold time, de-ice, international fees, and fuel costs as reimbursable expense items. Other reimbursable expenses will include position/depositing of planes; cost for ground support labor and vehicles; labor cost for cranes and forklifts; hazardous material handling and other direct cost (including insurance).
Should the Government cancel a scheduled flight after the contractor's aircraft has departed to position or has already positioned for a scheduled flight when notice of cancellation is given, the Government shall reimburse the contractor the positioning/depositioning cost only. Certification showing positioning and depositioning distances and locations shall accompany the contractor's invoices.
C.5.3 TECHNICAL ASSISTANCE
(a) Upon receipt of a task order, the contractor shall furnish to the Government, technical advice and information designed to provide maximum coordination and expeditious, efficient and effective utilization of air transportation assets in support of FEMA disaster or non-disaster operations. Such technical advice shall consist of the furnishing of technical personnel to participate in meetings and exercises and preparing or assisting in the preparation of informational material, including but not limited to manuals, documents, listings, reports, specifications and other data, as required. It is expressly understood and agreed that all information, assistance and advice to be provided to the Government by the contractor hereunder shall be solely of an advisory or consulting nature and this agreement does not contemplate, require or authorize any agreement between the contractor and other air carriers which may have similar agreements with the Government.
(b) Task orders issued under the provisions of paragraph 6.3 (a) shall include Administrative and Accounting Support. This will involve the preparation of informational material such as manuals, documents, listings, reports, specifications and other data, shall contain a date for completion of the assistance called for there under which
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represents a current estimate of the time reasonably required to provide the assistance. Additionally, it will involve routine accounting clerical operations, such as: examining, verifying, and correcting accounting transactions to insure completeness and accuracy of data and proper identification of accounts, and checking that expenditures will not exceed obligations in specified accounts; totaling, balancing, and reconciling collection vouchers; posting data to transaction sheets where employee identifies proper accounts and items to be posted; and coding documents in accordance with a chart (listing) of accounts.
C.6 PERFORMANCE REQUIREMENTS SUMMARY – See QASP
C.7 CONTRACT TYPE
This contract shall be an Indefinite Delivery Indefinite Quantity (IDIQ) vehicle. Task orders issued off this contract can be either firm-fixed price (FFP, time & materials (T&M) or cost reimbursable (CR) in nature.
C.8 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):
Attached to this PWS. Shall be completed by the Government and incorporated into the contract.
C.9 DELIVERABLES
(a) The contractor shall provide status reports, progress reports, and other deliverables as required in a format proposed by the contractor and agreed to by the Government.
(b) The contractor shall provide support to FEMA, as required, in the writing and/or reviewing of Program documentation. All documents prepared by the contractor shall be on the behalf of FEMA and the contractor shall not independently publish or distribute any document without prior written permission from the Contracting Officer.
(c) The draft and final deliverables of all associated working papers and other material deemed relevant by FEMA which have been generated by the contractor in the performance of these tasks are the exclusive property of the U.S. Government and shall be submitted to FEMA at the conclusion of the tasks.
(d) FEMA will be the sole authorized source for releasing verbally or in writing any data, the draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the selected contractor. Any request for information relating to these tasks presented to the selected contractor shall be submitted to FEMA for response.
(e) Press releases, marketing material, or any other printed or electronic documentation related to this project shall not be publicized without the written approval of FEMA.
(f) The following deliverables shall be provided as required. Due dates may be dependent on specific milestones as documented in the PMP. All references to days are in calendar days.
Task Deliverables Due DateTask 6.1: Management Work Plan and Reporting
Written Status/Progress Reports By the 15th day of the following month
6.1 Reports on Reviews/Meetings 7 days after Review / Meeting / Trip6.1(b) Program Management Plan NLT 30 days after kick-off meeting
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Task Deliverables Due DateTask 6.3: Technical Assistance
Meeting support and technical advice Informational material Manuals, documents, listings, reports,
specifications and other data
As required by each task order
(g) Each task order may contain a separate deliverable schedule relative to only that task order.
C.10 SECURITY REQUIREMENTS
(a) Additional security requirements may be specified in each task order. However, at a minimum, the contractor shall insure all personnel assigned to this contract do not have criminal records and have the proper clearances to enter Federal facilities, if required.
(b) The contractor may be required as part of the performance of this effort to work with other contractors working for the government. The government shall establish an initial contact between the contractor and other contractors and shall participate in an initial meeting at which the conventions for the scheduling and conducting future meetings will be established.
(c) Information made available to the contractor by the government for the performance of this effort shall be used only for those purposes specified and shall not be used in any other way without the written authorization of the CO.
C.11 SAFETY
(a) Aircrew and contractor support personnel shall obey and follow all FAA, Federal, State, Local and FEMA rules, regulations and or laws regarding the safe operation of any aircraft transporting FEMA or other designated personnel.
(b) The contractor shall conform to the safety requirements contained in the contract for all activities related to the accomplishment of the work to include, but not limited to the following:
1. Provide protection to government property to prevent damage during the period of time the property is under the control or in possession of the service provider.
2. Include a clause in all subcontracts to require sub-service providers to comply with the safety provisions of this contract.
3. Immediately notify the COR of any damage to government property or injury to personnel at the time of occurrence and in writing within 24 hours.
C.12 GOVERNMENT FURNISHED PROPERTY/INFORMATION
(a) FEMA may provide Government-Furnished Property and Information depending on the services expressed in each task order and as mutually agreed by the parties.
(b) The contractor shall be responsible for and accountable for all Government property provided under the contract and shall comply with the provisions of Federal Acquisition Regulation (FAR) Part 45 and FAR Clause 52.245-1, Government Property.
C.13 HOURS OF OPERATION
The contractor shall be responsible for providing aircraft and qualified personnel 24 hours a day, 7 days a week who are familiar with the contract's terms and conditions. The contractor shall accept orders for service and perform delivery 24 hours a day, 7 days a week. The CO will determine the hours of services when other than 24 hour/7-day service is required.
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C.14 TRAVEL
The contractor shall manage and provide funding for all aspects of travel for its aircrew and support personnel to include all travel costs, room and board, etc. All travel will be cost-reimbursable in accordance with the Federal Travel Regulations (FTR).
SECTION D - PACKAGING AND MARKING
All reports required under this contract shall be delivered in an electronic format to the person specified in section G.
The contractor shall guarantee that all required resources shall delivered in immediate usable and acceptable condition.
SECTION E - INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section E of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
NUMBER TITLE DATE
52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 199652.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT APR 198452.246-6 INSPECTION – TIME AND MATERIAL AND MAY 2001
LABOR HOUR
SECTION F - DELIVERIES OR PERFORMANCE
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
NUMBER TITLE DATE
52.242-15 STOP-WORK ORDER AUG 1989
F.2 PRINCIPAL PLACE OF PERFORMANCE
Place of Performance shall be determined upon Task Order issuance.
F.3 NOTICE OF DELAY
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If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than forty-five (45) days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer. When notice is so required, the Contracting Officer may extend the time specified in the Schedule for such period as deemed advisable.
F.4 DELIVERY SCHEDULE
Delivery of items specified below shall be shipped F.O.B. destination in accordance with the following schedule:As specified under individual task orders.
F.5 TERM OF CONTRACT
The contract shall be for a period of one (1) 12-month base period and four (4) optional twelve (12) month periods to be exercised upon written notification from the Contracting Officer. The periods of performance for the Task Orders shall be specified in each Task Order. All Task Orders placed prior to the expiration date shall remain in full force and effect until the specified expiration date of each Task Order.
F.6 REPORTS OF WORK
Reports are not separately priced; the cost of reports shall be included in the price for services. A commercial report format is acceptable provided all pertinent information is contained in the report. The Government reserves the right to have the Contractor tailor reports at no additional cost.
The Contractor shall have the capability to develop and provide various databases, spreadsheets and reports. The Contractor shall have the capability and flexibility to tailor the reports from these sources that fit the specific declared disaster and FEMA requirements.
Note: Unless otherwise stated, reports shall be provided in both electronic and hard copies.
F.7 DELIVERABLES
Individual Deliverable tables may be laid out specifically in each task order awarded off the overall IDIQ contract vehicle. Generally, All major deliverables shall be submitted to the COR, unless otherwise agreed upon. All work products must satisfy the requirements of this PWS.
All days identified in deliverable schedules are intended to be workdays unless otherwise specified. Prior to proceeding with any data collection, the Contractor shall review all information collection techniques and instruments with the COR to receive approval to proceed. All appropriate governmental approval processes and procedures must be in place prior to data collection. The Contractor shall comply with the Paperwork Reduction Act of 1995.
Unless otherwise specified, the Contractor must be able to provide written documents in electronic (i.e., source and pdf formats) and hard copy formats. Electronic copies provided must be compatible with Microsoft Project, Word, Excel, Access, PowerPoint, or other Microsoft Office 2007 or higher software applications. The Contractor must be able to accept and send document files electronically.For deliverables, the Contractor shall ensure that all reports are written in clear, concise English without typographical or grammatical errors. The Contractor shall meet all of the report writing guidelines in the United States Government Printing Office Style Manual, which is viewable at: http://www.gpoaccess.gov/stylemanual/browse.html
Any/all electronic and information technology (EIT) procured through this effort must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at: http://www.section508.gov.
All information relating to the items to be delivered or services to be performed under this contract may not be disclosed by any means without prior approval of the CO. Dissemination of public disclosures includes, but is not limited to: permitting access of such information by foreign national or by any other person, entity, and publication of technical or scientific papers, advertising, or any other proposed public release. The contractor shall provide adequate physical protection to such information so as to preclude access by any person or entity not authorized such access by the Government.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 INVOICE INSTRUCTIONS (FIXED PRICE)
INVOICE INSTRUCTIONS
The contractor shall submit a monthly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. Invoices shall be submitted as follows:
Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.
SF 1034 and 1035 instructions:
SF 1034 – Fixed Price
The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:
(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.
(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.
(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.
(4) Requisition Number and Date - leave blank.
(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.)
(6) Schedule Number; Paid By; Date Invoice Received - leave blank.
(7) Discount Terms - enter terms of discount, if applicable.
(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.
(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.
(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.
(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.
(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.
"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in
the contract."
________________ ___________
(Name of Official) (Title)
(13) Quantity; Unit Price - insert for supply contracts.
(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.
INVOICE PREPARATION INSTRUCTIONS
SF 1035
The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.
The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:
U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.
Voucher Number - insert the voucher number as shown on the Standard Form 1034.
Schedule Number - leave blank.
Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.
Number and Date of Order - insert payee's name and address as in the Standard Form 1034.
Articles or Services - insert the contract number as in the Standard Form 1034.
Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).
A summary of claimed current and cumulative goods and services delivered and accepted to date. -
Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract
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terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.
G.2 INVOICE INSTRUCTIONS (OTHER THAN FIXED PRICE)
Billing Instructions for Provisional Invoices under Flexibly Priced Contracts:
Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other than Personal) and the Standard Form 1035 Continuation Sheet. The voucher must include a statement of cost and supporting documentation for services rendered. This statement should include, as a minimum, a breakout by cost or price element of all services actually provided by the Contractor, both for the current billing period and cumulatively for the entire contract.
(1) Statement of Cost: The following instructions are provided for use by the Contractor in the preparation and submission of the Statement of Cost:
(i) Statement of Cost must be completed in accordance with the Contractor's cost accounting system.
(ii) Costs claimed must be only those recorded costs authorized for billing by the payment provisions of the contract.
(iii) Indirect costs claimed must reflect the rates approved for provisional billing purposes by the Contracting Officer in accordance with FAR Part 42.7.
(iv) The total fee billed, retainage amount, and available fee must be shown.
(vi) The Contractor must prepare a Statement of Cost for each Contract Line Item (CLIN) and a summary for the total invoiced cost.
(2) Supporting Documentation
Direct costs (e.g., labor, equipment, travel, supplies, etc.) claimed for reimbursement on the Statement of Cost must be adequately supported. The level of detail provided must clearly indicate where the funds were expended. For example, support for T&M labor costs must include the labor category (e.g., program manager, senior engineer, technician, etc.) the hourly rate, the labor cost per category, and any claimed overtime; equipment costs must be supported by a list of the equipment purchased, along with the item's cost; supporting data for travel must include the destination of the trip, number and labor category of travelers, transportation costs, per diem costs, and purpose of the trip; and supplies should be categorized by the nature of the items (e.g., office, lab, computer, etc.) and the dollar amount per category.
Indirect rates used for billings must be clearly indicated, as well as their basis of application. When the cognizant Contracting Officer approves a change in the billing rates, include a copy of the approval.
All claimed subcontractor costs must be supported by submitting the same detail as outlined herein.
Payments of invoices or vouchers shall be subject to the withholding provisions (if any) of the contract. In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.
SF 1034 and 1035 instructions:
SF 1034 – Provisional/Interim Payment instructions
The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:
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(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.
(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.
(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.
(4) Requisition Number and Date - leave blank.
(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.)
(6) Schedule Number; Paid By; Date Invoice Received - leave blank.
(7) Discount Terms - enter terms of discount, if applicable.
(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.
(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.
(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.
(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of incurrence of costs claimed for reimbursement. Adjustments to costs for prior periods should identify the period applicable to their incurrence, e.g., revised provisional or final indirect cost rates, award fee, etc.
(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type "COST REIMBURSABLE-PROVISIONAL PAYMENT" or "INDEFINITE QUANTITY/INDEFINITE DELIVERY-PROVISIONAL PAYMENT" on the Interim public vouchers. Type "COST REIMBURSABLE-COMPLETION VOUCHER" or "INDEFINITE QUANTITY/INDEFINITE DELIVERY-COMPLETION VOUCHER" on the Completion public voucher. Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.
"I certify that all payments requested are for appropriate
purposes and in accordance with the agreements set forth in
the contract."
________________ ___________
(Name of Official) (Title)
(13) Quantity; Unit Price - insert for supply contracts.
(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.
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INVOICE PREPARATION INSTRUCTIONS
SF 1035
The SF 1035 will be used for additional information required by the Contracting Officer and should be submitted as a continuation sheet to the SF 1034. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required. The information required on the SF 1035 may differ in format and content depending on the type of cost reimbursable contract (cost plus fixed fee, cost plus incentive fee, time and materials, etc.)
Amounts claimed on vouchers must be based on records maintained by the contractor to show by major cost element the amounts claimed for reimbursement for each applicable contract. The records must be maintained based on the contractor's fiscal year and should include reconciliations of any differences between the costs incurred per books and amounts claimed for reimbursement.
The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:
a. Show, as applicable, the target or estimated costs, target or fixed-fee, and total contract value, as adjusted by any modifications to the contract or order. The FAR permits the contracting officer to withhold a percentage of fixed fee until a reserve is set aside in an amount that is considered necessary to protect the Government's interest.
b. Each invoice or voucher for reimbursement shall include sufficient detail to identify costs properly chargeable to the contract. In addition, each invoice or voucher for reimbursement of costs shall detail the total vouchered charges by showing current and cumulative costs by cost element as follows:
(1) Direct Labor. For cost type contracts, list each total labor costs by indirect allocation base separately. For T&M contracts, list each labor category, rate per labor hour, hours worked, and extended total labor dollars per labor category.
(2) Premium Pay/Overtime. List each labor category, rate per labor hour, hours worked, and the extended total labor dollars per labor category. Note: Advance written authorization must be received from the contracting officer to work overtime or to pay premium rates; therefore, identify the contracting officer's written authorization to the contractor.
(3) Fringe Benefits. If fringe benefits are included in the overhead pool, no entry is required. If the contract allows for a separate fringe benefit pool, cite the rate, base, and extended amount.
(4) Materials, Supplies, Equipment. Show those items normally treated as direct costs. Expendable items need not be itemized and may be grouped into major classifications such as office supplies. However, items valued at $5,000 or more must be itemized. See (FAR) 48 CFR part 45, Government Property, for reporting of property.
(5) Travel. List the name and title of traveler, place of travel, and travel dates. Show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. Travel costs for consultants must be shown separately and also supported.
(6) Other Direct Costs. Itemize those costs that cannot be placed in categories (1) through (5) above. Categorize these costs to the extent possible.
(7) Total Direct Costs. Cite the sum of categories (1) through (6) above.
(8) Overhead. Cite the rate, base, and extended amount.
(9) G&A Expense. Cite the rate, base, and extended amount.
(10) Total Costs. Cite the sum of categories (7) through (9) above.
(11) Fee. Cite the rate, base, and extended amount.
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(12) Total Cost and Fee Claimed. Enter this amount on the SF 1034.
G.3 INVOICE APPROVAL INVOICE APPROVAL
INVOICE APPROVAL (JUN 2014)
The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:
Authorized Invoice Approver
Name: TBD
Title:
Phone:
Email:
G.4 DEFECTIVE INVOICES 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.
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 [email protected]. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.
G.7 TASK ORDER PROCEDURES
(a) Issuance of Task Orders.
One or more task orders may be issued during the period of performance of this contract.
(b) Task Order Award
(1) Task orders will be issued in writing and signed by the Contracting Officer. The Contracting Officer may give the contractor a notice to proceed in the form of an e-mail and shall provide an executed task order within 24 hours.
(2) In the event issues pertaining to an issued task order cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to cancel the task order. In such an event, the offeror shall be notified of the Contracting Officer’s decision in writing. This decision shall be final and not subject to the Contract Disputes act.
(c) Commencement of performance
(1) Upon award, a task order will be transmitted to the contractor. Service shall commence in accordance with the delivery schedule set forth in the task order.
(2) The Government reserves the right to terminate the contract and/or task order for cause if the contractor fails to begin performance in accordance with the contract.
(d) Completion of Task Orders
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Within ninety (90) days of completion of work under each task order, the contractor shall submit a final voucher. If additional time is needed, the contractor shall submit a written request for a time extension that explains the extenuating circumstances within eighty (80) days of completion of work under the task order.
(e) Payment for Task Orders
Separate invoices are required for each Task Order.
(f) Closeout of Task Orders
All task orders issued under this contract shall be closed out in accordance with FAR subpart 4.805. Upon completion of each task order and the receipt of final voucher, the Government will begin closeout procedures.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 SUBCONTRACTING PLANS AND GOALS
The Contractor’s Small Business Subcontracting Plan submitted will include, at a minimum, the goals set forth below for each socio-economic grouping listed (if higher subcontracting goals are proposed in the Offeror’s Small Business Subcontracting Plan, the higher goals will be incorporated into this section). The goals will be applied to the total value of the subcontracting plan. For example, if a contract is awarded for $100 Million, and of which $10 Million is planned to be subcontracted, the subcontracting goal for all small businesses for the contract is $4.1 Million.
Category Subcontracting Goal
Total Small Business 41%Total Small Disadvantaged Businesses 5% *
(both Section 8(a) and non-Section 8(a) firms)Woman-owned Small Businesses 5% *Service-Disabled Veteran-Owned Small Businesses 3% * Historically Underutilized Empowerment Zone 3% *
Small Businesses
* represents a subset percentage of the Total Small Business goal (for examples, if 3% is awarded to Woman-owned Small Businesses, that 3% would also apply the Total Small Business’ subcontracting goal.
The Small Business Subcontracting Plan, dated (provided at time of award), is attached hereto and made a part of this contract. Failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8 Utilization of Small Business Concerns, incorporated in this contract, and the attached Subcontracting Plan will be material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 Liquidated Damages-Subcontracting Plan.
H.2 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES
The Contractor agrees as follows:
(a) Planning. The Contractor will develop a plan to assure that any meeting, conference, or seminar held pursuant to this contract will meet or exceed the minimum accessibility standards set forth below. This plan shall include a provision for ascertaining the number and types of disabled individuals planning to attend the meeting, conference, or seminar. The
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plan shall be submitted to the Contracting Officer for approval prior to initiating action. A consolidated or master plan for contracts requiring numerous meetings, conferences, or seminars may be submitted in lieu of separate plans.
(b) Facilities. Any facility to be utilized for meetings, conferences, or seminars in performance of this contract shall be accessible to persons with disabilities. The Contractor shall determine, by an on-site inspection if necessary, that the following minimum accessibility requirements are met, or suitable modifications are made to meet these requirements, before the meeting:
(1) Parking. (i) Where parking is available on or adjacent to the site one 12' wide space must be set aside for the car of each mobility impaired attendee. The space need not be permanently striped but may be temporarily marked by signs, ropes, or other means satisfactory to carry out this provision.
(ii) Where parking is not available on or adjacent to the site, valet parking or other alternative means must be available to assist disabled attendees. Alternate means must be satisfactory in the judgment of the Contracting Officer.
(2) Entrances. (i) ``Entrances'' shall include at least one accessible entrance from the street/sidewalk level, and at least one accessible entrance from any available parking facility.
(ii) The entrance shall be level or accessible by ramp with an incline that allows independent negotiation by a person in a wheelchair. In general, the slope of the incline shall be no more than 1" rise per foot of ramp length (1:12).
(iii) Entrance doorways shall be at least 30" in clear width and capable of operation by persons with disabilities. Revolving doors, regardless of foldback capability, will not meet this requirement.
(3) Meeting Rooms. (i) Meeting room access from the main entrance area must be level or at an independently negotiable incline (approximately 1:12) and/or served by elevators from the main entrance level. All elevators shall be capable of accommodating a wheelchair 29" wide by 45" long.
(ii) Meeting rooms shall be on one level or, if on different levels, capable of being reached by elevators or by ramps that can be independently negotiated by a person in a wheelchair. Doorways to all meeting rooms shall be at least30" in clear width.
(iii) The interior of the meeting room shall be on one level or ramped so as to be independently negotiable for a person in a wheelchair.
(iv) Stages, speaker platforms, etc. which are to be used by persons in wheelchairs must be accessible by ramps or lifts. When used, the ramps may not necessarily be independently negotiable if space does not permit. However, any slope over 1:12 must be approved by the Contracting Officer. Each case is to be judged on its own merits.
(v) If a meeting room with fixed seating is utilized, seating arrangements for persons in wheelchairs shall be made so that these persons are incorporated into the group rather than isolated on the perimeter of the group.
(4) Restrooms. (i) Restrooms shall have level access, signs indicating accessibility, and doorways at least 30" in clear width.
(ii) Sufficient turning space within restrooms shall be provided for independent use by a person in a wheelchair29" wide by 45" long. A space 60" by 60" or 63" by 56" of unobstructed floor space as measured 12" above the floor is acceptable by standard; other layout will be accepted if it can be demonstrated that they are usable as indicated.
(iii) There will be a restroom for each sex or a unisex restroom with at least one toilet stall capable of accommodating a wheelchair 29" wide by 45" long (by standard, the minimum is 3'-0" by 43'- 83"), with outswinging door or private curtains. Wall mounted grab bars are required.
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(iv) When separate restrooms have been set up for mobility impaired persons, they shall be located adjacent to the regular restrooms and shall be fully accessible.
(5) Eating Facilities. (i) Eating facilities in the meeting facility must be accessible under the same general guidelines as are applied to meeting rooms.
(ii) If the eating facility is a cafeteria, the food service area (cafeteria line) must allow sufficient room for independent wheelchair movement and accessibility to food for persons in wheelchairs, and cafeteria staff shall be available to assist disabled persons.
(6) Overnight Facilities. If overnight accommodations are required:
(i) Sufficient accessible guest rooms to accommodate each attendee who is disabled shall be located in the facility where the meeting, conference, or seminar is held, or in a facility housing the attendees which is conveniently located hereby, whichever is satisfactory to the Contracting Officer.
(ii) Overnight facilities shall provide for the same minimum accessibility requirements as the facility utilized for guest room access from the main entrance area shall be level, ramped at an independently negotiable incline (1:12), and/or served by elevators capable of accommodating a wheelchair 29" wide by 45" long.
(iii) Doorways to guest rooms, including the doorway to the bathroom, shall be at least 30" in clear width. (iv) Bathrooms shall have wall mounted grab bars at the tub and water closet.
(v) Guest rooms for persons with a disability shall be provided at the same rate as a guest room for other attendees.
(7) Water Fountains. Water fountains shall be accessible to disabled persons, or have cup dispensers for use by persons in wheelchairs.
(c) Provisions of Services for Sensory Impaired Attendees.
(1) The Contractor, in planning the meeting, conference, or seminar shall include in all announcements and other materials pertaining to the meeting, conference, or seminar a notice indicating that services will be made available to sensory impaired persons attending the meeting, if requested within five (5) days of the date of the meeting, conference, or seminar. The announcement(s) and other material(s) shall indicate that sensory impaired persons may contact a specific person(s), at a specific address and phone number(s), to make their service requirements known. The phone number(s) shall include a teletype number for the hearing impaired.
(2) The Contractor shall provide, at no cost to the individual, those services required by persons with sensory impairments to insure their complete participation in the meeting, conference, or seminar.
(3) As a minimum, when requested in advance, the Contractor shall provide the following services:
(i) For hearing impaired persons, qualified interpreters. Provisions will also be made for volume controlled phone lines and, if necessary, transportation to local teletype equipment to enable hearing impaired individuals to receive and send meeting related calls. If local teletype equipment is not available, the Contractor shall provide on-site teletype equipment. Also, the meeting rooms will be adequately illuminated so signing by interpreters can be easily seen.
(ii) For vision impaired persons, readers and/or cassette materials, as necessary, to enable full participation. Also, meeting rooms will be adequately illuminated.
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(iii) Agenda and other conference material(s) shall be translated into a usable form for the visually and hearing impaired. Readers, braille translations, and/or tape recordings are all acceptable. These materials shall be available to sensory impaired individuals upon their arrival.
(4) The Contractor is responsible for making every effort to ascertain the number of sensory impaired individuals who plan to attend the meeting, conference, or seminar. However, if it can be determined that there will be no sensory impaired person (deaf and/or blind) in attendance, the provision of those services under paragraph (c) for the non-represented group, or groups, is not required.
H.3 REPRODUCTION OF REPORTS
Reproduction of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is to be determined by multiplying pages times copies. A production unit is one sheet, size 8 1/2x11 inches or less, printed on one side only, and in onecolor. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters, and plates which are to be used on single-unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducible (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written material.
H.4 COORDINATION OF FEDERAL REPORTING SERVICES
In the event that it is a contractual requirement to collect information from 10 or more public respondents, the provisions of 44 U.S.C. Chapter 35 (Coordination of Federal Reporting Requirements), shall apply to this contract. The contractor shall obtain through the COR the required Office of Management and Budget clearance before making public contacts for the collection of data or expending any funds for such collection. The authority to proceed with the collection of data from public respondents and the expenditure of funds therefore shall be in writing signed by the Contracting Officer.
H.5 PUBLICATION
(a) Definition. For the purpose of FAR 27.404-4 Contractor’s Release, publication, and Use of Data includes (1) any document containing information intended for public consumption or (2) the act of, or any act which may result in, disclosing information to the public.
(b) General. The results of the research and development and studies conducted under this contract are to be made available to the public through dedication, assignment to the Government, or other such means as the Director of the Federal Emergency Management Agency shall determine.
(c) Reports furnished the Government. All intermediate and final reports of the research and development and studies conducted hereunder shall indicate on the cover or other initial page that the research and development and studies forming the basis for the report were conducted pursuant to a contract with the Federal Emergency Management Agency. Such reports are official Government property and may not be published or reproduced (in total, in verbatim excerpt, or in a form approximating either of these) as an unofficial paper or article. The contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish such reports in whole or in part in a non-Government publication only in accordance with this paragraph (c) and paragraph (e)(1) of this clause.
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(d) Publication by Government. The Government shall have full right to publish all information, data, and findings developed as a result of the research and development and studies conducted hereunder.
(e) Publication by contractor or technical personnel.
(1) Publication in whole or in part of contractor's reports furnished the Government. Unless such reports have been placed in the public domain by Government publication, the contractor or technical personnel (each employee or consultant working under the administrative direction of the contractor or any subcontractor hereunder) may publish a report furnished the Government, in total or in verbatim excerpt, but consistent with paragraph (c) of this clause may not secure copyright therein, subject to the following conditions and the conditions in paragraph (e)(4) and paragraph (f).
(i) During the first six months after submission of the full final report, if written permission to publish is obtained from the contracting officer.
(ii) After six months following submission of the full report, and if paragraph (e)(3) is inapplicable, if a foreword or footnote in the non-Government publication indicates the source of the verbatim material.
(2) Publication, except verbatim excerpts, concerning or based in whole or in part on results of research and development and studies hereunder. The contractor or technical personnel may issue a publication concerning or based in whole or in part on the results of the research and development and studies conducted under this contract and may secure copyright therein, but in so publishing is not authorized thereby to inhibit the unrestricted right of the Director of the Federal Emergency Management Agency to disclose or publish, in such manner as he may deem to be in the public interest, the results of such research and development and studies to the following conditions and the requirement in paragraph (e)(4):
(i) During the first six months after submission of the full final report, and if paragraph (e)(3) is inapplicable, if written waiver of the waiting period is obtained from the contracting officer.
(ii) After six months following submission of the full final report, and if paragraph (e)(3) is inapplicable, subject to Government exercise of an option that the publication contain a foreword or initial footnote substantially as follows: The (research) (development) (studies) forming (part of) the basis for this publication were conducted pursuant to a contract with the Federal Emergency Management Agency. The substance of such (research) (development) (studies) is dedicated to the public. The author and publisher are solely responsible for the accuracy of statements or interpretations contained therein.
(3) General conditions if FEMA determines that contractor's final report contains patentable subject matter developed in contract performance. If the contracting officer determines that the contractor's full final report contains patentable subject matter developed in the performance of this contract and so notifies the contractor in writing prior to six months from date of submission of such report, no publication of verbatim excerpts from contractor's reports or publication concerning or based in whole or in part on the results of the research and development and studies hereunder shall be made without the written consent of the contracting officer.
(4) Copies of contractor and technical personnel publications to be furnished the Government. The contractor or technical personnel will furnish the contracting officer six copies of any publications which are based in whole or in part on the results of the research and development and studies conducted under this contract.
(f) Administratively confidential information. The contractor shall not publish or otherwise disclose, except to the Government and except matters of public record any information or data obtained hereunder from private individuals, organizations, or public agencies in a publication whereby the information or data furnished by any particular person or establishment can be identified, except with the consent of such person or establishment.
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(g) Inclusion of provisions in contractor's agreements. The contractor shall include provisions appropriate to effectuate the purposes of this clause in all contracts of employment with persons who perform any part of the research or development or study under this contract and in any consultant's agreements or subcontracts involving research or development or study there under.
H.6 OBSERVANCE OF LEGAL HOLIDAYS
The Government hereby provides ―notice‖ and the Contractor hereby acknowledges ―receipt‖ that FEMA Governmentobserve the below listed days as holidays:
New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Independence Day, LaborDay, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day
Any other day designated by Federal statute. Any other day designated by Executive Order. Any other day designated by the President’s proclamation.
When such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. It is understood and agreed between the Government and the Contractor that observance of such days by Government Personnel shall not be used as the cause of an additional period of performance, or entitlement of compensation except as a holiday. No form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.
In each instance, the Contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or his/her duly authorized representative.
H.7 NON-PERSONAL SERVICES
A non-personal services contract is defined as ―a contract under which the personnel rendering the services are not subject, either by the Contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.
This is a non-personal services contract.
H.8 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES
(a) The effort required to be accomplished will be determined at the Task Order level.
(b) The contractor shall furnish all personnel required for the performance of the resulting IDIQ and task order(s) at the time of award. FEMA will provide to all appropriate personnel and documents pertaining to the project that are under the control of FEMA subject to the requirements of HSPD-12. The work will occur at various locations throughout the United States and U.S. Territories as direct by FEMA at the task order level.
H.9 CONFIDENTIALITY OF INFORMATION
(a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that--
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(1) At the time of receipt by the Contractor, is in the public domain
(2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor
(3) The Contractor can demonstrate it was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies
(4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.
(b) The Contractor shall obtain from each employee permitted access a DHS Form 11000-6, Non-Disclosure Agreement, stating that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract. The DHS Form 11000-6 will be provided at time of contract award.
H.10 TRANSPORTATION PRIORITIES AND ALLOCATIONS SYSTEM REGULATIONS
Task orders under this contract may include a priority rating under the Transportation Priorities and Allocations System (TPAS) regulation (49 CFR, part 33). Anyone receiving a TPAS rated order is required to follow all provisions of the TPAS regulation.” The priority rating will be provided on the SF1449 in Box 13a and 13b when the Task Order is issued.
H.11 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM
In accordance with FAR 42.15, the Contractor shall be subject to performance review in the Contractor Performance Assessment Reporting System (CPARS), found at https://www.cpars.gov/. Contractors shall provide responses to reviews as required in CPARS. Contractor shall designate a Point of Contact for CPARS reviews and responses, and provide the name, phone number and email address of the designated contractor POC to the Contracting Officer within 30 days of the contract effective date.
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PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
NUMBER TITLE DATE
52.202-1 Definitions. NOV 201352.203-3 Gratuities. APR 198452.203-5 Covenant Against Contingent Fees. MAY 201452.203-7 Anti-Kickback Procedures. MAY 201452.203-8 Cancellation, Rescission, and Recovery of Funds
for Illegal or Improper Activity. MAY 201452.203-10 Price or Fee Adjustment for Illegal or Improper
Activity. MAY 201452.203-12 Limitation on Payments to Influence Certain
Federal Transactions. OCT 201052.203-13 Contractor Code of Business Ethics and Conduct. OCT 201552.203-15 Whistleblower Protections Under the American
Recovery and Reinvestment Act of 2009. JUN 201052.203-16 Preventing Personal Conflicts of Interest. DEC 201152.203-17 Contractor Employee Whistleblower Rights and
Requirement To Inform Employees of Whistleblower Rights. APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel. JAN 201152.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards. OCT 201552.204-12 Data Universal Numbering System Number
Maintenance DEC 201252.204-13 System for Award Management Maintenance. JUL 201352.204-14 Service Contract Reporting Requirements. JAN 201452.204-15 Service Contract Reporting Requirements for
Indefinite-Delivery Contracts. JAN 201452.209-6 Protecting the Government's Interest When
Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. OCT 2015
52.209-9 Updates of Publicly Available Information
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Regarding Responsibility Matters. JUL 201352.209-10 Prohibition on Contracting With Inverted
Domestic Corporations. NOV 201552.210-1 Market Research APR 201152.215-2 Audit and Records - Negotiation OCT 201052.215-8 Order of Precedence - Uniform
Contract Format OCT 199752.215-14 Integrity of Unit Prices OCT 201052.215-23 Limitations on Pass-Through Charges OCT 200952.219-16 Liquidated Damages - Subcontracting Plan JAN 199952.222-1 Notice to the Government of Labor Disputes FEB 199752.222-3 Convict Labor JUN 200352.222-4 Contract Work Hours and Safety Standards –
Overtime Compensation MAY 201452.222-17 Nondisplacement of Qualified Workers MAY 201452.222-21 Prohibition of segregated facilities APR 201552.222-26 Equal Opportunity SEP 201652.222-40 Notification of Employee Rights Under the
National Labor Relations Act DEC 201052.222-43 Fair Labor Standards Act and Service Contract
Labor Standards-Price Adjustment (Multiple Year and Option Contracts) MAY 2014
52.222-50 Combating Trafficking in Persons MAR 201552.222-54 Employment Eligibility Verification OCT 201552.223-2 Affirmative Procurement of Biobased
Products Under Service and Construction Contracts SEP 201352.223-3 Hazardous Material Identification and Material
Safety Data. JAN 199752.223-5 Pollution Prevention and Right-to-Know Information MAY 201152.223-6 Drug-Free Workplace MAY 200152.223-10 Waste Reduction Program MAY 201152.223-15 Energy Efficiency in Energy-Consuming Products DEC 200752.223-16 Acquisition of EPEAT(R)-Registered Personal
Computer Products OCT 201552.223-17 Affirmative Procurement of EPA-designated Items
in Service and Construction Contracts MAY 200852.223-18 Encouraging Contractor Policies to Ban Text
Messaging While Driving AUG 201152.223-19 Compliance with Environmental Management Systems MAY 201152.224-1 Privacy Act Notification APR 198452.224-2 Privacy Act APR 198452.225-13 Restrictions on Certain Foreign Purchases JUN 200852.227-14 Rights in Data-General MAY 201452.227-17 Rights in Data--Special Works DEC 200752.228-7 Insurance - Liability to Third Persons MAR 199652.229-3 Federal, State, and Local Taxes FEB 201352.232-1 Payments APR 198452.232-9 Limitation on Withholding of Payments APR 198452.232-17 Interest MAY 201452.232-23 Assignment of Claims MAY 201452.232-25 Prompt payment JUL 201352.232-33 Payment by Electronic Funds Transfer –
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System for Award Management JUL 201352.232-39 Unenforceability of Unauthorized Obligations JUN 201352.233-1 Disputes MAY 201452.233-3 Protest after Award AUG 199652.233-4 Applicable Law for Breach of Contract Claim OCT 200452.237-2 Protection of Government Buildings, Equipment,
and Vegetation. APR 198452.237-3 Continuity of Services JAN 199152.242-1 Notice of Intent to Disallow Costs APR 198452.242-2 Production Progress Reports APR 199152.242-3 Penalties for Unallowable Costs MAY 201452.242-13 Bankruptcy JUL 199552.243-1 Changes - Fixed-Price AUG 198752.243-2 Changes - Cost-Reimbursement AUG 198752.243-3 Changes - Time-and-Materials or
Labor-Hours SEP 200052.244-6 Subcontracts for Commercial Items OCT 201652.245-1 Government Property APR 201252.245-9 Use and Charges APR 201252.246-25 Limitation of Liability – Services FEB 199752.247-21 Contractor Liability for Personal Injury
and/or Property Damage APR 198452.248-1 Value Engineering OCT 201052.249-2 Termination for Convenience of the Government
(Fixed-Price) APR 201252.249-6 Termination (Cost-Reimbursement) MAY 200452.249-14 Excusable Delays APR 19843052.211-70 Index for specifications DEC 20033052.219-70 Small business subcontracting plan reporting JUN 20063052.222-70 Strikes or picketing affecting timely completion
of the contract work DEC 20033052.222-71 Strikes or picketing affecting access to a
DHS facility DEC 2003
3052.223-70 Removal or disposal of hazardous substances—applicable licenses and permits JUN 2006
3052.228-70 Insurance DEC 20033052.236-70 Special precautions for work at operating airports DEC 20033052.242-72 Contracting officer's technical representative DEC 2003
I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)
(a) Definition.
United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-
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(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
[Contracting Officer shall insert-(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and (ii) The website(s) or other contact information for obtaining the poster(s).]
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract-
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
(End of clause)
I.3 52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of Contracting Officer, Bianca Meira-Penna and shall not be binding until so approved.
(End of clause)
I.4 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall -
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
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(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
(End of clause)
I.5 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013)
(a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
(3) The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper payment request.
In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only-
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;
(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-
(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-
(1) In accordance with the terms and conditions of a subcontract or invoice; and
(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;
(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;
(C) Direct labor;
(D) Direct travel;
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(E) Other direct in-house costs; and
(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and
(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.
(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.
(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:
(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).
(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.
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(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.
(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.
(F) Facilities capital cost of money factors computation.
(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.
(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.
(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.
(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).
(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.
(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.
(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.
(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).
(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).
(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:
(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.
(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at http://www.whitehouse.gov/omb/procurement_index_exec_comp/.
(C) Identification of prime contracts under which the contractor performs as a subcontractor.
(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).
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(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).
(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).
(G) Management letter from outside CPAs concerning any internal control weaknesses.
(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.
(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.
(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.
(K) Federal and State income tax returns.
(L) Securities and Exchange Commission 10-K annual report.
(M) Minutes from board of directors meetings.
(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.
(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.
(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.
(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.
(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.
(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.
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(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may-
(A) Determine the amounts due to the Contractor under the contract; and
(B) Record this determination in a unilateral modification to the contract.
(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.
(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-
(1) Shall be the anticipated final rates; and
(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.
(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be-
(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs or
(2) Adjusted for prior overpayments or underpayments.
(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.
(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-
(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and
(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;
(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that
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the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and
(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
(End of clause)
I.6 52.216-18 Ordering (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from (to be determined at Contract Award).
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
I.7 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of (to be determined at Contract Award)
(2) Any order for a combination of items in excess of (to be determined at Contract Award)
; or
(3) A series of orders from the same ordering office within [1 ] days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within [ ] days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
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I.8 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after [insert date].
(End of clause)
I.9 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 Thirty (30) days.
(End of clause)
I.10 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 Fifteen (15) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [ 30 ]days (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 five (5) years.
(End of clause)
I.11 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(a) Definitions. As used in this clause-
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
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(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
I.12 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
I.13 52.222-49 SERVICE CONTRACT LABOR STANDARDS-PLACE OF PERFORMANCE UNKNOWN (MAY 2014)
(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: [insert places or areas]. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by [insert time and date].
(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.
(End of clause)
I.14 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)
(a) Definitions. As used in this clause-
Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
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High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).
Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.
Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydro chlorofluorocarbons.
(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:
Warning: Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall-
(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by-
(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);
(ii) Contract number; and
(iii) Equipment/appliance;
(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after-
(i) Annually by November 30 of each year during contract performance; and
(ii) At the end of contract performance.
(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap.
(End of clause)
I.15 52.227-23 RIGHTS TO PROPOSAL DATA (Technical) (JUN 1987)
Except for data contained on pages [ ], it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the "Rights in Data - General" clause contained in this contract) in and to the technical data contained in the proposal dated [ ], upon which this contract is based.
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I.16 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be [ ] percent of the bid price or $[ ], whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of provision)
I.17 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2012)
The Government will pay the Contractor as follows upon the submission of vouchers approved by the Contracting Officer or the authorized representative:
(a) Hourly rate. (1) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(i) Performed by the Contractor;
(ii) Performed by the subcontractors; or
(iii) Transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control.
(2) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours performed.
(3) The hourly rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(4) The hourly rates shall include wages, indirect costs, general and administrative expense, and profit. Fractional parts of an hour shall be payable on a prorated basis.
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(5) Vouchers may be submitted not more than once every two weeks, to the Contracting Officer or authorized representative. A small business concern may receive more frequent payments than every two weeks. The Contractor shall substantiate vouchers (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by-
(i) Individual daily job timekeeping records;
(ii) Records that verify the employees meet the qualifications for the labor categories specified in the contract; or
(iii) Other substantiation approved by the Contracting Officer.
(6) Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in this contract, and subject to the terms of paragraph (e) of this clause, pay the voucher as approved by the Contracting Officer or authorized representative.
(7) Unless otherwise prescribed in the Schedule, the Contracting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interests. The Contracting Officer may require a withhold of 5 percent of the amounts due under paragraph (a) of this clause, but the total amount withheld for the contract shall not exceed $50,000. The amounts withheld shall be retained until the Contractor executes and delivers the release required by paragraph (g) of this clause.
(8) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates shall be negotiated. Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(b) Materials. (1) For the purposes of this clause-
(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) Materials means-
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and
(D) Applicable indirect costs.
(2) If the Contractor furnishes its own materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-
(i) Quantities being acquired; and
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(ii) Actual cost of any modifications necessary because of contract requirements.
(3) Except as provided for in paragraph (b)(2) of this clause, the Government will reimburse the Contractor for allowable cost of materials provided the Contractor-
(i) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or
(ii) Ordinarily makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.
(4) Payment for materials is subject to the Allowable Cost and Payment clause of this contract. The Contracting Officer will determine allowable costs of materials in accordance with Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.
(5) The Contractor may include allocable indirect costs and other direct costs to the extent they are-
(i) Comprised only of costs that are clearly excluded from the hourly rate;
(ii) Allocated in accordance with the Contractor's written or established accounting practices; and
(iii) Indirect costs are not applied to subcontracts that are paid at the hourly rates.
(6) To the extent able, the Contractor shall-
(i) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and
(ii) Take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the Contractor shall promptly notify the Contracting Officer and give the reasons. The Contractor shall give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that have accrued to the benefit of the Contractor, or would have accrued except for the fault or neglect of the Contractor. The Contractor shall not deduct from gross costs the benefits lost without fault or neglect on the part of the Contractor, or lost through fault of the Government.
(7) Except as provided for in 31.205-26(e) and (f), the Government will not pay profit or fee to the prime Contractor on materials.
(c) If the Contractor enters into any subcontract that requires consent under the clause at 52.244-2, Subcontracts, without obtaining such consent, the Government is not required to reimburse the Contractor for any costs incurred under the subcontract prior to the date the Contractor obtains the required consent. Any reimbursement of subcontract costs incurred prior to the date the consent was obtained shall be at the sole discretion of the Government.
(d) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule, and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during performing this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated
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ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performing this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(e) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(f) Audit. At any time before final payment under this contract, the Contracting Officer may request audit of the vouchers and supporting documentation. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding vouchers, that are found by the Contracting Officer or authorized representative not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. Upon receipt and approval of the voucher designated by the Contractor as the "completion voucher" and supporting documentation, and upon compliance by the Contractor with all terms of this contract (including, without limitation, terms relating to patents and the terms of paragraph (g) of this clause), the Government shall promptly pay any balance due the Contractor. The completion voucher, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 120 days (or such longer period as the Contracting Officer may approve in writing) from the date of completion.
(g) Assignment and Release of Claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:
(1) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor.
(2) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.
(3) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.
(h) Interim payments on contracts for other than services. (1) Interim payments made prior to the final payment under the contract are contract financing payments. Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.
(1) Interim payments made prior to the final payment under the contract are contract financing payments. Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act
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(2) The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
(i) Interim payments on contracts for services. For interim payments made prior to the final payment under this contract, the Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(End of Clause)
I.18 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond [ ]. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond [ ], until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
I.19 52.244-2 SUBCONTRACTS (OCT 2010)
(a) Definitions. As used in this clause-
"Approved purchasing system" means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).
"Consent to subcontract" means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.
"Subcontract" means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.
(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-
(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or
(2) Is fixed-price and exceeds-
(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or
(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.
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(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: [ ]
(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c) or (d) of this clause, including the following information:
(i) A description of the supplies or services to be subcontracted.
(ii) Identification of the type of subcontract to be used.
(iii) Identification of the proposed subcontractor.
(iv) The proposed subcontract price.
(v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.
(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.
(vii) A negotiation memorandum reflecting-
(A) The principal elements of the subcontract price negotiations;
(B) The most significant considerations controlling establishment of initial or revised prices;
(C) The reason certified cost or pricing data were or were not required;
(D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price;
(E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;
(F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and
(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.
(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c) or (d) of this clause.
(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination-
(1) Of the acceptability of any subcontract terms or conditions;
(2) Of the allowability of any cost under this contract; or
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(3) To relieve the Contractor of any responsibility for performing this contract.
(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).
(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.
(i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3.
(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: [ ]
(a) "Sensitive Information", as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:
(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);
(3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and
(4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.
(b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.
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(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.
(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.
(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.
(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.
(End of clause)
I.21 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 1504(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
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(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.
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(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)
I.22 3052.209-72 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2006)
(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting [].
(b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award.
(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:
___ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or
___ (2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision.
(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan.
(e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.
(f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.
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(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold.
(End of provision)
I.23 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)
(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.
(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.
The Key Personnel or Facilities under this Contract:
(specify key personnel or facilities)
(End of clause)
I.24 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS 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.).
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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.
PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS.
SECTION J - LIST OF ATTACHMENTSAttachments:
Attachment 1– Pricing – Contract Line Items Attachment 2– Labor Category Description Attachment 3– Quality Assurance Surveillance Plan (QASP)Attachment 4– Scenario – Hurricane Jessica Attachment 5– Past Performance Survey Attachment 6– Past Contractual Performance
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PART IV- REPRESENTATIONS AND INSTRUCTIONS
SECTION K- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORSK.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section K of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE52.203-11 Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions SEP 200752.204-19 Incorporation by Reference of Representations and Certifications DEC 201452.209-2 Prohibition on Contracting With Inverted Domestic Corporations-
Representation NOV 201552.222-38 Compliance with Veterans' Employment Reporting Requirements FEB 201652.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-Representation and Certifications OCT 2015
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[ ] TIN: _____________________.
[ ] TIN has been applied for.
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[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other _________________________.
(f) Common parent.
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
[ ] Name and TIN of common parent:
Name _____________________________
TIN ______________________________
(End of provision)
K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2016)
(a)
(1) The North American Industry classification System (NAICS) code for this acquisition is ____________ [insert NAICS code].
(2) The small business size standard is ____________ [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
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(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
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(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xv) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xix) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xx) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxi) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
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(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
___ (i) 52.204-17, Ownership or Control of Offeror.
___ (ii) 52.204-20, Predecessor of Offeror.
___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
___ (vii) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
K.4 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) Contractor 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 Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an 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)
K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
(a) Definitions. As used in this provision-
"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
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"Federal contracts and grants with total value greater than $10,000,000" means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
K.6 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.
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(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:
Place of Performance(Street, Address, City, County, State, Zip Code)
Name and Address of Owner and Operator of the Plant or Facility if other than Offeror or Respondent
_________________ _________________
_________________ _________________
_________________ _________________
(End of provision)
K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
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(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is - [insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(c) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.) The offeror represents as part of its offer that-
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern
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eligible under the WOSB Program participating in the joint venture. (The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ____________________________.) Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.) The offeror represents as part of its offer that-
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. (The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________________________.) Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. (The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________________________.) Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15,
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31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that-
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation;
(b) It [ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or
(b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of provision)
K.10 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION. (AUG 2009)
(a) Definitions. As used in this provision--
"Business operations" means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
"Marginalized populations of Sudan" means--
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
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defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(End of provision)
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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE52.204-6 Data Universal Numbering System Number JUL 201352.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 201352.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE JUL 201652.215-1 INSTRUCTIONS TO OFFERORS- COMPETITIVE JAN 2004
52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort OCT 2009
52.216-27 Single or Multiple Awards OCT 1995
52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial Item Acquisition with Adequate Price Competition FEB 2007
52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 199952.237-10 Identification of Uncompensated Overtime MAR 20153052.219-71 DHS Mentor-Protege Program JUN 2006
L.2 52.215-3 REQUEST FOR INFORMATION OR SOLICITATION FOR PLANNING PURPOSES (OCT 1997)
(a) The Government does not intend to award a contract on the basis of this solicitation or to otherwise pay for the information solicited except as an allowable cost under other contracts as provided in subsection 31.205-18, Bid and proposal costs, of the Federal Acquisition Regulation.
(b) Although "proposal" and "offeror" are used in this Request for Information, your response will be treated as information only. It shall not be used as a proposal.
(c) This solicitation is issued for the purpose of: obtaining proposals for the Air Transportation Support Services.
(End of provision)
L.3 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Multi-Award Hybrid T&M and FFP, Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.
(End of provision)
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L.4 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)
L.5 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 AgencyAlternative 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.
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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:
Bianca Meira-Penna David J. Orris, Contracting Officer Agency Protest Ombudsman Office of the Chief Procurement Officer Office of the Chief Procurement Officer Federal Emergency Management Agency Federal Emergency Management Agency 3 NE 1007 Building D, Room 123 500 C Street SW, 16825 South Seton Avenue Washington, DC 20024-2523 Emmitsburg, MD 21727 Fax: 202-646-1765 Fax: 301-447-1092
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.
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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).
L.6 COMMITMENT OF GOVERNMENT TO AWARD A CONTRACT AND EXPENDITURE OF FUNDS
This solicitation does not commit the Government to award a contract. The Government reserves the right to reject any or all proposals or to negotiate separately, with any source considered qualified. The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement.
L.7 PROPOSAL INSTRUCTIONS
Vendors are encouraged to submit questions in regards to this solicitation to [email protected] and [email protected] by no later than Tuesday, 15 December 2016 at 11:00am EST. Telephone inquiries will not be honored.
Proposals are due Monday, 6 January 2016 by 11:00am EST. Late proposals will not be accepted. Offerors shall reference the Solicitation number HSFE70-16-R-0010 on all documentation submitted in response to this solicitation. Technical proposal shall have the Company, name, address and/or point of contact information on the cover page only the remaining proposal pages should not identify the company name, address and/or point of contact. The proposal must be prepared in two volumes: a “Technical Proposal” and a “Business Proposal.” Each of the volumes shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost; however, resource information (such as concerning
labor hours and categories, materials, subcontractors, etc.) must be contained in the technical proposal so that the contractor’s understanding of the requirement may be evaluated. Volume’s shall be broken out in accordance with the chart below:
Factor One (1) Technical/Management ApproachFactor Two (2) Key Personnel
Technical Proposal
Factor Three (3) Past PerformanceFactor Four (4) Small Business ParticipationBusiness ProposalFactor Five (5) Price
Each volume shall have a cover page that contains at a minimum: the solicitation number and proposal descriptions (Technical or Business); Offeror’s name, DUNS, address, point of contact and contact’s phone and email address. Pages shall be numbered. Front matter (title pages, table of contents, cross-reference matrices, acronym lists an glossaries) may be provided solely for the purpose of easing evaluation.
The offeror shall insert a period of not less than 120 calendar days in Block 12 of SF33.
Upon receipt of proposal, the Government shall verify the Offeror followed the formatting directions and is not listed in the SAM.gov “Exclusions”. Offerors found on the SAM Exclusions shall not be considered for award, in accordance with FAR 9.405.
The Government will evaluate proposals in accordance with evaluation criteria set forth in Section M of this RFP. Failure to respond or follow the instructions regarding the organization and content of the Technical and the Business Proposals will result in the Offeror’s proposal being removed from further consideration.
VOLUME I. TECHNICAL PROPOSAL INSTRUCTIONS
This section shall be limited to 50 single-sided pages with a clear font, such as Arial or Times New Roman, in a size no smaller than 10-points. Table and illustration labels may use a reduced font of no less than 8-points. If a proposal is received with a count greater than 50 pages, only the first 50 pages will be evaluated. Each 8 ½” X 11” sheet shall count as one page. Foldouts are permissible up to 11” X 17”, but each page larger than 8 ½” X 11” shall count as two pages. The required cover page, front matter described under “General Instructions,” and resumes of key personnel will not be counted as one of the 50 pages. The Technical Proposal shall include all information required in order to appropriately and effectively address factors one (1) through three (3):
Factor One (1) Technical/Management ApproachFactor Two (2) Key PersonnelFactor Three (3) Past Performance
Deviations/exceptions taken to this solicitation will not necessarily cause a proposal to be considered unacceptable. However, a large number of deviations/exceptions or one or more significant deviations/exceptions may result in the rejection of the proposal as unacceptable by the Contracting Officer.
The Government reserves the right to make award without discussions base on the initial proposals received. A limited exchange, between the Government and Offerors for the purpose of Clarification may occur when award without discussions is contemplated. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an Offeror’s past performance information and adverse past performance information to which the Offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors. In the event that discussions become necessary, the Contracting Officer may determine that the number of proposals that
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would otherwise remain in the competitive range exceeds the number at which an efficient competition can be conducted and may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
This is a “best value” procurement using the trade-off process as described at FAR 15.101-1. The Government will make an award to the responsible Offeror, whose proposal is most advantageous to the Government, price and other factors considered. Accordingly, the Government may or may not award to the lowest price Offeror. The government reserves the right to make award to a higher priced Offeror to achieve a superior solution in meeting the requirements of the PWS.
1. TECHNICAL/MANAGEMENT INSTRUCTIONS
Demonstrate an understanding of the requirement for the support described in the PWS,
Clearly address how it will execute the general scope of the requirement described in the PWS, and their ability to do so
Demonstrate clear knowledge and understanding of the requirement, including compliance with applicable regulations, known and potential risks and problems that may occur during performance, and proposed mitigation or solutions to such events;
Provided the Management Plan and explain how the Offeror will access and manage resources such as supplies, personnel, government-furnished property, and subcontracts;
Explain any and all assumptions, exceptions, or disagreements regarding the technical requirements listed in this RFP.
Detail the Offeror’s planned response to the proposal scenario described in Attachment 4 of this solicitation
Demonstrate clear knowledge and understanding of their response to the Scenario, which will be weighed against the government’s approach to the Scenario
Demonstrate an ability to have broad and comprehensive knowledge of the Department of Defense (DOD) Air Mobility Command (AMC) requirements for conducting airfield assessments
2. KEY PERSONNEL INSTRUCTIONS
The Offeror must describe the specific, relevant experience and availability of key personnel in providing services described in the PWS and those key personnel that would be utilized in responding to the Scenario. The Offeror will be evaluated on the strength of the key personnel proposed both individually and collectively. Critical evaluation elements shall be assessed as follows:
Demonstration of Educational qualifications of proposed Key Personnel;
Demonstration of Significant experience (10-15 years) in both military or commercial aviation/airport utilizing air transportation support;
Demonstration of both commercial and federal expertise (among the team and key personnel);
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Demonstration of recognition as respected leaders in their field.
3. PAST PERFORMANCE INSTRUCTIONS
Include Past Performance information on all relevant (meaning similar services and scope) contracts or subcontracts performed in the last 5 years (may be on-going). At a minimum, the contract number, period of performance, value, client, client point(s) of contact and current contact information to include email address, and brief description of duties or tasks performed under the contract must be provided. The list must note if a contract was terminated or de-scoped for more than $100,000, and a brief explanation for this action. If termination occurred, the type (default, convenience, or no cost settlement) must be provided;
The offeror shall forward a copy of the Past Performance Questionnaire to each of the references described in the past performance list above. The offeror shall request that the Contracting Officer’s Representative of the Contracting Officer fill out the questionnaire and forward it directly to the Contract Specialist [email protected] by the proposal due date. The Past Performance Questionnaire is contained in Attachment 5 of this solicitation. Past Performance Questionnaires that are forwarded to the Contract Specialist by the offeror will not be evaluated.
VOLUME II. BUSINESS PROPOSAL INSTRUCTIONS There is no page limitation on the Business Proposal. The proposal must be in a clear font, such as Arial or Times New Roman, in a size no smaller than 10-points. Table and illustration labels may use a reduced font of no less than 8-points. Foldouts are permissible. The Business Proposal shall include all information required in order to appropriately and effectively address factors four (4) and five (5):
Factor Four (4) Small Business ParticipationFactor Five (5) Price
The Business Proposal must contain:
Completed and signed SF33 (Offeror shall insert a period of not less than 120 calendar days in Block 12); Representations and certifications required under Section K;
Information to be included in the Business Proposal for consideration are: Deviations and exceptions.
4. SMALL BUSINESS SUBCONTRACTING PLAN INSTRUCTIONS
In accordance with FAR 52.219-9 provided in Section I, all Offerors other than small business shall submit an individual Small Business Subcontracting Plan. Any proposals identifying goals less than the DHS/FEMA Small Business goals specified in Section H.1 must provide a rationale supporting any such lower goals.
Small Disadvantaged Business Participation Targets (unless offeror is a Small Disadvantaged Business, in which case the Offeror shall submit their SBA Small Disadvantaged Business Certificate);
Small Business Subcontracting Plan (if Offeror is an Other than Small Business);
(1) Separate percentage goals for using small business (including Alaskan Native Corporations (ANCs) and Indian Tribes). Veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes) and women-owned small business concerns as subcontractors;
(2) A statement of the total dollars planned to be subcontracted and a statement of the total dollars planned to be subcontracted to small business (including ANCs and Indian tribes), Veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes) and women-owned small business concerns;
(3) A description of the principal types of supplies and services to be subcontracted to small business;
(4) A description of the method used to develop the subcontracting goals;
(5) A description of the method used to identify potential sources for solicitation purposes;
(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with small business;
(7) The name of an individual employed by the offeror who will administer the subcontracting program, and a description of the duties of the individual;
(8) A description of the efforts the offeror will make to ensure that small businesses have an equitable opportunity to compete for subcontracts;
(9) Assurances that the offeror will include the clause at 52.219-8, Utilization of Small Business Concerns in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $650,000 to adopt a plan that complies with the requirements of the clause at 51.219-9, Small Business Subcontracting Plan;
(10) Assurances that the offeror will – Cooperate in any studies or surveys as may be required; Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; Submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Report System (eSRS) (http://www.esrs.gov) following the instructions in the eSRS;
(11) A description of the types of records that will be maintained concerning procedures adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and to award subcontracts to them.
5. PRICE PROPOSAL INSTRUCTIONS
Completed tables listed in Attachment 1
In accordance with Section L.4 52.216-31 of this solicitation, offerors must specify fixed hourly rates in its offer that include wages, overhead, general administrative expenses, and profit. Offeror’s must specify whether the
fixed hourly rate for each labor category applies to labor performed by the offeror, subcontractors, and/or divisions, subsidiaries, or affiliates of the offeror under a common control.
The offeror must have an adequate accounting system that is in compliance with FAR 16.301-3(a) (1). An inadequate accounting system may impede the Government’s ability to properly monitor allowable costs and thus make interim and final payments under a cost type contract.
o Evidence of an adequate accounting system would include a written opinion or other statement from the cognizant federal auditor (CFA) or the cognizant federal agency official (CFAO) that the system has been adequate. If available, provide the audit report for the accounting system review. If the offeror does not have a copy of the report, the offeror may furnish the audit report number.
3. PROPOSAL SUBMISSION INSTRUCTIONS Proposals shall be submitted both electronically (via e-mail to [email protected] and [email protected] ) and hard copy. The electronic copy of Attachment 1 under the “Business Proposal” must be in MS Excel (.xls/.xlsx) format. All other documents may be submitted electronically in .pdf, .doc/.docx, and/or .xls/.xlsx format.
The hard copy shall contain one (1) original plus five (5) hard copies of the technical proposal, and one (1) original plus three (3) hard copies of the business proposal. The hard copy shall be delivered in an enclosed package (or packages) to the point of contact listed below. Offerors shall reference the Solicitation Number HSFE70-16-R-0010 on all documentation submitted in response to this solicitation.
Federal Emergency Management Agency Office of the Chief Procurement Officer Acquisition Operations DivisionAttn: Bianca Meira-Penna
500 C Street, 3rd Floor North East, Washington DC 20472-3205
It is strongly recommended that proposals submitted by mail be send in a manner and fashion that allows on-time delivery of proposals to meet the required due date. If a proposal is hand delivered, adequate time should be allowed to reach the assigned person (identified above) through the Security Desk by the designated time stated in the solicitation. If offeror intends to hand deliver the proposal, please contact Kimberly Coakley and Bianca Meira-Penna (via email at, [email protected] and [email protected] ) at least three (3) business days prior to the proposal due date if you wish to schedule a time to hand deliver the proposal.
L.9. RESTRICTION ON USE AND DISCLOSURE OF PROPOSAL/QUOTATION INFORMATION (DATA)
It is FEMA policy to use information contained in proposals and quotations for evaluation purposes only. While this policy does not require that the proposal or quotation bear a restrictive notice, offerors or proposals should, in order to maximize protection of trade secrets or other information that is commercial or financial and confidential or privileged, place the following notice on the title page of the proposal or quotation and specify the information, subject to the notice by inserting appropriate identification, such as page numbers, in the notice. In any event, information, (data) contained in proposals and quotations will be protected to the extent permitted by law, but FEMA assumes no liability for use and disclosure of information not made subject to the notice.
The information (data) contained in of this proposal or quotation constitutes a trade secret and/or information that is commercial or financial and confidential or privileged. It is furnished to the Government in confidence with the understanding that it will not, without permission of the offeror, by used or disclosed for other than evaluation purposes; PROVIDED, however, that in the event a contract is awarded on the basis of this proposal or
quotation the Government shall have the right to use and disclose this information (data) to the extent provided in the contract. This restriction does not limit the Government's right to use or disclose this information (data) if obtained from another source without restriction.
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SECTION M - EVALUATION FACTORS FOR AWARD
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section M of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.217-53052.219-72
EVALUATION OF OPTIONS EVALUATION OF PRIME CONTRACTORIN THE DHS METNOR-PROTÉGÉ PROGRAM
JUL 1990JUN 2006
M.2 EVALUATION INFORMATION
3.3.5 Evaluation Information
Proposals will be evaluated in accordance with applicable FAR regulations. Evaluations is performed to determine the Offeror’s understanding of the work to be performed, technical approach, potential for completing the work as specified in the solicitation, and price/cost reasonableness.
The factors as listed in the chart below are in decreasing order of importance. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The degree of importance of the price will increase with the degree of equality of the technical proposals increases, or when the price is so significantly high as to diminish the value of the technical superiority to the Government. One (1) factor with an unsatisfactory rating will remove the Offeror from further consideration for award.
Factor One (1) Technical/Management ApproachFactor Two (2) Key Personnel
Technical Proposal
Factor Three (3) Past PerformanceFactor Four (4) Small Business ParticipationBusiness ProposalFactor Five (5) Price
The Government reserves the right to make award without discussions base on the initial proposals received. A limited exchange, between the Government and Offerors for the purpose of Clarification may occur when award without discussions is contemplated. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an Offeror’s past performance information and adverse past performance information to which the Offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors. In the event that discussions become necessary, the Contracting Officer may determine that the number of proposals that would otherwise remain in the competitive range exceeds the number at which an efficient competition can be conducted and may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
This is a “best value” procurement using the trade-off process as described at FAR 15.101-1. The Government will make an award to the responsible Offeror, whose proposal is most advantageous to the Government, price and other factors considered. Accordingly, the Government may or may not award to the lowest price Offeror. The government reserves the right to make award to a higher priced Offeror to achieve a superior solution in meeting the requirements of the PWS.
VALUE JUDGMENTS
The chart below provides definitions of the value judgments to be used in evaluating each Offeror’s proposal:
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TERM Definition
Significant Strength
An element of a proposal which significantly exceeds a requirement of the solicitation in a way that is very beneficial to the Government.
StrengthAn element of a proposal which exceeds a requirement of the solicitation in a beneficial way to the Government.
Weakness A flaw in a proposal that increases the chance of unsuccessful performance.
Significant Weakness
A flaw that appreciably increases the risk of unsuccessful contract performance.
DeficiencyA material failure of a proposal to meet a government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.
1. TECHNICAL/MANAGEMENT APPROACH EVALUATION
The Offeror’s proposal shall be evaluated on their demonstrated technical and management approach to support the requirements of each Major Function outlined in Section C, Performance Work Statement (PWS) and Attachment 3 - Scenario. The Offeror’s proposals shall be evaluated for merit and appropriateness of the Offeror’s plan to organize, access, and manage resources such as supplies, personnel, government-furnished property and subcontracts. The ability to identify an organizational and management structure that can quickly respond to a single or multiple disasters within a sufficient time frame. Demonstration of the management approach and its reasonableness that will be used in response to the Scenario will be evaluated as well.
Specifically, the Offeror’s proposal will be evaluated for:
The degree in which the Offeror’s proposal demonstrates an understanding of the requirement for the support described in the PWS;
The degree in which the Offeror clearly addresses how it will execute the general scope of the requirement described in the PWS, and their ability to do so;
The degree in which the Offeror demonstrates clear knowledge and understanding of the requirement, including compliance with applicable regulations, known and potential risks and problems that may occur during performance, and proposed mitigation or solutions to such events;
The degree in which is provided the Program Management Plan (PMP) and explains how the Offeror will access and manage resources such as supplies, personnel, government-furnished property, and subcontracts;
The degree in which the Offeror explains any and all assumptions, exceptions, or disagreements regarding the technical requirements listed in this RFP;
The degree in which the Offeror response to the Scenario demonstrates clear knowledge and understanding of their response to the Scenario, which will be weighed against the government’s approach to the Scenario;
The degree in which the Offeror demonstrates broad and comprehensive knowledge of the Federal Aviation Regulations, with a particular emphasis to Parts 119, 121, and 135.
The following table shows the ratings that will be to Factor One (1) – Technical/Management Approach:
Rating Description
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Superior Proposal demonstrates an excellent understanding of the requirements and an approach that significantly exceeds performance or capability standards. Proposal has significant strengths that will significantly benefit the Government and risk of unsuccessful performance is very low.
Good Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards. Proposal has one or more strengths that will benefit that Government and risk of unsuccessful performance is low.
Satisfactory Proposal demonstrates an understanding of the requirements and an approach that meets performance or capability standards. Proposal presents an acceptable solution with no strengths and risk of unsuccessful performance is moderate.
Unsatisfactory Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.
2. KEY PERSONNEL EVALUATION
The Offeror must describe the specific, relevant experience and availability of key personnel in providing services described in the PWS and those key personnel that would be utilized in responding to the Scenario. The Offeror will be evaluated on the strength of the key personnel proposed both individually and collectively. Critical evaluation elements shall be assessed as follows:
Demonstration of Educational qualifications of proposed Key Personnel;
Demonstration of Significant experience (10-15 years) in both military or commercial aviation/airport utilizing air transportation support;
Demonstration of both commercial and federal expertise (among the team and key personnel);
Demonstration of recognition as respected leaders in their field.
The following table shows the ratings that will be to Factor Two (2) – Key Personnel:Rating DescriptionSuperior Proposal demonstrates an excellent understanding of the requirements
and an approach that significantly exceeds performance or capability standards. Proposal has significant strengths that will significantly benefit the Government and risk of unsuccessful performance is very low.
Good Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards. Proposal has one or more strengths that will benefit that Government and risk of unsuccessful performance is low.
Satisfactory Proposal demonstrates an understanding of the requirements and an approach that meets performance or capability standards. Proposal presents an acceptable solution with no strengths and risk of unsuccessful performance is moderate.
Unsatisfactory Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.
3. PAST PERFORMANCE EVALUATION
In determining its confidence in the Offeror’s ability to support the prospective requirements, the Government will evaluate each Offeror’s past performance on relevant projects of a similar size, scope and complexity, as proven by the successful management of current and previous contracts of a similar scope, magnitude, and complexity during the last five (5) years. In performing this
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evaluation, the Government will consider the Offeror’s and major subcontractors’ past performance information provided by the Offeror and may consider information obtained from other sources to include but not be limited to information available in the Past Performance Information Retrieval System (PPIRS) if reports exist for the Offeror and its subcontractors (http://www.ppirs.gov/). Past Performance Questionnaire received by the Contract Specialist from the appropriate references for the respective projects described in the past performance shall also be considered in determining the Government’s confidence in the Offeror’s ability to support the prospective requirement.
The following table shows the ratings that will be used to evaluate Factor Three (3) – Past Performance:
Rating DescriptionNeutral No relevant past performance record is identifiable upon which to base a
meaningful performance risk prediction. A search was unable to identify any relevant past performance information for the Offeror, key personnel, or subcontractors. This is neither a negative nor a positive assessment.
Superior Based on the Offeror’s past performance record, essentially no doubt exists that the Offeror will successfully perform the requirement.
Satisfactory Based on the Offeror’s past performance record, it is likely that the Offeror will successfully perform the required effort
Neutral Based on the Offeror’s past performance record, it is not likely that the Offeror will successfully perform the requirement.
4. SMALL BUSINESS SUBCONTRACTING PLAN EVALUATION
If the Offeror is a Small Business, a Small Business Subcontracting plan is not required and thus will not be evaluated.
If the Offeror is a company considered other than Small Business, the proposed Small Business Subcontracting Plan shall be evaluated for adequacy; realism of the planned small business participation; and ensuring the required information, goals, and assurances are included. Any targets specified in the Small Business Subcontracting Plan will be incorporated into and become part of any resulting contract. Evaluation of Small Disadvantaged Business participation as required by FAR 19.102 will be assessed based on consideration of the information presented in the Offeror’s Small Business Subcontracting Plan.
The following table shows the rating system that will be assigned to Factor Four (4) – Small Business Subcontracting Plan:Rating DescriptionOutstanding Exceeds the minimum Small Business Subcontracting Plan goals set forth
in Section H.1 and the Total Small Business goal is at least above 60%.Good Exceeds the minimum Small Business Subcontracting Plan goals set forth
in Section H.1 and the Total Small Business goal is at least above 50%.Acceptable Meets the minimum Small Business Subcontracting Plan goals set forth in
Section H.1.Unsatisfactory Fails to meet the minimum Small Business Subcontracting Plan goals set
forth in Section H.1.Neutral No subcontracting opportunities have been identified. The Offeror will be
rated as neutral against its competitors
5. PRICE EVALUATION
Price analysis is described at FAR 15.404-1(b). This analysis is done to ensure that a “fair and reasonable” price is paid by the Government. Should the contractor not provide evidence of an adequate accounting system, the contractor’s proposal shall be deemed unacceptable. The Government will evaluate offers for award purposes by adding the total of all CLIN prices, including all options, as part of our best value analysis.
3.3.6 Competitive Range
The government retains the right to make award without discussions. If discussions will be held, the competitive range shall be recommended by the SSEB on the basis of technical and price factors. The competitive range comprises of all the most
highly rated proposals, unless the range is further reduced for purposes of efficiency pursuant to FAR 15.306(c)(2). The Contracting Officer (CO) will notify, in writing, all Offerors whose proposals do not fall within the competitive range that their proposals are no longer eligible for award. The SSEB Chair will submit the SSEB Report to the CO and SSA for approval of the competitive range recommendation. The SSEB will also document questions unique to each proposal in the competitive range for discussions. These questions will be provided to the CO. Offerors determined to be in the competitive range will then be notified of their inclusion in the competitive range.
3.3.7 Discussions
After the competitive range is established, the Government will hold meaningful discussions in accordance with FAR 15.306.
3.3.8 Final Proposal Revisions
In requesting the final proposal revisions, a common cutoff date will be established. The SSEB must evaluate any new or modified information provided by Offerors during the discussion process. Any resulting changes to ratings will be documented in the SSEB Report along with an award recommendation. The SSEB Report should include:
An overview of the intent and purpose of the report Results of the Compliance Review Evaluation process and procedures followed for conducting the evaluations A Summary of proposal ratings and ranking The Panel’s consensus opinions i.e., evaluated strengths, weaknesses, and risks
It is anticipated that a selection for award will be made resulting from the final proposal revisions.
3.3.9 Briefing of Source Selection Authority and Contracting Officer
The SSA will receive a formal briefing conducted by the SSEB Chairperson, or designated representative(s). The CO will attend this briefing to ensure proper source selection procedures were followed. The SSA will receive additional input from the SSEB and designated advisors, as necessary, to make the final selection for award.
3.3.10 Source Selection Decision
The SSEB Chairperson will brief the SSA and obtain SSA approval of the selection. The SSA is responsible for the conduct and outcome of the source selection process. The SSA will review the recommendations of the SSEB and will, with the advice of appropriate technical and staff representatives, make the final selection.
The SSA shall provide for the Contracting Officer a written explanation of the reason(s) for any change in selection. The SSA will notify the SSEB Chairperson of his/her decision. Following the award decision, the SSA will request the Contracting Officer to execute the contract resulting from that decision.
3.3.11 Debriefing and Release of Information
Notices if a competitive range exists:Per FAR 15.505, the contracting officer shall notify Offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition. The notice shall state the basis for the determination and that a proposal revision will not be considered.
Preaward debriefing of Offerors excluded, Offerors excluded from the competitive range or otherwise excluded from the competition before award may request a debriefing before award as follows:
1. The Offeror may request a preaward debriefing by submitting a written request for debriefing to the contracting officer within 3 days after receipt of the notice of exclusion from the competition.
2. At the Offeror’s request, this debriefing may be delayed until after award. If the debriefing is delayed until after award, it shall include all information normally provided in a post award debriefing (see
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15.506(d)). Debriefings delayed pursuant to this paragraph could affect the timeliness of any protest filed subsequent to the debriefing.
3. If the Offeror does not submit a timely request, the Offeror need not be given either a preaward or a post award debriefing. Offerors are entitled to no more than one debriefing for each proposal.
4. The contracting officer shall make every effort to debrief the unsuccessful Offeror as soon as practicable, but may refuse the request for a debriefing if, for compelling reasons, it is not in the best interests of the Government to conduct a debriefing at that time. The rationale for delaying the debriefing shall be documented in the contract file. If the contracting officer delays the debriefing, it shall be provided no later than the time post award debriefings are provided under 15.506. In that event, the contracting officer shall include the information at 15.506(d) in the debriefing.
5. Debriefings may be done orally, in writing, or by any other method acceptable to the contracting officer. In this case, pre-award debriefings shall be done in writing to include:
a. The agency’s evaluation of significant elements in the Offeror’s proposal; b. A summary of the rationale for eliminating the Offeror from the competition; and c. Reasonable responses to relevant questions about whether source selection procedures contained
in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the Offeror from the competition.
6. Preaward debriefings shall not disclose— a. The number of Offerors; b. The identity of other Offerors; c. The content of other Offerors’ proposals; d. The ranking of other Offerors; e. The evaluation of other Offerors; or f. Any of the information prohibited in 15.506(e).
7. An official summary of the debriefing shall be included in the contract file.
Post award notices to competitive range Offerors. 1. Within 3 days after the date of contract award, the contracting officer shall provide written notification to
each Offeror whose proposal was in the competitive range. The notice shall include— a. The number of Offerors solicited; b. The number of proposals received; c. The name and address of each Offeror receiving an award; d. The total contract price. and e. In general terms, the reason(s) the Offeror’s proposal was not accepted, unless the price
information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall an Offeror’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other Offeror.
Post award debriefing of Offerors. 1. An Offeror, upon its written request received by the agency within 3 days after the date on which that
Offeror has received notification of contract award in accordance with 15.503(b), shall be debriefed and furnished the basis for the selection decision and contract award.
2. To the maximum extent practicable, the debriefing should occur within 5 days after receipt of the written request. Offerors that requested a post award debriefing in lieu of a preaward debriefing, or
whose debriefing was delayed for compelling reasons beyond contract award, also should be debriefed within this time period.
3. An Offeror that was notified of exclusion from the competition (see 15.505(a)), but failed to submit a timely request, is not entitled to a debriefing.
4. Untimely debriefing requests may be accommodated.5. Debriefings of successful and unsuccessful Offerors may be done orally, in writing, or by any other
method acceptable to the contracting officer and should be held by the contracting officer. 6. At a minimum, the debriefing information shall include—
a. The Government’s evaluation of the significant weaknesses or deficiencies in the Offeror’s proposal, if applicable;
b. The overall evaluated cost or price (including unit prices) and technical rating, if applicable, of the successful Offeror and the debriefed Offeror, and past performance information on the debriefed Offeror;
c. The overall ranking of all Offerors, when any ranking was developed by the agency during the source selection;
d. A summary of the rationale for award; e. Reasonable responses to relevant questions about whether source selection procedures contained
in the solicitation, applicable regulations, and other applicable authorities were followed. 7. The debriefing shall not include point-by-point comparisons of the debriefed Offeror’s proposal with
those of other Offerors. Moreover, the debriefing shall not reveal any information prohibited from disclosure by 24.202 or exempt from release under the Freedom of Information Act (5 U.S.C. 552) including—
a. Trade secrets; b. Privileged or confidential manufacturing processes and techniques; c. Commercial and financial information that is privileged or confidential, including cost
breakdowns, profit, indirect cost rates, and similar information; and d. The names of individuals providing reference information about an Offeror’s past performance. e. An official summary of the debriefing shall be included in the contract file.
Performs day-to-day management of contract support operations, possibly involving multiple tasks and groups of personnel at multiple locations, on a single project. Demonstrates skills in the scope of work encompassed by the task order; provides technical guidance to the project team in performance of the work, and reviews the quality of all work products. Organizes, directs, and coordinates the planning and production of all contract support activities. Responsible for staffing, project planning, project financials, and staff direction and oversight. The Project Manager maintains and manages the client interface at the COR levels of the client organization. Assists the Program Manager as required in managing contract performance.
Minimum of 15 years of relevant military or commercial aviation/airport experience and a Master’s Degree in Emergency Management, or a Minimum of 15 years of experience and Bachelor’s Degree in Civil Engineering or equivalent BA degree with FEMA Contracting Officer’s approval.
Admin Support Provides general-purpose administrative and clerical support for project tasks. May include secretarial, word processing, graphics, desktop publishing, editing, and coordination.
High school diploma or general education degree (GED); or 1 year of related experience and/or training; or equivalent combination of education and experience.
Accounting Support Staff Performs one or more routine accounting clerical operations, such as: examining, verifying, and correcting accounting transactions to insure completeness and accuracy of data and proper identification of accounts, and checking that expenditures will not exceed obligations in specified accounts; totaling, balancing, and reconciling collection vouchers; posting data to
High school diploma or general education degree (GED); or 1 year of related experience and/or training; or equivalent combination of education and experience.
transaction sheets where employee identifies proper accounts and items to be posted; and coding documents in accordance with a chart (listing) of accounts. Employee follows specific and detailed accounting procedures. Completed work is reviewed for accuracy and compliance with procedures.
Ground Transport Laborer Performs tasks which require mainly physical abilities and effort involving little or no specialized skill or prior work experience. The following tasks are typical of this occupation: Loads and unloads trucks, and other conveyances; moves supplies and materials to proper location by wheelbarrows or hand-trucks; stacks materials for storage or binning; collects refuse and salvageable materials.
High school diploma or general education degree (GED); or 1 year of related experience and/or training; or equivalent combination of education and experience.
Crane Operator Operates a manually controlled gasoline, electric or liquid propane gas powered crane to lift, position and place machinery, equipment or other large objects at airports, industrial facilities, or other establishment.
High school diploma or general education degree (GED); or 1 year of related experience and/or training; or equivalent combination of education and experience.
Forklift Operator Operates a manually controlled gasoline, electric or liquid propane gas powered forklift to transport goods and materials of all kinds about a warehouse, manufacturing plant, or other establishment.
High school diploma or general education degree (GED); or 1 year of related experience and/or training; or equivalent combination of education and experience.
Quality Assurance Surveillance Plan
Aviation Transportation Services
This Quality Assurance Surveillance Plan (QASP) describes how government personnel will evaluate and
assess contractor performance. The QASP is based on the premise that the Contractor, not the
Government, is responsible for managing and ensuring that quality controls meet the terms of the
contract. The QASP provides a systematic method to evaluate the services the Contractor is required to
furnish.
This QASP has been developed to evaluate Contractor actions while implementing the Performance Work
Statement (PWS). It is designed to provide an effective surveillance method of monitoring Contractor
performance for each listed objective on the Performance Requirements Matrix (PRM).
Definition of Terms in the PRM:
Minor deficiency is any error in the deliverable product resulting from clerical or administrative
errors.
Major deficiency is any error that would cause the deliverable product to be determined
unacceptable.
Non-Compliance is an outcome that does not meet the requirements detailed in the Contract and
Task Order
Performance Requirements Summary Matrix
Performance
Objective
Performance Standard
Acceptable Quality Level
(AQL)
Monitoring Method
Incentive/Disincentive
6.1 – Management Work Plan and Reporting Deliverables
Task 6.1 (a)
Program Management Plan (PMP) The contractor’s PMP shall depict the organization structure, the assignment of functions, duties, and responsibilities, the procedures and policies, and the reporting requirements that are established for completing the activities assigned under this PWS.
Final deliverable(s) shall contain no deficiencies or non-compliance, and final deliverable(s) shall satisfactory meet 100% of all technical requirements detailed in the Task Order
100% compliance 100% inspection Contractor shall fix all deficiencies and non-compliance at no additional cost to the Government within 5 business days unless otherwise specified in the Task Order. If deficiencies and non-compliance are not fixed within 5 business days, or unless otherwise specified in the Task Order, the Contractor will receive a rating of “Unsatisfactory” in CPARS under the Quality rating.
Task 6.1 (g)
Monthly Status Reports Shall Include: (1) a summary of the work accomplished; (2) cumulative flight hours and expenditures to include any billed aircraft positioning and de-positioning costs where applicable; (3) any current and foreseeable problems and proposed corrective actions; and (4) the status of any task order incurred costs vs. planned costs
Due no later than the 15th of every month following task order award.
100 % Compliance 100% inspection Contractor shall fix all deficiencies and non-compliance at no additional cost to the Government within 5 business days unless otherwise specified in the Task Order. If deficiencies and non-compliance are not fixed within 5 business days, or unless otherwise specified in the Task Order, the Contractor will receive a rating of “Unsatisfactory” in CPARS under the Quality rating.
Performance
Objective
Performance Standard
Acceptable Quality Level
(AQL)
Monitoring Method
Incentive/Disincentive
6.2 – Air Transportation Support
Task 6.2.1(a)
Aircraft must be activated and positioned where directed by the Government with maximum fuel aboard consistent with aircraft performance limitations and mission requirements no more than 48 hours after receipt of a task order.
Aircraft is positioned at the designated team or task force point of departure with the responding crew ready for onward flight 48 hours after receipt of a task order
100% compliance Government review of flight scheduling documentation in terms of task order requirement.
COR review of Contractor Status Report
If performance objective is not met a rating of “Unsatisfactory” will be assigned in the CPARS under the Management rating category.
1% of total price for each ½ hour variance from standard.
Task 6.2.1(a)
During a disaster and /or emergency, aircraft must be activated and positioned where directed by the Government with maximum fuel aboard consistent with aircraft performance limitations and mission requirements no more than 5 hours
Aircraft is positioned at the designated team or task force point of departure with the responding crew ready for onward flight 5 hours after receipt of a task order
100% compliance Government
review of
notice of
readiness in
terms of Task
Order
requirements
COR review of Contractor Status Report
If performance objective is not met a rating of “Unsatisfactory” will be assigned in the CPARS under the Management rating category.
1% of total price for each ½ hour variance from standard.
after receipt of a task order.
Task 6.2 (e)
All equipment at
destination is
positioned and ready
to begin offloading no
more than 2 hours
prior to the
established landing
time.
Notice of readiness is
provided to the COR
no more than 2 hours
prior to the
established landing
time
100% compliance Government
review of
notice of
readiness in
terms of Task
Order
requirements
COR review of
Contractor
Status Report
If performance
objective is not met
a rating of
“Unsatisfactory” will
be assigned in the
CPARS under the
Management rating
category.
1% of total price for
each ½ hour
variance from
standard.
SOURCE SELECTION INFORMATION – SEE FAR 3.104-2
Department of Homeland Security (DHS)
Federal Emergency Management Agency (FEMA)
Streamlined Acquisition Plan
Air Transportation Support
IDIQ
Acquisition Plan # ____ F2016032398_____
SOURCE SELECTION INFORMATION – SEE FAR 3.104-2 Page 1
Submitted by:
________________________________
Name Date
Leviticus L.A. Lewis
Program Lead
FEMA/Response
202-646-4111
________________________________
Name Date
Bianca Meira-Penna
Contracting Officer – Incident Support
DHS / FEMA
202-765-9113
Concurrence:
________________________________
Name Date
Pamela McClam
Small Business Specialist
FEMA/OCPO
202-212-1975
Approval:
________________________________
Name Date
Sam Ansani
Branch Chief – Incident Support
FEMA/OCPO
202-646-3578
________________________________
Name Date
Bobby McCane
Head of Contracting Activity (HCA)
FEMA/OCPO
202-646-4018
SOURCE SELECTION INFORMATION – SEE FAR 3.104-2 Page 2
1) Requirement Description: (Provide background and a brief description)
Supplies
Services
Both supplies and services
The Federal Emergency Management Agency (FEMA) mission is to reduce the loss of life and
property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and
other man-made disasters, by leading and supporting the Nation in a risk based, comprehensive
emergency management system of preparedness, protection, response, recovery, and mitigation.
The Response Directorate within FEMA coordinates and provides the core Federal disaster
response capability needed to save lives, reduce suffering, and protect property in communities
throughout the Nation that have been overwhelmed by the impact of a major disaster or
emergency, regardless of cause. The Response Directorate must ensure that Federal emergency
response systems and capabilities are properly poised to lean forward to support States and
communities overwhelmed by disasters and emergencies.
To support declared or undeclared emergencies and disaster response operations within the
United States, its territories and possessions, FEMA may need to transport responders, personnel,
equipment, and vehicles to affected areas. To meet this need, FEMA requires a contracted
source of air transportation services for various types of charter jet aircraft, corresponding but
not limited to types described in this PWS. A contract of this type will enable FEMA to
proactively support the emergency response needs associated with natural, technological and
man-made disasters in a timely manner.
2) Competition (FAR 7.105(b)(2))
Competitive
Full and Open
Socioeconomic (Small Business Set-Aside, 8(a))
Federal Supply Schedule (FSS)
Non-competitive
FAR 6.302: (Cite authority) ___________________________________________
FAR 8.405-6: (Cite authority) _________________________________________
FAR 16.504: (Cite authority) __________________________________________
Provide a brief explanation of the circumstances permitting other than full and open competition:
Cost/Schedule/Performance Constraints: Support for these requirements will be on a 24
hour, seven day a week basis, enabling FEMA to proactively support emergency evacuations.
SOURCE SELECTION INFORMATION – SEE FAR 3.104-2 Page 4
7) Contract Type
Firm Fixed-Price
Cost Reimbursement
Time and Materials
Labor Hour
Other _________________
8) Contract Type Discussion (FAR 16.103(d)) (For other than a firm-fixed price
contracts, discuss the following.)
(A) An analysis of why the use of other than a firm-fixed-price contract (e.g., cost
reimbursement, time and materials, labor hour) is appropriate and the rationale that detail the
particular facts and circumstances (e.g., complexity of the requirements, uncertain duration of the
work, contractor’s technical capability and financial responsibility, or adequacy of the contractor’s
accounting system), and associated reasoning essential to support the contract type selection.
An IDIQ or Requirements contract will be used for these services because FEMA anticipates
recurring requirements but cannot predetermine the precise amount of services required. Per
FAR 16.301(a), the requirements meets the definition of a T&M contract. Hourly rate of the
labor qualifies as the time portion of the task orders and the planes and helicopters qualify as the
material for the task orders. FFP task orders are anticipated to be used if a flight requirement is
recurring such as a plane or helicopter to be used as a shuttle or multiple flights within the same
scope as the initial flight during a declared disaster. Due to the unpredictability of disasters, the
initial flight for each mission will be undetermined as the impact of a storm is unknown. The
extent of the life sustaining mission is not defined until assessments are completed.
(B) An assessment regarding the adequacy of Government resources that are necessary to
properly plan for, award, and administer other than firm-fixed-price contracts. The program office has two program specialists assigned to this requirement, one serving as the
COR and the other serving as alternate COR. Additionally, two other individuals, a branch chief
and program manager support the requirement. From a program office standpoint, there are
adequate resources to provide COR oversight of any T&M task orders issued off this vehicle,
based on past experience of the existing CORs for this contract. The previous vehicle utilized
SOURCE SELECTION INFORMATION – SEE FAR 3.104-2 Page 6
11) Risks (FAR 7.105(a)(7))
Risk Event Risk Category Risk
Probability
Impact Risk
Management
Responsible
Party
Not meeting the
acquisition
schedule
Schedule Medium Requiring activity will not
receive
services on
time
Award k off
GSA schedules.
on a month-by-
month basis
Contracting Officer /
Program
Office
Cost of the T&M task orders is increasing
Cost Medium The cost of the requirement will balloon and drain agency funds.
Award multiple
IDIQs, along
with careful
selection of a
capable vendors
and adequate
oversight of
these
contractors
during
performance of
the task orders.
Contracting Officer / Program Office
Contractor doesn’t perform
Capability Low Failure of the requirement
Careful
selection of
vendor and
adequate
oversight of
contractor
during
performance of
the task orders.
Contracting Officer / Program Office
Requirements: Requirements are unclear.
Performance Medium If evacuation planning requirements are not clearly defined in the contract and subsequent task orders, then the vendor may not be able to support the requirement.
Clearly define
requirements in
the contract and
Task Orders.
Validate the
vendor’s ability
to perform
requirements
through
monitoring and
inspection of
the contract. These services
have
previously
been under
contract. In
the event a
new contractor
won the award
and failed, an
award could
be made to the
PM, COR, and CO.
SOURCE SELECTION INFORMATION – SEE FAR 3.104-2 Page 7
incumbent(s)
for services. Resource Utilization
Performance Medium If resources are not properly monitored, then resources may not be effectively utilized.
COR will
monitor and
direct utilization
information daily
to promptly
deploy and/or
demobilize
resources, as
necessary.
FEMA
Administering
COR coordinates
with onsite
COR(s),
contractor, and
FEMA command
structure to
determine
required resource
levels.
PM, COR, and CO
N/A
In the preceding table, identify any cost, schedule, capability, or performance risks that may
affect either the Government or contractor and explain how those risks will be mitigated.
12) Source Selection Procedures (FAR 7.105(b)(4))
Source Selection Milestones – See Attached Milestone Plan –
Milestone Projected Date
Evaluation Factors/Criterion Identified 6/13/16
Source Selection Plan Approved 6/27/16
Proposal/Quote Submission 10/26/2016
Proposal/Quote Evaluation 11/4/2016
The Evaluation Factors/Criterion for this procurement are: See Attached Technical
Evaluation Plan
Technical Factors Factor One (1) Technical/Management Approach
Factor Two (2) Key Personnel
Business/Price
Factors Factor Three (3) Past Performance
Factor Four (4) Small Business Participation
Factor Five (5) Price
SOURCE SELECTION INFORMATION – SEE FAR 3.104-2 Page 8
GRAND TOTAL 9,407,250.00$ 9,687,487.50$ 9,968,565.00$
^Cost per hour for airframes, cranes, forklifts, and labor categories; daily estimated costs for ground transport; hazardous material costs per shipment; estimated insurance fee per activity
*Includes material handling equipment and operators to load equipment onto and off of the aircraft at departure and arrival airfields
