SECTION B TERMS AND CONDITIONS B.1 GENERAL · (3) Contract/Delivery Order Number and Date - insert...

HSFE70-16-R-0010 Section B

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SECTION B – TERMS AND CONDITIONS B.1 GENERAL This solicitation will result in a Firm-Fixed Priced with Economic Adjustment Multiple Award, Indefinite-Delivery, and Indefinite-

Quantity Contract to provide a network of transportation and emergency cross/dock/freight forwarding service operations

centers Nationwide. The Contractor shall provide, in accordance with issued Task Orders (TOs), all management, supervision,

labor, and materials necessary to perform these support services on an Indefinite-Delivery, Indefinite-Quantity (IDIQ) basis.

B.2 MINIMUM AND MAXIMUM FUNDING LIMITATION

The contract is in support of a major disaster. The definite guarantee for this requirement is set at $2,500 per contract

and the maximum guarantee is currently set at $5,000 per contract. However, in the event of a Presidential Declaration

for a disaster, the Government will utilize this contract to respond to the disaster by increasing the ceiling of the

contract to perform services in the specific state(s) and/or the affected areas. The overall contract ceiling amount is

$8.8 Million.

B.3 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows: Administrative Contractive Officer: Name: LaShawn Smith Phone: 202-646-4306

Email:[email protected]

Contract Specialist: Name: Alfredia Allen Phone: 202-212-3908 Email:[email protected] Contracting Officer’s Representative: Name: To be named after award Phone:


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Email:

B.4 PERIOD OF PERFORMANCE

The period of performance for this effort is from date of award for a period of one (1) year thereafter, hereto referred to as the base period. This effort includes four 12 month option year periods, which may be unilaterally exercised by the government. Each option year period shall not exceed 12 months in duration, unless mutually agreed upon and a formal modification issued by the FEMA Contracting Officer. All terms and conditions applicable to the base period shall extend to the option year(s) unless otherwise agreed upon and a formal modification issued by the FEMA Contracting Officer. The option year period(s) are not subject to the availability of funds.

B.5 PLACE OF PERFORMANCE

To Be Determined at Task Order

The services shall support FEMA operations in the 48 Contiguous United States and the District of Columbia, and augment FEMA’s capacity to respond to natural catastrophic events. B.6 BILLING INSTRUCTIONS Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis. Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at [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.

B.7 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:

http://www.gsa.gov/portal/forms/type/SF

mailto:[email protected]



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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 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.”

B.7.1 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.

Name: Title: Phone: Email:

B.7.2 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work governed under a particular task order. This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed FEMA Contracting Officer. Only a duly appointed FEMA Contracting Officer is authorized to change the specifications, terms, and conditions governed

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under this contract and/or subsequent task order(s).

(End of Section B)

SECTION C - CONTRACT CLAUSES C.1 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an electronic invoice to the address designated in the contract to receive invoices. An invoice must include --

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(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT


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clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:


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(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.

This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.


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(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)


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(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

C.2 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: C.2.1 52.216-2 -- Economic Price Adjustment -- Standard Supplies (Jan 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for DLA Standard Fuel in dollars (see Attachment IV) is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor?

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting


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Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of Clause)

C.2.2 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 September 26, 2016 2016 through September 25, 2021.

(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)

C.2.3 52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 150 trailers, 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 500 Trailers to Any of the 10 Regions;

(2) Any order for a combination of items in excess of 1,000 Trailers to any of the 10 Regions; or

(3) A series of orders from the same ordering office within 7 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 _30__ 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


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source.

(End of Clause)

C.2.4 52.216-22 -- Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 25, 2021.

(End of Clause)

C.2.5 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 Six (6) Months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days.

(End of Clause)

C.2.6 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least forty-five (45) day 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)


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C.2.7 52.246-25 -- Limitation of Liability – Services (Feb 1997)

(a) Except as provided in paragraphs (b) and (c) below, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that --

(1) Occurs after Government acceptance of services performed under this contract; and

(2) Results from any defects or deficiencies in the services performed or materials furnished.

(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government’s acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor’s managerial personnel.

The term “Contractor’s managerial personnel,” as used in this clause, means the Contractor’s directors, officers, and any of the Contractor’s managers, superintendents, or equivalent representatives who have supervision or direction of --

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operations at any one plant, laboratory, or separate location at which the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor’s performance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

(End of Addendum)

C.3 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:


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_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).


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___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).


___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)


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___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514


___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

__ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).


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___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

_X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).


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___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.


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(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS APR 2014

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE JUL 2015

MAINTENANCE

52.204-19 INCORPORATION BY REFERENCE OF DEC 2014

REPRESENTATIONS AND CERTIFICATIONS

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW MAY 2011

INFORMATION

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING DEC 2007

PRODUCTS


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52.232-1 PAYMENTS APR 1984

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN 2016

52.245-1 GOVERNMENT PROPERTY APR 2012

(End of clause)

C.5 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems,

electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.).

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(End of clause)

C.6 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


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address:

Federal Emergency Management Agency Alternative Dispute Resolution Division

FEMA Office of Chief Counsel 400 Virginia Avenue, SW Washington, DC 20472-3400

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.

Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.

A. Definitions.

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

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

3. “Day” is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is Saturday, Sunday, or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.

B. Submission Guidelines. 1. Agency protests may be filed through the contracting officer or, at a level above the contracting officer, through

the ombudsman either by facsimile transmission or by “Certified Mail” (Return Receipt Requested) as follows: LaShawn Smith Contracting Officer

DHS/Federal Emergency Management Agency Office of Acquisition Management/OCPO/Incident Support Branch 500 C St. SW, 3rd Floor North, RM #3NE-1007 Washington DC 20472-3205

OR

David J. Orris Agency Protest Ombudsman Office of Chief Procurement Officer (OCPO) DHS/Federal Emergency Management Agency


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Building D, Room 123 16825 South Seton Avenue

Emmitsburg, MD 21727

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

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

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

a. The protester’s name, address, telephone number and fax number; b. The solicitation or contract number; c. A detailed statement of all factual and legal grounds for protests, to include an explanation of how the

protester was prejudiced; d. Copies of relevant documents; e. A request for ruling by the agency; f. A statement detailing the form of relief requested; g. All information establishing that the protester is an interested party for the purposes of filings a protest; and h. All information establishing the timeliness of the protest.

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

contracting officer or the ombudsman.

C. Timeliness/Resolution of Protests. 1. Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time

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

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

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

D. Appeals.

1. Protesters who filed protests through the contracting officer may, within five days of receipt of the contracting

officer’s written ruling, appeal to the ombudsman.


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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).

C.7 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP

2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] (a) Provisions. [X] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. (b) Clauses. [] 3052.204-71 Contractor Employee Access. [X] Alternate I [X] 3052.205-70 Advertisement, Publicizing Awards, and Releases. [] 3052.215-70 Key Personnel or Facilities. [X] 3052.228-70 Insurance.


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[X] 3052.242-72 Contracting Officer's Technical Representative. [X] 3052.247-72 F.o.B. Destination Only.

(End of Addendum)

HSFE70-16-R-0010 Section E

E-1

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment I Performance Work Statement Attachment II Quality Assurance Surveillance Plan Attachment III Past Performance Questionnaire Attachment IV DLA Petroleum Standards Attachment V Pricing Spreadsheet


E-2

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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


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(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.


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(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

https://assist.dla.mil/online/start/

http://quicksearch.dla.mil/

http://assistdocs.com/

https://assist.dla.mil/wizard/index.cfm

http://fedgov.dnb.com/webform


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(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

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

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

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

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

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

(End of clause)

E.1.1 Addendum to FAR 52.212-1 “INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS” Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions are incorporate into 52.212-1 as an addendum to this contract: E.1.2 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. "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).

https://www.acquisition.gov/


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"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)

E.1.3: FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates awarding up to four (4) Firm Fixed Price, Indefinite Quantity Contracts with Economic Price Adjustment for Standard Supplies resulting from this solicitation. 52.216-27 -- Single or Multiple Awards. Single or Multiple Awards (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision)


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E. 1.4: FAR 52.219-1 SMALL BUSINESS PROGRAM RESPRESENTATIONS (OCT 2014)

As prescribed in 19.309(a)(1), insert the following provision: 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 (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—


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(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 o is, o 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 o is, o 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 o is, o 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 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 o is, o is not a veteran-owned small business concern.


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(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 o is, o 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, 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)

E. 1.5: FAR 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: Hand-Carried Address: Department of Homeland Security/FEMA Acquisition Preparedness Branch ATTN: David Orris, Contracting Officer 16825 South Seton Avenue, Bldg D Emmitsburg MD 21727


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Mailing Address: Department of Homeland Security/FEMA Acquisition Preparedness Branch ATTN: David Orris, Contracting Officer 16825 South Seton Avenue, Bldg D Emmitsburg MD 21727 (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)

E.1.6 Instructions for Preparation of Proposals: General: The offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against the evaluation criteria. Also, this documentation shall cover all aspects of this solicitation. Proposals must clearly demonstrate how the offeror intends to accomplish the project and must include convincing rationale and substantiation of all claims. Failure to respond or follow the instructions regarding the organization and content of the Technical and the Business Proposals may result in the Offeror's proposal being removed from further consideration. Submission Address: Proposals submitted sent to: U.S. Department of Homeland Security FEMA/OCPO/Acquisitions Operations Division Incident Support Section Attn: LaShawn Smith; and Alfredia Allen 500 C Street, SW, 3rd Floor Suite 3 North East -2305 Washington, DC 20472-3205

Submittal Deadline:

Questions regarding this RFP are due on or before 3:00 PM EST, July XX, 2016. Questions regarding this RFP shall be submitted to each of the following email addresses: [email protected] and [email protected] with the subject line: “Solicitation Number HSFE70-16-R-00010 Questions.” Proposals are due no later than 2:00 PM EST, July XX 2016. Proposals shall be structured in the order above, with each section clearly labeled, every page of each volume shall be separately numbered. The Offeror’s shall submit one electronic version to [email protected] and [email protected] with the subject line: “Solicitation Number HSFE70-16-R-0010 Proposal Submission.”

Each proposal shall be legible, typewritten, Times New Roman, single space, 11 point type-size font, on 8 1/2, x 11 inch paper. Proposal are Not-to-Exceed 25 pages.

The proposal shall be accompanied by a cover letter (letter of transmittal) prepared on the company’s letterhead stationery.






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Cover Page. The cover page shall consist of the following:

➢ Table of Content ➢ Title of the proposal, ➢ Solicitation number, ➢ Company name and address, business size, company website (if applicable), ➢ Point(s) of contact for authorized negotiators (name, title, email address, phone, fax, etc.), Proposal category, ➢ Volume number and identification of copy or original proposal.

Formatting Requirements: A complete proposal shall consist of four (4) separate volumes as follows:

Volume Title/Category # of Hard Copies # of Original Page Limiation

Volume I Technical Approach and Understanding

4 1 10

Volume I Management Approach and Understanding

4 1 10

Volume II Past Performance 4 1 5

Volume III Price Proposal 4 1 No limitation

The information collected will not count toward page limitations. Additionally, the table of content shall contain sufficient

detail that will allow the important elements to be easily located.

Volume (I – II). The content of the Technical Proposal must not exceed 25 single spaced pages using font size 12. Each page is

one sheet, 8 ½” x 11”, with at least one inch margins on all sides using Times New Roman font. Pages shall be consecutively

numbered. Page numbers, notation of proprietary information, and any other identifying information printed on each page are

excluded from the margin requirements. Any fold out pages shall not exceed either 8 ½” x 22” or 17” x 11”, which when folded

in half will be no longer than 8 ½” x 11”. The foldout will count as two pages.

The technical proposal must not contain price information; the content of the Cost/Price proposal has no page limitation.

Page Limitations. The Government will not review content exceeding the 25 page limitations.

The content for Past Performance shall not exceed five (5) pages total inclusive of Past Performance Questionnaires.

All Past Performance Evaluation Questionnaires must be received from evaluators no later than the closing time and date of the

RFP to be considered in the Past Performance evaluation.

Volume III. The content of the Price proposal has no page limitation. Offerors must complete Attachment V. Price Schedule in

its entirety. Each worksheet in the excel spread sheet must be completed.

(End of Addendum)


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E.2 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award contract(s) resulting from this solicitation to the responsible Offeror(s) whose offers conforming to the solicitation will be most advantageous to the Government, technical and non-technical factors considered. The following factors shall be used to evaluate offers and are listed in descending order of importance:

Factor 1 TECHNICAL APPROACH AND UNDERSTANDING Factor 2 MANAGEMENT Approach and UNDERSTANDING Factor 3 PAST PERFORMANCE Factor 4 SMALL BUSINESS SUBCONTRACTING PLAN

Factor 5 PRICING The Technical Approach and Understanding and Management Approach and Understanding is significantly more important than Past Performance. The three (3) non-price factors; Technical Approach and Understanding, Management Approach and Understanding, and Past Performance when combined, are significantly more important than the price factor. The more equal the technical factors rating from each offeror are, the more important price becomes in selecting the best value to the Government. The Government reserves the right to make an award to an Offeror whose proposal provides the best value to the United States Government. The selection criterion for this award is Best Value, Trade-Off. A rating of Unsatisfactory in any of Factors 1 and 2 will render the entire proposal technically unacceptable and, therefore, not eligible for award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

E.2.1 GENERAL FEMA reserves the right to make multiple awards, taking proposal quality and contract administration costs into consideration. FEMA will award multiple contracts to ensure coverage for each location listed in the Performance Work Statement. This decision will be based on which offer or combination of offers provides best value to the Government. E.2.2 VOLUME I - EVALUATION FACTORS FOR AWARD FACTOR 1: TECHNICAL APPROACH AND UNDERSTANDING: The Government will evaluate Offers on the degree to which they demonstrate the knowledge, understanding, and technical capability to successfully perform the requirements within the PWS. More specifically, each offeror’s activation, sustainment, shuttle operations, deactivation and risk management plan will be assessed for incorporating high levels of technical appropriateness, soundness and reasonableness.

Addressing Risk. Government will evaluate Offers risk management plan. The risk management plan must identify any potential risks with the activation, sustainment, shuttle operations and deactivation, and how the approach will mitigate these risks. When illustrating a comprehensive understanding of the activation procedure, the offeror must identify their processes for finding, securing and initializing a cross dock facility which will support a nationally based disaster response operation within 72 hours of FEMA Task Order issuance.


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Offerors will be evaluated on how well they describe their methodology for securing cross docking facilities which are located within the established radius of the Incident Staging Base / Federal Staging Area and the way selection of the facilities ensures compliance with the physical requirements as outlined within the PWS. Offerors will be evaluated on how they identify potential risks or difficulties in leasing equipment and supplies and ways they

plan to mitigate and/overcome these risks. Addressing Equipment. Offeror’s must thoroughly demonstrate that their staffing is adequate and sufficiently trained to support the equipment needs of the cross docking facility and operation. For example, ensuring that staff are forklift certified, etc. The offeror’s technical approach shall address what material handling equipment (MHE) they will use and how that MHE will be attained and serviced across CONUS. Addressing Staffing. Offerors will be evaluated on how well they articulate how they will posture and staff the right number of personnel and support equipment in direct proportion to the size of the facility and within the operational timelines of the PWS. The technical approach must address how offerors will staff and posture two teams of shuttle drivers that can adequately support the size, scope and complexity of the disaster operation in accordance with the PWS. Positioning the right number of shuttle drivers at the right locations in the timelines specified in the PWS takes acute time phased planning in order to support trailers being relocated from the cross docking facility to the Incident Support Base (ISB)/Federal Staging Area (FSA) and from the ISB/FSA to the Points of Distribution (PODS). This time-phased plan to meet the trailer requirements within the activation timeline shall likewise address the measures used to ensure accountability, maintainability, and visibility of all trailers supporting the full disaster operation in accordance with the PWS. Addressing Sustainment. When it comes to addressing sustainment in their technical approach, offerors must demonstrate a strategy for sustaining cross docking facilities and operations (to include shuttle operations) for a minimum of 500 trailers “up to” a duration of 30 days. Offerors shall provide the necessary pictures, drawings and configuration specifications of equipment/facilities with regards to the flow of the operation, personnel work stations and methods for sustaining equipment and transportation resource inventories. Addressing sustainment also requires that offerors have set timelines and schedules for the repair and/or replacement of inoperable or damaged trailers, MHE and how supplementary personnel will augment these operations within 24 hours of notification. Addressing Deactivation. The government will evaluate offeror’s deactivation strategy on how well they demonstrate a viable plan for meeting the timelines in the PWS as well as show the flexibility and scalability needed for a rapidly changing cross docking operation and reduced shuttle services. Offeros must identify whether leasing or using organic resources, an offeror’s technical approach shall illustrate its supply chain network for: leasing/ purchasing of equipment; maintenance and replenishment of facilities; personnel; supplies; and support equipment. FACTOR 2: MANAGEMENT APPROACH AND UNDERSTANDING:

The Government will evaluate Offers on their ability to demonstrate their management approach and understanding to perform and support the requirements of the Performance Work Statement (PWS). Evaluation of an offeror’s management approach and understanding will in large part, look at how and by what means an offeror plans to accomplish all the work described in the PWS by the required timelines. An offeror must show a clear understanding of what it takes to successfully perform all the tasks under an awarded task order. This part of the evaluation will consider the adequacy of key management and the supervisory capacity of each functional discipline including functional responsibilities, applicable procedures and reporting requirements. FEMA will assess the offeror’s proposed management plan and procedures that will be utilized relative to the execution and scheduling of known, new, or emergent work requirements.


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Addressing lines of authority and communication. An Offeror’s proposal must illustrate a comprehensive management approach where the lines of communication, authority and responsibility are clearly understandable to FEMA. Management approaches must address how offerors will provide the right make-up of skills and competencies to include, but not limited to, Management Level Representation, Site Management, Drivers, Corporate Executives, as well as cross dock support staff and their functions necessary to support the requirements outlined in the PWS. Addressing Organizational Structure. Offerors will be evaluated on the effectiveness of their organization structure. The offeror’s proposed management approach must demonstrate a viable and effective organizational chart for accomplishing task orders; a chart which shows both strategic and operational lines of authority, responsibility, and communication for management, supervisory, and technical personnel at the varying locations in support of the overall cross docking effort. Management approaches shall indicate what job classifications will be accomplishing what work items. Personnel management information such as hiring strategy, terminations, discipline, incentive plans, etc. shall also be addressed. Addressing Key Personnel. Offerors shall include all key personnel experience and resumes. Each offeror must provide demonstrative Project Management Plans and Quality Control Plans that are succinct, streamlined, straight forward with readability and which clearly describe the responsibilities of key personnel. The leadership responsibilities of key personnel must be so indicated in such highly accountable efforts as: 1) project communication and coordination plans; 2) scheduling of all known, surge or emergent work requirements; 3) meetings; 4) deliverables; 5) selection of subcontractors; 6) the percentage of work that will be sub-contracted out and; 7) a plan for monitoring subcontractor work quality and schedule. Addressing Quality. Offerors will be evaluated on the effectiveness of their Quality Control Plan. Offeror’s must provide a robust Quality Control Plan that at a minimum, sets forth the procedures for self-inspecting quality of service, timeliness, responsiveness, customer satisfaction, and all other performance requirements associated with the activation, sustainment, shuttle services operation and de-activation of a cross docking. VOLUME II FACTOR 3: PAST PERFORMANCE Offeror’s shall demonstrate experience as represented by submitted projects conducted within five (5) years of the date of the solicitation. The Government will not consider nor evaluate past performance experience on an Offeror’s submission that concluded more than five (5) years prior to the date of this solicitation. For referencing projects/contracts/TOs that are actively being performed, performance must be a minimum of 50% complete as of the date of this solicitation. The submitted projects shall be of a nature similar to the efforts addressed under this solicitation in terms of size, scope, and technical complexity in accordance with the requirements outlined in the PWS. Offeror proposals must provide a description of any commercial and / or government experience relevant to the requirements in the PWS. This experience includes any effort that demonstrates an offeror’s ability to: operate nationally; support a surge requirement for an extended period of time; and the ability to provide the facilities, personnel, equipment, technology, drivers and trailers necessary for the cross docking concept. This section of the offeror’s proposal will be the Government’s evaluation of the Offeror’s relevant past performance. The following information shall be provided for each referenced contract (in addition to the past performance questionnaires):

1. Project Title

2. Description of the Project

3. Contract/Task Order Number

4. Contract/Task Order Amount

5. Government Agency/Organization


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6. References: Site Supervisor’s/COR’s name, address, telephone number and email address

7. References: Contracting Officer’s name, address, telephone number and email address

8. Current status, e.g. completed and/or in progress, start and estimated completion dates

9. A brief narrative of why your firm believes this reference is relevant to the solicitation.

10. Timeliness of performance and the final completion of the contract.

Past Performance Questionnaires (PPQ). Offeror shall submit at least five (5) PPQ (Attachment III) once completed by the references and shall be sent electronically directly from the organization completing the PPQ to the cognizant Contracting Officer and Contract Specialist. PPQs for subcontractors will not be evaluated. It is the Offeror’s responsibility to ensure that all PPQs are received from evaluators no later than the closing time and date of the RFP.

PPQs shall be for projects completed in the last five years or currently in progress. Contracts with the parent or an affiliate of the Offeror may not be used. Relevance. The government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to similar completed efforts; due consideration will be given to such factors as length of scope, number, complexity, and diversity of contracts. Relevance is defined as work similar in complexity and magnitude to the work identified in this solicitation. VOLUME III FACTOR 4: PRICE Government will evaluate the submitted pricing. Price will be evaluated to determine whether it is fair and reasonable and if it reflects the offeror’s understanding of the work. This factor will be evaluated utilizing price analysis techniques identifies in FAR 15.404-1. This analysis is done to ensure that a “fair and reasonable” price is paid by the Government. Additionally, the Government will evaluate offers for award purposes by adding the total of all CLIN prices, including all options, as part of the best value analysis. E.2.3 EVALUATION RATING The Government will use the following adjectives to evaluate Offerors’ Technical Proposals, other than past performance and small business subcontracting plan. The adjectives will be used in assessing the evaluation criteria (factors) set forth above.

Rating Description

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 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 two or more strengths that will benefit the 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 few than 2 or no strengths and risk of unsuccessful performance is moderate.


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Marginal

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. The risk of unsuccessful performance is high.

Unsatisfactory The proposal has many deficiencies and/or gross omissions. The Offeror does not meet many of the requirements of the solicitation. The Offeror has little or no working knowledge of how to meet the requirements specified. (When applying this adjective to a proposal as a whole, the proposal must be so unacceptable in one or more areas that it would have to be significantly revised in order to attempt to make it other than acceptable.)

Past Performance Ratings/Definitions: The Government will use the following to evaluate Offerors’ Past Performance.

RATING DESCRIPTION

Neutral 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 required effort and with no risk associated with the Offeror performing under this contract. Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires

Satisfactory Based on the offeror’s past performance record, it is likely that the offeror will successfully perform the required effort

Unsatisfactory Based on the offeror’s past performance record, it is not likely that the offeror will successfully perform the requirement.

E.3 The FAR Provisions outlined below are included under this Solicitation as an addendum:

3052.216-70 Evaluation of offers subject to an economic price adjustment clause (JUN 2006)

Offers shall be evaluated without adding an amount for an economic price adjustment. Offers may be rejected which: (1) increase the stipulated ceiling; (2) limit the downward adjustment; or (3) delete the economic price adjustment clause. If the offer stipulates a ceiling lower than that included in the solicitation, the lower ceiling will be incorporated into any resulting contract.

(End of provision)


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FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision)

Completed Schedule of Pricing: Each price proposal will be evaluated, but will not be assigned a rating.

The evaluation of the price proposals will include accuracy, completeness, and reasonableness. The Government will also evaluate the proposed unit prices and total price to determine if they are realistic to reflect the Offeror understands performance requirements.

Offeror’s are cautioned that “materially unbalanced” prices and/or unreasonably high or low prices may cause your proposal to be deemed unacceptable and rejected. Option prices will be included in the overall price evaluation. E.4 BASIS FOR AWARD The Government will evaluate offers for award purposes by adding the total price on the price schedules for completeness and accuracy. A determination will be made as to whether the Offerors have properly completed the price schedules. A determination will be made regarding whether the price appears unbalanced either for the total price.

Offerors are expected to establish a reasonable price relationship between all price elements in its proposal. Reasonableness determinations will be made by determining if competition exists, by comparing bid prices with established commercial or GSA price schedules, and/or by comparing bid prices with the Independent Government Cost Estimate (IGCE). E.7 HSAR 3052.209-79 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION UNDER ANY

FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.


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(c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days.

(End of Provision)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far 52.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2015

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS OCT 2015

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.217-5 EVALUATION OF OPTIONS JUL 1990

(End of Addendum to 52.252-1)

SUBCONTRACTING PLAN

Offeror(s) must submit a Subcontracting Plan with their proposal in accordance with FAR Subpart 19.704 and FEMA subcontracting goals. The subcontracting plan must include the goals set forth below for each socio-economic grouping

listed. The goals will be applied to the total value of each year of performance. Each subcontracting plan submitted will be reviewed to determine whether the offeror(s) has submitted an acceptable subcontracting plan. The plan must also identify the total anticipated contract award, total dollars and or percentage of the acquisition to be subcontracted to small business concerns and establish procedures to ensure timely payment of amounts due to small businesses. Category Subcontracting Goal All Small Businesses 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

Per the FAR Subpart 19.702, the Government will only review the subcontracting plan of the successful offeror(s) to determine if the plan is acceptable. Specifically, assessing the subcontracting plan to include the goals set forth for each socio-economic group and the percentage of the acquisition to be subcontracted to small business concerns, and establish procedures to ensure timely payment of amounts due to small businesses.

(End of Provision)

http://www.acquisition.gov/far


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E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (MAR 2015) The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (p) of this provision. (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 eligible under the WOSB Program. "Forced or indentured child labor" means all work or service-- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "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. "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "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 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;


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(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. "Sensitive technology"-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "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 size standards in this solicitation. "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 (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.


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"Subsidiary" means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "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 business concern" means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "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) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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 paragraphs . (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [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. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]


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The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [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 women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents 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)(6)(i) of this provision is accurate for each WOSB concern 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. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It [ ] is, [ ] is not an EDWOSB concern, 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)(7)(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. Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and


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(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246-- (1) Previous contracts and compliance. The offeror represents that-- (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Supplies." (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________


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[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary]


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(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________ [List as necessary] (3) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________


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______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements". (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply:


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(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products. Listed End Product Listed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or


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(2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that-- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) 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 Internal Revenue Service (IRS). (2) 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)).


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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. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] 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. (4) 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 _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.


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(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at [email protected]. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.) (1) 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 (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ________________________________________________________________ Immediate owner legal name: ________________________________________________________________


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(Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) 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) E.10 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS A. Preface Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for dispute resolution, Alternative Dispute Resolution (ADR). ADR in an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA's ADR services, please contact FEMA's ADR office at the following address: Federal Emergency Management Agency Office of Alternative Dispute Resolution Attention: Cindy Mazur 500 C Street, SW; Suite 840 Washington, DC 20472 If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an 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. B. Definitions. (1) "Agency protest," as used in this SOP, 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," as used in this SOP, is the agency official above the level of the Contracting Officer designated by the Director of the Acquisition Management Division to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the Ombudsman.


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(3) "Day," as used in this SOP, 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 a 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. C. Submission Guidelines. (1) Agency protests may be filed through the Contracting Officer or, at the level above the Contracting Officer, through the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows: a. Protests filed through the Contracting Officer or the Ombudsman must be mailed or faxed to: Department of Homeland Security/FEMA Incident Support Service Branch Attention: Lashawn Smith, Contracting Officer 500 C Street, SW, 3rd Floor Washington, DC 20472 -OR- David J. Orris Agency Protest Ombudsman Office of Chief Procurement Officer (OCPO) DHS/Federal Emergency Management Agency Building D, Room 123 16825 South Seton Avenue Emmitsburg, MD 21727 b. The outside of the envelope or beginning of the FAX transmission must be marked "Agency Protest". c. 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). (2) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 PM, current-local time. Any protests received after that time will be considered to be filed on the next day. (3) Protest submissions 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;


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g. all information establishing that the protester is an interested party for the purposes of filing a protest; and h. all information establishing the timeliness of the protest. (4) All protests must be signed by an authorized representative of the protester, and must be addressed to the Contracting Officer or the Ombudsman. D. 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 do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. (2) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (3) Protests filed through the Contracting Officer. a. Within twenty (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)". b. Appeals i. Protesters who filed protests through the Contracting Officer may, within five (5) days of receipt of the Contracting Officer's written ruling, appeal to the Ombudsman. ii. Requests for Appellate Review must be submitted to the Ombudsman by FAX transmission or by "Certified Mail" (Return Receipt Requested). iii. The Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within ten (10) days of receipt of the request for appellate review of the Contracting Officer's decision. iv. 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 ten (10) days of knowledge of initial adverse agency action. (4) Protests filed through the Ombudsman: a. 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 (Mail Receipt Requested)" within thirty-five (35) days after the protest was filed. b. Protests filed directly through the Ombudsman cannot be appealed within the agency. E. Dismissal of Protests.


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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 protest).

Attachment I – Performance Work Statement

Department of Homeland Security

Federal Emergency Management Agency

National Cross Docking Contract

Performance Work Statement (PWS)

June 7, 2016

ii

TABLE OF CONTENTS

1 BACKGROUND ................................................................................. Error! Bookmark not defined.

2 DESCRIPTION OF SERVICES ........................................................................................................... 1

3 ACTIVATION ....................................................................................................................................... 1

4 CROSS DOCK FACILITIES ............................................................................................................... 3

4.1 Location ........................................................................................................................................ 3

4.2 Physical Requirements ................................................................ Error! Bookmark not defined.

5 PERSONNEL AND EQUIPMENT....................................................................................................... 4

6 CROSS DOCKING OPERATIONS ..................................................................................................... 5

7 TRAILERS ............................................................................................................................................ 6

7.1 Size and Requirements .................................................................................................................. 6

7.2 Purchasing Trailers ....................................................................................................................... 7

8 TRANSPONDERS ................................................................................................................................. 7

9 SHUTTLE SERVICE AND DRIVERS ................................................................................................ 7

10 CROSS DOCKING DEACTIVATION ................................................................................................ 8

10.1 Cross Docking Facilities ............................................................................................................... 8

10.2 Trailers and Shuttle Drivers .......................................................................................................... 9

11 EXERCISES ......................................................................................................................................... 9

11.1 Table Top Discussion Based Exercixe ........................................................................................ 10

12 KEY PERFORMANCE PARAMETERS ........................................................................................... 10

13 TASK ORDER SCHEDULE OF DELIVERABLES .......................................................................... 12

14 ISB INSTALLATIONS ....................................................................................................................... 14

1

Federal Emergency Management Agency (FEMA) Headquarters National Cross Docking Concept Performance Work Statement (PWS)

1. Background

The transportation working group within the Logistics Management Directorate (LMD) found that cross docking operations would significantly reduce trailer detention costs during disaster activation, and would create mechanisms to better control leased resources. Instead of shipping directly to the Incident Staging Base (ISB)/ Federal Staging Area (FSA), non-DHS trailers will be cross docked to a fleet of trailers equipped with GPS-enabled In Transit Visibility (ITV) and managed by a single contractor with an issued task order. The Federal Emergency Management Agency (FEMA) Logistics Management Directorate senior leadership is requiring a national concept and operational capability, which would require all transportation requirements be vetted, coordinated, and managed at the national level in the Logistics Management Directorate/Transportation Movement Control Group (LMD/TMCG). The LMD/TMCG will be the primary provider of the cross docking operation and/or will supplement regional cross docking operational capabilities when needed. Cross Dock Concept

2. Description of Services

FEMA intends to award multiple contracts for this requirement and compete each subsequent task order to fulfill requirements that have been requested by the region and/or LMD Assistant Administrator. FEMA will only consider activating cross dock functions after FEMA’s Initial Response Resources (IRR) packages have been deployed. FEMA is seeking service providers who possess the ability to develop technical guidance from key FEMA personnel, a network of transportation and emergency cross dock/freight forwarding service operation centers throughout the Continental United States. As national emergency situations occur, the need for transportation and providing logistics services to the “affected area” are most critical. An efficient, reliable and highly flexible operation is needed to provide FEMA, as well as regional, state, and local governments, the life sustaining supplies needed to present relief to citizens in the affected area. The service providers must possess an adequately owned and/or directly leased controlled infrastructure, transportation resource fleet, personnel, material handling equipment (MHE), as well as information technology capability to efficiently transload, transport, manage, track, communicate and process various levels of supplies into the “affected area”.

3. Activation

FEMA will transition to a cross docking operation after a disaster response is already under way. FEMA’s disaster response operations with cross docking implementation will consist of three phases. Phase 1: Power Only Mission to deploy FEMA’s preloaded IRR packages; Phase 2: Power with Trailer Mission to deploy FEMA’s sustainment IRR loads; and Phase 3:

2

FEMA may consider transitioning to a national cross docking operation, when the disaster response is projected to require more than 500 commercial trailers, over and above FEMA’s preloaded IRR and sustainment IRR trailers. Therefore, it would only be under Phase 3 that task orders for this requirement would be issued. The Assistant Administrator, in consultation with the Regional Administrator, may direct FEMA LMD/TMCG to activate the cross docking concept for disasters projected to require 500 or more commercial trailers as necessary. Based on the distance from the affected area, geographical constraints, infrastructure outages, along with guidance received from key FEMA senior leadership, the activation process is as follows:

A. FEMA Contracting Officer (CO) and the FEMA Contracting Officer Representative (COR) will notify selected contract awardees when disaster operations are underway. Awardees are not required to begin preparing for a cross docking operation until the task order is issued; however, FEMA will provide awardees with situational awareness However, the FEMA CO and the FEMA COR, will notify the contract awardees of a potential cross docking operation. The FEMA CO will notify the selected awardees of a potential cross docking operation. Task order(s) will include FEMA’s ISB/FSA location(s), estimated minimum number of trailers required, and the anticipated duration of the cross docking operation.

B. Contractor Awardees will have six hours to respond to the task order Request For Proposal (RFP) with their proposal response. The response must include the exact location of the cross docking facility, the activation timeline to stand up the cross docking facility, the specific daily rates for the facility(s), operational processes for managing the facility, trailers, contractor personnel, trailer retrograde process, and shuttle missions. The specific requirements for each component of the cross docking concept will be discussed in later sections.

C. FEMA will select a contractor to support cross docking operations within two hours of the response deadline.

D. The awardee(s) will have 12 hours to initialize cross docking operations after being awarded a task order. Initializing cross docking operations means establishing the facility or facilities where the cross docking operations will be accomplished, personnel, MHE, trailers, and shuttle drivers all positioned to operate at 25 percent (for example a requirement of 500 trailers means the awardee(s) shall have the capacity or the ability to support 125 trailers) by hour 12.

E. The awardee will have a total of 72 hours to reach full operational capacity (i.e. must have a minimum of 500 trailers on site available for trans-loading of commodities and/or assets.) after being awarded a task order. Full operational capacity means having the facility or facilities where the cross docking operations will be accomplished, personnel, MHE, trailers, and shuttle drivers positioned to operate at 100 percent capacity by hour 72.

F. FEMA may cancel the cross docking requirement after requesting proposals, and prior to selecting a contractor for the task order.

G. FEMA CO and/or the FEMA COR may adjust the timeline following a task order award, as dictated by the specific disaster, including when the disaster occurs in a remote area, i.e. FEMA could increase the original timeline of 72 hours.

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4. Cross Docking Facility

4.1 Location

The cross docking facility must be located within a 50 mile radius of the supported FEMA ISB/FSA. If the disaster occurs in a remote area, FEMA CO may modify the task order to expand the acceptable distance/area for a cross docking facility. FEMA CO reserves the right to direct the awardee to a government site to execute cross docking based on FEMA’s organizational mission needs. In such cases, the awardee(s) will not be able to charge FEMA for any associated cross docking facility(s) cost.

4.2 Physical Requirements

The cross docking facility shall have the capability to support FEMA’s requirements, which begins when FEMA projects the need for 500 or more commercial trailers during Phase 3 of FEMA’s disaster response effort. Specific Cross-Dock Facility requirements are as follows: Functioning and reliable electrical power and water supply Fluid and accessible ingress and egress for trucks and equipment to maneuver. A minimum of 10 inbound dock doors and 10 outbound dock doors with a distribution

center ergonomically designed and applicable for cross docking; and/or able to facilitate an operational tempo for transloading at least 7-10 trailers per hour.

Viable yard space for staging up to 125 inbound trailers at one time to be cross docked as well as staging 125 of contractor provided empty trailers prior to activating the cross dock operation; and/or while trailers are waiting to be trans-loaded.

Available space for 500 trailers at hour 72 or full operational capacity is required with enough room for maneuverability.

Viable operating room to substantiate fluid ingress and egress for up to 250 incoming / outgoing truck traffic at any given time during the operation.

24 availability of office space/area for at least 10 FEMA operational personnel to utilize at the cross dock facility during cross docking operation.

Contractor shall provide a yard dumpster. Minimum size 8' W X 13' L X 3' 6" H 10 cubic yards

Bathroom facilities (Port-a-potty minimum) capable of servicing at least 10 FEMA operational personnel, plus contractors, and drivers per shift.

Telephones service and internet access capability within 24 hours’ notice of the task order award for at least 10 FEMA operational personnel to utilize at the cross dock facility during cross docking operation. The awardee is fully responsible for the cost and implementation of these services.

Security Facility shall be fenced and/or controlled access to keep unauthorized personnel out of the cross docking operational facility; and to provide complete control over access to the operation. Entrance and exit gates will be under the operational control of the awardee Site Manager. The awardee is fully responsible for the cost and implementation of these services.

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Awardee shall provide 24 hour security and surveillance for the site; pursuant to the FEMA’s COR approval. Awardee will provide, at a minimum, one security officer. Awardee will be responsible for gate entry and exit as well as interior and exterior security.

Flexibility – Awardee must be able to adapt to a constantly changing environment and demands. However, any changes to the task order must be approved by the Contracting Officer (CO) prior to execution.

Awardee must maintain 24 hour operational capability. Awardee must possess ability to scale cross dock operations and shuttle fleet missions up

or down, to meet FEMA’s operational tempo within 12 hours as directed by FEMA COR and approved by FEMA CO.

5. Personnel and Equipment

Contract awardee staffing levels and MHE densities are at the discretion of the task order awardee however, staffing and MHE levels must be sufficient to meet FEMA mission requirements. FEMA will be monitoring performance and will require the awardee to provide additional personnel and/or MHE if not meeting FEMA requirements. Key Performance Parameters (KPP) will be defined in FEMA’s Quality Assurance Surveillance Plan (QASP) to monitor and measure the quality of the awardees’ performance. The cross docking operation will operate 24/7 and cannot pause to replace inoperable equipment or account for a shortage of personnel. The awardee must be in compliance with all federal, state and local laws and regulations to include being OSHA compliant.

A. Management Level Representation shall: Be on site with complete decision making authority. Be experienced and seasoned and empowered to supervise its cross docking team. Manage and control the cross dock facility operations in concert with the FEMA

Manager / FEMA COR on site. Ensure appropriate level of staffing for managing the cross dock operation itself,

yard control, staff and supervising shuttle operations. Have complete authority for all routine operational decisions as it relates to the

cross docking operational functions. Be the FEMA COR’s primary point of contact.

B. Experienced Site Manager must:

Anticipate customer’s needs and works with FEMA COR and technical personnel to achieve FEMA mission tactical, operational and strategic goals.

Have a demonstrated ability to lead his/her team and partners. Understand how FEMA operates its disaster response and recovery missions and

that FEMA’s mission goals can change for a variety of reasons. Must demonstrate being adaptable to those changes to support the overall FEMA objective.

Possess excellent written and oral communication skills and maintain an effective working relationship with FEMA COR and technical personnel on site.

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Be synonymous to the management level representative position. The awardee must have at least 10 years of logistical, transportation, cross docking, professional and managerial experience in addition to all of the Management Level Representative competencies.

6. Cross Docking Operations

The goal of the cross docking concept is to quickly transfer those full loads from commercially leased trailers to trailers governed by this contract and move them to the ISB/FSA for staging and/or unloading and/or onward movement to a FEMA point of distribution (POD) for staging. Shuttle mission operations under this contract will facilitate the movement of trailers from the cross dock facility to the ISB and from the ISB to the POD as well as removal of empty demobilized trailers.

Performance requirements for cross docking operations operational tempo are as follows:

A. Once a commercially leased trailer arrives at the cross docking facility, it must be

physically cross docked within 1 hour and the cross dock contractor trailer must depart for the ISB/FSA within 1.5 hours (from initial arrival). Cross docked is defined as, all commodities must be transloaded from the commercial leased trailer to the contractor’s trailer.

FEMA COR located at the cross docking facility and ISB/FSA will prioritize

trailer departures based on the loaded commodity and provide that information to contractor site manager and/or management level representative.

B. All trailers that arrive at and departing from the cross docking facility and ISB/FSA

must be properly accounted for in FEMA’s Logistics Supply Chain Management System (LSCMS). Contractors will work in concert with FEMA personnel to ensure this performance metric is sufficiently achieved. FEMA personnel will notify the contractor’s site manager when trailers have been properly accounted for and can be moved to the next location.

C. The data transfer of information will consist of the following:

Receiving Sequence Number (order unit arrived at the cross dock entrance gate) Date and time received Name and phone number of driver Tractor number Trailer number (Nose number, not tail number) Transponder ESN Trailer Seal number Commodity type BOL number and BOL/trailer commodity quantity Dock Door assigned

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Outbound trailer number Outbound trailer Dock Door number Outbound Transponder ESN Outbound Trailer Seal number Commodity verification Cross docked by: (name) Cross dock date and time Destination

The above information needs to be collected appropriately, and transmitted electronically to FEMA COR and FEMA LSCMS subject matter expert. Excel format is strongly recommended. Other formats may be acceptable with prior FEMA approval.

D. The task order awardee is responsible for any damage to commodities from the time of initial offload of the commercial trailers at the cross docking facility onto the awardee trailers; until commodities are delivered to ISB/FSA/PODs. Prior to unloading of any trailers arriving at the cross docking site, the awardee must conduct a visual inspection of commodities, and if commodities are damaged, the contractor must notify the designated FEMA COR who will then fill out a damaged commodities report. The FEMA COR will begin a subsequent investigation, determining which party is at fault for damages.

E. Once commodities have been trans-loaded onto the contractor’s trailers, the contractor

must conduct another visual inspection and fill out an accountability certificate verifying that the number of pallets matches the quantity of commodities on the ASN/ Property Transfer Record (PTR) and that there is no damage to the outbound commodities or trailers.

7. Trailers

The cross docking concept will require a large number (500 or more) of empty trailers to be positioned at the cross docking facility. After receiving their cross docked shipments of commodities, these trailers will be forwarded to the ISB/FSA/POD. Empty trailers should be available after offloading at PODs (after being shipped and held at the ISB/FSA), but the task order contractor should not expect trailers to return to the cross docking facility at regular or predictable intervals. 7.1. Size and Physical Requirements Trailers provided for cross docking operations must be 53’Ft. Closed van trailers and in good working condition (for example but not limited to: all required inspections up-to-date, no holes in the trailer, functioning drive systems, and well-maintained tires). FEMA will perform spot checks to ensure trailers are in an acceptable condition. FEMA may request special categories of trailers including flatbeds, step-decks, refrigerated trailers, and drop-decks, as required and will provide notification of the requirements as soon as possible.

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FEMA anticipates special category trailer quantities to be no more than 10% of the total full operational capacity FOC amount of trailers required. Upon notification of special category trailers, awardee(s) will ensure that the proper load blocking and bracing equipment is ready and available with each special category trailer. Those trailers supporting FEMA’s power missions for generators and special category commodities will be deployed directly from a FEMA Distribution Center to the established ISB/FSA/POD. When notified of FEMA’s power missions and special category loads, the contractor will dispatch a suitable power unit and special category trailer directly to the specified distribution center for loading and transporting those commodities directly to ISB/FSA/POD. 7.2 Purchasing Trailers “The task order awardee(s) are exclusively responsible for the movement, management, tracking and accountability of all resources associated with an issued task order, to include any and all trailers requested under the task order. If trailers are relocated by FEMA, without the consent and acknowledgement of the contract awardee, FEMA is responsible for the accountability of any said trailer. If any trailer, governed under the requirements of the task order, is moved by FEMA and is lost, stolen or damaged, FEMA has the right to purchase said trailer, at fair market value.” The awardee must provide FEMA a complete list of un-returned trailers within 10 calendar days after cross docking operations have been demobilized. 8. Transponders All trailers used in the cross docking concept will have FEMA GPS-enabled ITV transponders attached before leaving the cross docking facility. FEMA personnel will provide and install the transponders at the cross docking facility. The task order contractor, in concert with FEMA LSCMS SME, will be responsible for, and work together to ensure that all trailers departing the cross docking facility have transponders attached and retain their GPS-enabled ITV as they move forward to their final destinations. 9. Shuttle Service and Drivers

A. The cross docking operation will require two sets of shuttle drivers. One set of shuttle drivers will transport trailers between the cross dock facility and the ISB/FSA. The second set of shuttle drivers will transport trailers between the ISB/FSA and the state points of distribution, (POD). The task order contractor will determine the exact number of shuttle drivers per group; however the contractor must be able to meet FEMA operational tempo requirements. FEMA will reserve the right to increase and/or decrease the shuttle service missions based on FEMA’s mission requirements; therefore this aspect of the operation must maintain scalability. The concept of the operation will be as follows: The first group of shuttle drivers will move contractor trailers from the cross docking facility to the ISB/FSA and return with empty contractor trailers as they become available. The second group (optional-dependent upon requirements) of drivers will move FEMA and contractor trailers from the ISB/FSA to a POD and return empty contractor trailers to cross dock location and/or demobilize those trailers. Shuttle drivers

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will be responsible for moving empty FEMA trailers from the POD’s back to the ISB / FSA. FEMA will provide priority of the commodities and trailers moving between all locations to the contractor representative at the cross docking facility and ISB/FSA for dispatching purposes.

B. Driver Requirements for Cross Docking operations are as follows: Valid Driver’s License. Clean driving record Pass a criminal back ground check. U.S. citizen. FEMA recommends that the task order contractor appoint drivers with

sleeper cabs due to no accommodations for lodging at cross dock site or ISB.

Lodging, meals, rest, driving logs and all other related care services are the responsibility of the contractor for all contractor employees and personnel. FEMA is not responsible for any of the aforementioned care services of any contract employee or their support staff.

Must maintain active driver logs and follow all local, tribal, state and federal Department of Transportation (DOT) and Department of Motor Vehicle rules and regulations.

1. Contractors are fully responsible for any damage to any FEMA owned or FEMA leased trailers under the control of the awardee.

2. FEMA also possesses the right to contract with other selected carriers to obtain

retrograde line haul services for FEMA owned or FEMA leased trailers located at the cross dock facility, ISB/FSA/ POD for retrograde missions.

3. Fuel and Repairs

The selected awardee will be responsible for maintaining all power units and equipment associated with the shuttle services including providing fuel and maintenance.

10. Cross Docking Deactivation 10.1 Cross Docking Facility FEMA reserves the right to deactivate cross docking operations at any time as the disaster shifts from response to recovery and where fewer trailers are required. The FEMA Contracting Officer and/or FEMA COR will notify the task order contractor as soon as FEMA leadership determines cross docking is no longer required. FEMA will provide a deactivation date and the contractor will have 48 hours from that date to retrieve all its owned or leased trailers still at the cross docking facility and/or the FSA/ISB/POD, as well as demobilizing all its MHE and personnel. The task order contractor is responsible for relocating its own personnel and resources associated with the cross docking operation.

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10.2 Trailers and Shuttle Drivers After the cross docking site has been deactivated, a limited number of contractor trailers and shuttle drivers will likely still be needed and be involved in the disaster recovery phase; FEMA will determine the exact number of each. Any contractor trailers loaded with retrograde commodities located at the cross docking site and ISB/FSA/POD must be returned to FEMA distribution centers, FEMA designated donation sites, and/or FEMA partner distribution centers. FEMA Transportation Management Branch personnel will prepare government Bill of Ladings (BOLs) to reflect line haul charges from origin to destination in line with, but not to exceed GSA’s General Standard Tenders of Service rates (STOS), directing each trailer to a specific distribution center with a specific Required Delivery Date (RDD). The retrograde line haul charge threshold amounts will be obtained through the GSA TransPort Integrator (TPI) database. Subsequently, the contractor should have GSA’s STOS rates on file. Discounted spot bid line haul rates are encouraged. FEMA will work with the contractor to ensure retrograde delivery priorities and RDDs are reasonable, but that the contractor will still held to FEMA Transportation Management Branch’s performance metric standards for not meeting expected RDD’s. 11. Exercises FEMA will use the guiding principles of the Homeland Security Exercise and Evaluation Program (HSEEP) which provides a set of guiding principles for exercise programs, as well as a common approach to exercise program management, design and development, conduct, evaluation, and improvement planning. HSEEP exercise and evaluation doctrine is flexible, adaptable, and is for use by stakeholders across the whole community and is applicable for exercises across all mission areas – prevention, protection, mitigation, response, and recovery. The HSEEP is provided in the following link: http://www.fema.gov/media-library-data/20130726-1914-25045-8890/hseep_apr13_.pdf The exercises of consideration for evaluating this cross dock concept will consists of discussion-based exercises such as seminars, tabletop exercises and workshops that will enable both FEMA and the contract awardee(s) to better prepare and train for the implementation of the concept. FEMA will conduct a one-time discussion based exercise during the post award orientation, i.e. kick-off meeting. This exercise that will be utilized primarily for testing and evaluating the cross docking concept. The kick-off meeting introduces the members of the FEMA Cross Docking Team, FEMA Contracting Officer and the contract awardee(s) and provides the opportunity to discuss the role of each team member. Other base elements in the project that involve the awardee may also be discussed at this meeting (schedule, status reporting, etc.).

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The basic format of a kickoff meeting includes reviewing the roles of, and expectations from, FEMA Stakeholders involved in the cross docking concept. It also mentions the risks and issues involved, particularly those that may affect project quality standards, pricing, schedules, reporting, etc.… and any impediment that could possibly lead to decreased customer satisfaction. This is the point of which any ambiguity pertaining to the cross docking contract and/or operational processes from FEMA stakeholders is explicitly mentioned and discussion with the awardee(s). 11.1 Table Top Discussion Based Exercise Contract awardees shall be required to conduct a one-time full scope table top discussion based exercise / evaluation at FEMA’s expense. This exercise shall consist of discussions and scenarios surrounding the Indefinite Delivery, Indefinite Quantity Contract (IDIQ) number of trailers, notional cross dock facility, notional MHE densities, shuttle missions as well as number of awardee support personnel to operate the cross docking operational functions. FEMA will conduct this exercise at either the Frederick, MD, Cumberland, MD distribution center or at the FEMA Headquarters component in Washington, D.C. FEMA will fully fund the actual costs of the exercise however any associated expenses for conducting the exercise accrued by the contractor’s participants will not exceed the aggregated maximum cost set aside and designated for the kick off meeting. This cost will be a part of the Contract Line Item Number Structure guaranteed minimum. 12. Key Performance Parameters The contractor performance will be evaluated against the Key Performance Parameters (KPP) contained in section 12 of the PWS and in the Quality Assurance Surveillance Plan (QASP). Activation: Key Performance Parameters

Performance Objective

PWS Para. Performance Standard

Acceptable Quality Level

Respond to Task Order RFP

3 Respond with proposal within 6 hours

Complete Compliance with requirement

Initialize cross dock operations

3 Within 12 hours of task order award


Reach full operational capacity



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Physical Requirements: Key Performance Parameters




Cross docking facility supports

4.2 PWS 4.2 Complete Compliance with requirement

Personnel and Equipment: Key Performance Parameters




Management Level Representation

5 5. (A) Complete Compliance with requirement

Site Manager Representation

5 5 (B) Complete Compliance with requirement

MHE Densities 5 5 Complete Compliance with requirement

Cross Docking Operations: Key Performance Parameters




Trailer Accountability 6 6 Complete Compliance with requirement

Cross Docking Operational Temp

6 6 Complete Compliance with requirement

Data Collection and Transfer


Trailers: Key Performance Parameters




Trailer Quantities 7 7 Complete Compliance with requirement

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Trailer Specifications 7 7 Complete Compliance with requirement

Special Category Trailers


Shuttle Service and Drivers: Key Performance Parameters




Appropriate Number of Shuttle drivers

9 9 (A) Complete Compliance with requirement

Shuttle Services Operational Tempo


Driver Requirements for Shuttle Operations


Cross Docking Deactivation: Key Performance Parameters




Demobilization Cross Docking Operation


GSA STOS Filed Rates


Appropriate Number of Shuttle Services to Support FEMA Recovery Phase


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13. Task Order Schedule of Deliverables

ITEM DUE Cross-Dock Contractor Employee Roster Within 12 hours after cross dock execution

and thereafter upon request, an updated roster of all active employees, to include drivers, shall be updated when employees are hired, resign, or terminated.

Quality Control Plan (QCP)

The Contractor shall update its original Quality Control Plan as necessary to ensure that all tasks are completed in accordance with the contract, the Performance Work Statement and the individual task order requirements. The QCP is the contractor’s strategy for meeting FEMA’s Quality Assurance Surveillance Plan (QASP).

Inventory of Property & Equipment

The contractor shall provide FEMA with a complete list of contractor provided property and equipment for utilization during cross dock activation within one calendar day after inception of cross dock execution.

Transportation Daily Operations Report The contractor shall provide FEMA with a status/progress report (twice daily) at regularly scheduled intervals established by FEMA. These daily operations reports shall consist of receiving Sequence Number (order unit arrived at the cross dock entrance gate), date and time received, tractor number, trailer number (Nose number, not tail number), transponder ESN, trailer Seal number, commodity type, BOL number and BOL/trailer commodity quantity, dock, door assigned, outbound trailer number, outbound trailer dock door number, outbound Transponder ESN, outbound trailer seal number, commodity verification check, cross docked by: name, cross dock date and time.

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14. ISB Installations

Region 1 Installation State Pease ANGB NH Fort Devens, MA MA Hanscom AFB MA Westover ARB MA Region 2 Installation State Fort Drum NY Stewart ANGB NY Hancock Field NY JB-McGuire-Dix-Lakehurst NJ Region 3 Installation State Pittsburgh International Airport (911th Air Wing)

PA

Fort Indiantown Gap (limited capability) PA Dover AFB DE New Castle County Airport DE Fort Meade MD Fort Lee VA JB Langley-Eustis VA Fort A.P. Hill VA Richmond FedEx VA JB Anacostia-Bolling DC Joint Base West Virginia (Yeager Airport) WV Region 4 Installation State Fort Campbell KY Arnold AFB TN JB Bragg-Pope NC JB Charleston SC Fort Gordon GA Fort Stewart GA Maxwell AFB AL MCLB Albany GA Columbus AFB MS

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NAS Meridian MS Homestead ARB FL NAS Jacksonville FL Region 5 Installation State Wright-Patterson AFB OH FedEx Freight West Jefferson OH Grissom ARB (limited capability) IN FedEx Freight Indianapolis IN Scott AFB IL Mid-America Airport IL Effingham FedEx Facility IL Lincoln FedEx Facility IL FedEx East Moline (Main) IL Battle Creek ANGB MI Selfridge ANGB MI Fort McCoy WI FedEx Freight Mauston WI Region 6 Installation State Camp Beauregard LA JRB Belle Chasse LA Cannon AFB NM JB San Antonio TX Randolph Aux Airfield TX NAS JRB Fort Worth TX Tinker AFB OK McAlester Ammo Plant OK Altus AFB OK Oklahoma City FedEx OK Davis Field OK Region 7 Installation State Camp Dodge IA Des Moines FedEx IA Fort Leonard Wood MO Springfield FedEx MO FedEx Freight Saint Charles MO Lincoln Airport NE Fort Riley KS Forbes Field KS Edwardsville FedEx Freight KS

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Region 8 Installation State Grand Forks AFB ND Minot AFB ND Ellsworth AFB SD Malmstrom AFB MT F.E. Warren AFB WY Camp Guernsey WY Fort Carson CO Peterson AFB CO Buckley AFB CO Hill AFB UT Dugway Proving Ground UT Tooele Army Depot UT Region 9 Installation State Luke AFB AZ Davis-Monthan AFB AZ NAS Fallon NV Nellis AFB NV Travis AFB CA Beale AFB CA NAS Lemoore CA Edwards AFB CA NB Ventura County CA NB Coronado CA NB San Diego CA Region 10 Installation State Mountain Home AFB ID Pocatello Airport ID JB Lewis-McChord WA Fairchild AFB WA Paine Field WA Grant County Intl Airport WA Portland ANGB (Portland Intl Airport) OR Redmond Airport OR Madras Airport OR Salem FedEx OR Eugene FedEx OR Medford FedEx OR

Attachment II - QASP

Department of Homeland Security

Federal Emergency Management Agency

National Cross Docking Contract

Quality Assurance Surveillance Plan(QASP)

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QUALITY ASSURANCE SURVEILLANCE PLAN Version – June 2016

1. Background: a. For: National Cross Docking Contract b. Contract Number: TBD c. Contract Description: FEMA is seeking service providers who possess the ability to develop technical guidance from key FEMA personnel, a network of transportation and emergency cross dock/freight forwarding service operation centers throughout the Continental United States. As national emergency situations occur, the need for transportation and providing logistics services to the “affected area” are most critical. An efficient, reliable and highly flexible operation is needed to provide FEMA, as well as regional, state, and local governments, the life sustaining supplies needed to present relief to citizens in the affected area. The service providers must possess an adequately owned and/or directly leased controlled infrastructure, transportation resource fleet, personnel, material handling equipment (MHE), as well as information technology capability to efficiently transload, transport, manage, track, communicate and process various levels of supplies into the “affected area”. The National Cross Docking QASP will be applied for ensuring quality standards and performance for the National Cross Docking Contracts. Monitoring and reporting will be from the inception of the task order issuance until the demobilization of the cross docking requirement and subsequent dismissal of the shuttle services requirement. This quality assurance surveillance plan (QASP) is pursuant to the requirements listed in the performance work statement (PWS) entitled National Cross Docking Concept. This plan sets forth the procedures and guidelines Logistics Management Directorate (LMD)/ Distribution Management Directorate (DMD)/ Transportation Management Branch (TMB) will use in ensuring the required performance standards or services levels are achieved by the contractor.

2. Purpose of the QASP: This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored How monitoring will take place Who will conduct the monitoring How monitoring efforts and results will be documented

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the

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QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities. The following FAR clauses may apply depending on contract type: 52.246-4 Inspection of Services – Fixed-Price, or 52.246-5 Inspection of Services – Cost-Reimbursement 3. Performance Management Approach Performance management rests on developing a capability to review and analyze information generated through performance assessment. The ability to make decisions based on the analysis of performance data is the cornerstone of performance management; this analysis yields information that indicates whether expected outcomes for the project are being achieved by the contractor.

Performance management represents a significant shift from the more traditional quality assurance (QA) concepts in several ways. Performance management focuses on assessing whether outcomes are being achieved and to what extent. This approach migrates away from scrutiny of compliance with the processes and practices used to achieve the outcome. A performance-based approach enables the contractor to play a large role in how the work is performed, as long as the proposed processes are within the stated constraints. The only exceptions to process reviews are those required by law (federal, state, and local) and compelling business situations, such as safety and health. A “results” focus provides the contractor flexibility to continuously improve and innovate over the course of the contract as long as the critical outcomes expected are being achieved and/or the desired performance levels are being met.

4. Performance Management Strategy The contractor is responsible for the quality of all work performed. The contractor measures that quality through the contractor’s own quality control (QC) program. QC is work output, not workers, and therefore includes all work performed under this contract regardless of whether the work is performed by contractor employees or by subcontractors. The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. The contractor will develop and implement a performance management system with processes to assess and report its performance to the designated government representative. This QASP enables the government to take advantage of the contractor’s QC program.

The government representative(s) will monitor performance and review performance reports furnished by the contractor to determine how the contractor is performing against communicated performance objectives. The government will make determination regarding incentives based on performance measurement metric data and notify the contractor of those decisions. The contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively. 5. Government Roles and Responsibilities. The following personnel shall oversee and coordinate surveillance activities. A.. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United

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States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance. Assigned CO: LaShawn Smith Organization or Agency: The Federal Emergency Management Agency (FEMA) Telephone: 202-646-4306 Email: [email protected] B. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the CO, the COR shall provide documentation to the CO. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the CO for action. Primary COR: Williford Thomas Email: [email protected] C. Other Key Government Personnel – Alternate COR: TBD Email: TBD 6. CONTRACTOR REPRESENTATIVES: The following employees of the contractor serve as the contractor’s representatives for the QASP and the contract. Program Manager - TBD Telephone: TBD Email: TBD Alternate contractor point of contact for QASP and contract. Title: TBD Telephone: TBD Email: TBD * Contractor points of contact shall be empowered and have the contractual authority to provide input regarding the QASP. 7. PERFORMANCE STANDARDS. Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The Key Performance Parameters are listed in the Performance Work Statement. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

8. INCENTIVES.

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The Government shall use NON-MONETARY measures as incentives. Incentives shall be based on exceeding, meeting, or not meeting performance standards.

A. Positive Incentives: Annual CPARS B. Negative Incentives: Annual CPARS, Since this is FFP, contract the payment will be made upon Inspection and Acceptance, and the complete compliance with the “Key Performance Parameters/Standards.”

9. PRIMARY METHODS OF QUALITY ASSURANCE SURVEILLANCE TO BE USED

A. Surveillance Techniques

In an effort to minimize the performance management burden, simplified surveillance methods shall be used by the government to evaluate contractor performance when appropriate. The primary methods of surveillance that will be used are: a.1 Random Sampling, which shall be performed by the COR upon the issuance of a task order. RANDOM SAMPLING. (Description - Designed to evaluate the outputs of the award requirement by randomly selecting and inspecting a statistically significant sample. Highly recommended for large quantity repetitive activities with objective and measurable quality attributes.) a.2 100% Inspection –The COR, shall inspect and evaluate performance each time a task is performed. 100% INSPECTION. (Description - Evaluates all outputs. Most applicable to small quantity, but highly important services. May be used where there are written deliverables and stringent requirements such as tasks required by law, safety, or security.) Inspection items include, but are not limited to, the following:

Reports

Work Orders or Task Orders

Property Transfer Reports (PTR)

Actual receipt of repairs

Call Logs

Contractor Maintenance/Deactivation logs and/or phone

a.3 Customer Feedback/Complaints

VALIDATED USER/CUSTOMER COMPLAINTS. (Description - Relies on the user of the service to identify deficiencies. Complaints are then investigated and validated. Highly applicable to services provided in quantity and where quality is highly subjective.) The contractor is expected to establish and maintain professional communication between its employees and customers. The primary objective of this communication is customer satisfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints. Performance management drives the contractor to be customer focused through initially and internally addressing customer complaints and investigating the issues and/or problems but the customer always has the option to communicate complaints to the CO, as opposed to the contractor.

5

Customer complaints, to be considered valid, must set forth clearly and in writing, the detailed nature of the complaint, which must be signed, and forwarded to the CO/COR. The COR/COR will accept those customer complaints and investigate using the Quality Assurance Monitoring Form – Customer Complaint Investigation, identified in Appendix B. Various methods exist to monitor performance. Regardless of the surveillance method, the COR shall always contact the contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, if needed, shall be responsible for monitoring the contractor’s performance in meeting a specific performance standard/AQL. Surveillance results may be used as the basis for actions (to include payment deductions) against the contractor. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO’s actions.

10. ACCEPTABLE/UNACCEPTABLE LEVELS OF SERVICE

A. ACCEPTABLE PERFORMANCE. The minimum Acceptable Quality Level (AQL) for contractor performance (included in the Key Performance Parameters Table in Appendix A) is structured to allow the contractor to manage how the work is performed and will be subject to negative performance evaluation for performance shortfalls. For certain critical activities such as those involving obtaining a cross docking facility and acquiring the Fully Operational Capacity (FOC) levels of resources, the desired performance level is established at 100 percent. Other levels of performance are keyed to the relative importance of the task to the overall mission performance at FEMA. B. UNACCEPTABLE PERFORMANCE. When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) found in Appendix C, and present it to the contractor's program manager or on-site representative. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other contractual actions deemed necessary by the CO.

11. ANALYSIS OF QUALITY ASSURANCE ASSESSMENT

A. Determining Performance

The Government shall use the monitoring methods cited to determine whether the performance objectives/service levels have been met. If the contractor has not met the minimum requirements, the contractor will be asked to develop a corrective action plan to show how and by what date it intends to bring performance up to the required levels. Additionally, failure to meet the performance objectives/service levels will result in the contractor’s dismissal from the task order award process. B. Ratings

6

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. These ratings may be reflected when using Appendix B: SAMPLE QUALITY ASSURANCE MONITORING FORM.

EXCEPTIONAL: Performance significantly exceeds contract requirements to the Government’s benefit.

SATISFACTORY: Performance meets contractual requirements.

UNSATISFACTORY: Performance does not meet contractual requirements.

C. Frequency of Measurement During contract/order performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed. D. Frequency of Performance Assessment Meetings. The COR shall meet with the contractor as often as deemed necessary but at least weekly during a Task Order - to assess performance and shall provide a written assessment. 12. QUALITY ASSURANCE DOCUMENTATION A. The Performance Management Feedback Loop

The performance management feedback loop begins with the communication of expected outcomes. Key Performance Parameters (KPPs) are expressed in the PWS and are assessed using the performance monitoring techniques shown in the KPP Table. The COR will retain a copy of all completed QA surveillance forms.

C. Reviews and Resolution

The COR may require the contractor’s project manager, or a designated alternate, to meet with the CO and other government personnel as deemed necessary to discuss performance evaluation. The CO or COR will define a frequency of in-depth reviews with the contractor, including appropriate self-assessments by the contractor; however, if the need arises, the contractor will meet with the COR as often as required or per the contractor’s request. The agenda of the reviews may include:

Monthly performance assessment data and trend analysis

Issues and concerns of both parties

Projected outlook for upcoming task orders and progress against expected trends, including a corrective action plan analysis

Recommendations for improved efficiency and/or effectiveness

The CO must coordinate and communicate with the contractor to resolve issues and concerns regarding marginal or unacceptable performance.

The COR and contractor should jointly formulate tactical and long-term courses of action. Decisions regarding changes to metrics, thresholds, or service levels should be clearly documented. Changes to

7

service levels, procedures, and metrics will be approved by the CO and incorporated as a contract modification.

C. Quality Assurance Reporting

At the conclusion of each task order execution, the COR in conjunction with the TM, will prepare written reports summarizing the overall results of the quality assurance surveillance of the contractor’s performance. These written reports will include the contractor’s submitted report and the completed quality assurance monitoring forms (Appendix B and Appendix C), which will become part of the QA documentation. These reports enable the government to demonstrate whether the contractor is meeting the stated objectives and/or performance standards, including scope/cost/scheduling objectives. COR Signature Approving QASP

________________________________________ ___________________

Contracting Officer’s Representative Date APPENDICES: Appendix A: KEY PERFORMANCE PARAMETERS

Appendix B: SAMPLE QUALITY ASSURANCE MONITORING FORM Appendix C: CONTRACT DISCREPANCY REPORT (CDR)

APPENDIX A

KEY PERFORMANCE PARAMETERS Activation: Key Performance Parameters




8

Respond to Task Order RFP

3 Respond with proposal within 6 hours


Initialize cross dock operations



Reach full operational capacity



Physical Requirements: Key Performance Parameters




Cross docking facility supports FEMA’s physical requirements

4.2 4.2 Complete Compliance with requirement

Personnel and Equipment: Key Performance Parameters:




Management Level Representation


Site Manager Representation


MHE Densities 5 5 Complete Compliance with requirement

Cross Docking Operations: Key Performance Parameters




Trailer Accountability 6 6 Complete Compliance with requirement

9

Cross Docking Operational Tempo


Data Collection and Transfer


Trailers: Key Performance Parameters




Trailer Quantities 7 7 Complete Compliance with requirement

Trailer Specifications 7 7 Complete Compliance with requirement

Special Category Trailers 7 7 Complete Compliance with requirement

Shuttle Service and Drivers: Key Performance Parameters




Appropriate Number of Shuttle Drivers


Shuttle Services Operational Tempo


Driver Requirements for Shuttle Operations


Cross Docking Deactivation: Key Performance Parameters




Demobilization Cross 10 10 Complete

10

Docking Operation Compliance with requirement

GSA STOS Filed Rates


Appropriate Number of Shuttle Services to Support FEMA Recovery Phase


APPENDIX B

SAMPLE QUALITY ASSURANCE MONITORING FORM

SERVICE or STANDARD: PRS #1, PRS #2, ETC

11

SURVEY PERIOD:

SURVEILLANCE METHOD (Check):

Random Sampling 100% Inspection Periodic Inspection Customer Complaint

LEVEL OF SURVEILLANCE (Check):

Monthly Quarterly As needed

PERCENTAGE OF ITEMS SAMPLED DURING SURVEY PERIOD: ______ %

ANALYSIS OF RESULTS:

Observed Service Provider Performance Measurement Rate: ______%

Service Provider’s Performance (Check): Exceeds Standards Meets Standards Does Not Meet Standards

Narrative of Performance During Survey Period:

PREPARED BY: ___________________________________ DATE: _________________

APPENDIX C

CONTRACT DISCREPANCY REPORT (CDR) 1. Contract Number:

2. TO: (Contractor Task Manager or on-site representative)

3. FROM: (Name of COR)

12

4. Date and time observed discrepancy: 5. DISCREPANCY OR PROBLEM:

<Describe in detail. Identify any attachments.> 6. Corrective action plan:

A written corrective action plan is/is not required. If a written corrective action plan is required include the following. > The written Corrective Action Plan will be provided to the undersigned not later than 24 hours days after receipt of this CDR.

Prepared by: CO/COR

Signature – Administrative Contracting Officer (ACO) Date or

Signature – Contracting Officer Technical Representative (COR) Date Received by:

Signature - Contractor Task Manager or on-site representative Date

< The COR may initiate a CDR at any time, including whenever the number of recorded defects for a performance standard exceeds the allowable number of defects; anytime unacceptable performance is determined critical in nature and requires formal corrective action; and whenever an unfavorable trend is detected in contractor performance.>

Attachment III – Past Performance Questionnaire

PAST PERFORMANCE QUESTIONNAIRE

The Department of Homeland Security (DHS), FEMA, recently released a Request for Proposal for the procurement of services under RFP #HSFE70-16-R-0010. Offerors were asked to provide information on contracts similar in nature, size and complexity to the present requirement on which they had performed in the past. An offeror has submitted this to you as a reference for past performance. (See blocks 1 to 3 below). We request your opinion on how well the contractor performed on your contract(s). Please fill out the attached questionnaire and send it electronically to either the Contracting Officer at [email protected] or the Contract Specialist at [email protected]. To be considered, this form must be filled out and received by the contracting officer no later than 4:00pm, EST, July XX, 2016. DHS/FEMA may contact you to clarify or verify any information provided. For purposes of confidentiality, only send this completed form to the FEMA contracting officer. Your input will be confidential. Please note your comments will be used to form the basis for evaluation of this offeror. Thank you in advance for your assistance.

A. CERTIFICATION By law, the Government will not disclose the names of individuals providing reference information during discussions with the contractor identified in Block 1 below. Block 1. Contractor Name:

Block 2. Contractor phone number and address:

Block 3. Contract Name and Number: |

I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS QUESTIONNAIRE IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.

________________________________ ________________________________________ Evaluator’s Printed Name Title _____________________________________________________________________________ Evaluator’s Mailing Address (Agency, Bldg/Room, Street, City, State, Zip) ________________________ __________ _______________ _________________ Evaluator’s Signature Date Phone Fax

B. INSTRUCTIONS Two forms are provided to document your opinion: 1) Performance Rating Form; and 2) Supplemental Comment Form. Please fill out both forms in accordance with the instructions provided on each. Please use the following standards in arriving at your rating: 1) Outstanding – the contractor’s overall performance was outstanding. Satisfactory – the contractor’s overall performance was successful but with some minor exceptions 2) Unsatisfactory – the contractor’s overall performance was unsatisfactory


PERFORMANCE RATING FORM (put an X in the appropriate box)

Performance Element Outstanding Satisfactory Unsatisfactory Not Applicable

1. QUALITY OF PRODUCT/SERVICES: The contractor provided high quality products and/or services.

2. COMMUNICATION: The contractor worked and communicated well with client management and contracting officials.

3. TIMELINESS OF PERFORMANCE: The contractor made deliveries on time or sooner than agreed.

4. CUSTOMER SATISFACTION: The contractor exhibited a commitment to customer satisfaction and achieved customer satisfaction.

5. RESPONSIVENESS AND ATTENTIVESNESS: The contractor was responsive to client changes, criticism/rejection of contract deliverables and in detecting and correcting errors, poor performance, and other problems.

OVERALL PERFORMANCE:

YES NO 6. Given the choice would you do business with this contractor again?


Supplemental Comment Form

Please provide any additional comments regarding your performance element ratings in the appropriate spaces below. We appreciate your time and valuable comments. Performance Element #1, Quality of Product/Services: Performance Element #2, Communication: Performance Element #3, Timeliness of Performance: Performance Element #4, Customer Satisfaction: Performance Element #5, Responsiveness and Attentiveness:

Per Gallon Per Barrel

AVGAS (CONUS) 130 2.14 89.88

AVGAS (OCONUS) -LL LL 8.41 353.22

Diesel Fuel:

Distillates F76 1.90 79.80

High Sulfur DF1 1.88 78.96

Generic (High Sulfur) DF2 1.69 70.98

Ultra Low Sulfur DS1 1.95 81.90

Ultra Low Sulfur DS2 1.81 76.02

Burner Grade FS1 1.84 77.28


Biodiesel BDI 1.81 76.02

Jet Fuel:

JP8 & JA1 1.88 78.96

JAA 1.86 78.12

JP5 1.91 80.22

JTS 2.92 122.64

Kerosene KS1 1.85 77.70

Motor Gasoline:

Regular, Unleaded MUR 1.84 77.28

Midgrade, Unleaded MUM 1.94 81.48

Premium, Unleaded MUP 2.17 91.14

Gasohol GUM 1.94 81.48

Ethanol E85 1.84 77.28

Residual:


Residual (Burner Grade) FS6 0.94 39.48

FOR FOR 0.71 29.82

Bunkers Marine (MGO) MGO 1.98 83.16

Bunkers Intermediate Grade 180, 380 1.41 59.22

Intoplane Jet Fuel IA1, IAA, IAB, IP8 2.14 89.88

Local Purchase Jet Fuel NA1, NAA 2.30 96.60

Local Purchase Ground Fuel NLS, NMU 1.97 82.74

Composite Standard Price 1.88 78.96

Standard Fuel Prices in Dollars

FY2016 Short List $78.96

Effective April 1, 2016

FY2016

Attachment IV - DLA Petroleum Standards

FY16

UNIT Apr 1-

NATIONAL PRODUCT PRODUCT OF $78.96

PROGRAM STOCK NUMBER DESCRIPTION CODE ISSUE PRICE/Unit of Measure

Top Ten Product Orders (Quantity)

BULK and PC&S 9130-00-359-2026 Turbine Fuel, Aviation, Jet A (Jet A with additives {F24}) JAA GL $1.86

BULK and PC&S 9130-01-031-5816 Turbine Fuel, Aviation, JP-8 JP8 GL $1.88

BULK and PC&S 9140-00-273-2377 Fuel Oil, Naval, Distillate F76 GL $1.90

BULK and PC&S 9130-00-273-2379 Turbine Fuel, Aviation JP-5 JP5 GL $1.91

INTOPLANE 9130-01-305-4097 Turbine Fuel, Aviation, Jet A (Into-Plane) IAA GL $2.14

BULK and PC&S 9130-01-491-2201 Turbine Fuel, Aviation, Grade TS-1 TS1 GL $1.88

BUNKERS 9140-01-417-6843 Gas Oil, Marine (For Bunkers Program Only) MGO MT $624.29

INTOPLANE 9130-01-305-4096 Turbine Fuel, Aviation, Jet A-1 (Into-Plane) IA1 GL $2.14

BULK and PC&S 9130-01-305-4096 Turbine Fuel, Aviation, Jet A-1 JA1 GL $1.88

BULK and PC&S 9140-00-286-5294 Diesel Fuel, Grade 2-D, S5000, Dyed Red DF2 GL $1.69Aviation Gasoline

BULK and PC&S 9130-00-179-1122 Gasoline, Aviation, Grade 100LL 130 GL $2.14

BULK and PC&S 9130-01-531-4426 Gasoline, Aviation 100LL, OCONUS 100 (LL) GL $8.41

BULK and PC&S 9130-01-493-5112 Gasoline, Aviation, Any Grade (Non Contract Source at an Airport) N13 GL $4.11

Automotive Gasoline

BULK and PC&S 9130-01-542-5289 Tupras 243 Spec Gasoline MUJ GL $2.64

BULK and PC&S 9130-01-470-2024 Gasoline, Automotive (Fuel Ethanol), Grade Ed85 E85 GL $1.84

BULK and PC&S 9130-01-355-2393 Gasoline, Automotive (Gasohol), Unleaded, Mid-Grade, AKI 89 GUM GL $1.94

BULK and PC&S 9130-01-090-1094 Gasoline, Automotive (Gasohol), Unleaded, Premium, AKI 91 GUP GL $2.16

BULK and PC&S 9130-01-090-1093 Gasoline, Automotive (Gasohol), Unleaded, Regular, AKI 87 GUR GL $1.84

BULK and PC&S 9130-01-561-9986 Gasoline, Automotive (Fuel Methanol), Grade M85 M85 GL $1.61

BULK and PC&S 9130-01-289-8638 Gasoline, Automotive, Unleaded, Grade 2, RON 89 (Korea PC&S Only) MG7 GL $2.24

BULK and PC&S 9130-01-388-4513 Gasoline, Automotive, Reformulated, Mid-Grade, AKI 89 MMR GL $1.94

BULK and PC&S 9130-01-388-4524 Gasoline, Automotive, Reformulated, Premium, AKI 91 MPR GL $2.18

BULK and PC&S 9130-01-388-4080 Gasoline, Automotive, Reformulated, Regular, AKI 87 MRR GL $1.85

BULK and PC&S 9130-01-466-9213 Gasoline, Automotive, Unleaded, Premium Grade (Turkey PC&S Only) MTP GL $2.18

BULK and PC&S 9130-01-272-0983 Gasoline, Automotive, Unleaded, Mid-Grade, AKI 89 MUM GL $1.94

BULK and PC&S 9130-00-148-7104 Gasoline, Automotive, Unleaded, Premium, AKI 91 MUP GL $2.17

BULK and PC&S 9130-00-148-7103 Gasoline, Automotive, Unleaded, Regular, AKI 87 MUR GL $1.84

BULK and PC&S 9130-01-493-5176 Gasoline, Automotive (Fuel Ethanol) (Any Grade) (Non Contract Source at a Gas Station) N85 GL $1.97

BULK and PC&S 9130-01-485-0982 Gasoline, Automotive Any Type or Grade (Non Contract Source at a Gas Station) NMU GL $1.97

BULK and PC&S 9130-01-578-0515 Liquid Fuel (Non-Contract NATO Ground Fuel), Afghanistan NNF GL $7.25

BULK and PC&S 9130-01-526-4844 Gasoline, Automotive, Unleaded, RON 92 (For Pakistan and Afghanistan Only) PAG GL $2.18

BULK and PC&S 9130-01-527-5763 Gasoline, Automotive, Premium, 50ppm Sulfur ULG GL $2.18

Aviation Turbine Fuel

BULK and PC&S 9130-01-373-0208 Turbine Fuel, Aviation, Freeze Point -72 F AN8 GL $2.41

BULK and PC&S 9130-01-545-8464 Turbine Fuels, Aviation, Kerosene Types, NATO F-34 F34 GL $1.88

INTOPLANE 9130-01-305-5597 Turbine Fuel, Aviation, JP-8 (Into-Plane) IP8 GL $2.14

BULK and PC&S 9130-01-234-1738 Turbine Fuel, Aviation, Freeze Point -50 F J50 GL $1.88

BULK and PC&S 9130-00-753-5026 Turbine Fuel, Aviation, Jet A-1 JA1 GL $1.88

BULK and PC&S 9130-00-359-2026 Turbine Fuel, Aviation, Jet A (Jet A with additives {F24}) JAA GL $1.86

BULK and PC&S 9130-01-234-1737 Turbine Fuel, Aviation Jet B JAB GL $1.94



BULK and PC&S 9130-01-499-9521 Turbine Fuel, Aviation, JP-5 (For OCONUS Bunker Program Only) JP5 MT $616.55

BULK and PC&S 9130-00-180-6385 Turbine Fuel, Low Volatility JP7 GL $6.03

BULK and PC&S 9130-01-031-5816 Turbine Fuel, Aviation, JP-8 JP8 GL $1.88

BULK and PC&S 9130-00-551-2264 Turbine Fuel, Aviation, Thermally Stable JPTS GL $2.92

BULK and PC&S 9130-01-481-6869 Turbine Fuel, Aviation, Jet A-1 (Non Contract Source at an Airport) NA1 GL $2.30

BULK and PC&S 9130-01-481-6836 Turbine Fuel, Aviation, Jet A (Non Contract Source at an Airport) NAA GL $2.30

BULK and PC&S 9130-01-481-6868 Turbine Fuel, Aviation, Jet B (Non Contract Source at an Airport) NAB GL $2.38

BULK and PC&S 9130-01-572-4320 Turbine Fuels, Aviation, Kerosene Types, NATO F-34 (Local Purchase) NNJ GL $6.50

BULK and PC&S 9130-01-491-2201 Turbine Fuel, Aviation, Grade TS-1 TS1 GL $1.88

INTOPLANE 9130-01-305-4096 Turbine Fuel, Aviation, Jet A-1 (Into-Plane) IA1 GL $2.14

INTOPLANE 9130-01-525-4045 Turbine Fuel, Aviation, Jet A-1 Reduced Price Fuel Kuwait IAP Only (Into-Plane) JF1 GL $0.18

INTOPLANE 9130-01-305-4097 Turbine Fuel, Aviation, Jet A (Into-Plane) IAA GL $2.14

INTOPLANE 9130-01-305-5595 Turbine Fuel, Aviation, Jet B (Into-Plane) IAB GL $2.14

INTOPLANE 9130-01-481-6869 Turbine Fuel, Aviation, Jet A-1 (Non Contract Source at an Airport) NA1 GL $2.30

INTOPLANE 9130-01-481-6836 Turbine Fuel, Aviation, Jet A (Non Contract Source at an Airport) NAA GL $2.30

INTOPLANE 9130-01-481-6868 Turbine Fuel, Aviation, Jet B (Non Contract Source at an Airport) NAB GL $2.38

INTOPLANE 9130-01-492-4931 Turbine Fuel, Aviation, Grade TS-1 TSI GL $1.88

Diesel Fuel

BULK and PC&S 9140-01-527-4321 Diesel Fuel, Grade 1-D S5000 (Not Dyed) (For Alaska PC&S Only) AG1 GL $2.07

BULK and PC&S 9140-01-527-4363 Diesel Fuel, Grade 2-D S5000 (Not Dyed) (For Alaska and Guam PC&S Only) AG2 GL $1.85

BULK and PC&S 9140-01-470-4520 Diesel Fuel, Biodiesel B20 BDI GL $1.81

BULK and PC&S 9140-00-286-5286 Diesel Fuel, Grade 1-D, S5000, Dyed Red DF1 GL $1.88

BULK and PC&S 9140-00-286-5294 Diesel Fuel, Grade 2-D, S5000, Dyed Red DF2 GL $1.69

BULK and PC&S 9140-01-524-5174 Diesel Fuel, Grade 1-D S15 DS1 GL $1.95

BULK and PC&S 9140-01-524-0139 Diesel Fuel, Grade 2-D S15 DS2 GL $1.81

BULK and PC&S 9140-01-541-6760 Diesel Fuel, ULSD, Red Dyed, Grade No. 2 DSS GL $1.85

BULK and PC&S 9140-01-541-6767 Diesel Fuel, ULSD, Red Dyed, Grade No. 1 DSW GL $1.91

BULK and PC&S 9140-01-520-7119 Diesel Fuel, (CFPP = -10 C Winter & 5 C Summer) (For Use in Turkey PC&S Program) DT2 GL $1.94

BULK and PC&S 9140-01-546-1786

Diesel Fuel, Low Sulfur Fuel Oil, Burner, No. 2 S500, Dyed Red, Untaxed. 0.05% Sulfur max

(Alaska PC&S) FL2 GL $1.61

BULK and PC&S 9140-01-398-1422 Diesel Fuel, Grade 1-D S5000 (Dyed Red) HS1 GL $1.85

BULK and PC&S 9140-01-398-1395 Diesel Fuel, Grade 2-D S5000 (Dyed Red) HS2 GL $1.67

BULK and PC&S 9140-01-534-3068 Diesel Fuel, Class 3, Regular (Korea) KDR GL $1.85

BULK and PC&S 9140-01-534-3332 Diesel Fuel, Class 3 Winter Grade (Korea) KDW GL $1.88

BULK and PC&S 9140-01-398-1130 Diesel Fuel, Grade 1-D S500 (For Conus PC&S, Navy and Federal Civilian Activities) LS1 GL $1.90

BULK and PC&S 9140-01-413-4919

Diesel Fuel, Grade 2-D S500, Dyed Red (For Conus PC&S, Navy and Federal Civilian

Activities) LSS GL $1.61

BULK and PC&S 9140-01-413-7494

Diesel Fuel, Grade 1-D S500, Dyed Red (For Conus PC&S, Navy and Federal Civilian

Activities) LSW GL $1.69

BULK and PC&S 9140-01-493-5556 Diesel Fuel, Biodiesel B20 (Non Contract Source at a Gas Station) N20 GL $1.97

BULK and PC&S 9140-01-485-0991 Diesel Fuel #2 NLS GL $1.97

BULK and PC&S 9140-01-526-5493 Diesel Fuel (For Use in Pakistan and Afghanistan Only) PAD GL $1.99

BULK and PC&S 9140-01-492-7612 Diesel Fuel (Turkmenistan PC&S, Eurasia PC&S used for Afghanistan) RDF GL $1.99

BULK and PC&S 9140-01-556-9156 Diesel Fuel, Sulfur 10 ppm max (For use in Europe PC&S) SFD GL $1.82

BULK and PC&S 9140-01-528-4488 Diesel Fuel (Texas Low Emission) TX2 GL $1.85

BULK and PC&S 9140-01-541-9557 Diesel Fuel, ULSD, Dyed, Texas Low Emission TXR GL $1.85

BULK and PC&S 9140-01-496-0135 Diesel Fuel, 50 ppm Sulfur ULD GL $1.82

Fuel Oil

BULK and PC&S 9140-00-273-2377 Fuel Oil, Naval, Distillate F76 GL $1.90

BULK and PC&S 9140-01-408-7183 Fuel Oil, Burner, Type No. 1 (-2.5 C Pour Point) (For Use in Japan) FJ1 GL $1.85

BULK and PC&S 9140-01-408-7198 Fuel Oil, Burner, Special No. 3 (-30 C Pour Point) (For Use in Japan) FJ3 GL $1.85

BULK and PC&S 9140-01-058-4431 Fuel Oil, Burner, Grade No. 5 (Light), Virgin Oil Only FL5 GL $1.15

BULK and PC&S 9140-00-247-4366 Fuel Oil, Burner, Grade No. 1, Virgin Oil Only FS1 GL $1.84




BULK and PC&S 9140-01-443-5048 Fuel Oil, Marine, Residual, Grade RME-180 RME GL $1.12

BUNKERS 9140-01-271-5280 Fuel Oil, Intermediate Grade RME-180 (For Bunker Program Only) 180 GL $1.41

BUNKERS 9140-01-417-6645 Fuel Oil, Intermediate Grade RME-180 (For Bunker Program Only) 180 MT $386.47

BUNKERS 9140-01-235-2882 Fuel Oil, Intermediate Grade RMG-380 (For Bunker Program Only) 380 GL $1.41

BUNKERS 9140-01-417-6632 Fuel Oil, Intermediate Grade RMG-380 (For Bunker Program Only) 380 MT $383.03

BUNKERS 9140-01-068-6903 Fuel Oil, Reclaimed FOR GL $0.71

Gas Oil

BUNKERS 9140-01-313-7776 Gas Oil, Marine (Bunker Program Only) MGO GL $1.98

BUNKERS 9140-01-417-6843 Gas Oil, Marine (For Bunkers Program Only) MGO MT $624.29

Kerosene

BULK and PC&S 9140-01-408-7211 Kerosene, Class No. 1 (For Use in Japan) KJ1 GL $2.15

BULK and PC&S 9140-01-292-4460 Kerosene, Grade No. 1-K, Un-Dyed (Not For Use in Un-Vented Heaters) KS1 GL $1.85

BULK and PC&S 9140-00-242-6748 Kerosene, Grade No. 2-K KSN GL $1.77

BULK and PC&S 9140-01-461-3989 Kerosene, Grade No. 1-K, Dyed Red (Not For Use in Un-Vented Heaters) KSR GL $1.85

BULK and PC&S 9140-01-493-8592 Kerosene, Any Grade (Non Contract Source) NKS GL $1.97

Lubricating Oil

BULK and PC&S 9150-01-555-3598 Lubricating Oil, Engine 40 L40 GL $5.40

BULK and PC&S 9150-00-985-7031 Lubricating Oil, Jet Engine, Grade 1010 LA6 GL $6.81

BULK and PC&S 9150-01-430-2884 Lubricating Oil, Aircraft Piston Engine (Nondispersant Mineral Oil) SAE Grade 60 LA7 GL $6.81

BULK and PC&S 9150-01-614-2529 Lubricating Oil, General Purpose (Smoke Oil) C13 GL $7.22

BULK and PC&S 9150-01-372-6915 Lubricating Oil, Steam Turbine and Gear, MIL Symbol 2190 LTL GL $5.40

BUNKERS 9150-00-181-8232 Lubricating Oil, Shipboard, MIL Symbol 9250 LO6 GL $5.40

Bunkers Open Market (Local Purchase Manual/Paper)

BUNKERS 9140-01-439-2461

Bunkers Open Market (Local Purchase Manual/Paper) Fuel Oil, Naval, Any Grade Distillate or

Residual NBF GL $2.54

SEA Card® Open Market

BUNKERS 9140-01-550-7149 MGO SEA Card® (All Products other than IFO 180 & 380) NMG GL $1.98

BUNKERS 9140-01-551-1302 MGO SEA Card® (All Products other than IFO 180 & 380) NMT MT $624.29

BUNKERS 9140-01-564-1652 IFO SEA Card® Fuel Oil, Intermediate Grade IFO-180/RME-25 N18 GL $1.41

BUNKERS 9140-01-564-1907 IFO SEA Card® Fuel Oil, Intermediate Grade IFO-180/RME-25 N18 MT $386.47

BUNKERS 9140-01-564-4232 IFO SEA Card® Fuel Oil, Intermediate Grade IFO-380/RMG-35 N38 GL $1.41

BUNKERS 9140-01-564-2827 IFO SEA Card® Fuel Oil, Intermediate Grade IFO-380/RMG-35 N38 MT $383.03

SEA Card® Swipe Program

BUNKERS 9130-01-577-2445 Commercial Swipe (All Grades) Non-Level 3 Data NL3 GL $1.97

BUNKERS 9140-01-577-5512 Commercial Swipe Marine Diesel NMD GL $1.97

Natural Gas

BULK and PC&S 6830-01-377-8183 Gas, Natural, Dry, Compressed, Vehicular Fuel CNG GL $1.00

BULK and PC&S 6830-01-493-5659 Off Base LPG NLP GL $1.85

BULK and PC&S 6830-01-493-6039 Gas, Natural, Dry, Compressed, Vehicular Fuel (Non Contract Source at a Gas Station) NNG GL $1.10

Other Products

BULK and PC&S 9130-01-036-2767 Fuel, Slop SLP GL $1.69

CLIN Description Quantity Unit Unit Price Total

0001FEMA National Cross Docking Operations - Phase 3 Response Activation Activation Duration: 1-14 Days 0 LO -$ -$

0002FEMA National Cross Docking Operations - Phase 3 Response ActivationActivation Duration: 15-28 Days 0 LO -$ -$






0008

Cross Dock Facilities (All requirements necessary to the daily Cross Dock Facility operations such as physical structure requirements, personnel, Material and Handling equipment, maintenance support for Cross Dock operations and fuel.) 0 DA -$ -$

0009 Trailers (53ft/Closed Van) (Trailer cost per day) 0 EA -$ -$ 0010 Shuttle Service and Drivers to ISB (Service cost per day) 0 DA -$ -$ 0011 Shuttle Service and Drivers to FEMA POD (Service cost per day) 0 DA -$ -$

0012FEMA National Cross Docking Operations - Phase 3 Response Deactivation 0 LO -$ -$

0013 Exercise/Training (Attendance limited to a maximum NTE $2500) 0 LO -$ -$ 0014 Other Direct Costs (i.e. lodging, travel, etc.) 0 LO -$ -$

HSFE70-16-R-0010 Attachment V Price Schedule









1008



1012 FEMA National Cross Docking Operations - Phase 3 Response Deactivation 0 LO -$ -$ 1013 Other Direct Costs (i.e. lodging, travel, etc.) 0 LO -$ -$










3008



3012 FEMA National Cross Docking Operations - Phase 3 Response Deactivation 0 LO -$ -$ 3013 Other Direct Costs (i.e. lodging, travel, etc.) 0 LO -$ -$










4008


4009 Trailers (53ft/Closed Van) (Trailer cost per day) 0 EA -$ -$ 4010 Shuttle Service and Drivers to ISB (Service cost per day) 0 DA -$ -$ 4011 Shuttle Service and Drivers to FEMA POD 0 DA -$ -$

4012FEMA National Cross Docking Operations - Phase 3 Response Deactivation 0 LO -$ -$

4013 Other Direct Costs (i.e. lodging, travel, etc.) 0 LO -$ -$


SECTION B TERMS AND CONDITIONS B.1 GENERAL · (3) Contract/Delivery Order Number and Date - insert...

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Transcript of SECTION B TERMS AND CONDITIONS B.1 GENERAL · (3) Contract/Delivery Order Number and Date - insert...