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S--OPTION - Armed Guard Service - Emergency - West Virginia

Department of Homeland Security, Federal Emergency Management Agency | Published October 20, 2016  -  Deadline November 10, 2016
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is 833295-2 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-91. The associated North American Industrial Classification System (NAICS) code for this procurement is 561612 with a small business size standard of $20.50M.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on will start on the date this solicitation is posted and will end on 2016-11-10 15:00:00.0 Eastern Time or as otherwise displayed at Destination shall be in the Place of Performance.  The DHS Federal Emergency Management Agency requires the following items, Meet or Exceed, to the following:  Base  Period of Performance: 11/19/2016 - 02/18/2017 LI 001: One (1) armed, guard services covering Monday-Friday 3:30 pm - 7:30 am and 24-hour coverage on Saturdays, Sundays and holidays located at temporary housing unit staging area at 84 Lumber Site: 2700 East DuPont Avenue, Belle, WV 25015 (work start 8 days After Receipt of Order), 1400, HR; Option 1  Period of Performance: 02/19/2017 - 05/18/2017 LI 001: One (1) armed, guard services covering Monday-Friday 3:30 pm - 7:30 am and 24-hour coverage on Saturdays, Sundays and holidays located at temporary housing unit staging area at 84 Lumber Site: 2700 East DuPont Avenue, Belle, WV 25015 (work start 8 days After Receipt of Order), 1400, HR; Option 2  Period of Performance: 05/19/2017 - 08/18/2017 LI 001: One (1) armed, guard services covering Monday-Friday 3:30 pm - 7:30 am and 24-hour coverage on Saturdays, Sundays and holidays located at temporary housing unit staging area at 84 Lumber Site: 2700 East DuPont Avenue, Belle, WV 25015 (work start 8 days After Receipt of Order), 1400, HR; Option 3  Period of Performance: 08/19/2017 - 11/18/2017 LI 001: One (1) armed, guard services covering Monday-Friday 3:30 pm - 7:30 am and 24-hour coverage on Saturdays, Sundays and holidays located at temporary housing unit staging area at 84 Lumber Site: 2700 East DuPont Avenue, Belle, WV 25015 (work start 8 days After Receipt of Order), 1400, HR;  Solicitation and Buy Attachments   ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at Questions not received within a reasonable time prior to close of the solicitation may not be considered.***  For this solicitation, DHS Federal Emergency Management Agency intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Federal Emergency Management Agency is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at There is no cost to register, review procurement data or make a bid on that are not currently registered to use should proceed to to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at Offerors may not artificially manipulate the price of a transaction on by any means. It is unacceptable to place bad faith bids, to use decoys in the process or to collude with the intent or effect of hampering the competitive process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or of FedBid:   Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.  New Equipment ONLY; NO remanufactured or "gray market" items.  All items must be covered by the manufacturer's warranty.  Bid MUST be good for 30 calendar days after close of Buy.  Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.  This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at Registration must be "ACTIVE" at the time of award.  The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at  In anticipation of potential emergency response requirements, agencies involved in response planning should consider awarding emergency response contracts before a major disaster or emergency occurs to ensure immeidate response and relief. The contracts should be structured to respond to immediate emergency response needs, and should not be structured in any way that may inhibit the transtion of emergency response work to local firms. 42. U.S.C. requires t hat agencies performing response, relief, and reconstruction activities transtion to local firms any work performed under contracts in effect on the date on which the President declars a major disaster or emergency, unless the head of such agency determines in writing that it is not feasbile or practicable. This determination may be made on an individual contract or class basis. The written determination shall be prepared within a reasonable time given the circumstances of the emergency.  Definitions (JAN 2012) (a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless? (1) The solicitation, or amended solicitation, provides a different definition; (2) The contracting parties agree to a different definition; (3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at at the end of the FAR, after the FAR Appendix. (End of clause)  Approval of Contract (DEC 1989) This contract is subject to the written approval of . . . . . [identify title of designated agency official here] and shall not be binding until so approved. (End of clause)  Security Requirements (AUG 1996) (a) This clause applies to the extent that this contract involves access to information classified Confidential, Secret, or Top Secret. (b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and (2) any revisions to that manual, notice of which has been furnished to the Contractor. (c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract. (d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. (End of clause)  Taxpayer Identification (OCT 1998) (a) Definitions. Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). ? TIN: ? TIN has been applied for. ? TIN is not required because: ? Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ? Offeror is an agency or instrumentality of a foreign government; ? Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. ? Sole proprietorship; ? Partnership; ? Corporate entity (not tax-exempt); ? Corporate entity (tax-exempt); ? Government entity (Federal, State, or local); ? Foreign government; ? International organization per 26 CFR 1.6049-4; ? Other (f) Common parent. ? Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. ? Name and TIN of common parent: Name TIN (End of provision)  Personal Identity Verification of Contractor Personnel (JAN 2011) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee's employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. (End of clause)  Service Contract Reporting Requirements (JAN 2014) (a) Definition. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. (b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30). (c) The Contractor shall report the following information: (1) Contract number and, as applicable, order number. (2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract. (3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year. (4) Data reported by subcontractors under paragraph (f) of this clause. (d) The information required in paragraph (c) of this clause shall be submitted via the internet (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15. (e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency. (f) (1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report: (i) Subcontract number (including subcontractor name and DUNS number); and (ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year. (2) The Contractor shall advise the subcontractor that the information will be made available to the public as required bysection 743 of Division C of the Consolidated Appropriations Act, 2010. (End of clause)  Evaluation of Options Exercised at Time of Contract Award (JUN 1988) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award. (End of provision)  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 extention of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within_ [insert the period of time within which the Contracting Officer may exercise the option]. (End of clause)  Option To Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within ____ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _ (months) (years). (End of clause)  Notice to the Government of Labor Disputes (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. (End of clause)  Convict Labor (JUN 2003) (a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands. (b) The Contractor is not prohibited from employing persons? (1) On parole or probation to work at paid employment during the term of their sentence; (2) Who have been pardoned or who have served their terms; or (3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if? (i) The worker is paid or is in an approved work training program on a voluntary basis; (ii) Representatives of local union central bodies or similar labor union organizations have been consulted; (iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; (iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. (End of clause)  Nondisplacement of Qualified Workers (JAN 2013) (a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ?service employee? includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.  Compliance With Veterans' Employment Reporting Requirements (SEP 2010) By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has submitted the most recent VETS-100A Report required by that clause. (End of provision)  Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in  Service Contract Act of 1965 (NOV 2007) (a) Definitions. As used in this clause? Act means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) Contractor when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term ?Government Prime Contractor.?  Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It Is Not a Wage Determination  52.222-43 Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts)  Combating Trafficking in Persons (FEB 2009) (a) Definitions. As used in this clause? Coercion means? (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.  Employment Eligibility Verification (AUG 2013) (a) Definitions. As used in this clause? Commercially available off-the-shelf (COTS) item? (1) Means any item of supply that is?  Encouraging Contractor Policies To Ban Text Messaging While Driving (AUG 2011) (a) Definitions. As used in this clause? Driving?(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. (c) The Contractor is encouraged to? (1) Adopt and enforce policies that ban text messaging while driving? (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as? (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold. (End of clause)  Preference will be given to vendors based in State of West Virginia in accordance with Stafford Act Section 307. In order to be eligible for preference, sellers must have their primary business location as stated in in West Virginia per Stafford Act and FAR 6.6.  The quantity of hours listed per line item is the best estimate and is subject to change based on actual need and at the discretion of the Contracting Officer.  
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