RFP 2022-03 Owner’s Representative Services

NOTICE INVITING REQUEST FOR PROPOSALS
FOR OWNER’S REPRESENTATIVE

MUSEO DE ARTE DE PONCE
PONCE, PUERTO RICO
Owner’s Representative Services

RFP 2022-03

NOTICE IS HEREBY GIVEN THAT the LUIS A. FERRÉ FOUNDATION, DBA MUSEO DE ARTE DE PONCE, in Ponce, Puerto Rico, will receive Request for Proposals (RFP) for Owner’s Representative Services related to the Repair, Reconstruction and Seismic Retrofitting Services of the Museum Building after the 2020 Earthquakes.

General Work Description: The Luis A. Ferré Foundation (“Museo de Arte de Ponce or MAP”) seeks to retain a firm (or team) to provide skilled Owner’s Representative (OR) services to act as Museo’s agent in the organization, administration, oversight, and coordination of the Federally-funded repair, reconstruction and seismic retrofitting services of the Museum building. The OR firm will report directly to Museo’s designated internal project leader(s). The successful firm will interact with MAP’s stakeholders, the project committee, and will provide planning, procurement, over-sight, and management services for all project team members. The successful firm (or team) must also demonstrate skill, experience, and expertise to meet the Owner’s Representative requirements described within this document. MAP may utilize this solicitation and selection to award similar work within one year of issuance.

This project may include grant funding from FEMA and COR3, as well as funding from the MAP. As such, the project must comply with the applicable federal and local laws, regulations, and poli-cies.

a. Interested qualified parties are invited to submit proposals. The submittals are due July 1st, 2022, in accordance with the instructions included in the RFP of reference.

Any firms interested in this RFP should register by sending an email to: [email protected] by June 27, 2022 to receive further communications from MAP. Notwithstanding the foregoing, it is each interested respondent’s responsibility to routinely review the MAP’s website for publication of amendments and notices regarding this RFP. Registration is not required for respondents to submit a proposal.

All inquiries, requests for additional information and questions must also be submitted electronical-ly to [email protected] no later than June 27, 2022. All communications regarding this RFP must include the RFP number in the subject line. Interested respondents must direct all communications related to this RFP to [email protected]

Responses to any inquiries received, if any, will be distributed via Addendum by email to all firms who registered for this RFP pursuant to these instructions by June 28, 2022. Any other Addenda or other Notices will also be distributed by email to registered respondents. All Addenda and Notices will also be published on MAP’s website.

 

Date Event
June 20, 2022 RFP Publication in Website
June 22, 2022 RFP Publication in Newspaper
June 27, 2022 Deadline to Register, 5 pm EST
June 27, 2022 Inquiry deadline, 5 pm EST
June 28, 2022 Response to Inquiries
July 1st, 2022 Deadline to submit Proposals; 5 pm EST
July 11, 2022 Finalist interviews (at the discretion of MAP)
July 15, 2022 Notice of award expected date

 

Submissions received after the date and time stated above will not be considered. It is each respondent’s responsibility to ensure timely submitted of its proposal. Please note that the RFP timeline included above is an estimate and subject to change at the sole discretion of MAP.

 

REQUEST FOR
PROPOSAL

MUSEO DE ARTE DE PONCE
Owner’s Representative related to the Repair, Reconstruction and Seismic Retrofitting Services of the Museum Building After the 2020 Earthquakes

June 2022

DESCRIPTION OF WORK

1. INTRODUCTION.

Built in 1965, Museo de Arte de Ponce (MAP) is an art museum located on Luis A. Ferré Aguayo Boulevard in Ponce, Puerto Rico. It houses a collection of European art as well as works by Puerto Rican artists. The Museum contains one of the most important Pre-Raphaelite collections in the Western Hemisphere.

MAP is considered one of the finest art museums in Puerto Rico and one of the largest art museums in the Caribbean. It has also been called one of the best museums in the Americas. It was the first museum in Puerto Rico accredited by the American Alliance of Museums. There are two main structures that comprise the MAP: the Durell Stone Building, where the galleries and art collection are located; and the Annex Building, where the library, conservation laboratory, store, and adminis-trative offices are located.

The qualified successful respondent shall be fully experienced with:

  • The mapping and identification of seismic damage to historic buildings.
  • Coordination with FEMA and COR3 on damage assessment and claim negotiations, by working closely with the MAP’s Recovery Consultant.
  • The repair and rehabilitation of historic buildings;
  • Construction management;
  • The requirements of FEMA funded projects;
  • The requirements of the State Historical Preservation Office (SHPO);

In general, the project shall include the facility investigations/pre-design reports, architectural and engineering design, permitting, procurement of construction contractor, and management of con-struction and any other repairs necessary to upgrade the MAP to current Building Codes.

2. PROJECT INFORMATION.

d) Background

 

The Earthquakes

On January 7, 2020, the southwest of Puerto Rico was impacted by a 6.4M earthquake with a series of aftershocks greater than 5M that led to a 5.9M earthquake on January 11, 2020, affecting the Durrell Stone Building and the Annex Building, Event 4473DR-PR (4473DR). Several earthquakes and seismic activity continued for several months in 2020. The Durell Stone building presented ex-tensive cracking and separation of exterior concrete masonry walls, interior lath and plaster; con-crete walls, ceiling plaster triangles, architectural features and other building components were also damaged. The building was immediately evacuated, and the collection safeguarded, the building has remained closed to the public until this day due to the earthquake damage.

The building consists of structural cantilever columns, concrete roof and floor slab and nonstructur-al CMU perimeter walls. All interior walls are CMU with wood studs and gypsum board furring for exhibition purposes. It is important to note that the seismic force resisting system consists only on the cantilever columns. Structures that utilize this type of system often have limited redundancy and over-strength, and have substantially less energy dissipation capacity than other systems, due to concentration of inelastic behavior at the column base.

 

The City of Ponce

Ponce was founded on August 12, 1692 and is named for Juan Ponce de León y Loayza, the great-grandson of Spanish conquistador Juan Ponce de León. Ponce is often referred to as La Perla del Sur and La Ciudad Señorial. It is both a city and a municipality on the southern coast of Puerto Ri-co. Ponce is the fourth most populated city outside the San Juan metropolitan area with a popula-tion of 166,327 and serves a total population of around 498,776 considering the surrounding towns in the southern part of the island.

 

The Museum

Designed by Architect Edward Durell Stone, the Museum was constructed in 1965 and is a product of an extended design process. Durell Stone was honored with the award from the American Insti-tute of Architects in 1967 for the design of the MAP. The main footprint of the Museum is 50,994 square feet.

 

e) Project Funding.

This project may include grant funding from FEMA and COR3, as well as funding from the MAP. As such, the project must comply with the applicable federal and local laws, regulations, and poli-cies.

 

f) Federal Project Requirements.

The selected respondent shall be responsible for managing, providing guidance to the owner for the design and construction activities in accordance with all applicable local and Federal requirements. The selected respondent shall be responsible for determining, adhering to, and incorporating the lo-cal and federal requirements into the project. See section “E” for Special Provisions for Federally-Funded Projects.

 

g) Scope of Services.

The scope of services includes assistance to MAP’s project team during the process of planning, de-sign, construction, closeout, and warranty periods. Specific tasks to be performed by the OR firm or team include those generally completed by the OR industry community. Below are examples of services, responsibilities, and requirements of the successful firm (or team). The list below are exam-ples of the expected services, but should not be assumed to be an exhaustive or all-encompassing list of the required services.
The OR services include, but are not limited to:

1. The OR shall be the point of contact for the project team. The OR firm will pro-vide direction to the architect/engineer, the contractor, and all other associated outsourced project participants.
2. The OR will monitor the progress of the project and is responsible for compiling status and financial reports and all required documentation. At a minimum, the OR firm will:

    • Status budget to committed and forecasted cost each month.
    • Status, track, and summarize all agreements and amendments for all vendors working directly for the Museo on the project.
    • Track and document actual cost spent as compared to committed cost.
    • Track and document the contingency use on the project to support close-out requirements.
    • Track, document, and communicate outstanding issues and risks for the project to ensure timely decisions are made by project team mem-bers to support the schedule, budget, and needs of the project.
    • Create and status a master project schedule using the critical path method. The master schedule shall be updated monthly. The schedule components shall be cost and resource loaded and track activities, durations, and resources to achieve substantial and project comple-tion.
    • Create, document, and update a risk register for the project.
    • On a monthly basis certify to the Museo that the architectural and construction phases comply with the local and federal laws and regu-lations and with the contracts signed by the Museo with the architec-tural and construction firms.

3. The OR may be asked to participate in the establishment of end-user groups and be solely responsible for set-up and coordination of all meetings and interactions between the end- user groups, the architect/engineer, and the CM/GC. The OR firm is required to be at all project-based meetings throughout the project.
4. The OR, acting on behalf of the Museo, and with prior Museo approval, must rec-ommend approval for all changes to the project scope, cost, and schedule. At the end of the project, the OR must endorse the acceptance of the completed project.
5. The OR team will report directly to the Museo’s designated internal project leader who is responsible for overall project administration and execution.
6. The successful firm will provide ongoing review, tracking, and oversight of the approved work of the Architect/Engineer and Construction Manager(s) or General Contractor(s) and assist the Museo in both project management and technical mat-ters.
7. Assist the Museo during the design, construction, and close-out periods of the project.
8. The OR firm will provide review and recommend approval of estimates, estimate reconciliation, Guaranteed Maximum Price buyout, bid package buyout, project schedules, change order pricing, submittals, and requests for information (RFI).
9. The successful firm will assist with the drafting of all agreement and amendment documents to send to the Museo for execution on the project. The OR firm will al-so complete all internal processes to support agreement execution for the project.
10. The Museo will require the selected OR firm to track and manage, for the benefit of the project, an issues log, risk register, budget and cost tracking document, vendor payment log, submittal register, RFI log, and change management log. All elements listed above are reported and discussed during a monthly project review meeting that is documented with a monthly report.
11. Provide full-service management of the project including museum communication, project safety plan oversight and management, project management plan oversight, value engineering analysis, design and construction contract administration, sub-stantial completion, occupancy/certification of use, punch list management, project close-out, and coordination of final agreement advertising.
12. The OR team shall perform focused, all discipline, reviews of the design, draw-ings, and specifications at various stages of development. The successful firm will complete, at a minimum, one review at 100% DD (Design Development) and 95% CD (Construction Documents) ensuring that all comments are addressed and re-solved with the design team.
13. Conduct status, and installation review meetings as required to meet schedule, ri-gor, and project needs.
14. Request and review additional information required to perform project and com-missioning review, including Operations & Maintenance (O&M) materials, con-tractor start-up, and checkout procedures.
15. Perform site visits, as necessary, to observe component and system installations. Attend planning and project meetings to obtain information on construction pro-gress. Assist in resolving any discrepancies.
16. Review equipment warranties to ensure that the Museo’s responsibilities are clear-ly defined. Advise the Museo in writing of warranty responsibilities.
17. Oversee and review the training of the Museo’s operations and maintenance per-sonnel and the videotaping of the operations and maintenance training for all scopes and disciplines associated with the project.
18. Review the creation of the CM/GC’s “Owner’s Manual” that is kept at the facili-ties building. Ensure that the manual is complete, accurate, and usable for the long-term operation and maintenance of the system and building. Provide the Museo with one electronic and one hard copy manual provided by the CM/GC.
19. Conduct a project post-completion meeting and warranty walk three months be-fore the project’s material and labor warranty expiration. During the post-completion warranty walk/meeting:

i. Complete any outstanding project issues or deferred testing that is unresolved open.
ii. Inspect all system, operations, and energy performance of the system compared to the accepted project.
iii. Advise the Museo on operating modifications to maintain pro-ject intent.
iv. Make suggestions for improvements and record these changes in the project “Owner’s Manual.”
v. Assist the Museo staff in developing reports, documents, and requests for services to remedy outstanding problems.
vi. Compile the warranty phase results in a report briefly summariz-ing all of the above elements.

20. Provide the necessary tools to provide the Museo with a means to verify system performance back checks after the warranty period has expired. These requirements are to ensure the new infrastructure maintains peak performance and assures build-ing systems abnormalities are fixed promptly.

End of Section

 

GENERAL TERMS AND CONDITIONS

1. PROPOSAL REQUIREMENTS

a. Requirement to Meet All Provisions.

Each firm submitting a proposal shall meet all of the terms, and conditions of the Request for Proposal (RFP) specifications package. In submitting a proposal, the Respondent acknowledges agreement with and acceptance of all provisions of the RFP specifications.

b. Proposal Submittal.

Respondents shall submit one hard copy of the Proposal along with one electronic copy on a USB drive in a sealed envelope to the following address:

Museo de Arte de Ponce
2325 Blvd. Luis A. Ferré Aguayo
Ponce, PR 00717.

Respondents must include the RFP Number, RFP title, RFP deadline date and time, and Respondent name, address, telephone number, and email on the sealed envelope. The first page of the proposal shall indicate the RFP number indicated on the cover page of this RFP. Any requirements in the RFP that cannot be met must be so indicated in the proposal. Re-spondents must respond to the entire RFP. If a price proposal form is provided in Microsoft Excel format, Respondent shall return its completed price proposal form in Microsoft Excel format, in addition to the remaining portions of its response to this RFP in PDF format.

No FAX submittals will be accepted.

c. Proposal Content Format.

Respondents must strictly adhere to the format outlined in Section C of this RFP titled “Special Terms and Conditions” to ensure proper evaluation of the submitted proposals. Any proposals that deviate from the content requirements and order outlined in Section C may be deemed nonresponsive by MAP.

d. Proposal Withdrawal and Opening.

A Respondent may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the MAP for its withdrawal, in which event the proposal will be returned to the Respondent unopened. No proposal re-ceived after the time specified or at any place other than that stated in the “Notice Request-ing Proposals” will be considered. All proposals will be opened and declared publicly.

e. Submittal of One Proposal Only.

No individual or business entity of any kind shall be allowed to make or file, or to be inter-ested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity which has submitted a sub-proposal to a Consult-ant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consult-ants submitting proposals.

f. Communications.

All timely requests for information submitted in writing will receive a written response in the form of an Addendum from MAP. All communications related to this RFP must be di-rected to the email previously identified in this RFP and must reference this name and num-ber of this RFP in the subject line.

 

2. AGREEMENT AWARD AND EXECUTION

a. Proposal Retention and Award.

MAP reserves the right to retain all proposals for a period of 60 days for examination and comparison. MAP also reserves the right to waive non-substantial irregularities in any pro-posal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations, and to make award to the most qualified responsive Respondent as the interest of MAP may require. See the Special Terms and Conditions for any other proposal evaluation and award criteria.

b. Competency and Responsibility of Consultant.

MAP reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Respondents. Respondents will provide, in a timely manner, any and all information which the MAP deems necessary to make such a decision.

c. Agreement Requirement.

The Respondent to whom this award is made shall execute a written contract with MAP within ten (10) calendar days after notice of the award has been sent by mail to it at the ad-dress given in its proposal. The contract shall be made in the form adopted by MAP.

d. Failure to Accept Agreement.

The following will occur if the Respondent to whom the award is made fails to enter into the contract: the award will be annulled and an award may be made to the next qualified, Respondent who shall fulfill every stipulation as if it were the party to whom the first award was made.

e. Insurance Requirements.

The selected Respondent shall provide proof of insurance in the form, coverages, and amounts specified in section D ‘’Insurance Requirements’ of this RFP within ten (10) cal-endar days after notice of contract award as a precondition to contract execution.

f. Business License.

The selected Respondent must have a valid Puerto Rico business license/registration prior to execution of the contract.

3. CONTRACT PERFORMANCE

a. Ability to Perform.

The Respondent warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal and local laws, ordinances, and regu-lations.

b. Laws to be Observed.

The Respondent shall keep itself fully informed of and shall observe and comply with all
applicable local and federal laws and regulations and adopted codes during its performance of the work. Also, the Respondent shall be able to certify that the works done by the archi-tects and contractors satisfy with the Museo’s seismic retrofitting.

c. Payment of Taxes.

The contract prices shall include full compensation for all taxes, which the Respondent is
required to pay.

d. Permits and Licenses.

The Respondent shall procure all permits and licenses associated with doing business, pay all charges and fees, and give all notices necessary.

e. Safety Provisions.

The Respondent shall conform to the rules and regulations pertaining to safety established by OSHA and the Puerto Rico agencies.

f. Consultant Non-Discrimination.

In the performance of this work, the Respondent agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. Also, the Respondent will comply with all local and federal anti-discrimination statutes and regulations, and make sure that any subcontractors will also do so.

g. Work Delays.

Should the selected Respondent be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the MAP, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at MAP’s sole option, be extended for such pe-riods as may be agreed upon by MAP and the selected Respondent. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, MAP may, at the time of acceptance of the work, waive damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the rea-sons for such delay, and making a finding as to the causes of same.

h. Payment Terms.

MAP’s payment terms are 30 days from the receipt of an original invoice and acceptance by MAP of the materials, supplies, equipment, or services provided by the selected Respondent (Net 30).

i. Inspection.

The selected Respondent shall furnish MAP with every reasonable opportunity for MAP to ascertain that the services of the selected Respondent are being performed in accordance with the requirements and intentions of this contract. All work done and all materials fur-nished, if any, shall be subject to MAP’s inspection and approval. The inspection of such work shall not relieve selected Respondent of any of its obligations to fulfill its contract re-quirements.

j. Audit.

MAP shall have the option of inspecting and/or auditing all records and other written mate-rials used by selected Respondent in preparing its invoices to MAP as a condition precedent to any payment to Respondent.

k. Interests of Respondent

The selected Respondent covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The selected Respondent further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The selected Respondent certifies that no one who has or will have any financial interest in performing this work is an officer or employee of MAP. It is hereby ex-pressly agreed that, in the performance of the work hereunder, the Selected Respondent shall at all times be deemed an independent contractor and not an agent or employee of MAP.

 

l. MBE/WBE and Section 3 Requirements.

i. Six (6) Affirmative Steps

The Code of Federal Regulations Title 40 Part 31.36(e), “Procurement,” requires the Recipi-ent and Prime Contractor to take all necessary affirmative steps to assure that minority-owned and women-owned businesses are afforded contracting opportunities. This policy applies to all contracts, subcontracts and procurements for services (including engineer-ing and legal), supplies, equipment, and construction. The goal of this policy is to make MBE/WBE firms aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. To achieve this goal, the affirmative steps, otherwise known as “six good faith efforts,” that must be followed are:

  1. Include qualified small and minority businesses and women’s business enter-prises on solicitation lists;
  2. Ensure that small and minority and women’s businesses are solicited when-ever they are potential sources of products or services to be bid;
  3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority and wom-en’s businesses (i.e. provide alternative bidding scenarios);
  4. Establish delivery schedules to encourage participation by small and minority and women businesses (i.e. timing and flexibility);
  5. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency, U.S. Department of Commerce;
  6. Require the Prime Contractor to take affirmative steps as outlined in items one through five above to subcontract with small and minority and women’s businesses, if they award subcontracts.

ii. “Good Faith” Effort Compliance Documentation

The Recipient and Prime Contractors must provide documentation to support a “good faith” effort in the solicitation of MBE and WBE firms only. A Prime Contractor is a business concern that en-ters into written agreements directly with the Recipient which includes agreements to provide ser-vices (including engineering and legal), supplies, equipment and construction. The submission of documentation to support a “good faith” effort in the solicitation of Small Business Enterprise is not required; however, the Recipient and Prime Contractor must maintain this documentation in their files for possible future reference. Documentation may include the following:

  1. Copies of announcements/postings in newspapers or other media for specific con-tracting/subcontracting opportunities. Include language in announcements/postings that MBE/WBE firms are encouraged to bid.
  2. Copies of announcements/postings of contracting/subcontracting opportunities in trade publications or minority media that target MBE and/or WBE firms.
  3. Documentation of sources used to identify potential MBE/WBE firms.
  4. Documentation of contacts with MBE/WBE firms, including the firm name, ad-dress, telephone number dates of phone calls, letters and the contract results.
  5. Copies of direct solicitation letters sent to all MBE/WBE firms.
  6. Copies of the MBE/WBE certification documentation for all proposed prime and subcontractor MBE/WBE firms
  7. Documentation showing Prime Contractor has made the six good faith efforts to seek qualified MBE/WBE subcontracts – to the extent they use subcontractors.

Searches should be done of potentially qualified MBE/WBE businesses. From these lists, identify those businesses in your area to directly solicit. Solicit businesses that you would reasonably expect to respond and submit a quote. To ensure the Recipient is given credit for good-faith outreach ef-forts, the Recipient should document the searches executed and the results of the searches, describe criteria used to determine who on the list(s) to directly solicit (probably area code or distance) and describe any other resources used to seek qualified MBE/WBE firms to solicit. The Recipient must pass the outreach guidance to Prime Contractors because they are likewise required to make good faith outreach efforts when searching of MBE/WBE subcontractors. Prime Contractors are also re-quired to document their outreach efforts just as project owners are.

iii. Section 3 Requirements

    1. Project Owner
      The Project Owner, as a recipient of more than $200,000 in HOME/CDBG (as applicable) funds, shall meet Section 3 objectives to the greatest extent feasible in accordance with all Federal, state and local laws and regulations for training, employment and contracting opportunities generated as a result of the project.
    2. Prime Contractors
      Contractors and subcontractors performing work on the project for which the amount of the contract or subcontract exceeds $100,000, shall meet Section 3 objectives to the greatest extent feasible in accordance with all Federal, state and local laws and regulations for training, employment and contracting op-portunities generated as a result of the project.
    3. Material Suppliers
      Section 3 objectives are not applicable to contracts for the purchase of sup-plies and materials that do not include the installation of the material. How-ever, Section 3 objectives are applicable whenever a contract for materials, which exceeds $100,000, includes the installation of the materials.
    4. Applicability to Entire Project
      Section 3 requirements apply to the entire project.

End of Section

 

SPECIAL TERMS AND CONDITIONS

1. PROPOSAL CONTENT.

The Proposal must include the following information in the order listed below. Any proposals that deviate from the content requirements and order outlined below may be deemed nonresponsive by MAP.

a. Executive Summary

The Executive Summary should be presented in letter format and must be signed by an individual who is authorized to negotiate terms, render binding decisions and commit the firm’s resources (e.g., the president or executive director of a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship). The letter should provide a brief history and description of the firm’s business organization and experience as it relates to the requirements discussed previous-ly, include the location of offices and the number, include a discussion of the specific expertise and services that distinguish the firm, as well as the firm’s understanding of the RFP requirements and approach to the same.

b. Qualifications of Consultant and Subcontractors

Notice is hereby given to all interested parties that all firms will be required to meet all of the min-imum qualifications to be considered for this project. To be recognized as qualified, interested firms shall have, as a minimum:

  1. Provided Owner’s Representative services within the last three (3) years for at least two (2) projects each more than $2,500,000.00 (project costs).
  2. The proposed team must have experience providing Owner’s Representative services for at least three (3) renovation focused projects of similar scope and complexity.
  3. Demonstrated experience managing multiple construction projects at the same time where the contracting may include prime trade contractors, general contractors, and CM/GC delivery methods.
  4. Firms must comply with all applicable local licensing and other legal requirements to provide Owner’s Representative services in Puerto Rico, including any construction management and engineering licensing, as applicable.
  5. If the proposed team is a partnership or sub-consultant relationship, the firm should demonstrate previous success working with their sub-consultant partners on past pro-jects.

c. Additional Preferred Qualifications

The following distinguishing experiences are additional requirements for consideration for this RFP. It is encouraged that all proposing firms possess these skills, but it is not required. Selection prefer-ence will be considered for firms with the best and most recent experience.

  1. A project manager who has demonstrated experience working with and successfully meeting the goals of an executive-level oversight committee.
  2. Team members who have relevant experience in managing public sector planning, design, and construction projects.
  3. Mastery of developing and maintaining program/project schedules that consolidate multiple projects.
  4. Firm and team members who have demonstrated success in construction estimating, construction cost forecasting, and verification of total project costs.
  5. A proposed team that has experience operating, managing, and providing value with integrated project management control systems.
  6. Firms can provide examples of previous projects that demonstrate experience manag-ing involving museums or fine arts facilities.

d. Plan of Work

  1. A straightforward and concise statement of how the contract work would be per-formed. Provide a breakdown of the tasks to be performed with a detailed descrip-tion of work performed for each task. Include estimated man-hours for each task.
  2. Tentative schedule for completing the work. Show estimated weeks for each task. Include estimated time for MAP review and response time.
  3. Any other information that would assist us in making this contract award decision.

e. Proposed Compensation.

Proposed work hours and hourly billing rates for each phase.

f. Certifications.

Respondent must include the executed Certification Regarding Debarment, Suspension and Other Responsibility Matters, Certification Regarding Lobbying, and all signed proposal Addenda in their proposal submission.

2. PROPOSAL LENGTH AND COPIES TO BE SUBMITTED.

Respondents shall submit one hard copy of the Proposal along with one electronic copy on a USB drive in a sealed envelope to the following address:

Museo de Arte de Ponce
2325 Blvd. Luis A. Ferré Aguayo
Ponce, PR 00717.

Respondents must include the RFP Number, RFP title, RFP deadline date and time, and Respond-ent name, address, telephone number, and email on the sealed envelope. The first page of the pro-posal shall indicate the RFP number indicated on the cover page of this RFP. Any requirements in the RFP that cannot be met must be so indicated in the proposal. Respondents must respond to the entire RFP. If a price proposal form is provided in Microsoft Excel format, Respondent shall return its completed price proposal form in Microsoft Excel format, in addition to the remaining portions of its response to this RFP in PDF format. No FAX submittals will be accepted.

3. PROPOSAL EVALUATION AND CONSULTANT SELECTION.

Respondents will be evaluated by a review committee based on the following criteria/points:

  • 15 Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by MAP.
  • 15 Background/related experience of the specific individuals and consultants to as-signed to this project.
  • 10 Recent Owner’s Representative experience in repair of historic facilities
  • 15 Experience in working with FEMA and SHPO projects.
  • 15 Proposed approach and time frame in completing the work.
  • 10 Understanding of the work required by MAP and walk-through participation.
  • 10 Ability to develop the project in Puerto Rico.
  • 10 Quality and responsiveness of the proposal.

100 Total Points

As reflected above, the selection will not be based on price, but on a combination of factors as de-termined to be in the best interest of MAP. After evaluating the proposals, the review committee may choose to conduct interviews with the top respondents. The committee will rate respondents as to the most qualified consultant for the job. MAP reserves the right to further negotiate the pro-posed work and/or method and amount of compensation with the top-rated consultant. If an agreement is not reached, negotiations will be discontinued and MAP may begin negotiations with the next designated consultant on the list. MAP reserves the right at its sole discretion to reject any and all proposals or to cancel this RFP entirely if determined to be in its best interest.

4.PROPOSAL REVIEW, CONSULTANT SELECTION AND AWARD SCHEDULE.

The following is an outline of the anticipated schedule for proposal review and agreement award. MAP may alter this schedule at its sole discretion:

Date Event
June 20, 2022 RFP Publication in Website
June 22, 2022 RFP Publication in Newspaper
June 27, 2022 Deadline to Register, 5 pm EST
June 27, 2022 Inquiry deadline, 5 pm EST
June 28, 2022 Response to Inquiries
July 1st, 2022 Deadline to submit Proposals; 5 pm EST
July 11, 2022 Finalist interviews (at the discretion of MAP)
July 15, 2022 Notice of Award Expected Date

 

5.PROJECT MANAGEMENT.

The proposal must identify a Project Manager who will oversee all work to be done throughout the duration of this program. The Project Manager appointed at the beginning of the project should re-main throughout the project until its completion. The Project Manager must have an established rec-ord for completing projects on time and within budget. The Project Manager will be the liaison be-tween the selected Respondent and MAP staff, the architectural and Construction firms, and with staff of other involved agencies. The selected Respondent shall not switch the Project Manager without written approval of the MAP.

6. INFORMATION PROVIDED BY MAP.

MAP shall make available to the Consultant copies of any maps, plans, record drawings and survey notes in its possession which are applicable to the project. MAP does not guarantee the accuracy
of the maps, plans, record drawings and survey notes; therefore, it is the responsibility of the se-lected Consultant for field checking and verifying information prior to its use.

7. INSURANCE REQUIREMENTS.

Refer to Section “D” requirements for Respondents. Respondent shall supply information on the provided Insurance summary sheet showing the names of insurance carriers and levels of insurance routinely carried by the Respondent during the normal course of business. Respondent shall be re-sponsible to verify that current coverages are adequate prior to submitting proposal and are encour-aged to submit information to Project Manager, prior to proposal submittal, so that a determination by MAP can be made. If current coverages are not adequate, then respondent is responsible to ob-tain adequate insurance prior to award of contract.

8. AGREEMENT EXTENSION.

The term of the agreement may be extended by mutual consent. During this extended period, lump sum prices may not be increased.

9. CONSULTANT INVOICES.

The selected Respondent shall submit a monthly statement to MAP for work completed, itemized by task. Statements shall reflect total hours billed and hourly charge rates for extra work and “hour-ly not to exceed” tasks.

10. OWNERSHIP OF MATERIALS.

All original drawings, plan documents and other materials prepared by or in possession of the se-lected Respondent as part of the work or services under these specifications shall become the per-manent property of MAP, and shall be delivered to MAP upon demand, as indicated in the con-tract.

11. RELEASE OF REPORTS AND INFORMATION.

Any reports, information, data, or other material given to, prepared by or assembled by the selected Respondent as part of the work or services under these specifications shall be the property of MAP and shall not be made available to any individual or organization by the selected Respondent with-out the prior written approval of MAP.

12. COPIES OF REPORTS AND INFORMATION.

If MAP requests additional copies of reports, drawings, specifications, or any other material in ad-dition to what the selected Respondent is required to furnish in limited quantities as part of the work or services under these specifications, the selected Respondent shall provide such additional copies as are requested, and MAP shall compensate the selected Respondent for the costs of dupli-cating of such copies at the selected Respondent’s direct expense.

13. TERMINATION/TEMPORARY SUSPENSION OF CONTRACT.

If, at any time during the term of the contract MAP determines that the project is not feasible due to funding shortages or unforeseen circumstances, MAP reserves the right to terminate the contract or suspend the contract for a time until such issues are resolved. Selected Respondent will be paid compensation due and payable to the date of termination or temporary suspension.

14. EXTRA WORK/WORK OUT OF SCOPE.

If the Project Manager and the selected Respondent believe that the work is outside of the scope of the original contract, the Respondent shall inform MAP immediately. If MAP and Respondent both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Respondent’s hourly billing rates or a lump sum price agreed upon between MAP and the Respondent. Any extra work performed by the Respondent without prior written approval from MAP shall be at Respondent’s own expense.

End of Section

 

INSURANCE REQUIREMENTS

The selected Respondent as MAP’s Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance – for consultant and subconsultants. Coverage shall be at least as broad as:

  1. Certification of insurance policy from the Corporación del Fondo del Seguro del Estado (CFSE) for all its employees and contractors. If the Consultant has employees and con-tractors that do not work in the Commonwealth of Puerto Rico or are not covered by the CFSE, then the Consultant must have an independent Workers Compensation policy for those individuals.
  2. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal in-jury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to this pro-ject/location and the general aggregate limit shall be $2,000,000 and ISO coverage form CG2503- General Aggregate per Project.
  3. Errors and Omissions- The OR must have errors and omissions liability¬ insurance as ap-propriate to the consultant’s profession that covers any damages caused. Minimum Lim-its of Insurance $5,000,000.
  4. Umbrella Policy with a $5,000,000 limit.
  5. Comprehensive or Business Automobile Liability; Personal Injury (including bodily Inju-ry) and Property Damage – $1,000,000
  6. Employer’s Liability – $1,000,000 Bodily Injury by Accident/ $1,000,000 Bodily Injury by Disease/ $2,000,000 Bodily Injury by Disease Aggregate
  7. Additional endorsement in favor of The Luis A. Ferré Foundation Inc. &/or Museo de Arte de Ponce.
  8. Hold Harmless Agreement
  9. Waiver Subrogation
  10. 60 Days Cancellation Notice &/or Non-Renewal
  11. Letter from Insurance Company certifying policy payment.

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be de-clared to and approved by MAP. At the option of MAP, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects MAP, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related inves-tigations, claim administration and defense expenses.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

  1. MAP, its officers, trustees, officials, employees, agents and volunteers are to be cov-ered as insureds as respects: liability arising out of activities performed by or on be-half of the Consultant; products and completed operations of the Consultant; prem-ises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limita-tions on the scope of protection afforded to MAP, its officers, official, employees, agents or volunteers.
  2. For any claims related to this project, the Consultant’s and subconsult-ant’s/subcontractor’s insurance coverage shall be primary insurance as respects to MAP, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by MAP, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
  3. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
  4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return re-ceipt requested, has been given to MAP.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-.

Verification of Coverage. Consultant shall furnish MAP with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorse-ments are to be received and approved by MAP before work commences and MAP can request an updated copy of the policy at any time.

 

SPECIAL PROVISIONS FOR FEDERALLY-FUNDED CONTRACTS

1. REMEDIES.

In addition to the remedies included elsewhere in this Agreement, should OR violate or breach the terms of this Agreement, MAP will be entitled to request specific performance by the Consultant as equitable relief. In the alternative, MAP may seek any administrative or legal remedies available to it under the applicable jurisprudence, laws, and regulations.

2. TERMINATION FOR CAUSE AND CONVENIENCE.

The Agreement shall terminate at the convenience of either party upon 60 days written notice pro-vided by one of the parties. Either party may also immediately terminate the Agreement for cause upon a material breach of the Agreement by the other party, provided the breaching party does not cure the breach within seven (7) days. Material Breach includes, but is not limited to, a party’s fail-ure to comply with the obligations included in the RFP and the contract. In the event that MAP terminates this Agreement, MAP shall compensate Consultant for the adequate services completed prior to the date of termination.

3. EQUAL EMPLOYMENT OPPORTUNITY.

During the performance of this contract, Consultant agrees as follows:
(1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender iden-tity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ap-prenticeship. The Consultant agrees to post in conspicuous places, available to employees and appli-cants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment with-out regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or dis-closed the compensation of the employee or applicant or another employee or applicant. This provi-sion shall not apply to instances in which an employee who has access to the compensation infor-mation of other employees or applicants as a part of such employee’s essential job functions disclos-es the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant’s legal duty to furnish information.

(4) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and rules, regulations, and orders of the Secretary of Labor, or pursuant there-to, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regula-tions, and orders.

(7) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this con-tract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Govern-ment contracts or federally assisted construction contracts in accordance with procedures author-ized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless ex-empted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, in-cluding sanctions for noncompliance:

Provided, however, that in the event Consultant becomes involved in, or is threatened with, litiga-tion with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The MAP further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provid-ed, that if the MAP so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The MAP agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may re-quire for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The MAP further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction con-tracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the ad-ministering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the MAP agrees that if it fails or refuses to comply with these undertakings, the admin-istering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assis-tance to the MAP under the program with respect to which the failure or refund occurred until sat-isfactory assurance of future compliance has been received from such MAP; and refer the case to the Department of Justice for appropriate legal proceedings.

4. COMPLIANCE WITH THE COPELAND “ANTI-KICKBACK” ACT

Contractor. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the require-ments of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this con-tract.
Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the previous clause and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be re-sponsible for the compliance by any subcontractor or lower tier subcontractor with all of these con-tract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

5. COMPLIANCE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensa-tion at a rate not less than one and one-half times the basic rate of pay for all hours worked in ex-cess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The appropriate Federal agency, or the loan or grant recipient shall upon its own action or upon written request of an authorized representa-tive of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compli-ance by subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

(5) Further Compliance with the Contract Work Hours and Safety Standards Act.

(i) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the comple-tion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, so-cial security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

(ii) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representa-tives to interview employees during working hours on the job.

6. CLEAN AIR ACT

(1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Consultant agrees to report each violation to the MAP and understands and agrees that the MAP will, in turn, report each violation as required to assure notification to the Federal Emer-gency Management Agency, and the appropriate Environmental Protection Agency Regional Of-fice.
(3) The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

7. FEDERAL WATER POLLUTION CONTROL ACT

(1) The Consultant agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Consultant agrees to report each violation to the MAP and understands and agrees that the MAP will, in turn, report each violation as required to assure notification to the Federal Emer-gency Management Agency, and the appropriate Environmental Protection Agency Regional Of-fice.
(3) The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

8. DEBARMENT AND SUSPENSION

By signing and submitting its bid or proposal and signing this contract, the Consultant agrees to comply with the following:
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (de-fined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, sub-part C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by MAP. If it is later deter-mined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, sub-part C, in addition to remedies available to the commonwealth of Puerto Rico and MAP, the feder-al government may pursue available remedies, including but not limited to suspension and/or de-barment.
(4) Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

9. BYRD ANTI-LOBBYING AMENDMENT

The Consultant and any Subcontractors shall comply with the Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended), ensuring that any Federal appropriated funds are not used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Consultant shall also disclose as required any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award associated with this contract. The Consultant shall and shall require any Subcontractors to execute the Certificate Regarding Lobby-ing attached hereto and incorporated herein as Appendix D.

10. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICA-TIONS EQUIPMENT OR SERVICES

(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered tele-communications equipment or services; interconnection arrangements; roaming; substantial or essen-tial component; and telecommunications equipment or services have the meaning as defined in FE-MA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommu-nications Equipment or Services As used in this clause—

(b) Prohibitions.

(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibits the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agree-ment, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcon-tractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommu-nications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, sys-tem, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommu-nications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contrac-tual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Exceptions.

(1) This clause does not prohibit contractors from providing—

a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or oth-erwise handles.

(2) By necessary implication and regulation, the prohibitions also do not apply to:

a. Covered telecommunications equipment or services that:

i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.

b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

(d) Reporting requirement.

(1) In the event the Consultant identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a sub-contractor at any tier or by any other source, the Consultant shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this con-tract are established procedures for reporting the information.
(2) The Consultant shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Subcontractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submis-sion of covered telecommunications equipment or services.

(e) Subcontracts. The Consultant shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

11. DOMESTIC PREFERENCE FOR PROCUREMENTS.

As appropriate, and to the extent consistent with law, Consultant should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materi-als produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

12. ACCESS TO RECORDS AND REPORTS.

(1) The Consultant agrees to provide the MAP, the COR3 (or Recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatso-ever or to copy excerpts and transcriptions as reasonably needed.
(3) The Consultant agrees to provide the FEMA Administrator or his authorized representatives ac-cess to construction or other work sites pertaining to the work being completed under the contract.
(4) In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the MAP and Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

13. CONTRACT CHANGES OR MODIFICATIONS

If, at any point during this Agreement’s period of performance additional services are identified, MAP and Consultant shall meet to discuss any additional services necessary to meet MAP’s disas-ter recovery needs. If such event occurs, the Parties will amend this Agreement, including an ad-justment to the Not to Exceed Amount, as needed, to include the additional services. Upon such request, the Consultant shall prepare an estimate of the additional costs and time required, if any, to perform the amended, modified, or changed Services. Any applicable Task Order shall be revised and incorporated into the Agreement upon mutual agreement. If a new project is requested by MAP addressing new contract scope elements or outside of scope of existing Task Orders, Consultant shall prepare an additional Task Order, subject to the terms and conditions of the Agreement, and such new Task Order shall be incorporated into the Agreement once accepted by MAP. The Parties may also agree to amend or modify the general terms and conditions of this Agreement, including the scope of work, upon mutual agreement.

14. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, AND FLAGS.

The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Consultant shall include this provi-sion in any subcontracts.

15. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS.

The Consultant acknowledges that FEMA financial assistance will be used to fund all or a portion of the contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

16. NO GOVERNMENT OBLIGATION BY FEDERAL GOVERNMENT.

The MAP and Consultant acknowledge and agree that the federal government is not a party to this contract and is not subject to any obligations or liabilities to the MAP, Consultant, or any other par-ty pertaining to any matter resulting from the contract.

17. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RE-LATED ACTS.

The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

18. AFFIRMATIVE SOCIOECONOMIC STEPS.

If subcontracts are to be let, the Consultant is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enter-prises, and labor surplus area firms are used when possible.

19. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DA-TA RIGHTS.

The Consultant grants to the MAP, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the perfor-mance of this contract, the Consultant will identify such data and grant to the MAP or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for exam-ple, any written reports or literary works, software and/or source code, music, choreography, pic-tures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Consultant will deliver to the MAP data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the MAP.

End of Section

 

REQUIRED CERTIFICATIONS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RE-SPONSIBILITY MATTERS

INSTRUCTIONS FOR CERTIFICATION

  1. By signing and submitting this proposal, the CONTRACTOR (referred to herein as the “pro-spective lower tier participant”) is providing the certification set out below.
  2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other rem-edies available to the Federal Government the department or agency with which this transac-tion originated may pursue available remedies, including suspension and/or debarment.
  3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
  4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transac-tion, participant, person, primary covered transaction, principal, proposal, and voluntarily ex-cluded, as used in this clause, have the meaning set out in the Definitions and Coverage sec-tions of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
  5. The prospective lower tier participant agrees by submitting this proposal that, should the pro-posed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, sub-part 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
  6. The prospective lower tier participant further agrees by submitting this proposal that it will in-clude this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
  7. A participant in a covered transaction may rely upon a certification of a prospective partici-pant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-Procurement Programs.
  8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
  9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineli-gible, or voluntarily excluded from participation in this transaction, in addition to other reme-dies available to the Federal Government, the department or agency with which this transac-tion originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AN VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONS

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligi-ble, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

 


CONTRACTOR Company Name                                                          RFP Number

 


Name

 


Title

 


  Signature                                                                                                     Date

 

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the un-dersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any co-operative agreement, and the extension, continuation, renewal, amendment, or modifica-tion of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than 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 in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and con-tracts under grants, loans, and cooperative agreements) and that all subrecipients shall cer-tify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for mak-ing or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobby-ing Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CONTRACTOR certifies or affirms the truthfulness and accuracy of each statement of its cer-tification and disclosure, if any. In addition, CONTRACTOR understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

 


CONTRACTOR Name

 

 


Signature of Contractor’s Authorized Official

 

 


Name and Title of Contractor’s Authorized Official                                                         Date