Notice inviting Request for Proposals for Design Services

NOTICE INVITING REQUEST FOR PROPOSALS FOR DESIGN SERVICES

 MUSEO DE ARTE DE PONCE PONCE, PUERTO RICO

Design Services

 RFP 2022-01

 

NOTICE IS HEREBY GIVEN THAT the MUSEO DE ARTE DE PONCE in Ponce Puerto Rico, will receiveRequest for Proposals(RFP) for Design Services related to the Repair, Reconstruction and Seismic Retrofitting Services of the Museum Building after the 2020 Earthquakes.

 

General Work Description. Work with the Museo de Arte de Ponce (MAP) and its RecoveryContractor, to develop a scope of work, conduct damage assessments, investigate structural, architectural,and soil conditions, and design and provide construction documents for the seismic repair of MAP buildings. The repairs must be consistent with federal and local codes andregulations and requirements.

 

A mandatory, compulsory site walk /meeting will be held at February 11, 2022.

 

Thisproject 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 policies.

 

Interested qualified parties are invited to submit proposals. The submittals are due February 23, 2022. Respondents shall submit one electronic PDF proposal via email to Rubí Rodríguez at [email protected].

 

Any firms interested in this RFP must register bysending an email to:[email protected]by February 14, 2022.

 

All inquiries, requests for additional information and questionsshould also be submitted electronically to [email protected] and must besubmitted no later than February 14, 2022.All communications regarding this RFP must include the RFP number in the subject line.

 

Responses to any inquiries received, if any, will be distributed via Addendum to all firms who express interest in this RFP pursuant to these instructions and in accordance with the deadlines stated in the table below.

 

 

Date Event
February 5, 2022 RFP Publication in Website
February 8, 2022 RFP Publication in Newspaper
February 11, 2022 Walkthrough for Interested Parties (Sitewalk)
February 14, 2022 Deadline to Register
February 14, 2022 Inquiry deadline
February 15, 2022 Response to Inquiries
February 23, 2022 Deadline to submit Proposals
February 24- March 1, 2022 Finalist interviewsexpected (at the discretion of MAP)
March 31, 2022 Notice of award expecteddate

 

Submissions received after thedate and time stated above will not be considered. Please note that the RFP timeline includes target dates and may change subject to the sole discretion of MAP.

REQUEST FOR PROPOSAL

 MUSEO DE ARTE DE PONCE

Design Services related to the Repair, Reconstruction and Seismic Retrofitting Services of the Museum Building After the 2020 Earthquakes

DESCRIPTION OF WORK

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.

The 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 comprisethe MAP: the Durell Stone Building, where the galleries and art collection are located; and the Annex Building, where the library, conservation laboratory, store, and administrative offices are located.

The qualified successful consultant 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 construction and any other repairs necessary to upgrade the MAP to current Building Codes.

 

PROJECT INFORMATION.

 

  • 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. TheDurell Stone building presented extensive cracking and separation of exterior concrete masonry walls, interior lath and plaster; concrete walls,ceiling plaster triangles, architectural features and other building components were also damaged. The buildingwas 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 nonstructural 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 isoftenreferredto as La Perla del Surand La Ciudad Señorial. It is both a city and a municipality on the southern coast of Puerto Rico. Ponce is thefourth most populated city outside the San Juan metropolitan area with a population of166,327 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 Institute of Architects in 1967 for the design of the MAP. The main footprint of the Museum is 50,994 square feet.

MAP is seeking competent companies who can provide architecture, engineering and seismic engineering services to assess and make repairs which will comply with currentconstruction codes.

 

  • 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 policies.

 

  • Federal Project Requirements.

 The Consultant shall be responsible formanaging, designing and providing construction documents and plans inaccordance with all applicable local and Federal requirements. The selected Consultant shall be responsible fordetermining, adhering to, and incorporating the local and federal requirements into the project. Seesection “E” for Special Provisions for Federally-Funded Projects.

 

  • Scope of Project.

 The following is the preliminary scope for the project, which is subject tochange upon further research, testing, analyzing, and refining by the selected Consultant and the MAP. The MAP and selected Consultant recognize that the scope of work must comply with all federal and local requirements and must also take into consideration all theexistingand completed studies to develop a project based on testing results. The selected Consultant will prepare plans and specifications for a construction project based on thescope of work by approved by the MAP and in compliance with applicable federal and local requirements.

 

  • Seismic Safety and Other Building Repairs

 Supervise repairs of the earthquake damageto the existing facilities and bringthe buildings back to the condition prior to the earthquake as approved by the MAP and in compliance with federal and local requirements.

 

  • Codes and Standards

 Bring existing facilities into compliancewithcurrent codes in Puerto Rico and identify consensus-based codes and standards within the current FEMA policy and approved by the MAP.

 

  • Hazard Mitigation

 Provide improvements to existing facility to mitigate future seismic damage under thePublic Assistant Program, Section 406 Hazard Mitigation.

 

  • Project Goals
  1.  Repair damage caused by the 2020 Earthquakes.
  2. Protect occupants from health and safety hazards.
  3. Maintain historic/architectural integrity of the building.
  4. Extend service life of building.
  5. Comply with all federal and local requirements.

 

  • Scope of Consultant’s Work

 The selected Consultant will be responsible for providing all work; research, testing, coordination, and scheduling of meetingsrequired to ultimately provide a set of approved construction documents, permits and cost estimates forproject. The selected Consultant may hire all necessary subconsultants to assist in other areas, such asstructural, architectural, geotechnical mechanical, HVAC, and other specialties as necessary tocomplete the project, as long as they comply with all of the applicable federal and local requirements. Allsubconsultants shall be listed in the proposal.

Scope of Consultant’s work to include, but not necessarily limited to, the following minimumservices:

 

  • Facility Investigation/pre-design report.

 

1. Provide or arrange for all necessary field reconnaissance, mapping, analyzing, surveying,testing, code research, to aid in identifying damage assessment, project constraints andbuilding deficiencies. Identify improvements required to repair the buildings from damagecaused by the earthquakes, protect occupants during a major earthquake and preserve thehistoric character of the building.

Administration and negotiations with FEMA, SHPO, and other relevant agencies on the scope of work andmitigations, in coordination with MAP’s RecoveryConsultant.

Summarize a list of approved improvements in a pre-design report together with apreliminary estimate of cost for each item. Report should include a phasing plan forcompletion of all identified improvements, and a list of all required approvals and permits,such as, but not necessarily limited to, planning and architectural approvals, environmentalclearances, building permits, etc. Submit 5 copies (4 copies plusone unbound reproducible copy) of report to MAP’s Project Manager for review.

 

4. Conduct meetings with MAP to determine the final scope of improvements to be includedin the construction project.

 

  • Approval Process/Schematic Design.

 

  1. Prepare schematic plans based on the approved project scope for the constructionproject. The Consultant is aware that the main buildinghas historical and artistic value.The projectmust be designed to minimize impacts to the historic character of thebuilding and be approved by SHPO. Schematic plans will require enough level of detailfor environmental impacts to be determined. Consultant shall provide all fieldreconnaissance, surveying, testing and research as needed to facilitate design. Submit 5copies of schematic plans and updated cost estimate to Project Manager for review byMAP Staff. Revise plans and update estimate based on Staff comments.
  2. Prepare, process and coordinate planning and architectural approvals on behalf ofMAP including preparation of all necessary plans, applications, reports, renderings,exhibits, project descriptions, and submittals, as needed, for processing approvals. Attendmeetings, make presentations, completerevisions and resubmittals, and provide all work,coordination and documents as needed for gaining all project approvals. Submit a copy ofapplications &documents to Project Manager for review prior to submitting to agencies forprocessing.
  3. Prepare exhibits, project descriptions, construction details as needed forMAP’s Environmental Staff to perform an Initial Study and prepare an environmentaldocument. At this time staff assumes a Mitigated Negative Declaration will be preparedfor this project. Revise schematic plans and details as needed to incorporate mitigationsinto project.
  4. Submit a copy of final approved schematic plan and updated cost estimate to MAPProject Manager.

 

  • Permits.

 

Prepare and process any required permits on behalf of MAP including preparation ofall necessary plans, applications, exhibits, and project descriptions, submittals as neededfor processing permits. Attend meetings, make revisions and resubmittals, and provide allwork, coordination and documents as needed for gaining all project permits. Submit acopy of applications &documents to Project Manager for review prior to submitting toagencies for processing. Incorporate any permit conditions or requirements into project.

 

  • Construction/Bid Documents.

 

  1. Prepare construction documents including cost estimates, plans, details,specifications and bid documents, for project based on approved schematic design.Consultant shall be responsible for determining and incorporating federal and local requirementsinto construction documents. Consultant shall submit the documents toFEMA,SHPO and any other agency, as applicable.

 

  1. Consultant shall submit construction documents and detailed cost estimate to Project Manager for review by MAP Staff at 50%, 95% and 100% completion unless negotiated otherwise. Submit 5 copies(4 copies plus 1 reproducible unbound copy) for all draft reviews. Meet with MAP toreview comments.

 

  1. Revise documents based on MAP’s comments. Consultant’s standard drawing sheets. Draft plans may be submitted for review usingeither the full-size D (24×36) format or a reduced 11X17 format. Consultant shall ensurethat drawings and notes are clearly legible if using the reduced format. Specifications andbid documents shall conform to standard CSI formats. The Consultant will provide technicalspecifications, in a format to be approved by MAP, in MAP standard documents.The Specifications shall comply with all Federal and local laws regarding bidding of public projects.

 

  1. Consultant shall submit and process plans and specifications with MAP’s Staff for approval and required building permits.

 

  1. Submit final copy-ready construction/bid documents. Submit original plans on D sizemylar sheets and reduced 11×17 sheets. Each plan sheet and the title page of thespecifications shall be stamped and signed by the Consultant. Consultant shall also submitdocuments (drawings and specifications) on a computer disk in a format compatible withAutoCAD 2000 and Microsoft Word.

 

  1.  Submit final cost estimate. Estimate shall be broken down into line items and shall identifyitems of work that can potentially be deductive bid alternates. Use spreadsheet programcompatible with Microsoft Excel.

 

  • Bidding / Procurement Services.

 

  1. Provide consulting services throughout bidding.

 

  1. Provide written clarifications and addenda as needed during bidding phase.

 

  1. Assist MAP in planning and conducting pre-bid conference. Prepare and publish minutes of pre-bid conference.

 

  1. Review and analyze bids.

 

  • Construction Administration.

 

  1. Attend pre-construction meeting.

 

  1. Coordinate all inspections with FEMA and SHPO with MAP’s Recovery Consultant.

 

  1. Review and respond to requests for clarifications. Provide clarification drawings asneeded.

 

  1. Assist in contract change order preparation.

 

  1. Process, review and respond to submittals from contractor.

 

  1. Attend all on-site observations during construction, weekly meetings, or additional meetings as requested by MAP Inspector.

 

  1. Assist MAP with final inspection of project and preparing final punch list.

 

  1. Provide Record Drawings by transferring as-built information to original plans. FollowMAP’s standardized record drawing procedures.

 

  1. Submit original Record Drawings as well as a computer drawing file in a format approvedby the MAP.

 

End of Section

 

GENERAL TERMS AND CONDITIONS

 

PROPOSAL REQUIREMENTS

 

  • Requirement to Meet All Provisions.

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

 

  • Proposal Submittal.

 Respondents shall submit one electronic PDF proposal via email to Rubí Rodríguez at [email protected] The first page of the PDF proposal shall indicate the RFP number indicated on the cover page of this RFP. The subject line of the e-mail transmitting the PDF should also indicate the RFP number. Any requirements in the RFP that cannot be met must be soindicated in the proposal. Respondents must respond to the entire RFP. If a price proposal form isprovided in Microsoft Excel format, Respondent shall return its completed price proposal form inMicrosoft Excel format, in addition to the remaining portions of its response to this RFP in PDF format.

No FAX submittals will be accepted.

 

  • Proposal Withdrawal and Opening.

 A Consultant may withdraw its proposal, without prejudice prior to the time specified for theproposal opening, by submitting a written request to the MAP for its withdrawal, in whichevent the proposal will be returned to the Consultant unopened. No proposal received afterthe time specified or at any place other than that stated in the «Notice Requesting Proposals»will be considered. All proposals will be opened and declared publicly.

 

  • Submittal of One Proposal Only.

No individual or business entity of any kind shall be allowed to make or file, or to beinterested in more than one proposal, except an alternative proposal when specificallyrequested; however, an individual or business entity which has submitted a sub-proposal to aConsultant submitting a proposal, or who has quoted prices on materials to such Consultant, isnot thereby disqualified from submitting a sub-proposal or from quoting prices to otherConsultants submitting proposals.

 

  • Communications.

All timely requests for information submitted in writing will receive a written response in the form of an Addendum from MAP.

 

AGREEMENT AWARD AND EXECUTION

 

  • Proposal Retention and Award.

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

 

  • Competency and Responsibility of Consultant.

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

 

  • Agreement Requirement.

The Consultant to whom this award is made shall execute a written contract with MAP withinten (10) calendar days after notice of the award has been sent by mail to it at the addressgiven in its proposal. The contract shall be made in the form adopted by MAP.

 

  • Failure to Accept Agreement.

The following will occur if the Consultant to whom the award is made fails to enter into thecontract: the award will be annulled and an award may be made to the next qualified,

Responsive Consultant who shall fulfill every stipulation as if it were the party to whom the firstaward was made.

 

  • Insurance Requirements.

The Consultant shall provide proof of insurance in the form, coverages, and amounts specified in elsewhere in this RFP within ten (10) calendar days after notice of contractaward as a precondition to contract execution.

 

  • Business License.

The Consultant must have a valid Puerto Rico business license/registration prior to execution of thecontract.

 

CONTRACT PERFORMANCE

 

  • Ability to Perform.

The Consultant warrants that it possesses, or has arranged through subcontracts, all capitaland other equipment, labor, materials, and licenses necessary to carry out and complete thework hereunder in compliance with any and all federaland locallaws, ordinances, and regulations.

 

  • Laws to be Observed.

The Consultant shall keep itself fully informed of and shall observe and comply with all applicable local and federal laws and regulationsand adopted codes during its performance of the work.

 

  • Payment of Taxes.

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

 

  • Permits and Licenses.

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

 

  • Safety Provisions.

The Consultant shall conform to the rules and regulations pertaining to safety established byOSHA and the Puerto Rico agencies.

 

  • Consultant Non-Discrimination.

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

 

  • Work Delays.

Should the Consultant be obstructed or delayed in the work required to be done hereunder bychanges 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 thetime of completion may, at MAP’s sole option, be extended for such periods as may beagreed upon by MAP and the Consultant. In the event that there is insufficient time to grantsuch extensions prior to the completion date of the contract, MAP may, at the time ofacceptance of the work, waive damages which may have accrued for failure tocomplete on time, due to any of the above, after hearing evidence as to the reasons for suchdelay, and making a finding as to the causes of same.

 

  • Payment Terms.

MAP’s payment terms are 30 days from the receipt of an original invoice and acceptanceby MAP of the materials, supplies, equipment, or services provided by the Consultant (Net30).

 

  • Inspection.

The Consultant shall furnish MAP with every reasonable opportunity for MAP to ascertain thatthe services of the Consultant are being performed in accordance with the requirements andintentions of this contract. All work done and all materials furnished, if any, shall be subject toMAP’s inspection and approval. The inspection of such work shall not relieve Consultant ofany of its obligations to fulfill its contract requirements.

 

  • Audit.

MAP shall have the option of inspecting and/or auditing all records and other writtenmaterials used by Consultant in preparing its invoices to MAP as a condition precedent to anypayment to Consultant.

 

  • Interests of Consultant.

The Consultant covenants that it presently has no interest, and shall not acquire any interestdirect or indirect or otherwise, which would conflict in any manner or degree with theperformance of the work hereunder. The Consultant further covenants that, in the performanceof this work, no sub-consultant or person having such an interest shall be employed. TheConsultant certifies that no one who has or will have any financial interest in performing thiswork is an officer or employee of MAP. It is hereby expressly agreed that, in theperformance of the work hereunder, the Consultant shall at all times be deemed anindependent contractor and not an agent or employee of MAP.

 

MBE/WBE and Section 3 Requirements.

 

  • Six (6) AffirmativeSteps

The Code of Federal Regulations Title 40 Part 31.36(e), “Procurement,” requires the Recipient 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 engineering 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 followedare:

 

 

  1. Include qualified small and minority businesses and women’s business enterprises on solicitation lists;

 

  1. Ensure that small and minority and women’s businesses are solicited whenever they are potential sources of products or services to be bid;

 

  1. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority and women’s businesses (i.e. provide alternative bidding scenarios);

 

  1. Establish delivery schedules to encourage participation by small and minority and women businesses (i.e. timing and flexibility);

 

  1. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency, U.S. Department of Commerce;

 

  1. 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.

 

  • “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 enters into written agreements directly with the Recipient which includes agreements to provide services (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:

 

  • Copies of announcements/postings in newspapers or other media for specific contracting/subcontracting opportunities. Include language in announcements/postings that MBE/WBE firms are encouraged to bid.

 

  • Copies of announcements/postings of contracting/subcontracting opportunities in trade publications or minority media that target MBE and/or WBE firms.

 

  • Documentation of sources used to identify potential MBE/WBE firms.

 

  • Documentation of contacts with MBE/WBE firms, including the firm name, address, telephone number dates of phone calls, letters and the contract results.

 

  • Copies of direct solicitation letters sent to all MBE/WBE firms.

 

  • Copies of the MBE/WBE certification documentation for ALL proposed prime and subcontractor MBE/WBE firms

 

  • 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 efforts, 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 required to document their outreach efforts just as project owners are.

 

  • Section 3 Requirements

 

  • 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.

 

  • 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 opportunities generated as a result of the project.

 

  • Material Suppliers

Section 3 objectives are not applicable to contracts for the purchase of supplies and materials that do not include the installation of the material. However, Section 3 objectives are applicable whenever a contract for materials, which exceeds $100,000, includes the installation of the materials.

 

  • Applicability to Entire Project

Section 3 requirements apply to the entire project.

 

 End of Section

 

SPECIAL TERMS AND CONDITIONS

  

  • PRE-PROPOSAL MEETING.

A mandatory, compulsory pre-proposal meeting and job site walk-through will be held on February 11, 2022atMuseo de Arte de Ponce (MAP) in Ponce, PR. This meeting will be held to answer any questions regarding thisproject and allow prospective proposers to view the existing site.  Minutes of the pre-proposal meeting will be prepared and publish by MAP and transmitted to all registered prospective Consultants by Addendum.

 

  • PROPOSAL CONTENT.

The Proposal must include the following information in the order listed:

 

  • 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 if 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 your firm’s business organization and experience as it relates to the requirements discussed previously, include the location of offices and the number, include a discussion of the specific expertise and services that distinguish your firm, as well as your firm’s understanding of the RFP requirements and approach to the same.

 

  • Qualifications of Consultant and Sub-consultants

 

  1. Experience in performing similar work. Include descriptions of projects of similar scope and size. Identify historic projects involving seismic retrofitting developed involving FEMA funding and SHPO coordination. Include project dates, titles, and client/owner. List project managers and staff assigned to job including a description of the duties performed by each individual.

 

  1. At least three references from previous clients. Include phone numbers and project titles.

 

  1. Include curriculum vitae of the project manager and individuals who would be assigned to this project. Itis very important to MAP that a single project manager is in charge of the project and remains on the project through design.

 

  1. Submit at least one sample of construction documents prepared by proposer for a project of similar scope and involving FEMA funding.

 

  1.  A statement and explanation of any previous disqualifications or removals from government projects.

 

  1. Information on all proposed sub-consultants. Name, description and size of the firm. For each sub-consultant, provide resume of the project manager and individuals who would be assigned to this project.

 

  • Plan of Work

 

  1. A straightforward and concise statement of how the contract work would be performed. Provide a breakdown of the tasks to be performed with a detailed description of work performed for each task. Include estimated man-hours for each task.

 

  1. Tentative schedule for completing the work. Show estimated weeks for each task. Include estimated time for MAP review and response time.

 

  1. Any other information that would assist us in making this contract award decision.

 

  • Proposed Compensation.

Proposed work hours and hourly billing rates for each phase.  The six phases required are Facility Investigation/Pre -Design Report, Approval Process/Schematic Design, Permits, Construction/Bid Documents, Bidding Services, and Construction Administration. It is understood that at this time it is very difficult to estimate total scope of work since thetotal damage has not yet been determined.

 

  • Certifications.

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

 

  • PROPOSAL LENGTH AND COPIES TO BE SUBMITTED.

Proposals shall be kept to a minimum necessary to address the requirements of the RFP. One copy of the proposal must be submitted via email to [email protected]on or before the date and time shown, as specified on the “Notice Inviting Request for Qualifications for Design Services”.

 

  • PROPOSAL EVALUATION AND CONSULTANT SELECTION.

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

 

  1. 15 Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by MAP.
  2. 15 Background/related experience of the specific individuals and consultants to be assigned to this project.
  3. 10 Recent design experience in repair of historic unreinforced masonry buildings.
  4. 15 Experience in preparing construction documents and working with FEMA and SHPO projects.
  5. 15 Proposed approach and time frame in completing the work.
  6. 10 Understanding of the work required by MAP and walk-through participation.
  7. 10 Ability to develop the project in Puerto Rico.
  8. 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 determined to be in the best interest of MAP. After evaluating the proposals, the review committeewill conduct interviews with the top consultants. Consultants will be rated by the committee as to the most qualified consultant for the job. MAP reserves the right to further negotiate the proposed 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 will begin negotiations with the next designated consultant on the list.

 

PROPOSAL REVIEW, CONSULTANT SELECTION AND AWARD SCHEDULE.

The following is an outline of the anticipated schedule for proposal review and agreement award:

 

Date Event
February 5, 2022 RFP Publication in Website
February 8, 2022 RFP Publication in Newspaper
February 11, 2022 Walkthrough for Interested Parties (Site walk)
February 14, 2022 Deadline to Register
February 14, 2022 Inquiry deadline
February 15, 2022 Response to Inquiries
February 23, 2022 Deadline to submit Proposals
February 24- March 1, 2022 Finalist interviews expected (at the discretion of MAP)
March 31, 2022 Notice of award expected date

 

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 remain throughout the project until its completion. The Project Manager must have an established record for completing projects on time and within budget. The Project Manager will be the liaison between the Consultant and MAP staff, Commissions and with staff of other involved agencies. The Consultant shall not switch the Project Manager without written approval of the MAP. The Project Manager appointed by the Consultant shall be a Registered Professional Engineer in the Commonwealth of Puerto Rico or an Architect licensed to practice in the Commonwealth of Puerto Rico.

 

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 selected Consultant for field checking and verifying information prior to its use.

 

INSURANCE REQUIREMENTS.

Refer to Section “D” requirements for Consultants. Consultant shall supply information on the provided Insurance summary sheet showing the names of insurance carriers and levels of insurance routinely carried by the Consultant during the normal course of business. Consultant shall be responsible to verify that current coverages are adequate prior to submitting proposal and are encouraged to submit in formation to Project Manager, prior to proposal submittal, so that a determination by MAP can be made. If current coverages are not adequate then consultant is responsible to obtain adequate insurance prior to award of contract.

 

AGREEMENT EXTENSION.

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

 

CONSULTANT INVOICES.

The Consultant 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 “hourly not to exceed” tasks.

 

OWNERSHIP OF MATERIALS.

All original drawings, plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of MAP, and shall be delivered to MAP upon demand, as indicated in the contract.

 

RELEASE OF REPORTS AND INFORMATION.

Any reports, information, data, or other material given to, prepared by or assembled by the Consultant 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 Consultant without the prior written approval of MAP.

 

COPIES OF REPORTS AND INFORMATION.

If MAP requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or service sunder these specifications, the Consultant shall provide such additional copies as are requested, and MAP shall compensate the Consultant for the costs of duplicating of such copies at the Consultant’s direct expense.

 

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. Consultant will be paid compensation due and payable to the date of termination or temporary suspension.

 

EXTRA WORK/WORK OUT OF SCOPE.

If the Project Manager and the Consultant believe that the work is outside of the scope of the original contract, the Consultant shall inform the MAP’s Project Manager immediately. If the MAP’s Project Manager and Consultant 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 Consultant’s hourly billing rates or a lump sum price agreed upon between MAP and the Consultant. Any extra work performed by the Consultant without prior written approval from the MAP’s Project Manager shall be at Consultant’s own expense.

 

End of Section

 

 

 

 

INSURANCE REQUIREMENTS

 

The 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 contractors 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.

 

  1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury 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 project/location and the general aggregate limit shall be $2,000,000 and ISO coverage form CG2503- General Aggregate per Project.

 

  1. Umbrella Policy with a $5,000,000 limit.

 

  1. Comprehensive or Business Automobile Liability; Personal Injury (including bodily Injury) and Property Damage – $1,000,000

 

  1. 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

 

  1. Additional endorsement in favor of The Luis A. Ferre Foundation Inc.&/or Museo de Arte de Ponce.

 

  1. Hold Harmless Agreement

 

  1. Waiver Subrogation

 

  1. 60 Days Cancellation Notice &/or Non-Renewal

 

  1. Letter from Insurance Company certifying policy payment.

 

  1. Errors and Omissions Liability insurance as appropriate to the consultant’s profession. Minimum Limits of Insurance $1,000,000.

 

 

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared 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 investigations, claim administration and defense expenses.

 

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

 

  1. MAP, its officers, trustees, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to MPA, its officers, official, employees, agents or volunteers.

 

  1. For any claims related to this project, the Consultant’s and subconsultant’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.

 

  1. 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.

 

  1. 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 receipt 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:VII.

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 endorsements are to be received and approved by MAP before work commences.

 

SPECIAL PROVISIONS FOR FEDERALLY FUNDED CONTRACTS

 

  1. Remedies

In addition to the remedies included elsewhere in this Agreement, should Consultant 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.

  1. Termination for Cause and Convenience

The Agreement shall terminate at the convenience of either party upon 60 days written notice provided 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 failure 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.

  1. 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 identity, 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 apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants 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 without 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 disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses 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 thereto, 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, regulations, and orders.

(7) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this contract 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 Government contracts or federally assisted construction contracts in accordance with procedures authorized 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 exempted 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, including sanctions for noncompliance:

Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation 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: Provided, 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 require 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 contracts 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 administering 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 administering 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 assistance to the MAP under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such MAP; and refer the case to the Department of Justice for appropriate legal proceedings.

  1. 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 requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause above 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 responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract 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.

  1. 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 compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess 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 representative 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 subcontractor 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 compliance 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 completion 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, social 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 representatives to interview employees during working hours on the job.

  1. 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 Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(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.

  1. 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 Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(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.

  1. 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 (defined 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, subpart 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 determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the state of Texas and MAP, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

(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.

  1. 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 Lobbying attached hereto and incorporated herein as Appendix D.

  1. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications 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 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, 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 subcontractors 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 telecommunications 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, system, 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 telecommunications 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 contractual 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—

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

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

  1. Covered telecommunications equipment or services that:
  2. Are not used as a substantial or essential component of any system; and
  3. Are not used as critical technology of any system.
  4. 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 subcontractor 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 contract 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 submission 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.

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 materials 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.

 

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 whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) The Consultant agrees to provide the FEMA Administrator or his authorized representatives access 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.

 

CONTRACT CHANGES OR MODIFICATIONS

If, at any point during this Agreement’s period of performance additional services are identified, and/or a new disaster event occurs, MAP and Consultant shall meet to discuss any additional services necessary to meet MAP’s disaster recovery needs. If such event occurs, the Parties will amend this Agreement, including an adjustment 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.

 

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 Consultants hall include this provision in any subcontracts.

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.

 

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 party pertaining to any matter resulting from the contract.

 

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED 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.

 

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 enterprises, and labor surplus area firms are used when possible.

  • License and Delivery of Works Subject to Copyright and Data 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 performance 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 example, any written reports or literary works, software and/or source code, music, choreography, pictures 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.

 

REQUIRED CERTIFICATIONS

 Certification Regarding Debarment, Suspension and Other Responsibility Matters

INSTRUCTIONSFORCERTIFICATION

 

  1. By signing and submitting this proposal, the CONTRACTOR (referred to here in as the “prospective lower tier participant”) is providing the certification set out below.

 

  1. 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 remedies available to the Federal Government the department or agency with which thistransactionoriginatedmaypursueavailableremedies,includingsuspensionand/or debarment.

 

  1. Theprospectivelowertierparticipantshallprovideimmediatewrittennoticetothepersontowhich 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.

 

  1. Thetermscoveredtransaction,debarred,suspended,ineligible,lowertiercoveredtransaction,participant,person,primarycoveredtransaction,principal,proposal,andvoluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections 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.

 

  1. The prospective lower tier participant agrees by submitting this proposal that, should the proposed 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,subpart9.4,debarred,suspended,declaredineligible,orvoluntarilyexcludedfromparticipation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

 

  1. The prospective lower tier participant further agrees by submitting this proposal that it will include 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.

 

  1. Aparticipantinacoveredtransactionmayrelyuponacertificationofaprospectiveparticipantin a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, sub part9.4, debarred, suspended, in eligible, 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.

 

  1. 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.

 

  1. 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, in eligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

 

CERTIFICATION REGARDING DEBARMENT,  SUSPENSION,  INELIGIBILITY  AN VOLUNTARYEXCLUSION—LOWERTIER COVEREDTRANSACTIONS

 

  • The prospective lower tier participant certifies, by submission of this proposal, that neither itnoritsprincipalsispresentlydebarred,suspended,proposedfordebarment,declaredineligible,orvoluntarilyexcludedfromparticipationinthistransactionbyanyFederaldepartment or agency.

 

  • Where the prospective lower tier participant is unable to certify to any of the statements inthiscertification,suchprospectiveparticipantshallattachanexplanationtothisproposal.

 

__________________________             _______________________
CONTRACTOR Company Name                         RFP Number

 

_______________________

Name

 

_______________________

Title

 

_________________________                _______________________

Signature                                                                  Date

 

Certification Regarding Lobbying

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

 

  • NoFederalappropriatedfundshavebeenpaidorwillbepaid,byoronbehalfoftheundersigned, to any person for influencing or attempting to influence an officer or employeeofanagency,aMemberofCongress,anofficeroremployeeofCongress,oranemployeeofaMember of Congress in connection with the awarding of any Federal contract, the making ofany Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

 

  • IfanyfundsotherthanFederalappropriatedfundshavebeenpaidorwillbepaidtoanypersonfor 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 inconnectionwiththisFederalcontract,grant,loan,orcooperativeagreement,theundersignedshall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

 

  • The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contract sunder grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

 

This certification is a material representation of fact upon which reliance was placed when thistransactionwasmadeorenteredinto.Submissionofthiscertificationisaprerequisiteformakingor entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying 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 morethan$100,000 for each such failure.

 

CONTRACTORcertifiesoraffirmsthetruthfulnessandaccuracyofeachstatementofitscertification and disclosure, if any .In addition, CONTRACTOR understands and agrees that the provisions of31U.S.C.§3801et 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