2.2.1_Base IDIQ Exhibit 2_DR-4847-CTM PHC-Repair SOW_Final_8SEP2025.pdf

PERMANENT HOUSING CONSTRUCTION (PHC) - REPAIR

STATEMENT OF WORK (SOW)

TASK ORDER(s): TBD

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1. Background

On August 6, 2024, severe storms and straight-line winds caused extensive damage to the homes and developments on the individual properties within the Apsáalooke Nation (Crow) reservation in Montana. The event displaced numerous Tribal families which increased current housing shortages and further limited safe habitable occupancies.

The U.S. President signed a Disaster Declaration on November 14, 2024, making funds available to the Federal Emergency Management Agency (FEMA) to provide disaster assistance to the Apsáalooke Nation (Crow) Reservation in Montana, and the Permanent Housing Construction – Repair (PHC) program was approved on July 31, 2025. The Office of Response and Recovery (ORR), Recovery Directorate is seeking to repair and/or replace eligible applicant housing affected by the disaster. The services required are in support of the Individual Assistance (IA) program office, and disaster relief effort mission, DR-4847-CTM.

The damage to the houses and developments compromised roof, wall, and floor systems, exposing interiors of the affected structures. This allowed subsequent wind-driven rain to exacerbate the initial physical damages caused by the event, prolonging subsequent damages to the exterior and interior portions of the homes and their contents.

2. General Scope of Work

The purpose of this procurement is to acquire construction services to repair eligible applicant's dwellings, impacted on the Apsáalooke Nation (Crow) Reservation in Montana to a habitable condition per applicable Federal, State and Local codes. All repairs shall be made in a manner consistent with current local building codes, standards, permitting, inspection requirements, and all applicable local environmental planning and historic preservation (EHP) laws and regulations. The contractor(s) performing the repairs/improvements shall be licensed in the State of Montana and be a bonded building contractor to cover the scope of work described in this Statement of Work (SOW) and dollar threshold for the base Indefinite Delivery – Indefinite Quantity (IDIQ) type contract, and the terms and conditions of the base IDIQ contract, and associated Task Order contract(s). Note: The term “Contractor” will be used to refer to the contracted repair company from this point on.

The Contractor and the Federal Emergency Management Agency (FEMA) shall evaluate each property to ensure the property is safe, secure, sanitary, and functional. The FEMA defines “habitable” as safe, sanitary, and functional. “Safe” refers to being secure from disaster-caused hazards or threats to occupants from an unsafe housing structure; “sanitary” refers to being free of disaster-caused health hazards; and “functional” refers to an item or home capable of being used for its intended purpose. The Contractor shall provide the FEMA with an ongoing detailed report of current repair inventory that shows the status of each housing unit, and an electronic notification each time a new property repairs are complete and available for consideration of completion.

The Contractor shall be responsible for obtaining all required bonds and permits for all phases of

2 | P a g e construction to include, demolition, debris removal, disposal of materials, site preparation and identified repair construction services, to include septic/sewer repair/replacement, disconnect and reconnect utilities, drawings, repair/construct ADA ramps, etc. All permits must always be in the Contractor’s possession and available upon request.

In addition, FEMA may issue a Task Order (TO) contract to the Contractor to estimate the repairs of a home and provide a quote for the repair costs to the single-family home/trailer, for which the Contractor will not receive a Task Order contract for to make the repairs. The Contractor will be reimbursed for their estimating services, and the FEMA will retain the Contractor’s estimate for their internal use. The homeowner may hire the Contractor directly, upon mutual agreement between the Homeowner and Contractor, or the Homeowner may pursue a different contractor to do the repairs, or not do them at all. This type of TO contract may be used to fulfill the master contract guaranteed minimum amount.

Tribal Employment Rights Ordinance (TERO), and Tribal Employment Rights Office (TERO) Director Compliance

All repair work under DR-4847-CTM on the reservation must comply with the Apsáalooke Nation (Crow) Tribe’s Tribal Employment Rights Ordinance (TERO) and the TERO Director’s applicable policies, guidelines, regulations, and laws. The strategic direction and operational management of the TERO office is overseen by the TERO Director, who is positioned within the Crow Tribe Executive Branch office. If the prime Contractor will use any Subcontractors to perform the work in this SOW on the reservation, the Prime Contractor shall coordinate and register with the TERO office and Director, prior to any work on the reservation. The Tribal Employment Rights regulation of the Crow Tribe requires Indian preference (or tribal preference where allowed) in employment by all employers subject to the Crow Nation Workforce Protection Act (Crow WPA) (Subcontractor employees), and preference in Subcontracting to Indian-certified firms by all contract-awarding entities operating on lands over which the Crow Tribe has jurisdiction, if the Prime Contractor requires subcontracting out any portion of the work. Other TERO requirements apply such as the Prime Contractor registering with the TERO, submitting a Compliance Plan, a 4% project fee based on monthly FEMA Construction Progress payments, and $200 per non-Indian worker permit fee, which is valid for one year.

The Contractor shall coordinate with the TERO office before mobilization, submit a TERO Compliance plan to identify permanent and personnel working on the reservation (Core Crew), proposed use of certified Subcontractors, verify payment of fees, etc. Noncompliance with the TERO office Director may result in penalties, fines, and other adverse actions, which shall be the Contractor’s responsibility, if incurred.

The Contractor should be aware of the TERO regulations, shortage of skilled labor, and mobilization distances that may challenge schedules and budgets. Strategies to use local subcontractors, train local labor, and facilitate staging areas should be considered. The Contractor shall mobilize a defined labor force of skilled trades, supervisors, and support staff, in coordination with the TERO office, and attempt to prioritize tribal member employment and apprenticeships. Labor plans should include provisions for on-the-job training and workforce scaling to meet program timelines. For the repair and construction of wood houses, it’s recommended the use of TERO approved general contractors that are familiar with working under the Apsáalooke Nation reservation Tribal Government building codes.

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2a. Tribal Reservation Housing

The Contractor shall be experienced in repairing residential housing, specifically with three groups of home types identified by FEMA disaster inspection teams: Site Built & Modular Homes, Manufactured Homes, and Travel Trailers. Local, Federal, International, and HUD codes are applicable to each repair structure with pertinent codes described herein.

Site-Built Homes & Modular Homes

The homesites on the Crow reservation primarily include traditional single-family wood framed structures: Site-Built and Modular Homes. The Contractor shall ensure compliance with 2021 International Existing Building Code (IEBC) for high wind and flooding hazards. Standards to include for all sites, site-built and modular dwellings shall include seismic Zone 1 code, permitting, licensing, Federal floodplain management standards and environmental/historical preservation requirements. Utilizing the individual scopes of work that FEMA will provide, all repair work must be performed by properly procured and licensed building Contractors, authorized to work on the reservation, using materials of average quality for the lowest price (“builder grade”), IBC minimum code compliant materials and employing local workers (as much as possible and feasible). The Program activities require the services of professional construction technicians, engineers, and other related technical specialists with knowledge, experience, and expertise in the professional field of construction services, project management;

supply chain/logistics, workforce mobilization & sustainment. The Contractor shall provide a designated competent representative to work at or near the reservation, upon request to participate with FEMA in joint site assessments and provide technical recommendations on critical design and repair/replacement work determinations.

Additional building design codes suggested are: 2024 IBC for decks, stairs, and ramps; ASCE 7- 22 for wind load criteria; and 2021 International Energy Conservation Code, Zone 6b for minimum energy conservation requirements.

The only items authorized for repair are listed below and the Contractor shall not deviate from this approved list, unless prior approval is received from the U.S. Government Contracting Officer (FEMA CO).

Manufactured Homes

For repair of manufactured houses, the Contractor shall follow the Federal Manufactured Home Construction and Safety Standards (HUD FMHCSS) for that home.

For housing units manufactured before September 17, 2025, follow the HUD FMHCSS that correspond to the unit fabrication date. For new manufactured homes follow the HUD FMHCSS 2024 for manufactured houses built after September 17, 2025. The latest HUD code will be effective on September 17, 2025.

Travel Trailers

Travel trailers, such as a fifth wheel or camping trailers, are designed to meet various safety and

4 | P a g e design standards and are typically built as temporary living quarters. The trailers identified have been converted to permanent housing, however the safety and manufacturer’s design specifications should be followed. The design standards for different types of trailers vary and adherence to the repairs of these structures must follow the manufacturers recommendations.

Typical codes applicable to travel trailers are: National Fire Protection Association (NFPA) 1192, American National Standards Institute (ANSI) A119.5, Recreation Vehicle Industry Association (RVIA), National Highway Traffic Safety Administration (NHTSA), Federal Motor Carrier Safety Administration (FMCSA).

The trailers may serve as permanent housing, no longer as temporary housing and not considered as road worthy. Although the structures may be permanently founded, safety standards related to dwellings shall remain applicable, exceptions likely include standards pertinent to use on roadways. Additional local codes may apply for permanently founded travel trailers.

2b. Detailed Eligible Repairs for Permanent Housing Construction Repairs

The following includes, but is not limited to, eligible repair items for Permanent Housing Construction – Repairs program for Interior and Exterior Repairs, Electrical, HVAC, Plumbing, Accessibility Related Repairs (if required), and Specialties:

Interior Repairs

• Debris removal, to be performed in compliance with all applicable local, state and federal regulations and disposal of materials at appropriate landfills/disposal sites. There are no licensed approved landfills located on the Crow reservation.

• Clean and sanitize damaged materials, any related hazardous materials (if) used in this process must be appropriately handled and disposed.

• Interior wall/ceiling cover o Ceiling is to be 1/2-inch. drywall - hung, taped, ready for texture.

o Cove molding (unpainted) is to be provided at the perimeter of the ceiling where the ceiling is replaced.

o Blown-in insulation installed within the ceiling cavity shall be R-66 as per 2021 IBC.

o Batt insulation installed within the wall cavity shall be 6-inches., R-21 paper/foil faced as per 2021 IBC.

• Floor, subfloor and floor covering o Subfloor

Sheathing - plywood 3/4-inch CDX

Oriented Strand Board (OSB) - 23/32-inch

Concrete slab-on-grade

5 | P a g e o Flooring

Existing tile, hardwood, stone, plank and sheet flooring that is damaged is to be removed and replaced with sheet vinyl or vinyl composite tile (VCT), except in limited areas where replace in kind is permitted.

o Carpet

Existing carpeted flooring that is damaged is to be removed and replaced with carpeting with new tack strips, carpet padding, and edging.

• Interior doors o Pre-finished interior doors shall be provided, if cost effective.

o Non-finished interior doors shall be painted if more cost effective than pre-finished doors. (4 sides of the door [excluding the top and bottom faces], jamb and casing to be painted as a longevity/warranty consideration).

• Cabinets o Remove existing storm-damaged cabinets and replace with compatible cabinets, typically 2.5 to 12 linear feet for wall and base cabinetry.

o If the cabinets are greater than 12 linear feet and the cabinet bodies are in good condition, the damaged doors shall be removed, and the cabinet bodies left open if there are no sanitation concerns.

o If there is a concrete countertop in good condition, the damaged materials below the countertop shall be removed and the under-counter space left open.

• Bathroom vanity

• Bathroom exhaust fan

• Bathroom sink o Bathroom sinks shall be reused (detached and reset) where in good condition.

Contractors are to use extreme caution when removing a reusable sink. If damaged during the removal process the Contractor shall notify the CO and/or

COR.

• Bathroom faucets

• Bathroom tub

• Bathroom toilet

• Primary Bathroom Walls & Floors. Tile is authorized for shower wall and floors, to ensure sanitary and safe conditions.

• Non-Primary Bathroom water supply lines will be shut off by installing valves to non-eligible plumbing fixtures, when necessary to isolate active leaks in accordance with leaving the house in a safe, sanitary, and functional condition.

• Plumbing will only be installed/repaired to meet programmatic habitable criteria.

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Exterior Repairs

• Windows (Wood and Vinyl) o Existing sliding glass doors that are not damaged are to be treated as windows.

o Security bars shall be removed as necessary to perform window repairs. Security bars are to be removed during repairs and set aside for the homeowner.

o The glass from damaged windows being replaced may be used to replace missing glass in other windows in the home of the same size, where feasible.

o Window openings other than the standard sizes (2x2, 2x3, 2x4, 3x2, 3x3, 3x4, 4x2, 4x3, 4x4) are to be retrofitted to accommodate standard sizing. Any needed retrofit of windows will be decided and agreed to at time of joint site assessment.

Window openings may not be reduced beyond the minimum sizes required by code for egress, light and air requirements.

• Roof Covering and Roof Sheathing o If an existing roof needs to be replaced, FEMA will suggest the type, e.g. metal roof.

• The roof shall be designed and installed per the determined roof type.

• All penetrations shall be sealed, and flashing installed.

o Existing Roof Types

• Laminated – Composite Shingles w/o felt

• Shaped Metal Roof systems o Existing Roof Sheathing

• Plywood – 5/8-inch CDX

• Exterior Repairs o All wood installed at the exterior shall be primed and painted for weather protection (including siding for gable ends, soffit, vents, fascia, and the exterior door). All sides of the door to be primed and painted as a longevity warranty consideration o Exterior doors requiring replacement shall be replaced with solid core or standard to heavy duty metal doors with an insulating core whichever is most cost effective. Any needed retrofit of doors will be decided and agreed to at time of joint site assessment.

o Bond beams shall be replaced only where damaged, or where one did not exist, and tall concrete masonry walls are needed for the structure.

o Ceiling/wall insulation or replacement for enclosures, as needed.

• Exterior Openings

7 | P a g e o Existing A/C openings that do not contain a functional unit shall be framed in with 2x materials to match the existing wall framing, insulated, covered with treated plywood sheathing, home-wrap, and siding. The interior shall be drywalled and prepared to match the existing wall coverings.

Electrical/HVAC

• Exterior electrical work, to include weather head, service cable, and meter stand

• Wiring o Romex wiring shall be provided where permitted by code o Where conduit is required, the existing conduit shall be reused where it is feasible, safe, and code compliant to do so. If the existing conduit cannot safely be reused it may be replaced at the appointed Contracting Officer’s Representative (FEMA COR’s) direction

• Electric panel o The damaged electrical panel shall be replaced with the same size panel unless codes require a larger panel, 200-amp main breaker is the maximum panel upsize.

o When replacing the panel and rewiring the home, the electric panel may be relocated to a code-compliant location to reduce the length of trunk cable required.

o Where the home has a primary panel and a sub panel, the primary panel shall be replaced to service the entire home. The sub panel shall be disconnected and may remain in the home where it does not pose a life safety hazard.

• Outlets or switches o Existing damaged outlets and switches are to be replaced in the same quantity that exists in the home.

o Outlets in wet locations, including bathrooms and kitchens, must be replaced with GFCI outlets in conformance with code requirements.

o 220V receptacles are to be replaced only where there is an existing, storm-damaged 220V outlet.

o If there is not a window in the kitchen meeting the ventilation requirements as per code, a ducted range hood shall be installed and vented outside.

• Air conditioning o One Central or mini-split air conditioner is eligible for repair when feasible, or replacement when necessary.

8 | P a g e o All functional central or mini-split units may be cleaned and sanitized, if necessary, to ensure sanitary and safe conditions.

o Repair or replacement of more than one existing, damaged central or split units requires FEMA CO prior approval.

• Duct work

• Smoke Detectors/Carbon monoxide detectors

• Light fixtures

Plumbing

• Only items which are visible and storm damaged may be included in the scope of work. Unforeseen eligible conditions are to be reviewed by the FEMA COR, and sent to the FEMA CO for approval prior to work being performed.

• Vent pipes o Vent pipes are to be replaced where existing and storm damaged, including where necessary due to roof replacement.

• Outhouses o If a home does not have an interior bathroom and an outhouse serves the home, FEMA will if it is more cost reasonable to replace the outhouse or relocate the bathroom to an interior location. (Any related ground disturbances will be subject to Tribal Historic Preservation Office (THPO) review and potential cultural resources survey/construction monitoring)

• Water heater

• Water lines (Any related ground disturbances will be subject to THPO review and potential cultural resources survey/construction monitoring)

• Well and pump (Any related ground disturbances will be subject to THPO review and potential

• Sewer lines/Septic systems (septic tank, drain field, pumps, etc.), if prior FEMA CO approval is obtained. (Any related ground disturbances will be subject to THPO review and potential

• Gas lines (Any related ground disturbances will be subject to THPO review and potential

• Sump pump

• Kitchen sink

9 | P a g e o Kitchen sinks shall be reused (detached and reset) where in good condition.

Where a sink is damaged either prior to removal or upon removal, it is to be replaced in kind. Contractors are to use extreme caution when removing a reusable sink. If damaged during the removal process the Contractor shall notify the

FEMA COR.

• Exterior Kitchens, if applicable o If a home has an interior kitchen, the exterior kitchen is not eligible for repair.

Unsafe kitchen structures shall be removed with FEMA prior notification to the survivor.

o If a home does not have an interior kitchen and the exterior kitchen serves the home, FEMA will decide if it is more cost reasonable to replace the kitchen or relocate it to an interior location. (Any related ground disturbances associated with demo of exterior kitchen will be subject to THPO review and potential o If an exterior kitchen serves a broader community (is used by more than one household), FEMA will review and determine if the repair of the outdoor kitchen is preferred by the applicant vs moving it to the interior.

2c. Accessibility Related Repairs (if required)

The FEMA will notify the Contractor if accessibility features have been approved for a home. Specific accessibility related items shall only be included where expressly approved by FEMA or where the feature was preexisting and storm damaged.

• Grab bars around toilet, tub, shower stall, and shower seat

• Ramp (Any related ground disturbances associated with new construction will be subject to THPO review and potential cultural resources survey/construction monitoring)

• ADA compliant toilets

• Faucet with single-lever faucet controls

• Lever-type doorknobs and handles

• Single-push door locks

• Drawers and cabinets with D-loop or other easy to use handle pulls

• Low-pile carpet or smooth anti-slip flooring

2d. Specialties

• Water catchment system o Authorized as an eligible repair item only in instances when it has been verified to be a functional pre-disaster home component. (Any related ground

10 | P a g e disturbances associated with new construction will be subject to THPO review and potential cultural resources survey/construction monitoring) o Where roofs are to be replaced, existing catchment systems shall be reconnected.

• Mitigation Measures o Implementation of mitigation measures, such as metal roofing, may be considered with FEMA approval and where applicable, practical and appropriate per dwelling/housing site to provide resilience and protection from future storms and severe weather events. (Any related ground disturbances associated with new construction will be subject to THPO review and potential

2e. Ineligible Items

• Personal Property o Window A/C units are considered personal property and are not eligible for replacement.

• Interior Finishes o Granite Countertops and Backsplashes o Interior paint shall not be provided except where necessary to seal pressure treated materials or otherwise specified by FEMA CO. Interior/exterior paint/primer is allowed if it is necessary to preserve repair work.

o Interior finishes that did not exist prior to the event (ex. floor covering) are not eligible to be installed.

o Where floor finishes are being replaced, the Contractor is to perform minimum preparation work. Floor leveling is not considered to be storm damage and is not an eligible activity, however, may be accepted with FEMA CO prior approval to make the home safe.

• Doors o Interior doors that are not a standard size (ex. less than 6’-8” in height) are not eligible for replacement. Damaged materials may be removed, and the opening left open. (Bedroom and bathroom excluded)

• Plumbing o Items that were not present prior to the storm are not eligible to be replaced. For example: If a sink was not preexisting, it will not be installed. If a toilet is missing the tank lid and it was not storm-damaged, the toilet will not be replaced, unless prior approval is received by the FEMA CO.

• Electric o Ceiling fans are not eligible repairs

11 | P a g e o The replacement of outlets and switches shall be limited to storm damaged quantities only.

• Exterior Finishes o Exterior painting not required, unless prior approval is received by the Contracting Officer prior to work.

2f. Clarifications

• FEMA will only authorize the repair of septic connection/system(s) that were preexisting and damaged as a result by the storm event. (Any related ground disturbances associated with new construction will be subject to THPO review and potential cultural resources survey/construction monitoring)

• Ceramic tile shall be installed on shower enclosure walls to within a height of 72 to 74 inches from the floor, and on shower enclosure floor and bathroom floor for one bathroom to ensure the area is sanitary and safe, as necessary.

• Isolation valves shall be furnished and installed where necessary to prevent active leaks when water is turned on to plumbing equipment required to make the home safe, sanitary, and functional.

• If structural elements of the pre-disaster primary residence, (e.g. foundation, frame), or other components of the home requiring architectural or engineering services require repair, the home may not be eligible for PHC-Repair (FEMA determination), except that repairing or replacing roof framing is eligible so long as the structure can support a 2021 IBC compliant roof. (Any related ground disturbances associated with new construction will be subject to THPO review and potential cultural resources survey/construction monitoring)

3. Tasks

The Contractor shall obtain all required Tribal Employment Rights Ordinance (TERO) permits and perform repairs on residential homes of multiple construction types existing on the reservation (e.g., wood frame, concrete, brick, etc.). Specific housing repair projects will be accomplished by the FEMA CO issuing a Task Order contract for one or more house projects.

The types of homes may consist of a mix between 1- and 6-bedroom homes. FEMA expects the Contractor to complete each repair work order within 120 calendar days [maximum], from the Notice-to-Proceed (NTP) issued by the FEMA CO, and operate toward completion with a sense of urgency, always leaning forward in its planning, operations and reporting to complete the repairs as quickly as is possible. A baseline overall project completion schedule for each Task Order contract, and a separate project schedule is required for each individual house project, and any updated schedules changes are to be reported to the FEMA CO and COR once it is known to the Contractor.

1. Each of the house projects will have an associated work order defining the scope of repairs. The Contractor shall conduct joint site visits to validate the scopes as provided by FEMA and submit a Firm-Fixed-Price (FFP) proposal, work plan, and timeline for completion for each project site.

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2. Construction Standards: The Contractor shall be responsible to present construction plans and designs which will be subject to approval of local regulatory authorities in compliance with the minimum standards referenced herein. Permit applications may require accompanying plans and calculations that are signed/sealed by an authorized professional engineer (PE).

PHC- Repair is subject to numerous Federal and local Crow regulations, and requirements enforced by the Apsáalooke Nation Housing Authority related to the safe operation of buildings.

The Apsáalooke Nation Housing Authority may review and approve housing applications for permits prior to construction. If so, this is the responsibility of the Contractor to execute all requirements within the proposed FFP proposal amount. The regulations may address the following specifically:

• Repairs and modification of existing buildings

• Permit process and fees (initial application, and with EHP oversight of all applicable permits)

• Rough in inspections/re-inspections (and associated fees). A rough-in inspection is a crucial check of the electrical, plumbing, mechanical, HVAC, etc., in a building that takes place after the systems are installed, but before the walls and ceilings are closed up.

• Final inspection and Issuance of Certificates of Occupancy

• Adoption of the Montana Statewide Energy Code

Other pertinent Regulations may include:

• Environmental/historical preservation requirements

Pertinent Federal Regulations and codes include:

• Montana Building Codes

• Montana Seismic Zone compliance

• 2010 ADA Standards for Accessible Design (Any related ground disturbances associated with new construction will be subject to THPO review and potential

• 40 CFR Part 122 National Pollutant Discharge System (stormwater permits) (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• Floodplain Management (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

4. Contractor Furnished Items and Services:

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• The Contractor shall furnish all permits, labor, materials, transportation, equipment, tools, and any other items and all services to perform all operations required by this Statement of Work.

• The Contractor shall provide a fully qualified Project Manager (PM) who shall be responsible for the performance of work. The name of the person and at least one Alternate PM shall be designated in writing and submitted to the Contracting Officer prior to any work beginning. The project manager shall have full authority to act for the Contractor. The project manager or his representative with equal authority, shall be on-site at the reservation while work is being performed during normal work hours, and for contingencies requiring work beyond normal work hours. The designated individual must be able to speak and understand English. The Contracting Officer shall have the right to determine whether the proposed representative has sufficient technical and lingual capabilities, and the Contractor shall immediately replace any individual not acceptable to the U.S. Government (USG) Contracting Officer. The FEMA Contracting Officer has the right to remove any Contractor employee, when it is in the best interest of the USG.

• The Contractor shall have on hand a utility locator device for use to ensure missing existing utilities while excavating on site.

5. Special Requirements

5a. General

• The Contractor shall establish its management team near Dunmore, Montana Recovery

Assistance Center (RAC) to ensure close coordination with the local FEMA office. The Contractor may be required to provide representation in FEMA facilities on an on-call or regular basis.

• The Contractor shall participate in one or more weekly coordination meetings with FEMA CO/COR and IA personnel at the RAC at the discretion of the CO/COR. (EHP personnel or other FEMA personnel may attend the meetings)

• The Contractor shall participate in a field EHP training provided by FEMA EHP for employees working on archeologically sensitive properties prior to ground disturbance, and the Contractor will be responsible to train all new staff on-site. FEMA EHP will provide handouts for the archeologically sensitive properties of the monitoring requirements. (EHP will coordinate this, in conjunction with THPO)

• For Archeologically sensitive properties, the Contractor shall coordinate with the FEMA CO and COR prior to ground disturbance.

• In accordance with the contract, upon completion of repairs, the Contractor shall ensure that the site is clear of all debris, hazards and machinery. The interior is clean from construction activities and that the home is safe, sanitary, functional and ready for occupancy. Debris clearance, if impacting ground surfaces, will be subject to THPO review and potential cultural resources survey/construction monitoring.

• The Contractor shall be responsible for mitigating against any additional damage to the

14 | P a g e property upon issuance of the NTP.

• The Contractor shall ensure repairs to accessibility features and accessible routes are guided by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Housing and Urban Development’s (HUD) Design Details for Accessible Disaster Relief Housing. (Any related ground disturbances associated with new construction will be subject to THPO review and potential cultural resources survey/construction monitoring)

• The Contractor shall be responsible for procuring, transporting, storing, securing and disposing of all construction-related materials necessary for the repair of the homes.

(EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• The Contractor is required to use U.S. licensed engineer(s)/architect(s) as appropriate for the development of and stamping of designs being submitted for permitting.

o The Contractor shall use a State of Montana licensed Professional Engineer (PE) for any electrical design exceeding 200 amps.

• There may be additional labor codes and regulations for working on the Crow reservation, in addition to the FEMA requirements (Federal Wage Rates to be included in the contract).

If so, the Contractor shall cite these codes and compliance within their project plans.

• The Contractor shall comply with inspection requirements and coordinate with building official(s) as mandated by the building department to verify that the structure is being repaired in accordance with the issued permit.

• The Contractor shall set up a construction schedule plan considering local weather conditions and forecasts during the contract and Federal and local holidays, such as the annual Crow Fair and Rodeo in August, the Lodge Grass 4th of July Powwow, and Crow Native Days in June.

• Any construction schedule change shall be provided by the Contractor to the FEMA CO & COR for review and approval, and shall be noted on the Contractor’s daily reports.

• The Contractor shall be responsible for Quality Control, Construction/Project Management, production schedule, site security, and safety.

• The Contractor shall allow FEMA and its Contractors/agents on the work site for the purposes of technical monitoring and quality surveillance (which includes taking photographs onsite). In addition, the TERO personnel will monitor the work sites to ensure all non-native Indian workers on-site have paid for the one-year $200.00 work permit fees.

• The Contractor shall coordinate with the local Crow nation entities / authorities for permits and utility identification/permits. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits)

• The Contractor shall ensure all construction materials meet U.S. construction standards and are procured in compliance with the Buy American Act. The Contractor shall articulate that they will meet these requirements and construction standards in their

15 | P a g e proposal.

• The Contractor shall be responsible for obtaining all required bonds and permits for all phases of construction to include, demolition, debris removal, disposal of materials, site preparation and construction and must provide copies to the CO / COR. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• The Contractor shall coordinate the installation of essential utility repairs with the Apsáalooke Nation (Crow) Public Works prior to starting the projects, to prevent any adverse impact on the delivery schedule. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• The Contractor may be authorized to act on behalf of the homeowner to request the disconnection and reconnection of any utilities as necessary/applicable to complete repairs. The Contractor shall also be responsible for paying fees associated with the disconnection or reconnection of the utility when a fee charged. Any fees will be included in the FFP price proposal for each project.

• PHC-Repair is not authorized for pre-disaster primary residences within a Special Flood Hazard Area (SFHA), unless otherwise stipulated by FEMA. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• Once repairs are completed, FEMA will conduct a quality inspection review and accept the property back from the Contractor, to transfer it to the homeowner applicant. If there are items identified requiring rework, additional authorized repairs within the Scope of Work, FEMA and the Contractor shall develop an on-site list of items requiring work (Punch List).

5b. Environmental and Historical Preservation

Considerations for Environmental and Historic Preservation work shall be given for the Repair of eligible applicants’ dwellings on the Apsáalooke Nation (Crow) reservation damaged by the severe storms and straight-line wind event, and subsequent wind-driven rains.

If the Contractor identifies a need for a variance or a consideration below was not taken, the Contractor shall provide a detailed scope of work describing all work to be performed and call special attention to any point covered below. If it is not possible to comply with any specific or combination of the below items, the Contractor shall notify the Environmental Historic Preservation Officer, CO and COR, and request guidance (Request for Information (RFI) process).

• Existing in-ground elements such as driveways and walkways will be left in place, unless prior approval is received by the FEMA CO.

• There will be no clearing and/or grubbing of vegetation or removal or trimming of trees or stumps, unless prior approval is provided by the CO. (EHP is to be part of related discussions and given opportunity to review applicable permits/SOW and will be subject to THPO review and potential cultural resources survey/construction monitoring.

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• All access and staging of equipment and materials shall be limited to previously existing cleared or disturbed surfaces; no vegetation shall be removed, nor any land cleared to stage materials or equipment. (EHP is to be part of related discussions and given opportunity to review applicable permits/SOW and will be subject to THPO review and potential cultural resources survey/construction monitoring.

• Any fill (soil or gravel) will be obtained from a previously disturbed commercial borrow source. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• FEMA CO and COR shall be notified of expected ground disturbance not noted in the original scope of work, prior to the disturbance. (EHP is to be part of related discussions and given opportunity to review applicable permits/SOW and will be subject to THPO review and potential cultural resources survey/construction monitoring.

• No temporary debris staging sites will be established without submitting the details of the proposed site to the FEMA COR so that FEMA may conduct an EHP review.

The COR will advise the Contractor upon completion of review if the site is acceptable for use. Temporary staging of debris will be limited to previously existing hard (paved or gravel) surfaces at the individual housing sites. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• Each property shall be evaluated for hazardous materials on the properties and within the structures that will be entered. The evaluations will consist of initial applicant contact and professional observation to ensure protection of human health and safety for FEMA employees and Contractors. Hazardous materials will likely vary based on property locations but may include farm, domestic, and industrial waste; automotive products;

illicit drug production and paraphernalia, pesticides and herbicides; possible airborne contaminants such as mold, asbestos, or volatile organic compounds (VOC’s). Any identified hazards shall be removed and properly disposed of prior to work resuming.

• At the Contractor’s expense, debris on the site(s), including buildings and/or remnants of buildings that will be demolished, and debris generated during construction, will be removed and hauled to an existing, licensed landfill off the reservation. There are no licensed solid waste disposal facilities or transfer stations within the reservation.

Debris on the site(s), including buildings and/or remnants of buildings that will be demolished, and debris generated during construction at the sites, will be properly discarded. During all ground-disturbing activities, the Contractor will monitor ground disturbance and earth moving activities; if any human remains or unexploded ordinances are discovered, they will immediately cease work and notify FEMA CO and COR. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

If during the course of work artifacts or sites which might be of archaeological, cultural, or historic significance are discovered [e.g. indigenous and rare artifacts (jewelry, 17 | P a g e arrowheads, spears, cultural pieces, etc.), significant features (villages, camps, settlements, etc.), and/or human burials], construction activities in the vicinity of the discovery will cease and the Contractor will take all reasonable measures to avoid or minimize harm to the site. The Contractor shall immediately inform the FEMA CO and COR. Activities within the immediate area will not resume until FEMA has completed consultation with the Tribal Historic Preservation Officer (THPO). (EHP shall be included with related discussions and given opportunity to review actions/applicable permits with the THPO.

5c. Archeologically Sensitive Zones (ASZ)

The Contractor shall comply with all applicable Environment and Historic Preservation requirements mandated by Federal laws, regulations, executive orders, and THPO officials.

This may include, but is not limited to, a requirement allowing a Tribal Archeologist or Tribal contracted Archeologist to be present on-site during any ground disturbing activities, such as, foundation or utility installation work, installation of septic systems, installation of ADA ramps, or any activity entailing excavating, digging, trenching, or post-installation for work in designated Archeologically sensitive areas. (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

The Contractor must take appropriate action based on the Contracting Officer’s direction based on specific guidance provided by the Archeologist to protect/preserve Archaeological resources, as necessary. Since a Tribal/Contracted Archeologist’s presence is required during all ground disturbing events, each house project in an Archaeological sensitive area may be started independently from other Archaeological house projects awarded on the contract.

Therefore, the Notice-to-Proceed (NTP) for each house project and schedule may be independent of the other Archaeological house projects NTP(s) and completion dates. Each Civil Design plan will require a FEMA EHP review prior to any debris removal, demolition, and any ground disturbing activities. Prior to any ground disturbing activities, at least a 48-hour notification is required. This advance notice can be added to the Deliverable 5 requirement with the Daily and 48-hour look ahead schedule, if it clearly identifies all ground disturbing activities. The Contractor may submit a written Request for Equitable Adjustment (REA) for any changes directed by the CO or Tribal delays previously notified to the CO or COR, which may require additional time and money to complete the house project. Prior to submitting the written REA, the Contractor shall submit a quote for the charges.

Unless prior approval is received by the Contracting Officer or COR and reviewed for compliance by EHP, all utility repairs/replacements will be limited to the existing alignments and within areas of ground previously disturbed by their original installation and will tie into preexisting utility lines.

Unless prior approval is received by the Contracting Officer and reviewed for compliance by EHP, there will be no site improvements such as new driveways, walkways, drains, and drainage systems, etc.

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6. Work Order Flow

Repair preparations and home repairs are described in detail in the Government furnished SOW.

• Once a list of properties is provided, the Contractor shall conduct a joint site visit with the U.S. Government (FEMA). (EHP shall be included with related discussions and given opportunity to review actions/applicable permits.)

• The Contractor shall submit a proposal packet within 72 hours from the joint site visit, which must include:

o Schedule of work

i. Detailed Schedule of work (This must include obtaining the proper permits)

ii. Each House Project breakdown with timeline o Proposed cost of work

i. Specific cost breakdown with detailed descriptions of each phase of work o Site survey check list which must include:

i. Application Number

ii. Address with GPS coordinates

iii. Site visit personal data

iv. Breakdown of price per Contract Line-Item Number (CLIN)

v. Brief breakdown of the schedule per task o Any pertinent backup information to support the packet

• The FEMA CO will review the proposal packet and if the scope is agreed upon and price is determined to be fair and reasonable, the PHC- Repair Task Order contract and NTP will be issued to Contractor. The Contractor shall have 48 hours to prepare and submit the permit application to the appropriate TERO office, if applicable.

• Once repairs are completed and the permit closed, the FEMA will conduct a quality inspection review and accept the property back from the Contractor to transfer it to the survivor. If there are items identified requiring remediation, FEMA and the Contractor shall develop an on-site list of items requiring remediation (punch list) at no additional cost to the U.S. Government. This list must be forward immediately to the CO and

COR.

7. Period of Performance

The Period of Performance (PoP) for each Task Order contract awarded will be for all the individual house projects under the contract. The Contractor shall participate in the Task Order contract kick‐off meeting at the U.S. Government’s (FEMA) discretion after task order award, on the date/time specified by the Contracting Officer or his/her designee.

The overall base contract Period of Performance (POP) will be for the entire Direct Housing period of assistance, to include the PHC-Repair program period. This timeframe includes a maximum of 10 calendar days for the Contractor to furnish the performance and payment bonds.

8. Area of Operation

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The Contractor shall be tasked with performing this activity as directed by the U.S. Government (FEMA) on the Apsáalooke Nation (Crow) reservation, to be determined per FEMA’s need. The Contractor shall provide a schedule to FEMA in writing where it is planning to construct at least 48 hours prior to the commencement of the work.

9. Experience / Skills

The Contractor shall provide personnel with expertise in utility and housing construction. The Contractor shall identify shortfalls in skilled labor and provide immediate strategies for addressing shortfalls. Where discrepancies, deficiencies or weaknesses are identified by either FEMA or Contractor, the Contractor shall be responsible to make correction(s) immediately, such that these shortfalls as identified will not cause a delay in the completion of a home repair.

The Contractor shall conduct preliminary background checks on all staff assigned to the contract and receive favorable results. This process will increase the likelihood of personnel submitted for FEMA’s background investigation receiving approval, if necessary.

10. Project Execution

The Contractor shall execute the permanent housing repair mission per the purpose and scope above, per Task Order contract work orders issued for repair, and per the Contractor’s accepted Project Management Plan. The Contractor shall notify the FEMA CO and COR immediately if there are unforeseen interruptions due to weather, hazardous conditions, safety issues, or for any reason the Contractor expects delays. If there is a potential delay in the schedule, the Contractor shall notify the Contracting Officer and COR within 24 hours. All services listed in the Statement of Work shall be provided in compliance with applicable Federal and local laws and regulations, and as applicable to waiver(s) the Apsáalooke Nation (Crow) has issued prior to work.

The Contractor shall provide professional, courteous, and timely services, activities, and management to ensure that all work identified in the Government furnished individual work orders and objectives are completed per each Task Order contract. This includes incorporating customer service into operations, where appropriate, as well as employing a flexible and transparent performance management system that includes performance measures of Contractor staff, subcontractors, and other representatives, and appropriate quality control measures.

(Space Intentionally Left Blank)

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11. Deliverables and Deliverable Schedule

Deliverables Performance Requirement /

Standard Timeframe Method of

Surveillance Deliverable 1 Kick-off Meeting, and weekly meetings. The Contractor shall attend and provide meeting minutes of every meeting, for Government review and approval. Prior to the initial base IDIQ contract Kick-off meeting, the Contractor and its Consultants and Subcontractors shall submit a DHS Form 11000- 6, Sensitive but Unclassified Information Non-Disclosure Agreement (NDA) for key Contractor employees working under this contract.

Within three (3) calendar days of contract award, and when scheduled by the

FEMA

Contracting Officer (CO), or Contracting Officer’s Representative (COR). Meeting minutes are due within three (3) business days of the meeting.

100% Compliance

Deliverable 2 The Contractor shall provide the payment and performance bonds to cover the IDIQ contract ceiling.

Not later than 10 calendar days of contract award of base IDIQ contract.

100% Compliance

Deliverable 3 Any time a Subcontractor is required by the Prime Contractor to work on the reservation, the Prime Contractor shall notify the Government of all the details, and coordinate with the TERO Director, and provide proof of coordination and approval.

As…