70FA5025R00000001_Wild Water II Solicitation_2.3.2025_Redacted.pdf

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85) STANDARD FORM 1442

Prescribed by GSA YFAR (48 CFR) 52.236-1(d)

NSN 7540-01-155-3212

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (IFB)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, X X notice to proceed. This performance period is mandatory, negotiable. (See _____________________________.)

YES NO

A. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________

(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference

D. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

70FA5025R00000001 02/03/2025 1 of 131

WX00273Y2025T

MWEOC WILD WATER II CONSTRUCTION FY25

X

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER SAME AS BLOCK 7

ATTN: KEVIN HENNIGAN

19844 BLUE RIDGE MOUNTAIN ROAD

MOUNT WEATHER, VA 20135-2006

SEE BLOCK 26

52.211-10

X 7-10

0 12:00pm

03/26/2025

X

PROJECT TITLE: MWEOC WILD WATER II CONSTRUCTION FY25

MAGNITUDE OF CONSTRUCTION: GREATER THAN $10,000,000.00

STATEMENT OF WORK LOCATION IS IDENTIFIED IN SECTION J.

DAVIS BACON WAGE DETERMINATIONS ARE INCLUDED IN SECTION J.

VIRGINIA DEPT OF PROFESSIONAL & OCCUPATIONAL REGULATION CONTRACTOR’S LICENSE IS REQUIRED TO

PERFORM THE WORK.

THIS PROJECT WILL OCCUR IN A CLASSIFIED AREA. THE DESIGN AND SPECIFICATION DOCUMENTS ARE CLASSIFIED

AND CAN BE VIEWED AT THE UPCOMING PRE-PROPOSAL SITE VISIT.

THIS SOLICITATION IS UNRESTRICTED, HOWEVER, FIRMS MUST CURRENTLY HOLD AN ACTIVE/CURRENT TOP SECRET FACILITIES CLEARANCE AND HAVE PERSONNEL THAT HOLD AN ACTIVE/CURRENT TOP SECRET CLEARANCE AT TIME

OF AWARD.

NAICS CODE: 236210

IMPORTANT DATES:

ACCESS FORMS DUE TO GOV’T: 02/12/2025 @ 12PM ET (EASTERN TIME) (EMAIL TO: FEMA-MW-EN-CONTRACTOR-

ACCESS@FEMA.DHS.GOV)

PRE-PROPOSAL SITE VISIT: 02/26/2025 @ 10AM ET (SEE SECTION L.5 FOR MORE DETAILS)

DESIGN/DRAWINGS REVIEW: 03/04/2025-03/06/2025

CONTRACTOR QUESTIONS DUE TO GOV’T: 03/07/2025 @ 12PM ET

PROPOSALS DUE TO GOV’T: 03/26/2025 @ 12PM NOON ET

7 730

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

28. NEGOTIATED AGREEMENT 29. AWARD Your

Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14)

(Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

TBD

FEDERAL EMERGENCY MANAGEMENT AGENCY FEDERAL EMERGENCY MANAGEMENT AGENCY

MOUNT WEATHER EMERGENCY OPERATIONS CENTER MOUNT WEATHER EMERGENCY OPERATIONS CENTER

ATTN: KEVIN HENNIGAN ATTN: BUDGET/BLDG. 413

19844 BLUE RIDGE MOUNTAIN ROAD P.O. BOX 129

MOUNT WEATHER, VA 20135-2006 MOUNT WEATHER, VA 22611-0129

KEVIN HENNIGAN

CONTRACTING OFFICER

70FA5025R00000001 Section B

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CLINs

See Contract Line Item Numbers (Due to security reasons, the CLINs for this solicitation has been redacted. Please contact the Contracting Officer for a copy. )

70FA5025R00000001 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 THE STATEMENT OF WORK IS LISTED IN SECTION J.

70FA5025R00000001 Section D

D-1

SECTION D - PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including forms, reports, submittals, etc., to the CO or the COR shall be paid by the Contractor.

D.2 PACKAGING AND MARKING

(a) All information submitted to the Contacting Officer or the COR shall clearly indicate the contract number for which the information is being submitted.

(b) All containers shall be plainly marked on or adjacent to the exterior shipping label to show the contract number, description of contents, and Contractor's name.

70FA5025R00000001 Section E

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection and Acceptance: Federal Emergency Management Agency

Mount Weather Emergency Operations Center (MWEOC)

19844 Blue Ridge Mountain Road

Mount Weather, VA 20135-2006

For the purpose of this clause, the Contracting Officer Representative (COR) is the representative of the Contracting Officer. The

Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

E.3 CONTRACTOR QUALITY CONTROL

a. General: The Contractor shall provide and maintain an effective quality control program. The burden of proof of contract compliance is placed on the Contractor and not assumed by the Government. The Contractor's quality control will not be accepted without question and the right to inspect or verify at any time is reserved by the

Government.

b. Pre-construction Conference: After the contract is awarded and before construction operations are started, the

Contractor shall meet with the COR, or their representatives, and discuss quality control requirements. The contractor shall furnish the COR within 20 days after receipt of notice to proceed, the following information:

(I) The name and qualifications of the individual performing inspections, giving education, licenses, present job position and previous work experience.

The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the quality control system, and the interrelationship of Contractor and Government inspection.

c. Quality Control System:

(I) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of subcontractors, to insure conformance to applicable specifications and drawings with respect to

E-2 the materials, workmanship, construction, finish, functional performance, and identification, with emphasis on the surveillance, tests and submittals required in the Technical Provisions of the contract specifications, including applicable in-plant inspection. This control will be established for all construction except where the Technical

Provisions of the contract provide for specific Government control by inspections, tests or other means. The Contractor shall notify the COR or his authorized representative in writing of any proposed change to the Contractor's quality control system; no such change shall be implemented prior to acceptance in writing by the COR or his authorized representative.

(2) Review Submittals: The Contractor's control system will specifically provide for surveillance, coordination, and review of shop drawings, materials and equipment data submittals. Such surveillance, coordination and review of the aforementioned data shall be made to assure that the submission is complete and in compliance with applicable contract provisions. The Contractor's control system will be keyed to the proposed construction sequence in a manner to prevent construction deficiencies and/or delays caused by submittals lacking content and text required by the contract Technical

Provisions. The Contractor will designate, by name, the quality control representative responsible for review, certification and submittal of shop drawings if different than the individual appointed as required in paragraph b (1) above.

(3) Quality Control Procedures: The Contractor's quality control system at the job site shall follow a 3-step procedure consisting of (a) a Preparatory Inspection; (b) an Initial Inspection; and (c) Follow-up Inspections. The

Contractor's quality control representative will advise the COR at least 24 hours prior to all preparatory and initial inspections. The preparatory and initial inspections will be attended by the applicable quality control representative and the Contractor's individual responsible for implementation of that portion of work at the site. Government personnel may participate in the preparatory, initial inspection and follow-up inspection.

a) Preparatory Inspection: A preparatory inspection will be required to ensure that the plant, materials and equipment meet the submittals and contract requirements. The Contractor will perform preparatory inspections as soon as possible after delivery of plant, equipment and material to the site and, in any event, prior to incorporation of material and equipment in the work.

b) Initial Inspection: An initial inspection will be required at the start of each new phase of construction to establish that methods, techniques and standards of workmanship are in strict compliance with the contract requirements.

c) Follow-up Inspections: Follow-up inspections will be performed on a daily or recurring basis as necessary to ensure that construction is proceeding in accordance with contract requirements.

d. Quality Control Reports:

(I) The Contractor shall furnish a daily construction quality control report. The report shall be in accordance with the attached sample or such other form as may be proposed by the Contractor and approved by the COR. Additional check lists and forms for specific operations may be required to supplement the daily inspection form. The report shall include all inspections and tests made. It shall provide factual evidence that the required inspection or tests have been performed, including type and number of inspections or tests, the results, the nature of defects, cause of rejection and the corrective action taken. The daily report shall cover both conforming and defective items. It shall include a statement that all materials and equipment incorporated in the work are in full compliance with the terms of the contract except as noted. The report will cover all items and specifically include the items listed in the quality control paragraphs of the

Technical Provisions. The report will be verified and signed by the prime Contractor's designated quality control representative. The daily reports will be furnished in two copies (original and one (1) duplicate) to the COR. The report will be legibly handwritten in ink or typewritten. Reports shall be submitted not later than the close of business on the first working day following the date of the report. Reports shall have all supporting documents

E-3

(such as concrete placement checklist) referenced therein. Incomplete reports will not be accepted. Negative reports are required for days during which there is no activity on the project site and will include a brief statement as to why there was no activity during a normal workday or schedule.

e. Government Inspection:

The Government reserves the right to inspect at the source, supplies or services not manufactured or performed within the

Contractor's facility. Government inspection shall not constitute acceptance; nor shall it in any way replace Contractor inspection or otherwise relieve the Contractor of his responsibility to furnish an acceptable end item. When inspection at subcontractors' or suppliers' plant is performed by the Government, such inspection shall not be used by Contractors as evidence of effective inspection by such subcontractors or suppliers.

70FA5025R00000001 Section F

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-14 SUSPENSION OF WORK APR 1984

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 730 calendar days after Notice-To-Proceed. The time stated for completion shall include final cleanup of the premises.

F.3 PRINCIPLE PLACE OF PERFORMANCE

The effort under this contract shall be performed at:

Federal Emergency Management Agency

Mount Weather Emergency Operations Center (MWEOC)

19844 Blue Ridge Mountain Road

Mount Weather, VA 20135-2006

F.4 PROGRESS SCHEDULE

a. In accordance with the clause in Section I, 52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984), the

Contractor shall, within five (5) calendar days after work commences, prepare and submit to the Contracting Officer & COR a copy of a practicable Progress Schedule which will reflect physical progress. This chart will be prepared so as to show the starting and completion dates of all such work features, beginning with date of Notice to Proceed and indicating calendar days to completion. The methodology to be used shall be the Critical Path Method (CPM).

b. Dates for completion of features of work which will have a critical effect on the overall completion date are "milestone" dates and will be marked on the chart.

c. The Physical Progress Chart will be modified by the Contractor to reflect authorized changes in the work and extension of time. The Modified Chart will then be promptly forwarded for approval to the Contracting Officer.

d. The CPM will be the medium through which the timeliness of Contractor construction effort is appraised for this project.

F.5 NOTICE OF DELAY

If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer & COR written notice of the anticipated delay and the reasons therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no

F-2 event less than forty-five (45) days before the completion date specified in this contract, unless otherwise directed by the

Contracting Officer. When notice is so required, the Contracting Officer may extend the time specified in the Schedule for such period as deemed advisable.

F.6 SUBMITTALS

SECTION 01330 – SUBMITTALS TO THE CONTRACTING OFFICER

PART 1 - GENERAL

1.1 SUMMARY

A. This Section describes the administrative procedures for the routine submittal of information to the Contracting Officer

& COR for information, approval or record purposes as required throughout this contract. Every effort shall be made by the Contractor to submit routine submittals electronically(via email) where appropriate.

B. Submittal Preparation: At a minimum on each submittal, provide the following information:

1. Applicable security classification.

2. Project name and number.

3. Date.

4. Name, address and telephone number of firm or entity that prepared the submittal.

5. Name and address of the Contractor.

6. Name of the manufacturer.

7. Number and title of applicable specification section.

8. Drawing number and detail references, as applicable.

9. Space to record Contractor's review and approval markings, and for Contracting Officer's or COR’s action (if required). Provide space of approximately 5 by 5 inches.

C. Submittal Transmittal: Package each submittal for transmission and handling. Transmit each submittal from the

Contractor to the Contracting Officer or COR’s representative by use of a transmittal form. Minimally include the following information on the transmittal form.

1. Applicable security classification

2. Project name and number.

3. Date.

4. Destination (To:).

5. Source (From:).

6. Names of subcontractor, manufacturer and supplier, as applicable.

7. Category of submittal.

8. Description of submittal

9. Number and title of applicable specification section.

10. Submittal number, including means to separately identify initial submittal and any resubmittals.

11. Certification by Contractor stating that the submittal complies with the Contract Documents, or statement of deviations from the requirements of the Contract Documents including minor variations and limitations.

Deviations may be listed on an attached sheet referenced on the transmittal form.

12. Indicate whether submittal is for information, approval or record purposes. Unless specifically indicated otherwise in this specification, review and approval of product, material, design and shop drawing submittals is the responsibility of the Contractor.

13. Signature of transmitter.

F-3

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION (Not Applicable)

END OF SECTION 01330

F.7 REAL PROPERTY EQUIPMENT DATA

At or before the time of completion of the contract, the Contractor shall submit to the COR a complete itemized list, including serial and model number where applicable, for each Contractor furnished item of mechanical, electrical, and plumbing equipment installed by the Contractor under this contract. For each of the items which is specified herein to be guaranteed for a specified period from the date of acceptance thereof, either for beneficial use or final acceptance, whichever is earlier, against defective materials, design and workmanship, the following information shall be given: the name, address, and telephone number of the

Subcontractor, Equipment Supplier, or Manufacturer originating the guaranteed item. The list shall be accompanied by a copy of the specific guarantee document for each item which is specified herein to be guaranteed if one had been furnished to the

Contractor by the Equipment Supplier or Manufacturer. The Contractor's guarantee to the Government of these items will not be limited by the terms of any manufacturer's guarantee to the Contractor.

F.8 PERFORMANCE AND PAYMENT BONDS

a. Performance and Payment Bonds will be required to guarantee performance of and to guarantee payment to persons supplying labor or materials in the performance of the contract. See FAR Clause 52.228-15 Performance and Payment Bonds -

Construction incorporated in full text in Section I of the contract.

b. If the contract price exceeds $100,000 within 10 calendar days after the prescribed bonds are presented to the successful bidder, the bonds shall be executed, each with good and sufficient surety or sureties acceptable to the Government. The bonds shall be furnished to the Contracting Officer in the form of a Performance Bond (Standard Form 25) and Payment Bond (Standard

Form 25-A). The penal sums of said bonds are identified below:

(1). Performance Bond. The penal sum of the Performance Bond shall equal 100 percent (100%) of the contract price.

(2). Payment Bond. The penal sum of the Payment Bond shall be 100 percent (100%) of the contract price.

c. The Performance and Payment Bonds shall be furnished by the Contractor to the Contracting Officer prior to commencement of contract performance. The Performance and Payment Bonds (SF 25 and SF 25A) are contained in

Section J.

F.9 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,783.49 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

70FA5025R00000001 Section G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT PERSONNEL

The Contracting Officer's Representative shall be: ERICK DANIELS

G.2 TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of the work shall be subject to the surveillance and written technical direction of the, Contracting Officer’s

Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in Section C.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the contract clause entitled "Changes";

(3) In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the specifications of the contract.

(c) All technical directions shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall cause the Contractor to notify the

Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the

Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting

Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that:

(1) the technical direction is rescinded in its entirety

(2) the technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor's risk.

70FA5025R00000001 Section G

G-1

G.3 INVOICES

An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in this contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the

Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

a. GENERAL INFORMATION

1. Name of Contractor

2. Invoice date

3. Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

4. Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on

Government bills of lading).

5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by this agency to process payment.

6. Any other information or documentation required by other provisions of the Contract (such as evidence of shipment).

7. Invoices shall be prepared and submitted via email as follows: one PDF version submitted to FEMA-AR@fema.dhs.gov, with the COR, CO and CS copied in the email.

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. As mandated by the Debt Collection Improvement Act (DCIA) of 1996 and in accordance with FAR Clause 52.232-33-

Payment By Electronic Funds Transfer –System For Award Management (OCT 2018) of this contract, all payments under this contract will be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause, which states: in the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either (i) accept payment by check or some other mutually agreeable method of payment; or (ii) request the Government to extend the payment due date until such time as the Government can make payment by EFT.

mailto:FEMA-AR@fema.dhs.gov

70FA5025R00000001 Section H

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SMALL BUSINESS SUBCONTRACTING PLAN

Note: this requirement applies to Large Businesses only. Small Business are not required to submit this plan.

Large Business shall submit a Small Business Subcontracting Plan (included with bid/proposal) in compliance with the requirements and goals outlined below.

If a large business firm is selected to receive this contract, it must comply with the FAR Subpart 19.7 and FAR Clause 52.219-9 regarding the requirement for a subcontracting plan for that part of work it intends to subcontract. The subcontracting plan submitted will include the 2024 DHS Small Business Goals set forth below for each socio-economic grouping listed. The goals will be applied to the total percentage of work that is planned for subcontracting for this award. Firms must include a minimum of ten (10) percent that will be subcontracted.

For example, if the total value of the contract for is $10 million, then the subcontracting goal (large and/or small businesses) for the contract shall be $1,000,000 for the life of the contract. Of the $1,000,000, 43% or $430,000 shall be subcontracted to small businesses. Note: Small Disadvantaged, HUBZone, Woman Owned Small Business, and Service-Disabled Veteran Owned

Small Business are inclusive within the 43% overall subcontracting goal. Each subcontracting plan submitted will be reviewed to determine whether the successful offeror have submitted an acceptable subcontracting plan.

Small Business Category FY2024 Goals*

Overall Small Business 43%

Overall Small Disadvantaged Business 5%

HUBZone 3%

Woman Owned Small Business 5%

Service-Disabled Veteran Owned Small Business 5%

*Goals for FY2025 have yet to be released by the FEMA Small Business Office

(End of clause)

H.2 CONFIDENTIALITY OF INFORMATION

(a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that--

(1) At the time of receipt by the Contractor, is in the public domain

(2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor

(3) The Contractor can demonstrate was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies

(4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

(b) The Contractor shall obtain from each employee permitted access a written agreement, in a form satisfactory to the

Contracting Officer, that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract.

H-2

H.3 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES

(a) The effort required to be accomplished under this contract must be performed at a Government owned facility. The

Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed.

(b) While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are Government employees or agents of the

Government and to property at the site regardless of whether or not title to such property vests with the Government. Contractor personnel whose duties require their presence at a Government facility shall be clearly identifiable by the wearing of a distinctive badge obtained by the Contractor from the government. Prescribed identification for all Contractor personnel and access to the

Government facility contained within the Mount Weather Access can be found in Attachment B of this contract.

H.4 DRAWING/SPECIFICATION OMISSIONS OR DISCREPANCIES

a. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

b. The Contractor shall check all drawings furnished him/her immediately upon their receipt and shall promptly notify the COR of any discrepancies. Figures marked on drawings shall, in general, be followed in preference to scale measurements. Large scale drawings shall, in general, govern small scale drawings. The Contractor shall compare all drawings and verify the figure before laying out the work.

H.5 SAFETY

a. General: The contractor shall provide a written Safety Plan for approval to the Contracting Officer & COR 20 calendar days after contract award.

b. The Contractor shall designate an employee responsible for the overall supervision of accident prevention activities. Such duties shall include: (1) assuring applicable safety requirements are incorporated in work methods and (ii) inspecting the work to ensure the safety measures and instructions are actually applied.

c. As part of the Contractor’s safety program, the Contractor shall have scheduled meetings with employees to ensure the safety of all government employees, guests and contractor employees while on location were the work is being performed.

d. Accident investigation: Chargeable accidents are to be investigated by both the Contractor and the Government.

e. Accident reporting: The prime Contractor will report to the Contracting Officer and the Contracting Officer’s Representative

(COR) all injuries to his employees and employees of subcontractors that require examination by a doctor and all damages to property and/or equipment in excess of $300.00 per incident. Verbal notification of such accidents will be made to the

Contracting Officer and COR within 48 hours following such incidents.

f. OSHA Log: A copy of the Contractor’s OSHA log of injuries will be forwarded monthly to the COR.

g. OSHA Inspections: Contractor shall immediately notify the COR when an OSHA Compliance Official (Federal or State

Representative) presents his credentials ad informs the Contractor that the work place will be inspected for OSHA compliance.

Contractor shall also notify the COR upon determining that an exit interview will take place upon completion of the OSHA inspection.

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H.6 INTERRUPTIONS OF UTILITIES

a. No utility services shall be interrupted by the Contractor to make connections, to relocate, or for any purpose without approval of the COR.

b. Request for permission to shut down services shall be submitted in writing to the Contracting Officer and COR not less than 10 days prior to date of proposed interruption. The request shall give the following information:

(1) Nature of utility (i.e., electricity, water, sewer, etc.)

(2) Size of line or location of shutoff or interruption,

(3) Buildings and services affected,

(4) Hours and date of shutoff, and

(5) Estimated length of time the service(s) will be interrupted.

c. Services shall not be interrupted until the Contractor has receipt of approval of the proposed hours and date from the

COR.

d. Shutoff which will cause interruption of Government work operations as determined by the COR shall be accomplished during regular non-work hours or on non-work days of the using agency without any additional cost to the Government.

e. Operation of valves on water mains will be by Government personnel. Where shutoff of water lines interrupts service of fire hydrants or fire sprinkler systems, the Contractor shall arrange its operations and have sufficient material and personnel available to complete the work without undue delay or to restore service without delay in event of emergency.

H.7 INSURANCE WORK ON GOVERNMENT INSTALLATION

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in paragraph d. below.

b. Five days after contract award, the Contractor shall certify to the Contracting Officer & COR in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph c., in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

d. The following coverage is the minimum insurance required for work under this contract: (1) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational disease is not compensable under those statutes, it shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (2) General Liability. (a) The Contracting Officer requires bodily injury liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence. (b) The Contracting Officer requires property damage liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence. (3) Automobile

Liability. The Contracting Officer requires automobile liability insurance written on the comprehensive form of the policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The

H-4 amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.8 DAVIS BACON WAGE DETERMINATION

a. This contract is subject to the Davis Bacon Wage Determination. The Building Wage determinations applicable to the specified locality (Loudoun, Virginia) and classes of employees in effect are set forth in Section J. The Contractor agrees to pay employees in accordance with these wage determinations and any modifications which occur during the course of the contract.

b. Any wage determination not listed herein will be negotiated between the Government and the Contractor after award is made. The negotiations will be in accordance with 29 CFR, Part 5, Section 5.5(a)(ii).

c. Applicable Building Wage determinations IAW Department of Labor’s determination number VA20240158, dated

08/23/2024 are included in Attachment C.

H.9 MAINTENANCE OF ACCESS

The Contractor shall not block passage through sidewalks, roads, alleys, or other entranceways to the building during performance of work under this contract. In addition, the Contractor shall at all times maintain safe and clear passage through interior corridors and doorways to allow proper exiting.

H.10 IDENTIFICATION OF EMPLOYEES AND ACCESS TO THE FEMA MT. WEATHER

EMERGENCY OPERATIONS CENTER

a. The FEMA Mt. Weather Emergency Operations Center (MWEOC) is a controlled access installation and is not open to the general public. The FEMA MWEOC includes two major operating areas designated as Area A and Area B. Area B is a underground controlled area which requires a TOP SECRET security clearance and a need-to-know for access. Contractor personnel associated with this project may be granted access to enter Area B. See MWEOC Area A Access policy, dated

07/10/2023, Attachment B.

b. Entry to the facility is controlled by a badge system. A badge will be issued to each employee of the Contractor and/or subcontractor on each day the employee needs to enter the facility. The employee must possess a verification of identity before a badge can be issued. Verification of identity must contain the employee's name, social security number and a photograph (i.e., Operator's License Company ID, etc.). Persons inside the facility must display badges prominently at all times.

c. Employees to perform work in Area A must receive a favorable police records check. The Government will have the records check performed upon receipt of the attached form containing information concerning those individual employees.

Employees who do not receive a favorable police records check will be refused access to the FEMA MWEOC facility. The

FEMA MWEOC Security Office will notify the Contractor of the results of the police records checks within the time frame indicated below.

d. The contractor personnel shall meet the following requirements for access to the FEMA MWEOC facility:

(1) The Contractor shall submit, on forms to be provided by the Government, information concerning all employees who must have access to the FEMA. The information shall be provided at least 48 hours prior to the need to enter the facility. The forms must be TYPED and witnessed by approving official of the Prime Contractor's office.

(2) Be a U.S. citizen. Naturalized citizens must provide proof of citizenship. This may be accomplished by presenting the original naturalization document when the employee initially arrives for entry to the facility.

e. All badges will be property of the Government and will be returned to the Security Police Force (Main Gate) when the employee departs the facility for that business day. Lost or stolen badges will be promptly reported to the Site Security Office.

The Contractor shall immediately notify the CO/COR upon the release of an employee.

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f. The Senior Resident Manager, Mt. Weather Management Division, FEMA, may, for good cause shown, notify the

Contractor that an individual employed by the Contractor will no longer be permitted to enter the MWEOC. If this action is taken by the Senior Resident Manager, the Contractor will be notified in writing by the Contracting Officer.

H.11 STATE OF VIRGINIA CONTRACTORS LICENSE REQUIREMENT

a. The Federal Emergency Management Agency (FEMA), Mt. Weather Emergency Operations Center (MWEOC) is located near Mount Weather, Virginia on land under the concurrent jurisdiction of the Federal Government and the Commonwealth of

Virginia. Due to this concurrent jurisdiction, the contractor must comply with Virginia Code Title 54.1, Chapter 11 in relation to projects associated with this facility in addition to the terms and conditions of this solicitation.

b. Section 54.1-1103 of the Virginia Code provides that no person shall engage in, or offer to engage in, contracting work in

Virginia unless he/she has been licensed under the provisions of Chapter 11. For joint ventures, Section 54.1-1103 of the Virginia

Code requires either (i) each contracting party of the joint venture shall be licensed under the provisions of Chapter 11 or (ii) a license shall be obtained in the name of the joint venture under the provisions of Chapter 11. Section 54.1-1115 states that any person who undertakes work without a valid Virginia contractor's license or with an improper class of license shall be fined an amount not to exceed $500 per in addition to the authorized penalties for the commission of a Class 1 misdemeanor.

c. Based on the preceding information, the Contractor must possess a valid and proper class of Virginia Contractor’s license in order to perform the work required under the contract in accordance with Virginia Code Title 54.1, Chapter 11.

d. Failure to possess a valid and proper class of Virginia Contractor’s license as noted in this IFB, shall be a basis for considering the offeror non-responsible. Therefore, Contractor shall submit a PDF copy of their license in response to the IF, in order to be considered for contract award.

e. Failure to maintain a valid and proper class of Virginia Contractor’s license during performance of the contract may result in a termination for default.

H.12 STANDARD REFERENCES

(a) All documents and publications (such as, but not limited to, manuals, handbooks, codes, standards and specifications) cited in this contract for the purpose of establishing requirements applicable to equipment, materials or workmanship under this contract, shall be deemed to be incorporated herein as fully as if printed and bound with the specifications of this contract.

(b) Whenever reference is made to any such document, the Contractor shall comply with the requirements set out in the edition specified in this contract, or if not specified, the latest edition or revision thereof, as well as the latest amendment or supplement thereto, in effect on the date of the solicitation on this project, except as modified by, as otherwise provided in, or as limited to type, class or grade, by specifications of this contract.

(c) Federal Specifications, Federal Standards, Standard Specifications of the Public Buildings Service and Public Building

Service Standard Method of Test may be obtained from the Business Service Center at any General Services Administration

(GSA) Regional Office. Inquiries regarding "Commercial Standards", "Product Standards" and "Simplified Practice

Recommendations" should be addressed to the Standard Development Service Section, National Bureau of Standards, Washington, DC 20234. Publications of Associations referred to in the specifications may be obtained directly from the

Associations.

H.13 ADVERTISEMENTS, PUBLICIZING AWARDS, AND NEWS RELEASES

All press releases or announcements about agency programs, projects, and contract awards need to be cleared by the

Mount Weather Emergency Services Division and the Contracting Officer. Under no circumstances shall the

Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in

H-6 commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.14 CFR 44 PART 15

Code of Federal Regulations (CFR) 44 Part 15 applies to gain access to the MWEOC. Contractors are required to become familiar with Part 15 and ensure any sub-contractors are also familiar with these rules and regulations before entering the facility. See eCFR :: 44 CFR Part 15 -- Conduct at the Mt. Weather Emergency Assistance Center and at the

National Emergency Training Center

H.15 ON-SITE LODGING

On-site lodging at the Mount Weather Emergency Operations Center (MWEOC) may be available to contractor employees. This lodging will be at a cost to the contractor. Contractor employees may only utilize on-site lodging in direct support of this contract, based on sponsorship by the CO/COR. On-site lodging is limited and not guaranteed for any given day/night. If on-site lodging is being offered to contractor, it will be identified in the Statement of Work (SOW). In the event of an emergency, non-emergency contractor occupants may be asked to vacate lodging if needed to house those with an emergency mission at the

MWEOC.

H.16 ATTIRE AT MWEOC

Mt. Weather has a significant role in Government activity and is visited frequently by high-level Government officials and other dignitaries. All personnel and visitors are expected to use good judgment in choosing their attire in order to reflect an understanding of the importance of the MWEOC mission.