70FA5026Q00000002 final.pdf

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B401 Tenant Buildout
Solicitation number
70FA5026Q00000002
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This document is a Request for Proposal (RFP) for a construction project issued by the Federal Emergency Management Agency (FEMA) at the Mount Weather Emergency Operations Center. The solicitation is for a B401 Tenant-6 interior fit-out project, involving approximately 7,000 square feet of office space renovation, including conference rooms, offices, storage areas, and special use spaces. The project encompasses mechanical systems evaluation, site improvements, interior finishes, furniture and equipment installation, and associated infrastructure modifications.

The contract is set aside as a 100% HUBZone small business opportunity, with a solicitation number of 70FA5026Q00000002 and an estimated construction magnitude between $5 million and $10 million. Key dates include a pre-proposal site visit on January 22nd, 2026, contractor questions due by January 26th, 2026, and proposals due on February 10th, 2026 at 12:00 PM ET. The period of performance is from March 6th, 2026 to February 5th, 2027. Contractors must possess a valid Virginia contractor's license and comply with Davis-Bacon wage determinations. The project requires compliance with specific security protocols, including background investigations and training for personnel working at the Mount Weather facility.

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

236220

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FA50

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

01/09/2026

(540) 542-2248Matthew Raible (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

02/10/2026 1200 ES

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FA5026Q00000002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE OF

1 2

1. REQUISITION NUMBER

WX00447Y2026T, WX00454Y2027TOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MOUNT WEATHER VA 20135

19844 BLUE RIDGE MOUNTAIN ROAD

MT WEATHER EMERGENCY OPERATIONS CENTER

FEDERAL EMERGENCY MANAGEMENT AGENCY

15. DELIVER TO

MT WEATHER VA 20135-2006

19844 BLUE RIDGE MOUNTAIN ROAD

MT WEATHER EMERGENCY OPERATIONS CTR

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$45

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

X

FEMA- MT WEATHER

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PROJECT TITLE: B401 TENANT BUILDOUT

MAGNITUDE OF CONSTRUCTION: BETWEEN $5,000,000 AND

$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.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Matthew Raible

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THIS PROJECT IS NOT CONSIDERED CLASSIFIED.

THIS SOLICITATION IS 100% HUBZONE SET ASIDE

NAICS CODE: 236220

IMPORTANT DATES:

ACCESS FORMS DUE TO GOV’T: JANUARY 14TH, 2026

(EMAIL TO:

FEMA-MW-EN-Contractoraccess@fema.dhs.gov)

(PASSWORD PROTECT and Include Solicitation Number and project title) PRE-PROPOSAL SITE VISIT:

01/22/2026 (SEE SECTION L.5 FOR MORE DETAILS)

CONTRACTOR QUESTIONS DUE TO GOV’T: 1/26/2026 @

5PM ET

PROPOSALS DUE TO GOV’T: 2/10/2026 @ 12PM NOON ET

Period of Performance: 03/06/2026 to 02/05/2027

SEE ATTACHED CLIN SCHEDULE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

70FA5026Q00000002 Section B

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CLINs

SEE OPTIONAL FORM 336

70FA5026Q00000002 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

70FA5025Q00000002 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.

70FA5026Q00000002 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.

70FA5026Q00000002 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.

NUMBER TITLE DATE

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 $1,916.60 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.

F-4

PAGE INTENTIONALLY LEFT

BLANK

70FA5026Q00000002 Section G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT PERSONNEL

The Contracting Officer's Representative shall be: Peter Marshall

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.

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.

PAGE INTENTIONALLY LEFT BLANK

70FA5026Q00000002 Section H

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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 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.3 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.4 SAFETY

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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.

H.5 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.6 INSURANCE WORK ON GOVERNMENT INSTALLATION

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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 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.7 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 VA20250200, dated 06/20/2025 are included in Attachment C.

H.8 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.9 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.

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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.

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.10 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.11 STANDARD REFERENCES

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(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.12 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 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.13 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.14 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.15 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. Certain restrictions are established to set minimum standards and promote safe working conditions.

Due to safety concerns the wearing of shorts cannot be permitted for personnel or contractors performing construction activity. Contractors performing fieldwork or construction activity will wear at a minimum: short sleeve shirt, long trousers, leather or other protective work shoes or boots.

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T-shirts without collars are acceptable, but the shirt must have sleeves. Personal safety requirements always take precedence over the provisions of this direction.

Inappropriate Attire:

1. Tank tops or other sleeveless men's shirts.

2. Tube tops and similar women's garments.

3. Shorts or skirts more than four (4) inches above the knee.

4. Spandex pants (worn as outer garments).

5. Rough cropped pants or tops.

6. Plastic or rubber shower thongs (flip-flops).

7. House slippers.

8. See-through, low cut or revealing clothing.

9. Clothing that shows logos, artwork, or designs that could be considered offensive or inappropriate to anyone on site.

10. Excessively worn or tattered clothing.

11. Hats when indoors unless required as part of a uniform.

H.16 HOSTING IFB ON A FTP SITE OR PUBLIC INTERNET URL

When necessary, the Contractor shall make appropriate security safeguards prior to hosting unclassified IFB solicitation attachments in electronic format, for viewing at a publicly accessible URL. Unclassified IFB Spec/Drawing attachments shall not be accessible via the internet at a publicly accessible URL, without a strong password protection encryption/firewall. Contractor will be briefed at Site Visit/PRECON, in regards to handling of information related to this sensitive project.

H.17 STOP WORK/SUSPENSION OF WORK MWEOC EXERCISES

The Mount Weather facility will be occupied during construction operations and must remain operational and accessible throughout the project. Limited and short duration utility outages shall be permitted with close coordination and approval from the COR. Under certain circumstances, the Government may find it necessary to halt construction operations and have the Contractor’s personnel vacate the construction site and Area A with little advance notice. All possible advance notice of impending work stoppage requirements will be provided to the Contractor. It is likely that a suspension of work totaling four to five non-consecutive calendar days will occur on an annual basis. Only the CO can issue a stop work order.

H.18 SECURITY INFORMATION

Unauthorized Disclosure of Classified or Unclassified Information:

Contractors and Subcontractors who are working on this contract shall receive Unauthorized Disclosure of Classified or Unclassified Information training.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

OPSEC Training:

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.

Access to the briefing can be obtained at http://cdsetrain.dtic.mil/opsec Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract.

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