70FBR825R00000002_PHC-Repairs Request for Proposals.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

FEMA REGION 08

DHS PO BOX 25267 ATTN CONTRACTING

DENVER CO 80225

70FBR8

Department of Homeland Security

Federal Emergency Management Agency

Martin D. Meade martin.meade@fema.dhs.gov

Martin Meade 202-304-6557

DR4847CTM

x 09/22/2025

70FBR825R00000002

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Requirement Title: Permanent Housing Construction (PHC) – Repairs

Place of Performance: Within the Apsáalooke Nation (Crow) reservation in Montana

Contract Type: The contract type will be for a Firm-Fixed-Priced (FFP), non-commercial Multiple-Award, Indefinite-Delivery / Indefinite-Quantity (IDIQ) contract.

Brief Description of Work: The Contractor shall provide all supervision, materials, labor, permits, licenses, plans and specifications, record drawings, equipment, prepare construction cost estimates, and provide the necessary Construction services at Firm-Fixed-Prices (FFP) to repair homes damaged by a severe storm and straight-line winds, to provide a safe, sanitary, and functional home. NAICS: 236118

/ PSC: Z2FZ

Base IDIQ and associated Task Order contract Period of Performance: Base IDIQ

Contract Award date through May 15, 2026. The Contractor shall begin performance within two (2) calendar days and provide the required Contract deliverables identified in the contract, to include completed performance and payment bonds

Continued ...

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

2 240 calendar days and complete it within ________________ ________________ calendar days after receiving

Block 10

10/06/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FEMA REGION 08

DHS PO BOX 25267 ATTN CONTRACTING

DENVER CO 80225

70FBR8

Martin D. Meade

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract 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.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

70FBR825R00000002

required no later than 10 calendar days after

Contract award date. The U.S. Government reserves the right to extend the base IDIQ contract to coincide with any Direct Housing mission extensions, if necessary. Each Task Order contract under the base IDIQ contract will have its own performance periods established at award.

Federal Acquisition Regulation (FAR) Disclosure of the magnitude of construction projects:

Between $1,000,000.00 and $5,000,000.00. Actual funding will be obligated on each individual Task

Order contract awarded under the base IDIQ contract.

The Government, the Federal Emergency Management

Agency (FEMA) anticipates awarding Multiple Award

Construction contract vehicles set aside for small businesses only, under IDIQ contracts, if at least two responsive, responsible, currently capable small businesses can meet all the requirements, to increase small business participation in Federal contracting, and support

FEMA by providing construction services to repair residential homes damaged by the storm.

The FEMA Contracting Officer is below:

Martin D. Meade, (202) 304-6557, E-mail:

martin.meade@fema.dhs.gov

The FEMA Contracting Officer’s Representative

(COR) and Invoice approvers are below:

Tarrence J. Harmon, Sr., (817) 403-1179, E-mail:

Tarrence.harmon@fema.dhs.gov (Primary COR)

Francoise Dubois, (202) 256-9429, E-mail:

francoise.dubois@fema.dhs.gov (Alternate COR)

Delivery Location Code: FEMA

FEMA

500 C STREET

WASHINGTON DC 20472

Period of Performance: 11/30/2025 to 05/15/2026

0001 Firm-Fixed-Price (FFP) Non-commercial 1 LS

Construction services (Priced on Task Order

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

70FBR825R00000002

contract)

The scope of work includes, but is not limited to, general construction, demolition, and other construction consistent with the definition of

Construction in the Federal Acquisition

Regulation (FAR) Part 2. The Contractor shall perform all work at the Contractor's expense to obtain the necessary payment and performance bonds, permitting and licensing, pay Apsáalooke

Nation (Crow) Tribe’s Tribal Employment Rights

Ordinance 4% project fees and $200 per non-Indian worker permit fees, all taxes, to demolish and transport debris materials to the approved landfills, prepare the designated area for the house structure and repair houses per the

Government provided individual house projects scope of work, in accordance with the base IDIQ terms and conditions and Statement of Work and

Task Order Scope of Work contract requirements, to include required septic systems and AFN/ADA requirements to include decks and ramps, inclusive of all Construction services and items required to provide a safe, sanitary, and functional housing unit. Initial requirements estimate up to 25 house repair projects. Pricing for this line item is Lump Sum based on the individual housing project on the executed Task

Order contract. The Contractor shall provide an individual project schedule for each housing project from mobilization/permitting to completion, and priced Bill of Materials to include any long lead items. NAICS Code: 236118

PSC: Z2FZ.

Product/Service Code: Z2FZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER RESIDENTIAL BUILDINGS

0002 Firm-Fixed-Price (FFP) Commercial Services 1 EA

(Priced on base IDIQ contract)

Conduct and provide PHC-Repairs Cost Estimations based on property assessments to determine what repairs are required due to storm damages, to make the housing unit a habitable residential unit to U.S. Department of Housing and Urban

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

70FBR825R00000002

Development’s Housing Quality Standards. The cost estimation documents shall include a detailed

Scope of Work, and a comprehensive description of the required work with pricing per element of work, and estimated timelines to complete the repairs. The detailed pricing shall be

Firm-Fixed-Price all-inclusive to include labor, materials, overhead, profit, taxes, etc. The cost estimates will become the property of the U.S.

Government (FEMA), and may be provided to the

FEMA applicant. The Contractor shall be familiar with providing construction and engineering cost estimates using Xactimate software.

The Offeror shall provide their Firm-Fixed-Price

(FFP) for an all-inclusive price to provide this line item for providing the Cost Estimates. The

FFP shall be the price for providing one (1) each cost estimate per one housing project located on the Apsáalooke Nation (Crow) Tribe’s reservation in Montana. The FFP Cost Estimation price accepted by the Contracting Officer shall be used for the entire base IDIQ contract period of performance. NAICS Code: 236118 PSC: Z2FZ.

Product/Service Code: Z2FZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER RESIDENTIAL BUILDINGS

0003 Adjustable Firm-Fixed-Price Contingency Line Item 1 LS

(Priced on Task Order contract, as required)

Reserved for U.S. Government (USG) use for changes in house project scope of work and for payment of equitable adjustments resulting from directed changes and delays of previously approved house repair project schedules caused by issuance of Stop-Work Orders issued by the USG, and for the payment of equitable adjustments resulting from changes made in accordance with

FAR Changes Clauses included in the contract. Any equitable adjustments paid for under this line item must be approved by the Government

Contracting Officer prior to the work prompting the equitable adjustment being executed. The USG

(FEMA) Contracting Officer must determine that the equitable adjustment is fair and reasonable for payment to be authorized under this CLIN.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

6 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

70FBR825R00000002

The Contractor is not to include a dollar amount for CLIN 0003 or its SubCLINs. CLIN

0003 is reserved for the USG's use as a not separately priced item with a Not-to-Exceed (NTE) amount determined by the FEMA Contracting

Officer. NAICS Code: 236118 PSC: Z2FZ.

Product/Service Code: Z2FZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER RESIDENTIAL BUILDINGS

0004 Adjustable Firm-Fixed-Price ADA/AFN Line Item 1 LS

(Priced on Task Order contract, as required)

If American Disabilities Act (ADA)/Access and

Functional Needs (AFN) compliance is required and not already provided in the damaged housing unit, or other improvements are required to provide reasonable accommodations for an eligible applicant, the costs will be factored into the contract, if the FEMA makes the modifications. If the Contractor is chosen by the FEMA Contracting

Officer to make the modifications/improvements, FEMA will pay a negotiated fixed amount for the costs of the work. All work will be in compliance with Americans with Disabilities Act

Accessibility Guidelines (ADAAG), and building codes and standards, along with other Federal requirements. The Government Contracting Officer must approve the changes prior to ordering of any materials and prior to any work beginning. NAICS

Code: 236118 PSC: Z2FZ.

Product/Service Code: Z2FZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER RESIDENTIAL BUILDINGS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Table of Contents Section A – Standard Form 1442 Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions, and Notices to Offerors Section M - Evaluation Factors for Award

Section B, Supplies or Services and Prices.

Request for Proposal (RFP) 70FBR825R00000002 – Permanent Housing Construction (PHC) – Repairs

This Request for Proposal (RFP) seeks to establish a contract(s) for non-commercial Construction services at Firm-Fixed-Prices to repair eligible FEMA applicant’s damaged dwellings impacted on the Apsáalooke Nation (Crow) reservation in Montana. In addition, it will provide a means to provide cost estimates for the repair of damaged dwellings impacted by the storm. All repair work will be performed on the Apsáalooke Nation (Crow) reservation in Montana. The damage to the residential housing units compromised roof, wall, and floor systems, which exposed interiors of the affected structures.

This is a full and open competitive acquisition total small business set-aside, multiple award, Indefinite-Delivery / Indefinite-Quantity (IDIQ) type contract This solicitation and non-commercial contract award is in accordance with various Federal Acquisition Regulation parts, to include FAR Parts 15, 16, 18, 19, & 36.

The purpose of this solicitation is to identify potential Contractors with the current capacity and capability to perform various home repairs on multiple housing units simultaneously, with subcontracting out none of the work, or a small portion of the home repair project. The housing repair projects may be competed against all base IDIQ Holders.

North American Industry Classification System (NAICS) Code: 236118, Residential Remodelers

Product Service Code (PSC): Z2FZ, Repair or Alteration of Other Residential Buildings

Lump-Sum Firm-Fixed-Price (FFP) basis. All repair projects will be issued and funds obligated on a Task Order contract from the Contractor’s base IDIQ contract. The Contractor will use the Scope of Work in Excel format provided by the U.S. Government (USG) to provide a FFP for each aspect of the required work. This will be an all-inclusive FFP amount, to include all costs, such as the Contractor’s General and Administrative (G&A) expenses, and their Profit amount.

The USG will use the Contractor’s quote and compare it to the USG’s Independent Government Cost Estimate and may use Price/Cost analysis methods to determine the price as fair and reasonable. The base IDIQ Holder with the lowest overall fair and reasonable price may receive the Task Order award. There may be circumstances when it is appropriate for the USG to make awards under a sole-source basis, or without providing a fair opportunity to compete, such as orders placed below the micro-purchase threshold, or orders issued under FAR 19.54(c)(1)(ii).

The USG Contracting Officer reserves the right to negotiate the final agreed to price. For the Cost Estimate Contract Line Item Number (CLIN), the FFP will be the agreed to price at the time of the base IDIQ award.

All Task Order request for quote (Task Order Proposal Request (TOPR)) submissions shall include the Government-provided Excel Pricing document, a comprehensive list of building materials to include prices and any long lead items, and a detailed project schedule for each housing repair project.

Pricing shall be on a Firm-Fixed-Price basis inclusive of personnel, facilities, equipment, material, supplies, services, travel, and transportation (except as may be expressly set forth in this contract, and associated task orders) and otherwise do all things necessary to, or incidental to, performing and providing the items as required by the contract.

For the Repair project CLIN, the Contractor may be paid a monthly progress payment based on the agreed to schedule to complete the entire project, to include punch list items and final clean

up. All change orders will be negotiated and agreed to by the Federal Emergency Management Agency (FEMA) Contracting Officer (CO) prior to start of the work and definitized accordingly in writing.

Minimum and Maximum Quantity Dollar Value Limits.

Minimum Quantity:

As prescribed in FAR Clause 52.216-22, the guaranteed minimum that the USG agrees to order during the period of this contract is $2,000. If the Contractor receives total orders for less than $2,000 during the ordering period of the contract, the USG will pay the difference between the amount ordered and $2,000. The guaranteed minimum applies only if the contract expires, or contract cancellation is initiated by the USG. The guaranteed minimum does not apply if the contract is terminated for cause, or if the contract is canceled at the request of the Contractor.

Maximum Quantity:

The maximum amount for each contract awarded under this multiple award Indefinite-Delivery / Indefinite-Quantity contract shall be a shared ceiling of $3,929,450.00 for the ordering period of the contract.

Performance and Payment Bonds.

The Contractor shall furnish a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A) for the full awarded dollar value (100%) no later than 10 calendar days after base IDIQ contract award from a certified company listed in the Department of Treasury Circular 570.

Correspondence Procedures.

To promote timely, and effective administration, correspondence (except for invoices and reports) submitted under this contract is subject to the following procedures:

Subject Line(s) - All correspondence shall contain a subject line, commencing with the contract number and subject matter. An example is illustrated below:

SUBJECT: CONTRACT NO. (70FBR826DXXXXXXXX), REQUEST FOR SUBCONTRACT

CONSENT.

Technical Correspondence - Technical correspondence (as used herein, this term excludes correspondence where patent or proprietary data issues are involved or correspondence which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms, or conditions of this contract) should be addressed to the FEMA Contracting Officer, with an information copy of the correspondence to FEMA Contracting Officer’s Representative (COR).

END OF SECTION B

Section C - Description/Specifications.

See Exhibit 2 – Section C Statement of Work

END OF SECTION C

Section D – Packaging and Marking.

There are no packaging and marking requirements associated with this requirement.

END OF SECTION D

Section E - Inspection and Acceptance.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far and https://www.acquisition.gov/hsar

FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) http://www.acquisition.gov/far https://www.acquisition.gov/hsar

FAR 52.246-12 Inspection of Construction. (AUG 1996)

FAR 52.246-15 Certificate of Conformance. (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows: "I certify that on [insert date], the [insert Contractor's name] furnished the supplies or services called for by Contract No [ ] via [Carrier] on [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution: [ ]

Signature [ ]

Title: [ ]

(End of Clause)

FAR 52.246-16 Responsibility for Supplies. (APR 1984)

END OF SECTION E

Section F - Deliveries or Performance.

FAR 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within as stated in task order calendar days after the date the Contractor receives the Notice-to-Proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than as stated in task order and/or NTP. The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

FAR 52.211-13 Time Extensions. (SEP 2000)

FAR 52.211-18 Variation in Estimated Quantity. (APR 1984)

FAR 52.236-15 Schedules for Construction Contracts. (APR 1984)

FAR 52.242-14 Suspension of Work. (APR 1984)

FAR 52.242-15 Stop-Work Order. (AUG 1989)

FAR 52.242-17 Government Delay of Work. (APR 1984)

FAR 52.211-12 Liquidated Damages - Construction. (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the Task Order contract, the Contractor shall pay liquidated damages to the U.S. Government in the amount of $1,193.00 for each calendar day of delay until the work is completed or accepted.

(b) If the U.S. 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.

(End of clause)

Period of Performance

The ordering period shall be through May 15, 2026. Task orders issued under this contract shall have their own period of performance identified in the task order contract. Task Orders can be issued with an end date beyond the base IDIQ contract’s period of performance.

Place of Performance

Within the Apsáalooke Nation (Crow) reservation in the State of Montana.

Task Order Contracts

Task Order contract requirements under this base IDIQ contract shall be executed through the issuance of a Task Order Proposal Request (TOPR). The period of performance will be established with each order. The Contractor will be given a minimum of 72 hours’ notice of FEMA’s intention to request a new order. The Contractor shall submit a proposal in response to each request within the timeframe specified. FEMA reserves the right to decline to issue a specific order to the Contractor after reviewing the Contractor's proposal. No reimbursement shall be made for preparation of task order proposals. After issuance of a Task Order contract, no changes in scope of work shall be undertaken without the explicit authorization of the FEMA Contracting Officer.

END OF SECTION F

Section G - Contract Administration Data.

FAR 52.216-32 Task-Order contract Ombudsman. (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Ombudsman, Ms. Keecha P. Elliott, Acquisitions Operations Division, Office of the Chief Component Procurement Officer, FEMA, Keecha.Elliott@fema.dhs.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

FAR 52.216-18 Ordering. (AUG 2020)

(a) Any services to be furnished under this contract shall be ordered by issuance of task order contracts by the individuals or activities designated in the Schedule.

Such orders may be issued from Date of Award through end of period of performance end date.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(c) A task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

mailto:Keecha.Elliott@fema.dhs.gov

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the task order via e-mail to the Contractor's e-mail address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $4.0 million;

(2) Any order for a combination of items in excess of $4.0 million; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for or services needed and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the period of performance end date specified in each awarded task order.

(End of clause)

Technical Direction and Surveillance.

Performance of the work under this contract 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 the statement of work for this contract.

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

Constitutes an assignment of additional work outside the Statement of Work;

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

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;

Changes any of the expressed terms, conditions, or specifications of the contract; or Interferes with the Contractor's right to perform the specifications of the contract.

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

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 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: the technical direction is rescinded in its entirety, 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.

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 of this contract.

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

Ordering Placement Procedures.

The U.S. Government (FEMA Contracting Officer) shall compete in accordance with the terms and conditions of this contract and award requirements under this contract via a Task Order Proposal Request (TOPR) and Task Order Contracts (TOs), in accordance with FAR 16.505 Ordering and this contract.

All Task Order request for quote (TOPR) submissions shall include the Government-provided Microsoft Excel Pricing completed document, a comprehensive list of building materials to include prices and identify any long lead items, and a detailed project schedule for each housing repair project.

Fair Opportunity for Consideration.

(a) Fair opportunity to each Contractor may be considered for all orders exceeding the micro-purchase threshold, except as provided in FAR Part 16.505(b)(2), and as specified elsewhere in this contract. As of September 10, 2025, the current Micro-purchase threshold is $2,000.00.

(b) Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for task orders which are expected to exceed $2,000.00 when the Contracting Officer determines one of the following conditions apply:

(1) The agency need for services is of such urgency that providing an opportunity would result in unacceptable delays and/or,

(2) Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized and/or,

(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under this contract, provided that all awardees were given fair opportunity to be considered for the original order. When deciding whether to negotiate a sole source logical follow-on task order with the current contractor, consideration will be given to the Contractor’s past performance and price, and/or,

(4) It is necessary to place an order to satisfy a minimum ordering requirement of the contract.

(c) In all circumstances, if the Contractor intends not to submit a solicitation response, a “No Bid” must be submitted to the Contracting Officer (CO). All “No Bids” shall include a brief explanation as to the reason for a “No Bid” and the response may take the form of an e-mail transmission to the CO. Additionally, all No Bid responses shall be captured in the weekly meeting minutes.

(d) When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score Offerors, post notice in the Federal Business Opportunities, or hold discussions or negotiations with each awardee. Even though the Contracting Officer does not have to comply with the competition rules in FAR Part 6, and does not have to conduct discussions before issuing a task order, there will be an internal record of why a particular Offeror was chosen for award.

Section H - Special Contract Requirements, including internal USG Appendix G requirements.

HSAR 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

HSAR 3052.204-72 Safeguarding of Controlled Unclassified Information. (JUL 2023)

HSAR 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents. (JUL 2023)

HSAR 3052.223-70 Removal or disposal of hazardous substances-applicable licenses and permits. (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws, to include Crow laws, to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within five (5) days after date of award of the Task Order contract requiring this work. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of clause)

HSAR DEV (FORMERLY 15-01B) INFORMATION TECHNOLOGY SECURITY

AWARENESS TRAINING (JULY 2023)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change.

The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security- and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs- security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award.

Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually, and the COR will provide notification when a review is required.

(End of clause)

Electronic and Information Technology ELECTRONIC AND INFORMATION

TECHNOLOGY

The Federal Emergency Management Agency (FEMA) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Pursuant to the Workforce Investment Act of 1998, 29 U.S.C. § 794d, FEMA must ensure the accessibility of its programs and activities to all current and potential users, specifically its obligation to acquire and use accessible Electronic and Information Technology

(EIT) including web pages, software, telecommunications, kiosks and other information transaction machines, and fax machines, copiers, printers and other information technology office equipment. To comply with the provisions of this clause, the contractor shall provide EIT that meets the intent of the Workforce Investment Act of 1998 which requires, regardless of medium, --individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and individuals with disabilities who are members of the public seeking information or services from FEMA to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

Furthermore, the contractor shall comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR 1194 and http://www.section508.gov.

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

A. Contractor Performance Evaluations

Interim and final performance evaluation reports will be prepared on this contract and/or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order.

Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Representatives (CORs), and/or project managers. The CPARS Assessing Officials (AOs) are the Contracting Officers (CO) or Contract Specialists (CS) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments.

The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via CPARS.

The contractor representative will be given up to fourteen (14) days to submit written comments or a rebuttal statement. Within the first seven (7) calendar days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report.

The AO may complete the evaluation without the contractor representative’s comments if none are provided within the fourteen (14) day comment period. Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the Reviewing Official (RO) within the division/branch the AO is assigned. Once the RO completes the review, the evaluation is considered complete, and the decision is final.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used in future award decisions.

B. Designated Contractor Representative

The contractor must identify a primary representative for this contract and provide the full name, title, phone number, e-mail address, and business address to the CO within 30 days after award.

The contractor representative is encouraged to provide a contractor self-assessment for each period being evaluated 30 days prior to the last day of the evaluation period which will be considered by the AOR/AO when preparing the evaluation.

C. Electronic Access to Contractor Performance Evaluations

The AO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point (FP).

The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS.

The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated e-mail from CPARS when an evaluation report has been completed.

Release, Publication and Use of Government Furnished Data

No contractor shall have the right to use, release to others, reproduce, distribute, or publish any government furnished data first produced or specifically used by the contractor in the performance of this contract with prior written permissions from FEMA.

Service Contract Wage Determination

The resulting contract and Orders will be subject to the Department of Labor (DOL) Service Contract Act. A copy of the applicable Wage Determination will be provided with the solicitation.

Applicable wage determinations will be incorporated under the Task Order contracts, as necessary.

Interpretation of Contract Requirements

No interpretation of any provisions of the contract, including applicable specifications, shall be binding on FEMA unless furnished or agreed to in writing by the Contracting Officer (CO).

Correspondence Procedures

To promote timely and effective administration, correspondence (except for vouchers submitted under the contract) shall be subject to the following procedures:

(a) Technical correspondence (where technical issues relating to compliance with order specifications are involved) shall be addressed to the Contracting Officer’s Representative (COR) with information copies to the CO/Contract Specialist (CS).

(b) All other correspondence (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of the contract) shall be addressed to the CO/CS with a copy to the COR.

Contractor Commitments, Warranties, Representations

Any written commitment by the Contractor within the scope of the contract shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable under the default provisions for damages due to FEMA under the terms of the contract. For the purpose of the resulting contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or representation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or specifications accompanying or referred to in a proposal, and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

Use of FEMA Name or Contractual Relationship in Advertising

The Contractor agrees not to refer to awards from or contracts with FEMA in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by FEMA or is superior to other products or services. The Contractor also agrees not to distribute or release any information which states or implies that FEMA endorses, uses, or distributes the Contractor's product or service.

Advertisements, Publicizing Awards and News Releases

All press releases or announcements about agency programs, projects, and contract awards must be cleared by the Program Office as authorized by the CO, working with the Office of External Affairs.