70FBR927Q00000003 - Solicitation.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

70FBR927Q00000003

FEMA REGION 09

1111 BROADWAY SUITE 1200

OAKLAND CA 94607-4052

70FBR9

George Brown

11/02/2026

11/17/2026

10 60

1 51

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

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

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

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

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

George Brown

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

70FBR927Q00000003

This is a Request for Proposal (RFP) for a firm-fixed priced (FFP) offer for construction services to erosion repairs and mitigation measures for two areas of the Kilohana site designated as the South Damage Area and the

Northeast Damage Area as outlined in the

Statement of Work (SOW) included as Attachment

1 within this RFP.

Pursuant to FAR 36.204(f), the estimated price of this project is between $160,000.00 and

$220,000.00 price range but see Offer

Affordability Notice in Section L of this RFP.

0001 Erosion repairs and mitigation accordance with

Attachment 1-Statement of Work.

FFP

70FBR927Q00000003

TABLE OF CONENTS

PART I – The Schedule

A – Solicitation/Contract Form B – Supplies or Services and Prices / Costs

C – Description/Specifications D – Packaging and Marking

E – Inspection and Acceptance FAR Clauses Incorporated by Reference

Final

Contractor Quality Control

F – Deliveries or Performance FAR Clauses Incorporated by Reference

FAR Clauses Incorporated in Full Text Utilization of Government Property

Government Furnished Utilities Interruptions of Utilities

Schedule of Values

Progress Schedule Submittals

Operating and Maintenance Data and Instructions G – Contract Administration Data

Identification Of Government Officials Billing & Invoice Instructions

Invoice Approval Defective Invoices

Security Considerations H – Special Contract Requirements

Wage Determination Minimum Insurance Required for Work under this Contract

PART II – Contract Clauses I – Contract Clauses

FAR Clauses Incorporated by Reference

FAR Clauses Incorporated in Full Text

Homeland Security Acquisition Regulation (HSAR) Clauses Incorporated by Reference Homeland Security Acquisition Regulation (HSAR) Clauses Incorporated in Full Text

FEMA Clauses

AI Language

NARA Records Management Language for Contracts PART III – List of Documents, Exhibits, and Other Attachments

J – List of Documents, Exhibits, and Other Attachments PART IV – Representations and Instructions

K – Representations, Certifications, and Other Statements of Offerors or Respondents 37 FAR Provisions Incorporated by Reference

FAR Provisions Incorporated in Full Text

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

L – Instructions, Conditions, and Notices to Offerors or Respondents

FAR Provisions Incorporated by Reference FAR Provisions Incorporated in Full Text

Offer Affordability Offer Preparation Instructions

M – Evaluation Factors for Award

PART I – The Schedule

A – Solicitation/Contract Form Reference SF1442 (p.1-2)

B – Supplies or Services and Prices / Costs Reference OF336 Continuation Sheet (p.3)

C – Description/Specifications Statement of Work (SOW) referenced in Section J as Attachment 1.

D – Packaging and Marking If any materials paid for by the Government and obtained by the Contractor for use under this contract are deemed excess and desired to be retained by the Government, then these items shall be neatly repackaged and if necessary, appropriately labeled.

E – Inspection and Acceptance

FAR 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" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

Reference inspection and acceptance rights as outlined at 52.213-4(d) and as follows:

Clause Description Date 52.246-12 Inspection of Construction Aug 1996

52.246-13 Inspection--Dismantling, Demolition or Removal of Improvements Aug 1996

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

Inspection/Acceptance: FEMA-Long Term Recovery Office

FEMA-DR-4724-HI

535 Lipoa Pkwy Kihei, Hawaii 96753

For the purpose of this/these clause(s), the Contracting Officer’s Representative (COR) or Alternate 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.

Contractor Quality Control 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.

Kick-Off Conference After the contract is awarded and before 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 five (5) days after award, the following information:

(1) 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.

Quality Control System

(1) 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 the materials, workmanship, work effort, 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 work sequence in a manner to prevent 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 work 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 work is proceeding in accordance with contract requirements.

Quality Control Reports The Contractor shall furnish a daily 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 (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.

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.

(Reference sample of typical Contractor Daily Quality Control Report.)

Daily Quality Control Report

CONTRACTOR'S NAME

CONTRACTOR ADDRESS

Contract No. Date Project Name Report No.

Weather Phases of Work in Progress (give briefly only phase or phases of work in progress) Material and/or Equipment Delivered to Site (include equipment demobilization) Inspection Made (include negative inspections, phase of work inspected and inspections) Preparatory Initial Follow-up Tests Performed and Results of Tests (include results of tests taken on previous dates) Verbal Instructions Received (list any instructions given by Government personnel on construction deficiencies, retesting required etc., with action to be taken) Changed Conditions/Delays/Conflicts Encountered Remarks

SIGNATURE Quality Control Inspector

Contractor's Verification: The above report is complete and correct and all material and equipment used and work performed during this reporting period are in compliance with the contract plans and specifications except as noted above.

Contractor's Approved Authorized Representative

F – Deliveries or Performance

FAR 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" contained in this document. See FAR 52.252-2 for an

52.242-14 Suspension of Work Apr 1984

FAR Clauses Incorporated in Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984) The Contractor shall be required to (a) commence work under this contract within thirty (30) 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 sixty (60) days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Utilization of Government Property 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. 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.

The Government property to which the Contractor has access will at all times be in the custody of the Government and will not be considered "Government Property" furnished to the Contractor. The Government property to which the Contractor will have access under this clause will be made available during the life of the Contract. In the event the Property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the Contractor thereby, and shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled, "Changes."

Government Furnished Utilities In accordance with the clause in Section I, 52.236-14, Availability and Use of Utility Services, the Government shall furnish to the Contractor, at date of award, electrical power and domestic water from "existing outlets". These utilities will be provided to the Contractor at no cost.

However, electrical power for curing concrete will not be provided.

Interruptions of Utilities

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

(2) Request for permission to shut down services shall be submitted in writing to the COR not less than 10 days prior to date of proposed interruption. The request shall include the following information:

Nature of Utility (electric, sewer, water, roadway, etc.)

Size of line and location of shutoff Buildings and services affected Hours and date of shutoff Estimated length of time service will be interrupted

(3) Services shall not be shut off until receipt of approval of the proposed hours and date from the COR.

(4) Shutoffs that will cause interruption of Government work operations as determined by the COR shall be accomplished during regular non-work hours or non-work days of the using agency without any additional cost to the Government.

(5) Operation of valves on water mains will be made by Government personnel. Where shutoff of water lines interrupts service to fire hydrants or fire sprinkler systems, the Contractor shall arrange his 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.

Schedule of Values Within ten (10) calendar days after receipt of the Notice to Proceed, the Contractor shall submit a Schedule of Values (SOV) to the Contracting Officer, COR, and Alternate COR that will be utilized to process monthly invoices. Future monthly invoice submissions may require an updated SOV based on invoiced amount and actual project progress.

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) days after work commences, prepare and submit to the Contracting Officer, COR, and Alternate COR one (1) 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 award and indicating calendar days to completion and/or targeted completion dates.

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 Progress Schedule shall be modified by the Contractor to reflect authorized changes in the work and extensions of time. The modified schedule will then be promptly forwarded for approval to the Contracting Officer.

d) The Progress Schedule shall be the medium through which the timeliness of Contractor work effort is appraised.

Submittals

a) Submittal Control Form: The Contractor shall submit for approval to the Contracting

Officer's Representative (COR) a minimum of one (1) copy of the Submittal Control Form, USACE 4025 or COR / Alt COR approved alternative form.

(1) Content: Such submittals as shop drawings, including manufacturer's literature, certificates of compliance, material samples, test reports and applicable technical data shall be itemized on the form. For each submittal the form shall include type of submittal, contract requirement reference, Contractor's scheduled dates for submitting such items, who is to perform the review and projected procurement dates. The form on which to include the above information will be furnished to the Contractor by the

COR.

(2) Submittal of Form: In preparing the form, adequate time will be allowed for review, approval and/or comments, and possible re-submittal on those items designated for approval action by the Government. The scheduling will also be coordinated with the progress schedule.

(3) Updating: The Contractor shall keep the form current by making daily entries to include added or deleted items or changes in scheduled dates. Although periodic submittals of the form are not required, the Contractor shall advise the COR in writing when revisions to the initial scheduling are made. The Contractor's updated/revised scheduling shall be made available to the COR upon request for monitoring. The status of shop drawings and other submittals will be considered in determining satisfactory progress in connection with the payment provisions of the contract. Payment for materials on or off site will not be allowed for materials for which appropriate submittals have not been made and certified or approved.

b) Submittal Procedures:

(1) Prior to any submittal of shop drawings, lists of materials, fixtures, and equipment, the Contractor shall review and ensure that such submittal is correct and in strict compliance with the contract drawings and specifications.

(2) Submittals for Government Approval: The Contractor shall submit to the COR a minimum of three (3) sets of all shop drawings, manufacturer's specifications and catalog extracts which have been designated for approval action by the Government.

Submittals of the following items are hereby specifically designated to be submitted to the COR for review and approval:

Extensions of design;

Deviations and/or departure from the contract documents (with a copy furnished to the Contracting Office, directly);

Any items of equipment whose compatibility with the entire system must be checked.

The Contractor shall make any corrections required by the COR. If the Contractor considers any corrections indicated on the submittals to constitute a change to the contract drawings or specifications, notice as required under the clause entitled "Changes" will be given to the Contracting Officer.

(3) Contractor Certified Submittals: Three (3) sets of all Contractor certified shop drawings, material lists, catalog cuts, and equipment lists shall be submitted by the Contractor to the COR not less than two weeks prior to Contractor's procurement of such materials, equipment, etc. Such submittals will be accepted for information purposes only. All samples of materials submitted as required by these specifications shall be properly identified and labeled for ready identification, and upon being certified, stored at the site of the work for jobsite use until all work has been completed and accepted by the COR. Each copy of the drawings, list, etc., reviewed and certified by the Contractor and not designated to be reviewed and approved by the Government shall be identified as having received such review and certification by being so stamped, signed, and dated by the Contractor. The stamp for certification action by the Contractor shall be similar to the following:

CONTRACTOR (Firm Name)

A - Certified to comply with contract drawings and specifications.

B - Certified to comply with contract drawings and specifications as noted on shop drawings and/or attached sheet(s). (Resubmission not required provided installation conforms as noted.)

Signature:

Title:

Date:

(4) Certificates of Compliance: Any certificates required for demonstrating proof of materials with specifications requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Certificates of compliance shall be submitted, to the COR, ten (10) days prior to the use of the material in the project.

(5) Test Reports: Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the reports apply. Certifications shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

c) The COR will review all submittals and return to the Contractor, within thirty (30) calendar days exclusive of mailing time, a statement signifying approval/disapproval of the submittals. The Contractor shall follow the submittal procedures set forth in SUBMITTALS and the specifications. It shall be the Contractor's responsibility to provide materials meeting ASTM and U.L. requirements as stipulated by this contract.

Operating and Maintenance Data and Instructions The Contractor shall furnish to the COR, prior to the completion of the work under this contract, three (3) copies of an indexed, tabbed maintenance and operations manual to include all mechanical, electrical items as listed below. The binder shall be of the three (3) post type with a sturdy continuous piano hinge with the following information:

a. Operating instructions detailing step-by-step procedures required for system start-up.

b. Maintenance instructions listing routine maintenance procedures, possible breakdowns and repairs shall be furnished.

c. For each component part installed, the instructions shall include manufacturer's name, model number, serial number, operating instructions, service manual showing parts list, dismantling, and reassembly techniques. The service manual shall identify part numbers for ordering replacement parts.

d. Component part guarantees.

e. Manufacturer's cut sheets.

f. Sequence of operation including system control diagram.

g. Manufacturer's test results shall be provided in accordance with the requirements stated in each specification section.

h. Field performance test results shall be provided in accordance with the requirements stated in each of the specification sections.

i. Framed instructions under glass or in laminated plastic, including wiring and control diagrams showing the complete layout of the entire system, including equipment, piping, valves and control sequence, shall be posted where directed. Condensed operating instructions explaining preventive maintenance procedures, methods of checking the system for normal safe operation, and procedures for safely starting and stopping the system shall be prepared in typed form, framed as specified above for the wiring and control diagrams, and posted beside the diagrams. Proposed diagrams, instructions, and other sheets shall be submitted prior to posting. The framed instructions shall be posted before acceptance testing of the systems.

G – Contract Administration Data

Identification of Government Officials

The Government officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: George Brown Phone: 202-710-9631 Email: george.brownjr@fema.dhs.gov Fax: N/A

Contracting Officer’s Representative (COR):

Name: Toby Onyekonwu Phone: 202-705-0178

Email: toby.onyekonwu@fema.dhs.gov

Billing & Invoice Instructions Payments shall be made consistent with the approved Schedule of Values and the requirements of the clause at FAR 52.232-5 (incorporated by reference in Section I).

The Contractor shall submit invoices electronically (preferably) in pdf format on a monthly basis to the FEMA Finance Center at FEMA-FINANCE-VENDOR-Payments@fema.dhs.gov and copy the CO and COR.

To be considered proper, invoices shall contain at a minimum the following:

(1) Names and address of the servicing finance office (as follows) FEMA Finance Center P.O. Box 9001 Winchester VA 22604

(2) Name and address of Contractor

(3) Contract or Purchase Order Number

(4) Date invoice prepared and submitted

(5) Invoice #. If submitted invoice(s) requires revision(s), an “R” and corresponding number shall be added to the end of the Invoice #. Ex. Revision 1 e.g. “######R1” or Revision 2 e.g. “#####R2” and so on. Final invoices shall be represented as “######-

FINAL.”

(6) Name of CO and COR or Authorized Invoice Approver

(7) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

mailto:george.brownjr@fema.dhs.gov mailto:toby.onyekonwu@fema.dhs.gov mailto:FEMA-FINANCE-VENDOR-Payments@fema.dhs.gov

(8) A summary of claimed current and cumulative goods and services delivered and accepted to date by item and by CLIN.

(9) Discount terms if applicable.

(10) Taxpayer Identification Number (TIN) and electronic funds transfer (EFT) information or directions e.g. pay via SAM.gov ACH.

Invoice Approval

INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice Approver

Name: Toby Onyekonwu Title: Contracting Officer’s Representative Email: toby.onyekonwu@fema.dhs.gov

Defective Invoices

DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

The name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice shall be indicated on submitted invoices.

To be completed and submitted with offeror’s quote.

Name:

Title: President Phone:

Email:

Security Considerations

Contractor’s employees shall not enter the Kilohana housing units or pro-actively engage with Kilohana residents.

H – Special Contract Requirements

Wage Determination In the performance of this contract the Contractor shall comply with the requirements of U.S.

Department of Labor (DoL) Wage Determination / General Decision Number HI20260001 published 10/15/2026, which is contained as Attachment 2 to this solicitation / contract.

mailto:toby.onyekonwu@fema.dhs.gov

Minimum Insurance Required for Work under this Contract In accordance with the clause in Section I, 52.228-5, Insurance – Work on a Government Installation, the following coverage requirements shall be satisfied by the Contractor:

(1) Workers' Compensation and Employer's Liability [FAR 28.307-2(a)] 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 $100,000.00 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 [FAR 28.307-2(b)]

(a) The Contracting Officer requires bodily injury liability insurance coverage written on the comprehensive form of the policy of at least $500,000.00 per occurrence.

(b) The Contracting Officer requires property damage liability insurance coverage written on the comprehensive form of the policy of at least $500,000.00 per occurrence.

(3) Automobile Liability [FAR 28.307-2(c)] 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 $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 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.

PART II – Contract Clauses

I – Contract Clauses

FAR 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

52.202-1 Definitions Jun 2020

52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-7 Anti-Kickback Procedures June 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020

52.203-17 Contractor Employee Whistleblower Rights Nov 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020

52.204-13 System for Award Management Maintenance Oct 2018 52.204-14 Service Contract Reporting Requirements Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

Jan 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.211-10 Commencement. Prosecution, and Completion of Work Apr 1984 52.211-10 Alt I Apr 1984 52.215-2 Audits and Records—Negotiation Jun 2020 52.215-8 Order of Precedence—Uniform Contract Format Oct 1997 52.215-15 Pension Adjustments and Asset Reversions Oct 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions July 2005

52.215-19 Notification of Ownership Changes Oct 1997

52.215-21

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications

ALTERNATE IV

Nov 2021

52.215-23 Limitations on Pass-Through Charges Jun 2020 52.219-6 Notice of Total Small Business Set-Aside Nov 2020

52.219-8 Utilization of Small Business Concerns Jan 2025 52.219-14 Limitations on Subcontracting Oct 2022 52.219-28 Post-Award Small Business Program Representations Jan 2025 52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation May 2018

52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Jul 2021 52.222-10 Compliance with Copeland Act Requirements Feb 1988

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-26 Equal Opportunity Sept 2016 52.222-37 Employment Reports on Veterans Jun 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Nov 2021 52.222-54 Employment Eligibility Verification Jan 2025 52.222-55 Minimum Wages Under Executive Order 13658 Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts May 2024

52.223-5 Pollution Prevention and Right-to-Know Information May 2024

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons May 2024

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024

52.227-1 Authorization and Consent Jun 2020 52.227-4 Patent Indemnity–Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance–Work on a Government Installation Jan 1997 52.228-11 Individual Security-Pledge of Assets Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds Dec 2022 52.228-14 Irrevocable Letter of Credit Nov 2014 52.228-15 Performance and Payments Bonds—Construction June 2020 52.229-3 Federal, State, and Local Taxes Feb 2013 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) Feb 2013 52.232-5 Payments Under Fixed-Price Construction Contracts May 2014 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.233-1 Disputes May 2014 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-2 Differing Site Conditions Apr 1984 52.236-3 Site Investigations and Conditions Affecting the Work Apr 1984 52.236-5 Material and Workmanship Apr 1984 52.236-6 Superintendence by the Contractor Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Apr1984

52.236-10 Operating and Storage Areas Apr 1984 52.236-11 Use and Possession Prior to Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention Nov 1991 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-15 Schedules for Construction Contracts Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-13 Bankruptcy Jul 1995 52.243-4 Changes Jun 2007 52.243-5 Changes and Changed Conditions Apr 1984 52.244-5 Competition in Subcontracting Aug 2024 52.246-21 Warranty of Construction Mar 1994 52.248-3 Value Engineering—Construction Oct 2020

52.249-2 Termination for Convenience of the Government (Fixed-Price) Alt. I (Sep 1996) Apr 2012

52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

FAR Clauses Incorporated in Full Text 52.222-6 Construction Wage Rate Requirements (AUG 2018)(DEVIATION FEB 2025)

(a) Definition.—"Site of the work"—

(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed;

and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b) (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c) (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division U.S. Department of Labor Washington, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(End of clause)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)(DEVIATION FEB 2025)

(a) Definition. "Construction, alteration or repair," as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation-

(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;

(2) Painting and decorating;

(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;

(4)…