DRAFT LogHOUSE II Section C 04-08-2024.pdf

LogHOUSE II IDIQ Contract

Section C.1 General Management and Administration

C.1.1 General Terms

The parties agree that entering into this contract is no assurance that Task Orders or “TOs” (as defined herein) will be awarded to the Contractor ("Task Order Award”). If and when Task Orders are awarded, the Contractor shall provide the services specified in each Task Order Award pursuant to the terms and conditions of this contract and pursuant to the pricing and terms agreed upon in the Task Order Award. Each Task Order Award, if any, shall become a part of this contract and be made a part hereof and incorporated herein by reference as if it is fully copied herein in words and figures.

Contractor shall, for the agreed fees, furnish all services and materials required to fully perform and complete the services required in the specific Scope of Work for each individual Task Order Award issued under this contract for the agreed price specified in each Task Order Award.

Services provided by the Contractor under this contract shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. In so doing, the Contractor shall comply with all terms of this contract, including the terms of the Task Order Award, and other exhibits and attachments, to the satisfaction of FEMA, which shall include any special requirements of FEMA.

FEMA, in support of the Contractor, shall provide the Contractor with a “Mission Scope of Work” shown in Section J and any other data which may be of assistance to the Contractor and within the possession and control of FEMA. The "Mission Scope of Work" is a snapshot of the Mission as it is known at the time that FEMA requests Contractors submit proposals for a Task Order. Contractor understands and agrees that the complete Mission parameters are not known at the start of a Mission as the needs of the disaster survivors cannot be fully assessed.

Manuals, guides, standards and specifications applicable to this contract shall be those approved of and/or adopted by FEMA and are in effect on the effective date of the Task Order Award, unless otherwise specified in the Task Order Award or subsequently directed by FEMA or the COR during the course of the Task Order Award.

C.1.2 SCOPE & PROCEDURE

This LogHOUSE Contract is part of the family of “Advance Contracts” for goods and services that are competed and awarded in advance of major disaster declarations. The purpose of Advance Contracts is to provide efficient, cost-effective means for rapid delivery of supplies and services for recurring disaster response and recovery requirements.

As such, this contract is a multi-award, Indefinite Delivery Indefinite Quantity (“IDIQ”) contract vehicle. Any work that FEMA purchases pursuant to this contract (the “Work”) shall be competed among the LogHouse Contractors.

Changes to the TTHU mission will occur throughout the duration of the mission. Changes can include but are not limited to: additional counties being added to the disaster declaration; the mix of private, commercial and group site TTHU installations; and the length of the mission.

The Contractor shall support FEMA’s Direct Housing Mission. The mission may include: the transportation of TTHUs from a Transportable Temporary Housing Storage Site (“TTHSS”) to a FEMA forward Transportable Temporary Housing Staging Area (“TTHSA”); the construction, operation of and/or staffing of a staging area; the transportation of TTHUs to be installed on Private Sites, Commercial Sites, FEMA developed Groups Sites, and/or other alternate sites; installation and maintenance of the TTHUs; and deactivation and transportation of used/unneeded TTHUs to a FEMA designated storage site or other locations specified by FEMA.

The Contractor shall furnish all management, supervision, personnel, equipment, materials, transportation, and supplies necessary to perform services within the Contiguous United States (“CONUS”) as defined by this IDIQ for the FEMA. In addition to FEMA’s Stafford Act authorities, this contract may be used for any additional work approved by FEMA including Missions funded through the Economy Act and/or other appropriate funding transfer documents.

C.1.3 CONTRACT TERM

This contract commences upon the date of award and continues until the Period of Performance is complete, at which time no new Task Orders shall be awarded. Any work under awarded Task Orders shall continue until complete. Unfinished work or work that is not completed as of the date of termination stated in this contract may continue up to the termination date identified in respective Task Order.

C.1.3.1 TIME OF PERFORMANCE

Time is of the essence. Contractor shall be prepared to perform its responsibilities under this contract and any Task Order award by the date of award of this contract. It being understood, however, that this contract shall apply to one or several Task Order Awards, which shall be determined from time to time by FEMA. Upon release of a TOPR by FEMA, or upon other notification or request from FEMA, Contractor shall furnish, as soon as is reasonably practicable, an estimated cost and schedule for the work proposed by FEMA and a response to the TOPRs other information requests. Contractor may not begin work on any feature of any such TOPR or any Task Order Award prior to award.

C.1.4 CONTRACT TYPE

This LogHOUSE Contract is a multi-award contract.

The Logistics Housing Operations Unit Installation, Maintenance and Deactivation (LogHOUSE) Contracts are a hybrid (firm fixed prices and time and materials) that includes services and construction (the “LogHouse Contracts”). Section C contains the areas of work that will be identified specifically as either services or construction. Some parts of Section C may be applicable to both services and construction. All other sections of the contract that are applicable to the identified parts of Section C shall have the appropriate terms, conditions and clauses applicable.

The parts of Section C that are construction related include:

Section C.2 Staging Area Feasibility, Improvement, Design, and Construction.

Section C.4 Semi-Permanent/Permanent Construction.

Section C.7 Commercial Park Expansion and Group Site Feasibility, and Construction.

and, Section C.8 Emergency Group Site Feasibility, and Construction.

LogHOUSE Installation Appendix (Section J)

LogHOUSE Design Appendix (Section J)

LogHOUSE Staging Appendix (Section J)

The remainder of Section C contains work that is classified as services unless it specifically relates to Section C.2.4.2, Section C.4.5, Section C.7 or Section C.8.

The majority of the CLINs are Fixed Price with negotiation occurring when enough information regarding the disaster recovery is available. This will be determined by the CO. Non-Fixed Price CLINs are for reimbursement of actual expenses incurred or imposed by an outside source such as a local government or utility provider. The expenses identified as being reimbursable will be reimbursed at the actual expenses incurred without fees, general and administrative expenses or other overhead or burdened rate. Proof of actual cost paid must be submitted with certified payment request. Proof can consist of paid invoice, canceled check or proof of electronic funds transfer. Proof must also reference appropriate project site and /or task order.

C.1.5 Place of Performance

The center point of operation is the FEMA/Joint Field Office (JFO)/Area Field Office (AFO), which will be the initial reporting office for the Mission. The location of the JFO/AFO is included in the Mission Scope of Work.

C.1.6 Phases of Operation/Required Staffing

C.1.6.1 Phases of Operation

Mission TOs issued under this IDIQ shall be awarded for a fixed period of time. All TTHU missions regardless of the mission’s length shall have three phases:

Phase- In

Operational Period

Phase- Out

Phase-In is defined as the time between task order award and the first Contractor’s arrival at the JFO, to prepare the location for the time they are required to perform the first work order. The Operational Period is defined as the timeframe where the Contractor performs activities that assist FEMA in the Agency’s TTHU mission. Phase-Out is defined as the end of a mission when the Contractor has completed the mission and depart the Area of Operation.

C.1.6.2 Required Staffing

Contractor shall have adequate and appropriate staff that can perform each of the requirements of the applicable sections of this IDIQ. If the Contractor chooses to have staff available earlier, all expenses associated with that early deployment will be borne by the Contractor. Time extension requests or delays in arrival must be approved in advance, in writing, by the CO.

C.1.7 Calendar Day and Performance Clock

“Calendar Day” means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays and Holidays. The Calendar Day that a work order is issued is Day Zero.

Any subsequent day where a task can be worked for at least half (1/2) the available work hours for that day shall be counted as a workday. The designated hours in a workday will be set at the JFO and can vary from 8 to 16 hours a day.

NOTE: The receipt of deliverables is determined by the COR’s timestamp either electronic or physical.

C.1.7.1 Stopping the Clock

“Stopping the Clock” is a request from the Contractor to FEMA or a FEMA directive to the Contractor to turn the performance clock off for delays that are outside of the Contractor’s control. Due to the nature of the work, circumstances may occur, beyond the Contractor’s control, which could hinder the completion of a work order within the timeframe required.

Examples of Stopping the Clock include, but are not limited to, waiting for the local utility to provide electricity or waiting for the local Authority Having Jurisdiction (“AHJ”) to provide a required permit.

When such issues are encountered, the Contractor may request that the time performance clock be stopped until such time as the issue is no longer a factor. In order to accommodate a Stopping the Clock request, the Contractor shall make such request in writing (either hard copy or email) to the COR to include the work order number, the type of work order, the reason for the Stopping the Clock request, and the anticipated length of the clock stop. If there are known pre-identified issues that would hinder the completion of a work order within the timeframe required, the

Contractor may request a modification to the task order in advance for the time performance clock to be stopped for these issues, should they occur. Once the COR approves the Stopping the Clock request (the “Stop”), the time lapse during the Stop may not count against the Contractor’s performance requirement for the deliverable. During the Stop period the Contractor is obligated to follow up on the status of the issue regularly. This time frame shall be determined by COR during review of the Stop request and shall be based on the reason for the Stop as well as the length of time requested by the Contractor. When the issue that required a Stop has been resolved, the Contractor shall notify the COR, in writing, and request that the clock be restarted.

If the issue is resolved before the time requested by the Contractor is up, the Contractor must request, in writing, the Stop be lifted, and Contractor shall return to work. Should the Contractor fail to do this the COR may lift the Stop and require the Contractor to resume work, and any subsequent days the Contractor does not resume work will be counted against the Contractor’s performance requirement for the deliverable.

Stops are at the discretion of the COR or Contracting Officer. If the COR makes this determination, the notification shall be documented in writing to the Contractor and the Contracting Officer. If the Stop system is abused (excessive, unwarranted or improper usage), the COR may determine that there will be no additional Stops during the period of performance for the subject task order or the subject work order.

C.1.8 Projected Workload

The projected workload and relevant sections of the IDIQ for a task order is provided in Section J Mission Scope. The Required services may include: the transportation of TTHUs from the TTHSS to the TTHSA; the construction, improvement, operation and/or staffing of a TTHSA; the transportation of TTHUs to Private Sites, Commercial Sites, FEMA developed Group Sites, and/or other alternate sites; installation and maintenance of the TTHUs; and deactivation and transportation of used/unneeded TTHUs to a TTHSS or other location specified by FEMA.

Expected timelines and operational requirements for the provision of services specified by the Task Order Scope (See Section J Mission Scope) and IDIQ and Section F: Deliveries or Performance. However, the Contractor is responsible for supporting any FEMA changes to the contract schedule. FEMA will provide the Contractor with advanced notice of any changes to the schedule in writing.

C.1.9 Contractor Furnished Property

C.1.9.1 JFO

The Contractor shall be responsible for providing all facilities, office equipment, and materials which are not provided as Government Furnished Equipment (“GFE”), as necessary to fulfill the requirements of the contract (“Contractor Furnished Property”). This includes any collateral equipment, such as calculators, computers not connected to the FEMA network server, copy machines, and consumable and general office supplies.

C.1.9.2 Contractor Field Office

If required by FEMA, and approved in writing by the CO, the Contractor shall establish a field office within the disaster area of operation, if space is limited or unavailable for the Contractor at the Joint Field Office. Prior to establishing a field office, the Contractor shall provide the COR with a complete list of items required to determine need and price reasonableness. Contractor Furnished Property includes the facility, office equipment, internet and telephone connections.

Any increase to the initial list of items shall be approved in advance by the COR.

C.1.10 Contractor Minimum Qualifications

The Contractor shall provide professional, courteous, and timely services, activities, and management to ensure that all work identified in this IDIQ is completed. This includes incorporating customer service into operations, where appropriate, as well as employing a flexible and transparent performance management system that includes performance measures of Contractor staff, Sub-Contractors, and other representatives. The Contractor is responsible for providing personnel who can pass a background investigation, in accordance with Homeland Security Presidential Directive 12 (HSPD 12), for activities that require FEMA badges and/or access to FEMA facilities and equipment (i.e., computers, networks).

C.1.11 Performance Evaluation Meetings

The Contractor’s Field Task Order Manager shall meet with the CO or COR and other Government Personnel to review Contractor performance on a periodic basis throughout the life of the TO. The initial meeting will be held within 30 days of award of TO and subsequent meetings will occur every 90 until the period of performance for the task order has ended. The COR may request additional meetings in his discretion to discuss issues that maybe affecting the Contractor’s performance. The Contractor may request performance evaluation meetings with the CO/COR when he or she believes such a meeting is necessary.

The Contractor shall prepare written minutes of any such meeting (the “PE Minutes”) and the PE Minutes shall be recorded in the contract file once reviewed and approved by the COR. Once the PE Minutes are approved [by___] they shall be signed by the Contractor’s Field Task Order Manager and the CO or COR.

C.1.12 Electronic Data Interchange

The Contractor may be tasked to provide support for capturing, consolidating, and transferring information to update FEMA’s Housing Operations Management Enterprise System (HOMES) or its successor program (collectively, “HOMES”). All Contractor staff requiring access to

HOMES and other Government computer systems must pass a background investigation and be able to obtain a security badge, in accordance with Homeland Security Presidential Directive 12 (HSPD 12). Other items that the Contractor shall provide to the government in electronic form are the “appropriate deliverables” as listed in Section F.

During the life of this contract FEMA intends to introduce the Lifecyle Performance Management System. This system will allow the contractor to electronically receive and submit work orders related, but inclusive of, SIR, Haul and Install updates, RFO, maintenance and deactivation requirements. This system will be introduced in phases and the contractor will be required to download system software in accordance with the conditions of the application.

C.1.13 General Contractor Roles and Responsibilities

The Contractor roles and responsibilities are contingent on the services required specific to the Mission. The categories of services required may include: TTHU haul; TTHU staging; TTHU installation (including semi-permanent/permanent installation); TTHU Maintenance; TTHU Deactivation, Group Site or Emergency Group Site construction, Group Site or Emergency Group Site Maintenance and Commercial Site Expansion. The required services and projected workload are specified in the (See Section J, Attachment J.1).

Specific roles and responsibilities are outlined in [Sections C.2 and _____].

General roles and responsibilities for each of these categories are listed below.

C.1.13.1 General Roles and Responsibilities

1. Provide all labor, materials, tools/equipment, and services necessary for the work performed pursuant to this IDIQ.

2. Obtain and provide appropriately licensed staff and/or Sub-Contractors, where required, to perform the work provided for in this IDIQ. This includes, but not limited to, haulers, drivers, installation laborers, carpenters, electricians, plumbers, pest control specialists, construction workers, engineers, fence installers, pavers and/or appliance technicians (and other disciplines not listed here), as needed, for the performance of the work outlined herein. Work is to be performed in accordance with all federal, state, and local laws, rules and regulations or of any other legitimate political subdivision or authority having jurisdiction where the work is being performed, to include but not limited to tribal governments, homeowner’s associations and/or board of directors.

3. Prepare and submit a subcontracting plan providing, at a minimum, company name and role within the Contractor’s work plan. Full and Open Offerors shall include small business type and estimated dollar value of the work allocated to each small business type. Full and Open Awardees may, but are not required to, use LogHOUSE Small Business Set Aside

Awardees as Sub-Contractors. Contractors are encouraged to use local Sub-Contractors to the maximum extent possible. This subcontracting plan and monthly status report is required to be provided to the COR within the timeframe specified in Section F: Deliveries or Performance, Section F.6, Area #1, #54 and #81, as applicable.

4. Actively coordinate with the FEMA COR or designee and notify COR or designee immediately of any potential constraints regarding any of the work provided for in this

IDIQ.

5. Ensure that Contractor staff display appropriate identification at all times while in the field and during interactions with applicants.

6. Perform work and task order activities on time. Ensure Contractor performance meets the requirements outlined in this IDIQ and Section F: Deliveries or Performance. Document on the work order all activities, services, repairs and task conducted when completing a work order.

7. Account for, track, maintain, and secure all GFE. Provide a report to the COR on GFE disposition and status as specified in Section F: Deliveries or Performance, Section F.6, Area #35. The Contractor is liable for all damage, including but not limited to theft and loss, of Government property.

8. Dispose of all waste associated with any work performed pursuant to this IDIQ in compliance with all federal, state, and local laws, regulations, and rules. This includes, but is not limited to, construction debris, any MHU, Park Model or Travel Trailer (TT) contents designated for disposal, as well as spent fuels, batteries, refrigerants, tires, etc. Under no circumstances will tires and other hazardous materials be stored on FEMA group sites or other sites occupied by disaster survivors (the exception are tires for the housing unit which typically remain attached to the housing unit but can, if required for installation, be stored under the housing unit). The Contractor shall pay any fees associated with the removal and disposal of any waste, including hazardous or special waste, generated by the Contractor.

9. Contractor Safety:

a. The Contractor shall furnish all required safety equipment and/or clothing, which may be required for personnel as mandated by federal, state, and local laws, regulations and rules, whichever is more stringent. This will include maintaining a safe working environment for the Contractor’s employees, unit occupants, FEMA staff, other Contractors and the general public. At no time will the Contractor leave unattended or otherwise unprotected, any excavation or safety hazard that might cause injury to persons.

b. The Contractor shall comply with the Department of Labor and the Occupational Safety and Health Administration (OSHA) safety regulations, U.S. Army Corps of Engineers Safety Manual EM 385-1-1 rules and requirements, as well as any other federal, state, and local laws, regulations and rules, whichever is more stringent.

OSHA regulations can be found on the internet at https://www.osha.gov/law-regs.html. The current U.S. Army Corps of Engineers manual can be found on the internet at- http://publications.usace.army.mil/publications/eng-manuals/.

c. The Contractor is responsible for keeping their employees safe and for developing policies and procedures for notifying FEMA of a potential security or safety issue.

The Contractor shall contact the COR if there are security or safety issues. FEMA will notify the Contractor if/when the Contractor can return to the location at issue.

10. Provide reports, as defined by Section F: Deliveries or Performance and by the COR.

Ensure that all reports meet the information needs specified by Section F: Deliveries or Performance and any additional information requested by the COR. Maintain accurate records and provide all documents as required in the contract, specifically as defined in Section F: Deliveries or Performance.

11. Assume responsibility for confirming the accuracy of information provided by FEMA to the Contractor as part of mission planning (e.g., installation requirements, locations of commercial parks, etc.).

12. Responsible for providing appropriate and required bonds for construction tasks (when notified in advance by the CO). Note: MHU/PM and TT installation is specifically excluded from the requirements of construction bonds in that they are performed under the Service Contract Act.

13. Assume responsibility for confirming the accuracy of technical changes to the IDIQ received from the field staff. The technical subject matter experts (SME) are located at FEMA HQ. Prior to accepting technical changes, the Contractor is advised to verify with FEMA HQ SME’s. Should technical changes be made without verification the Contractor may be held financially liable for correcting work and repairing any follow damages that result from changes made. These corrections shall be made at no additional cost or time to the Government. Should a technical change to the contract be approved by both the technical SME’s.

The Contractor shall allow unrestricted Government access to the site for the life of the task order to perform regular and reoccurring inspections of work, attend onsite meetings, witness testing, or perform other required Government function. The site will be classified as, but not limited to, the location of TTHU storage, TTHU install, TTHU maintenance, TTHU deactivation, commercial park expansion, group site construction, emergency group site construction, or any other area the Contractor may be required to perform work to complete the scope required in the task order.

Government Access will be defined as FEMA employees, Department of Homeland Security Employees, United States Army Corps of Engineers Employees, or a third-party Government Contractor hired to act as an agent of the Government. Access shall occur during normal work hours or outside normal work hours, if the Contractor has been allowed to work those hours and has staff onsite performing work. All local, state, or federal law enforcement will have unrestricted access to the site to respond to emergencies or perform criminal investigations.

C.1.13.2 Transport Roles and Responsibilities

1. Perform transportation as specified in this IDIQ and complete all deliverables or performance as specified in Section F: Deliveries or Performance.

2. Transport TTHUs from pickup locations designated by FEMA to delivery locations designated by FEMA without causing any damage to or loss of the unit. The Contractor’s transportation work may be to, from, and/or between THSS; installation addresses;

TTHSAs; manufacturer’s facilities; or any other locations designated by FEMA.

3. Hauling locations and other transportation services are specified in: TTHUM SCOPE (See Section J, Attachment J.1) or specified by the COR in a work order.

4. Damages to the TTHU during transport are the responsibility of the Contractor. Damages include, but are not limited to physical damage, mechanical damage, theft and loss of the TTHU. Repairs determined by the COR not to be the responsibility of the Contractor that occur during transportation will be as directed and authorized by the COR or CO. The Contractor may provide the COR with information that could allow the COR to make a determination of responsibility. The COR’s determination of responsibility shall be final.

The Contractor must show that it took reasonable steps to protect and secure the TTHU to prevent damage and/or theft. Repairs shall be completed within three (3) business days of the COR’s decision as authorized by the CO, unless the Contractor has received authorization for a time extension from the CO or COR.

5. Obtain all permits and licenses for transport, as required. The expenses incurred for the licenses and/or permits will be reimbursed by the Government if receipts documenting the expense are provided to the COR with certified payment application.

C.1.13.3 Staging Roles and Responsibilities

1. Create a staging area through construction or property improvement if directed by:

TTHUM SCOPE (See Section J, Attachment J.1) and/or the CO or COR (if cost is under $3500) through a work order. Details regarding the location of the staging area are specified in the requirements document (TTHUM SCOPE or Work Order).

2. Staff and operate a staging area if directed by: TTHUM SCOPE (See Section J, Attachment J.1) and/or the CO or COR. Details regarding the location of the staging area are specified in the TTHUM SCOPE.

3. Receive TTHUs from FEMA or FEMA’s designee.

4. Maintain the TTHUs, in the condition they arrived in, or make authorized repairs to the TTHU as necessary or as directed by the COR with written authorization from the CO.

C.1.13.4 Temporary Install Roles and Responsibilities

1. Perform site inspections as specified in this IDIQ and complete all deliverables or performance as specified in Section F: Deliveries or Performance.

2. Obtain all bonds (as applicable) and permits required for TTHU installation. The expenses incurred for the bond and/or permit will be reimbursed by the Government if receipts documenting the expense are provided to the CO/COR.

3. Coordinate efforts with all Government entities as required by federal, state, and local laws and regulations.

4. Obtain the landowners authorization for access to private sites (using FEMA’s “Right of Entry” (ROE) form). The ROE form (Section J, Attachment 1204) will be signed by the landowner prior to the Contractor conducting a site inspection. The Contractor shall conduct site inspections as directed by the COR within the timeframes specified in this IDIQ and as described in Section F: Deliveries or Performance.

5. Install TTHUs in accordance with the specifications in this IDIQ and as specified in Section F: Deliveries or Performance.

6. Work in conjunction with FEMA staff in assessing potential locations for group sites/commercial park expansions.

7. When the MHU is equipped with a residential fire sprinkler system ensure that the residential fire sprinkler system is installed and properly functioning in accordance with the MHU Fire Sprinkler System Installation, Test, Maintenance, Repair and Deactivation Guide (applies to all installation locations include private sites, commercial sites, group sites and semi-permanent/permanent installations) (Section J, Attachment J. 38). The Contractor shall also ensure proper installation of the Residential Fire Sprinkler System (RFSS) and the Tank and Pump System (TPS) in accordance with the applicable TPS vendor-specific manuals. FEMA will provide the current guides; however, it is the Contractor’s responsibility to ensure that they are using the most current version, which is included in each TPS.

8. Ensure that there is space available for the installation of the external RFSS’s TPS, if MHU does not already come with an internal TPS, and that the external TPS is installed and operating properly in accordance with MHU Fire Sprinkler System Installation, Test, Maintenance, Repair and Deactivation Guide (Section J, Attachment J.38). The Contractor shall also ensure proper installation of the RFSS and TPS in accordance with the applicable TPS vendor-specific manuals. FEMA will provide the current guides;

however, it is the Contractor’s responsibility to ensure that they are using the most current version, which is included in each TPS.

9. Ensure that the key that opens the water heater closet, operates the lock on the TPS interlock, and accesses the TPS is either maintained by the Contractor for maintenance, turned over to the maintenance Contractor, or turned over to FEMA.

10. FEMA may purchase TTHUs from a retail source in order to expedite installation of temporary housing or to augment FEMAs TTHU inventory. These will be referred to as Off the Lot units. OTLs may have different installation requirements than FEMA TTHUs (electrical junction box, water connections, blocking requirements, etc.). Prior to deploying an OTL for installation, the Contractor shall provide a fixed price for each installation. OTLs will not require a TPS. All travel trailers (TT’s) and park models (PM) will be considered OTLs and no TT’s or PMs will require a TPS or RFSS.

C.1.13.5 Permanent Install Roles and Responsibilities

1. Perform all items in C.1.10.4 (as applicable), in addition to the items below (as applicable).

2. Perform area-wide and site-specific inspections and/or assessments as specified in this IDIQ and complete all deliverables or performance as specified in Section F: Deliveries or Performance.

3. Coordinate efforts with all Government entities as required by federal, state, and local laws and regulations.

4. The categories of services required may include Site Preparation, Road Preparation, Construction of Septic System, Connecting Water with Rural Water when Feasible or - as an alternative - Drilling Wells, MHU haul; Debris Removal, Property Preparation for Hauling & Installation, Permanent MHU installation; and private sites in preparation for permanent installations as directed by the COR with written authorization from the CO.

5. In general, Housing Urban Development (HUD) regulations and current International Building Code (IBC) and/or current International Residential Code (IRC) shall be utilized as applicable.

6. If work is to be conducted on a Native American Reservation, the following provisions shall apply:

a. All employees of the FEMA Contractor are required to attend a Cultural Awareness / Archaeological Site / Traditional Use Properties Identification training and orientation prior to beginning work at the Reservation. The Contractor project management and quality control staff shall also be required to attend Environmental Awareness training and orientation prior to beginning work at the Reservation. These awareness trainings and orientations are applicable across and throughout the Reservation, and at each Reservation property in accordance with the Tribal Historic Preservation Office (THPO) (or equivalent) for sacred sites, traditional cultural properties, traditional use properties, archeological sites, historic Tribal sites, unmarked burial sites, and medicine plants.

b. The Tribal Employment Rights Office (TERO) (or equivalent) ordinances and regulations apply to Contractors working for FEMA on the reservation. TERO ordinances/regulations may be applicable to the Contractor performance of the hauling and installation mission for: TERO core-crew employment preference, fees and penalties, reporting, compliance planning and surveillance, hiring.

c. Compliance with THPO requirements shall be included in the Contractor’s quality control plan and field process(es) as applicable.

d. Tribal ordinances and regulations may limit all non-tribal personnel on the reservation for contract work during evening/night, or other specific hours. The Contractor is responsible to follow the ordinances and regulations on the reservation as they apply to TERO and notify the COR in writing immediately.

e. Use Local Sub-Contractors to the maximum extent practicable as applicable to the TERO. Work done on Tribal Land is subject to TERO rules and procedures. The Contractor must contact the TERO office prior to initiating work.

C.1.13.6 Maintenance Roles and Responsibilities

1. Perform TTHU maintenance as specified in this IDIQ and as specified in Section F:

Deliveries or Performance.

2. The Contractor will not be required to make service calls for issues that occupants are generally responsible for such as changing light bulbs, maid service, washing windows, changing curtains, and changing linen for occupied units, etc. However, lock out service is a maintenance responsibility of the contract.

3. Provide and perform maintenance activities for a base period specified in the TTHUM SCOPE (See Section J, Attachment J.1). These services may be extended under additional task orders or extensions by the Government.

4. Ensure the proper maintenance of the RFSS and the External TPS in accordance with TTHU Fire Sprinkler System Installation, Test, Maintenance, Repair and Deactivation Guide (Section J, Attachment J.38) and the TPS Monthly Maintenance Checklist (Section J, Attachment J. 58). The Contractor shall also ensure proper maintenance of the RFSS and TPS in accordance with the applicable manual of the TPS vendor-specific manuals.

FEMA will provide the current guides; however, it is the Contractor’s responsibility to ensure that they are using the most current version, which is included in each TPS.

C.1.13.7 Deactivation Roles and Responsibilities

1. Perform TTHU deactivation as specified in this IDIQ and as specified in Section F:

Deliveries or Performance.

2. Obtain all bonds (as applicable) and permits required for unit deactivation. Fees will be reimbursed at actual expense by the Government if receipts documenting the expense are provided to the COR.

3. Take possession of and remove all material used to install the TTHU.

4. Transport the TTHU to a destination as directed by the COR.

5. Ensure that, during the removal of the TTHU and upon the completion of the removal of the TTHU that the site is safe and secure.

6. Properly deactivate the Residential Fire Sprinkler System and the External Tank and Pump System in accordance with TTHU Fire Sprinkler System Installation, Test, Maintenance, Repair and Deactivation Guide (Section J, Attachment J.38). The Contractor shall also ensure proper deactivation of the RFSS and TPS in accordance with the applicable TPS vendor-specific manuals. FEMA will provide the current guides;

however, it is the Contractor’s responsibility to ensure that they are using the most current version, which is included in each TPS. When applicable, recover the External Tank and Pump System so that it can be reused by FEMA if instructed by the COR. For MHUs with Internal TPS units the Government can require the Contractor to disassemble the TPS unit and shrink wrap all components to ensure they are weatherproof during transportation and storage.

C.1.13.8 Commercial Park Expansion Roles and Responsibilities

1. Perform commercial park expansion as specified in this IDIQ and as specified in Section F: Deliveries or Performance.

2. Provide professional, courteous, and timely customer service (to include Contractor staff, Sub-Contractors, and representatives) with flexible and transparent program management to ensure all required work is completed.

3. Perform work and task order activities in accordance with all timetables and schedules.

4. Account for, track, maintain, and secure any GFE, if applicable. Provide a report to the COR on GFE disposition and status as required.

5. Provide all reports and deliverables as specified by Section F: Deliveries or Performance and any additional information requested by the COR.

6. Maintain accurate records as required during the construction to include but not limited to daily reports, schedule updates, modifications to the contract, progress payment and all other documents as required in the contract or task order.

7. If applicable, ensure that the commercial park expansion design can accommodate the placement of the Residential Fire Sprinkler System’s External Tank and Pump System in accordance with MHU Fire Sprinkler System Installation, Test, Maintenance, Repair and Deactivation Guide. The Contractor shall also ensure that the design is in accordance with the applicable TPS vendor-specific manuals. FEMA will provide the current guides;

however, it is the Contractor’s responsibility to ensure that they are using the most current version, which is included in each TPS.

C.1.13.9 Group Site Construction Roles and Responsibilities

1. Perform group site construction as specified in this IDIQ and as specified in Section F:

Deliveries or Performance.

2. Provide all materials, labor, equipment, and services necessary to successfully complete the mission at hand.

3. Adhere to the subcontracting plan and use local Sub-Contractors to the maximum extent possible. This plan is required to be provided to the COR within the timeframe specified in Section F, Areas #1 and #54.

4. Perform work and task order activities in accordance with all timetables and schedules.

5. Account for, track, maintain, and secure any GFE, if applicable. Provide a report to the COR on GFE disposition and status.

6. Provide all reports and deliverables as specified by Section F: Deliveries or Performance and any additional information requested by the COR.

7. Maintain accurate records as required during the construction to include but not limited to daily reports, schedule updates, modifications to the contract, progress payment and all other documents as required in the contract or task order.

8. If Applicable, ensure that the group site design can accommodate the placement of the Residential Fire Sprinkler System’s External Tank and Pump System in accordance with MHU Fire Sprinkler System Installation, Test, Maintenance, Repair and Deactivation Guide. The Contractor shall also ensure that the design is in accordance with the applicable manual of the TPS vendor-specific manuals. FEMA will provide the current guides; however, it is the Contractor’s responsibility to ensure that they are using the most current version, which is included in each TPS.

C.1.13.10 Readiness and Capability/Capacity Roles and Responsibilities

1. Full and Open Contractors shall be able to, at a minimum, support and manage two simultaneous events where each event requires the construction of two group sites, the construction of two commercial park expansions, the installation and maintenance of not more than 4000 units, and the maintenance of two group sites.

2. Small business Haul & Install Contractors shall be able to, at a minimum, support and manage three simultaneous events that require the installation of a minimum of 249 units per event.

3. Small business Maintenance & Deactivation Contractors shall be able to, at a minimum, support and manage three simultaneous events where each event requires the maintenance and deactivation of at least 500 units, and the maintenance of two group sites.

C.1.13.11 RFSS/TPS Roles and Responsibilities

This is a role and responsibility for all Contractors. Contractors shall have appropriate and sufficient staff to install, maintain, and deactivate Residential Fire Sprinkler Systems (RFSS) and Tank and Pump Systems (TPS). See Section J, Attachment J.46 for TTHU RFSS/TPS Contractor qualifications.

C.1.13.12 FEMA Roles and Responsibilities

The SCOPE of services provided by FEMA may vary based on the need of the event, and SCOPE of services provided by the Contractor or other Federal agencies. In order to support Contractor activities related to haul, staging, installation, maintenance, and deactivation responsibilities;

FEMA shall perform the following tasks.

1. Identify potential sites, lots and pads for unit installation on private and commercial sites.

2. Issue work orders

3. Provide TTHUs.

4. Identify the number of units to be installed.

5. Obtain the commercial pad lease for commercial sites.

6. Obtain leases for land needed for commercial park expansion and group sites.

7. Provide locations for semi-permanent/permanent installation.

8. Identify the potential occupants for the TTHUs.

9. Identify the location to pick-up, transport, and install the TTHUs.

10. Provide staff as needed at staging areas to inspect and receive units unless Contractor is operating the staging area. Provide the Contractor a workstation at the JFO (if space is available) with computers (GFE) that have access to HOMES behind the FEMA firewall.

The Contractor is responsible for ensuring their staff has a place to work successfully outside of space at the JFO dedicated for HOMES access. The Contractor shall provide staffing to support this requirement as needed to complete their mission.

11. Address domestic problems, disruptive tenants, and/or tenants refusing service.

12. Accept TTHUs from the Contractors`.

13. Identify and/or issue Site Feasibility Inspection Reports to the Contractor to be completed as specified by the COR.

14. Identify units for cleaning, maintenance, deactivation, or repositioning. The COR will inform the Contractor in writing of the units assigned to the Contractor for deactivation purposes.

15. Provide a list of all features required to be incorporated in the design of staging areas, commercial park expansions and group sites. Failure to list a feature does not excuse the Contractor from providing a fully functional design that complies with contract requirements.

16. Provide External Tank and Pump Systems for Residential Fire Sprinkler System equipped TTHUs.

C.1.14 CLIN Numbering for Option Years

This IDIQ includes CLIN numbers for the base year of the LogHOUSE contract. All CLINs in the base year start with the number 0. CLINs for the option years have the same work description;

however, option year CLINs begin with the option year number.

CLIN# in

IDIQ

Base Year

CLIN

Option Year

1 CLIN

Option Year

2 CLIN

Option Year

3 CLIN

Option Year

4 CLIN

0001 0001 1001 2001 3001 4001

C.1.15 Request to Change Technical Requirements

The following procedure will be used when making a request for a change in any of the technical requirements described in this contract. Contractors shall ensure that any request for change addresses all of the points listed in the table below and that the Contractor clearly identifies how they are addressing each point. This Request to Change shall be submitted in writing to the CO and COR for review and approval. FEMA will not accept any requests for changes that do not include the documentation described below. Additionally, requirements deemed to negatively impact contract performance, unit performance or that may adversely affect occupant safety, will not be approved. If there is a price/schedule trade-off, the Contractor shall address how that tradeoff benefits the disaster survivor and FEMA.

Documentation Required Justification 1. A statement listing the reason that a request to change is being made. Include a description of the original requirement and the proposed alternative.

2. A copy of the page(s) from the contract where the original requirement is located with the subject requirement highlighted.

Safety 3. If applicable, provide the material safety data sheet (MSDS) for the original material.

4. If applicable, provide the MSDS for the substitute material.

5. Letter from an accredited 3rd party expert stating:

• How the proposed substitution meets the original requirement(s) of the solicitation.

• List of all potential benefits and detriments of the proposed substitution to unit performance and occupant safety.

Price/ Timeliness

6. How does the proposed substitution affect the overall price?

(List the original unit price vs. the new unit price)

7. A statement describing how the substitution could adversely or positively affect the schedule.

FEMA – Consider adding the following sections:

COMPENSATION, BILLING & AUDIT

FINAL PAYMENT

REVIEW OF WORK

RESPONSIBILITIES FOR CLAIMS AND LIABILITIES

INSURANCE

MODIFICATION

EMPLOYMENT OF FEMA PERSONNEL

SUBLETTING ASSIGNMENT OR TRANSFER

OWNERSHIP OF PRODUCTS AND DOCUMENTS AND WORK MADE FOR HIRE

CONTRACT DISPUTES

COMPLIANCE WITH APPLICABLE LAW

CONFLICT OF INTEREST

AVAILABILITY OF FUNDS

STOP WORK ORDER

Anti Assignment

Contractor Relationship (not employment relationship)

WAIVER Failure of either Party hereto to insist upon strict compliance with any of the terms, covenants, and conditions hereof shall not be deemed a waiver or relinquishment of any similar right or power hereunder at any subsequent time, or of any other provision hereof, nor shall it be construed to be a modification of the terms of this contract.

SEVERABILITY If any terms or provisions of this contract are prohibited by the laws of XXX or declared invalid or void by a court of competent jurisdiction, the remainder of this contract shall not be affected thereby, and each term and provision of this contract shall be valid and enforceable to the fullest extent permitted by law.

Section C.2 TTHU: Acceptance, Transportation and Staging

C.2.1 Section Scope

This Section C.2 describes the Contractor’s duties and responsibilities related to accepting, transporting, staging, and transferring back Government property in the form of TTHUs, TPSs and all related contents including but not limited to living kits, furniture and other contents of the TTHUs.

The transport of TTHUs that have been installed and are being transferred for maintenance is outside the scope of this Section C.2 and is covered by the terms in Section C.5. The scope of services, required by FEMA, as specified in the Task Order SCOPE (See Section J, Attachment J.1), identify the points at which the TTHU will be transferred to the Contractor and back to the Government.

C.2.2 Acceptance Requirements

Prior to accepting responsibility for the TTHUs FEMA will allow the Contractor to perform TTHU acceptance inspection or testing at FEMAs option (the “Pre-Acceptance Inspection” or “Pre- Acceptance Testing”). The Contractor may accept the TTHUs without inspection or testing at their own risk. The Contractor assumes full responsibility for the TTHU once it departs the staging yard or other designated pick location, until FEMA accepts the TTHU back into inventory after an acceptable RFO inspection. The Pre- Acceptance Inspection or Pre-Acceptance Testing can occur at the FEMA staging yard or at another the FEMA designated pick-up point. The Pre-Acceptance Inspection or Testing occurs before the Contractor assumes possession of or transports the TTHU.

C.2.2.1 The Pre-Acceptance Inspection requirements are detailed in the transfer document (Section J, Attachment 1306 or equivalent document).

Payment for Acceptance testing of TTs is CLIN #XXXX (New CLIN to be added)

Payment for Acceptance testing of MHUs is CLIN #XXXX (New CLIN to be added)

C.2.2.2 Pre-Acceptance Testing requirement are detailed in the Pre-Acceptance Testing Manual located in section J (Insert Section J. Reference)

C.2.3 Transportation SCOPE

FEMA may issue work orders to the Contractor for transportation of the following types of TTHUs: MHUs, Park Models (“PM”) TTs, or Alternative Transportable Temporary Housing Unit (ATTHUs). Contractor shall provide all permitting, transportation, labor, equipment, and materials required to transport the TTHU. Contractor "Transport” of a TTHU may include any of the following:

(i) Transporting the TTHU from the FEMA Temporary Transportable Housing Storage Sites located in either Selma, AL or Cumberland, MD (each or together the “TTHSS”) to a place designated by FEMA such as an installation site (the “Installation Site”) or Temporary Transportable Housing Staging Area (the “TTHSA”).

(ii) Receiving and transporting the TTHU from the TTHSA and hauling it to a different TTHSA or back to a TTHSS or to an Installation Site.

(iii) Transporting the TTHUs between Installation Sites.

(iv) Transporting the TTHU back to the TTHSA or TTHSS following Deactivation (as defined in Section XX].

(v) Additionally, Contractor agrees to support FEMA’s TTHU Transport needs that fall outside of the above (i)-(iv).

If FEMA changes the location of the TTHSA or changes the TTHU pick up location, the COR will provide…