DRAFT SOW for RFI __8-5-2024.pdf

DR-4795-NM

DIRECT LEASE PROGRAM

STATEMENT OF WORK (SOW)

DR-4795-NM

UNITED STATES DEPARTMENT OF HOMELAND SECURITY

FEDERAL EMEGENCY MANAGEMENT AGENCY (FEMA)

PURPOSE

The Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) has a requirement for Direct Lease Vendor/Property Management Companies (Vendor/PMC) and/or Property Owners (PO). The FEMA Direct Lease is a housing assistance program to lease existing rental units for the purpose of providing temporary housing to eligible applicants who are displaced due to the South Fork Fire, Salt Fire, and related flooding.

SCOPE

Contractor shall make available properties that are not further than 30 – 60 minutes from the damaged dwelling and that do not place an undue hardship on qualified disaster applicants. This should include existing residential properties advertised for lease (e.g., corporate apartments, vacation rentals, and second homes), vacant residential properties that are listed for sale (single family and multiple occupancy), bank owned properties (e.g., foreclosures), or any other type of residential property that meets the criteria of a Direct Lease property as defined by FEMA and the standards identified in this Statement of Work. Vendor/PMC shall provide FEMA with regular progress reports related to their property inventory.

Vendor/PMC and FEMA shall evaluate each property to ensure the property is safe, secure, sanitary, and functional. Safe means secure from disaster-related hazards or threats to occupants.

Sanitary means free of disaster-related health hazards. Functional means an item or home capable of being used for its intended purpose.

The following items are services to be performed by Vendor/PMC for the Direct Lease Program:

1. Identify Properties. Vendor/PMC shall only rent existing residential property.

a. Vendor/PMC may only lease properties that comply with federal, state, and local occupancy standards, to provide complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, and sanitation. All utilities, appliances, and any furnishings provided by the property must be safe and functional.

i. Vendor/PMC shall prioritize properties that include accessibility features or can easily be conformed to accessible requirements; and are in proximity to accessible public transportation, as well as wrap around services.

b. The monthly cost per unit may not exceed the amounts established in Figure 1 below, unless an increase is approved by the Contracting Officer (CO).

i. The Government will establish a contract line item for one (1) month security deposit not-to-exceed one (1) month rent. The security deposit is a cost reimbursable contract line item and will not be disbursed at the signing of the contract. The security deposit will be held by the Government in the event any damages (other than normal wear and tear) occur and will be invoiced based on the actual costs of damages verified between the Government and the Vendor/PMC. All damages above the cost of monthly rent shall be the responsibility of the contractor and/or applicant upon confirmation of the cause of damage.

ii. Damages-Security Deposit must be approved by Contracting Officer (CO) prior to submission of invoice. Vendor/PMC must submit request for damages/security deposit within 14 days of move-out inspection (MOI). Documentation including repair costs and time-stamped photos documentation must be submitted with request.

c. Vendor/PMC shall implement and update a tracking spreadsheet for approved properties throughout the Direct Lease process. The tracking system must be approved by the Contracting Officer’s Representative (COR) prior to implementation. An example is provided at Attachment 2, Direct Lease Property Tracking Sheet.

Figure 1- Maximum Monthly Rent FY2024 Fair Market Rent Documentation FMR

County/Parish 1 BED 2 BEDS 3 BEDS 4 BEDS

Lincoln County

2. Property Inspections. Vendor/PMC and FEMA shall inspect each property to ensure compliance with Federal, State, and Local occupancy standards prior to executing lease agreements with housing applicants. Each inspection will also verify property owner’s capability to provide all property management services, including building maintenance.

3. Contacting Applicants. FEMA will identify eligible applicants for the Direct Lease program and provide the following applicant information to Vendor/PMC: applicant name, co-applicant name (if applicable), damage dwelling address, mailing address, phone number(s), and emails.

4. Matching Applicants. Once units are reported as available, FEMA will initiate contact to the applicant within one (1) day and coordinate with the applicant to match the Direct Lease unit that fits the needs of the applicant. FEMA will also inform each applicant of the next steps towards their placement in a Direct Lease Unit, such as having a background check for properties that require it.

a. Vendor/PMC shall notify FEMA, within one (1) day, in each instance regarding an applicant being denied placement due to adverse information in their background check.

5. Execute Lease Agreements. Vendor/PMC shall execute lease agreements with FEMA through completion of Attachment 4 of this document, the Direct Lease Contract Terms and Conditions.

6. Move-in of Applicants. Vendor/PMC and FEMA will be responsible for the move-in process for applicants into Direct Lease units. Vendor/PMC and FEMA shall conduct a walkthrough of the temporary housing unit with the applicant and ensure all the necessary paperwork is completed prior to completing a move-in. Within three (3) business days of completion, Vendor/PMC shall provide the COR with the following documentation:

a. A copy of the inspection record confirming the property complies with Federal, State, and local occupancy standards; Direct Lease Property Inspection Checklist (HUD) identified in Attachment 3.

b. A copy of the Direct Lease Contract Terms and Conditions (Attachment 4) that was completed in executing the lease agreement and specifies the monthly rent rates.

c. A copy of the Direct Lease Occupant Lease Agreement (Attachment 5); and

d. A copy of the Temporary Housing Agreement (Attachment 6).

7. Lease Agreement Payments. FEMA shall make rental payments to Vendor/PMC in accordance with the terms and conditions of the fully executed FEMA Contract (contract between FEMA and Vendor/PMC) for each property that is awarded under the contract.

8. Terminate Lease Agreements. FEMA will be responsible for any termination of assistance to applicants. Vendor/PMC shall be responsible for eviction of applicants whose assistance has been terminated by FEMA. FEMA may terminate the lease for the housing unit by providing Vendor/PMC with a written sixty (60) calendar day Termination Notice.

9. Utilities. The Government is not responsible for utilities, unless utilities are included in the monthly rental fee and do not exceed the established monthly rental rates established in Figure 1. Applicants are responsible for obtaining and payment of their own utility accounts.

10. Access and Functional Needs. A provision allowing Vendor/PMC to make, at FEMA’s expense, reasonable modifications or improvements to the property to provide a reasonable accommodation for an eligible applicant with a disability or other access or functional needs.

All modifications or improvements will be coordinated with the COR for FEMA approval prior to execution or incurrence of costs. All cost above $3,000 must be approved by the Contracting Officer.

11. Early Termination Fees. To be eligible for the Early Termination Fee, the Vendor/PMC must submit a copy of the lease between the Vendor/PMC and the Property Owner/Manager, to include the actual charges associated with the termination from the date of the cancellation.

a. When do the early termination fees take effect? When initiated by FEMA, the early termination will take place when FEMA has provided the contractor with a sixty (60) calendar day Termination Notice.

When an applicant is no longer eligible for Direct Housing Assistance and cannot remain in the leased unit, FEMA will notify the Vendor in writing, confirming that applicant has been notified of the termination and the effective date that the applicant must vacate the unit, removing all personal items and returning all keys to the Vendor.

If the applicant does not vacate the unit, the property owner is responsible to take the necessary steps to reclaim the unit using all legal action, including eviction. If there is any damage other than normal wear and tear, FEMA’s security deposit may be used to cover the costs. Damage not covered by the security deposit must be paid by the applicant.

b. What is the amount applicable (this needs to be very specific)? The early termination fee will be two (2) month’s rent at the FMR for the location and number of bedrooms in the unit.

c. What are the required documents and when do they need to be submitted?

Refer to Section 1b (i and ii) above.

d. When Contractor initiates an early termination, they must give FEMA CO/COR a sixty (60) day notice with explanation. No early termination fee will apply.

12. Move-out of Applicants. If there are damages to the property or rental furniture (if applicable) the following process should be followed.

• Vendor/PMC reports damages to the Contracting Officer or COR within 14 days.

• An additional 14 days is allowed to submit the total costs to the Contracting Officer or COR.

FEMA Task Force Lead notifies COR and CO when unit is no longer needed, to terminate contract of unit.

FEMA COR notifies property management company or property owner that the occupant is moving out. (There is a standard template for this.)

FEMA/Vendor Move-Out Inspection is completed

Vendor Vendor/PMC reports any damages to the Contracting Officer and COR within fourteen (14) days.

Vendor An additional 14 days is allowed to submit the total costs to the Contracting Officer or COR.

FEMA

Complete FEMA Form FF-145-FY-21-100 (formerly SF 143-0-1) with contract number, specific termination CLIN, Unit number, Address, and cost.

FEMA

HUGS submits FEMA Form FF-145-FY-21-100 (formerly SF 143-0-1) to the Ordering Unit) for routing to Contracting Officer to process termination of unit by Contract Modification. (completed and signed by all parties to COR)

FEMA

CO is the only one who can issue a modification for termination of a unit. Once the modification is awarded and sent to Vendor/PMC, COR sends notice to property management company or property owner to return unit to their control as specified in the contract. If unit is no longer needed, Vendor/PMC will remove the unit from existing inventory.

INSPECTION

Properties are subject to inspection by FEMA and other applicable Government agencies.

Vendor/PMC shall participate by responding to all requests for information and inspection or review findings by regulatory agencies. Vendor/PMC shall allow FEMA, or an entity or organization approved by FEMA, to conduct inspections of rental units, as required, to ensure an acceptable level of services and acceptable conditions of housing as determined by FEMA.

No notice to Vendor/PMC is required prior to an inspection. FEMA will share findings of the inspection with Vendor/PMC (See Attachment 3).

QUALITY ASSURANCE/QUALITY CONTROL PROVISIONS

Vendor/PMC shall adhere to all quality assurance/quality control provisions outlined in the Quality Assurance Surveillance Plan. (See Attachment 1).

PLACE OF PERFORMANCE

Within 30 to 60 miles of disaster impacted counties.

PERIOD OF PERFORMANCE

The period of performance (PoP):

Base POP: 6 months from contract award Option 1: 6 months Option 2: 6 months

GOVERNMENT POINTS OF CONTACT:

CONTRACTING OFFICERS

Lisa Thibodeaux Venus Griffin

CONTRACTING OFFICER REPRESENTATIVE(S):

Derek Reaves

PROGRAM MANAGER

Dara Hays