Attachment A - PWS.docx

ATTACHMENT A

PERFORMANCE WORK STATEMENT

MAINTENANCE AND DEACTIVATION OF MOBILE HOME/PARK MODEL UNITS AT COMMUNITY AND COMMERCIAL SITES

DECEMBER 2011

Table of Contents

Subject/Title Pages

Performance Work Statement (PWS) Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) December 2011 PROJECT TITLE: DR 1981 – North Dakota Maintenance and Deactivation Contract

BACKGROUND

(NCS 16th Ave SE and 55th St SE), Minot, ND 58701

RECOVERY VILLAGE

( NCS - 42nd St NE and 17th Ave NE), Minot, ND 58701

DeSOUR

(NCS – 29th Avenue NW and Heritage Drive), Burlington, ND 58722

HOLIDAY VILLAGE MHP

1325 N 27th St SE, Minot, ND 58701 (NCS-25 St SE)

BURLINGTON MHP

615 Colton Ave, Burlington, ND 58722 (NCS-River Road)

GULLI’S MHP

4100 Burdick Expressway E, Minot, ND 58701 (NCS-42nd St SE)

GOLD NUGGET MHP

1305 31st St SE, Minot, ND 58701 (NCS-11th Ave SE)

JEFFERSON MHP

3100 11th St SE, Minot, 58701 (NCS-16th Ave SE)

2.f. In compliance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5150), this contract will be to a local area set aside, which provides a preference for local organizations, firms, and individuals when contracting for major disaster or emergency assistance activities. Additionally, this will be a small business set aside. To be eligible for a contract award under the Robert T. Stafford Relief and Emergency Assistance Act, the following conditions must be certified by all small business vendors submitting a proposal. An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months:

(1) The offeror had its main operating office in the designated areas; and

(2) That office generated at least half of the offeror’s gross revenues and employed at least half of the offeror’s permanent employees.

If the offeror does not meet this criterion, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include:

(1) Physical location(s) of the offeror’s permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror’s gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation.

General:

This specification establishes the minimum requirements for disaster area maintenance of FEMA’s Temporary Housing Units (THUs).

FEMA will:

Provide occupant information to the contractor through the COR.

Provide information on which units are assigned to the contractor, the units reassigned to another contractor, the units that need to be deactivated, the units that require refurbishment, cleaning and staging maintenance. This information will come from the COR.

Provide orientation to the tenants and explain the rules and regulations regarding use of the units.

Be responsible for vandalism, domestic problems, disruptive tenants, and tenants refusing service at each site The contractor shall at a minimum:

Provide maintenance services of units assigned by FEMA. This maintenance services contract includes performing monthly preventative maintenance inspections, responding to routine and emergency maintenance calls, making repairs, and providing pest control services as required for units assigned to the contractor and/or identified by FEMA.

Maintain records. The contactor shall maintain records pertaining to tasks assigned to include monthly preventative maintenance inspection, and routine and emergency maintenance in a database or system compatible with Microsoft Access or Excel. The contractor needs to be prepared to provide detailed reports and summaries which shall address daily, monthly, and cumulative information as well as County, zip codes, unit type, unit site, preventative, routine, emergency, maintenance and deactivation. The contractor shall be able to provide reports for the types of calls, and response times and individual and cumulative unit information as to what was done and/or replaced. The contractor will also maintain occupant information provided by the COR for applicants they service and at minimum maintain data which includes all fields in the work order. The contractor shall be required to protect Privacy Act information of occupants.

The records shall be saved and provided to FEMA when the units are deactivated, and/or upon request by FEMA. All records shall be saved and provided on a CD-ROM in Microsoft Word or Excel and provided to FEMA. The contractor will maintain a back-up copy for three years after the contract is completed.

Perform other tasks as required by the Contracting Officer’s Representative (COR), and as described in the Additional Cost Line Items portion of this document. FEMA will notify the contractor of the requirement for these tasks.

Demonstrate professionalism when performing contract-associated tasks. The Contractor must have approval from the occupant or, in case of an emergency, the project monitor (PM) prior to entering the temporary housing unit. This shall include notifying commercial site management or Operations and Management personnel when performing duties within their properties.

Maintain a safe working environment. The Contractor at no time shall leave unattended, or otherwise unprotected, any excavation or safety hazard that might cause injury to any person. Access to and from all exterior doors shall be maintained at all times.

Contact the manufacturer, dealer or temporary housing unit source for warranty maintenance issues as approved by FEMA. Regardless of warranty coverage, the contractor is responsible for making the repairs under the terms and conditions of the contract at no additional cost. Parts over $250 have to be approved by the COR. For parts over $250 the contractor will be reimbursed the actual amount minus $250. FEMA will not pay any co-payment or deductions under $250 if they are required. If the contractor is paid by the manufacturer, dealer, or temporary housing unit source to perform warranty maintenance, the contractor shall reimburse FEMA the amount received, and FEMA shall reimburse the contractor up to but not to exceed $250. For reimbursable items, the contractor shall procure the items on a competitive basis or provide justification if there is lack of competition. Discounts and rebates on items provided to the contractor shall be credited to the Government. Response times will not be waived due to materials not on hand or not delivered on time. Any open job orders as of the last day of the contract period are to be completed under the terms of the contract. Contractor’s last monthly payment shall be held pending completion of all backlog job orders.

Have resources (including staff) available or on-call for 24 hours a day, 7 days a week (24/7), to include having a toll-free number available within 48 hours upon contract award to report emergency (day and after-hours), and routine issues.

Make repairs identified by FEMA. Generally the Contractor will be expected to correct problems that the occupants are not expected to correct. These problems are not limited to tasks that require the professional services of an experienced electrician, carpenter, plumber, pest control specialist or appliance repairman. The contractor is not required to service calls for issues that occupants are generally responsible for such as maid service, washing windows, changing curtains, and/or changing linen for occupied units. The contractor will not be responsible for picking up trash in the units or emptying the unit trash cans, etc.

Obtain approval from the COR prior to performing any miscellaneous or unusual requirements. Written documentation must be submitted for reimbursement.

Inform FEMA of any trends associated with the upkeep and maintenance of the unit such as excessive service calls.

Respect applicant privacy and protect their information. The applicant information must not be used for any reasons other than the intended purpose. No applicant information will be provided to other entities without FEMA and the applicant’s approval.

GENERAL SCOPE

This PWS applies to the work to be accomplished by a qualified and eligible North Dakota small business in the federally declared disaster counties under DR-1981. The only types of models that apply to this PWS are Mobile Homes (Manufactured) and Park Models.

Ensure that all Temporary Housing Units (THUs) will meet the Contract Maintenance Standard within the first 60 days after contract period of performance start date, as defined by FEMA as that which is necessary to maintain the Temporary Housing Unit (THU) in a “Safe, secure and habitable condition.” Meeting this standard also requires that the chassis/towing systems, entrance/exit components, interior components, exterior components, electrical, plumbing, HVAC, appliances, and leveling or re-blocking of the unit be kept repaired and maintained to keep the THU in its optimal functioning condition of safe, secure and habitable.

Ensure that all THUs are continuously maintained in accord with the Contract Maintenance Standard during each Period of Performance.

Ensure that an internal 24/7 toll-free “Call Center” is established by the Contractor for the convenience of the applicants.

Ensure Deactivation of all THUs in a timely manner, as defined by this PWS, so as to prevent disrepair, potential vandalism, etc. Ensure that all sites are returned to original groomed and ready condition.

Ensure Routine and Emergency Maintenance, Haul and Install, Reposition, Relocation and Reinstallation of THUs, including UFAS THUs occurs within standards provided herein.

Ensure all tasks occur within time constraints as defined in this PWS.

This PWS includes Definitions (Appendix A) and defines Standards as required by this contract.

All Contract Line Items (CLINs) (except CLIN 0007 Miscellaneous, for unforeseen emergencies/events/major repairs), shall be priced as fixed prices.

APPLICABLE DOCUMENTS

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended Code of Federal Regulation Title 48, Federal Acquisition Regulations All applicable Federal, State, and Local laws, regulations, statutes and ordinances National Electrical Code (NEC) Uniform Federal Access Standards (UFAS) Federal Specification QQ-S-781 G for Type 1 Class B, Grade 1 strapping HUD Part 3280 Manufactured Home Construction and Safety Standards Wind Zone III The Privacy Act Service Contract Act

SUMMARY OF REQUIREMENTS – An overview of the Contract Line Identification Numbers or CLINS that are expected to be used at least once during the contract; a more detailed description follows:

Transition (CLIN 0001) – PHASE-IN: The contractor shall perform any and all efforts necessary during the phase-in period to ensure the ability to successfully perform the tasks and activities associated with this contract. This task shall be completed within 60 days from the start of the period of performance or from the effective date of of contract award. This includes but is not limited to the contractor developing and establishing procedures for performing the tasks within the time periods identified, establishing professional relationships and familiarity with the coverage areas and FEMA requirements, establishing the contractor’s organizational structure, obtaining necessary equipment, development of a quality control system, establishing a toll free number (within 48 hours of award), and hiring staff. Contractors are expected to capture the following types of information in order to successfully perform their work during phase-in: identification numbers and information regarding the specific models, locations, residents, etc. for each of the units to be monitored /maintained, the effective dates and applicable warranty periods. The departing contractor shall perform maintenance bringing the THUs to FEMA’s Contract Maintenance Standard (this will be the last PMI for the outgoing contractor and the first PMI for the incoming contractor). All THUs under this contract will be park models or mobile homes that when installed were new or refurbished. For the transition phase, there will be a per unit cost with a fixed number of units. For transition between the outgoing and incoming contractors, the Government will authorize a 4 day grace period after the effective date of contract award, and on the 5th day invoke its rights under FAR Part 52.246-4.

The first transition period will consist of reviewing and inspecting all units and notifying the COR of any discrepancies in accordance with the Contract Maintenance Standard. This PMI will be done in conjunction with the last PMI performed by the outgoing contractor. The incoming contractor may invoice monthly for CLIN 0001 based on the quantity inspected.

Phase-In – – The phase-in will start at date of contract award. The phase-in shall commence with a Kickoff Meeting within 5 days of contract award and will be chaired by FEMA. Phase-In shall include discussion and reviews with FEMA CORs, Direct Housing Operations (DHOPS), Logistics, Individual Assistance (IA), Contracting Officer and other branches as appropriate, regarding Contractor’s established phase-in procedures. The Contractor shall provide written copies of their Phase-In procedures to the COR. FEMA will take the minutes of the meeting and provide copies to all attendees.

Reports – Phase-in Plan shall be due within 48 hours to the COR and Contracting Officer after contract signature date.

Maintenance: There are two Maintenance CLINS: CLIN 0002 is for the Preventative Monthly Inspection (PMI)/Routine Maintenance Call; CLIN 0003 is for Emergency Maintenance Calls. The offeror shall provide a fixed unit price for the Preventive Maintenance Inspection (PMI) of all mobile home/park model units in the Period of Performance for the Base Contract and the 4 Option Periods. It is anticipated that there will be approximately 1,110-1,150 occupied THUs in the transition or phase-in timeframe. FAR Part 52.246-4 will be applied to any unit that is found not maintained within the Contract Maintenance Standard. The COR will give the contractor a 4 day grace period and on the 5th day, FAR Part 52.246-4 will be invoked until the unit meets the Contract Maintenance Standard. Under the Routine Maintenance CLIN falls Infrastructure Maintenance of community sites (not commercial sites). This includes the inspection of Lift Stations, buildings, roads, and other structures. The contractor shall propose an inspection checklist and schedule for the purpose of detecting incipient failures and performing repairs paid for under CLIN 0018.

Deactivation – (CLIN 0004/CLIN0005/CLIN0006) Deactivation can either be a non-emergency Deactivation (CLIN 0004) or Emergency Deactivation (CLIN 0005). These are fixed price CLINS. Contractor will be advised by the COR when deactivations are to occur and whether the deactivation is a routine or emergency deactivation. Invoices will be paid based on the negotiated deactivation CLIN price times the number of deactivations performed during the month. Deactivations will be considered complete only after the staging yard has shown acceptance and the unit site is returned to its original groomed and ready condition. The contractor has 7 days to perform all requirements for routine deactivation, including a groomed and ready condition of the unit site (i.e., all debris are removed and site is in groomed condition). FAR Part 52.246-4 will become effective on the 8th day after direction is given to deactivate a unit. If the unit is not in the staging yard or the unit site is not in a groomed and ready condition for placement of new THU by the 8th day, the government will invoke its rights under contract clause FAR Part 52.246-4.

CLIN 0006: Mileage Greater than 150 miles during Deactivations/Hauling: The offeror shall provide a per mile price for miles traveled during deactivations and hauling greater than 150 miles. Mileage shall be determined as: one-way from the point of pick up to an assigned site using the most direct, legal route from origin to destination, taking into consideration state transportation regulations. The cost for mileage up to 150 miles during a deactivation/haul is considered part of the fixed price CLIN.

1) 2) 3) 4) a) b) c) i) (1) (2) (3) (a) (i) 1.

a.

During movement of THUs, all liability rests on the contractor until the unit has arrived at the FEMA staging area or installation site, except those excess costs that are caused by failure arising from causes beyond the control and without the fault or negligence of the Contractor or his agent. Per the Federal Acquisition Regulation (FAR) under Excusable delays, “the Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay.” In each instance, the failure to perform must be beyond the control and without the fault or negligence of the contractor. FEMA accepts responsibility for failure or untimely performance by the electric utility companies and considered beyond the control of the contractor or subcontractor.

Miscellaneous – CLIN 0007: It is FEMA’s intent to provide a Not to Exceed Amount for CLIN 0007, which is for unforeseen circumstances will be negotiated individually on a case-by-case basis. The Contractor must provide copies of the actual receipts when invoicing. This CLIN receives a plug number for work associated with on-site unit maintenance and repair of installed MH/PM units as assigned by the COR or designee that are not addressed by the other descriptions and line items.

Hauling and Installing – CLIN0008: This is also a fixed price CLIN. The contractor will be paid the pre-negotiated rate based on the number of units hauled and installed during the month.

Unit Repositioning – CLIN 0009: “Repositioning” is the movement of the installed unit to a different position on the same site. The offeror shall provide a fixed price per unit for the Reposition of both types of units as may be assigned by the COR. The Contractor will be paid the pre-negotiated rate based on the type and number of units repositioned. The contractor must use the same material used in the original installation to reposition the temporary housing unit, as long as the material is in good sound condition. The Contractor must have all the appropriate permits and licenses within three (3) days of issuance of task order. The occupant shall not be displaced overnight without prior COR authorization.

Unit Relocation – CLIN 0010: “Relocation” is the movement of the installed unit from one site to another. The contractor must have all appropriate permits and licenses within three days of issuance of task order. Complete deactivation or unit pick-up and installation of the unit shall be completed within the same day. The occupant shall not be displaced overnight without prior COR authorization. The offeror shall provide a fixed price per unit for the Relocation of both types of units as may be assigned by the COR. The Contractor will be paid the pre-negotiated rate based on the type and number of units relocated.

0. Heavy Tow: CLIN 0011 – This CLIN will be used when directed by the COR. It is a firm fixed price CLIN. The necessity for heavy equipment is at the discretion of the FEMA COR.

0. Maintenance Hotline/Call Center: CLIN 0012 – this 24/7 hotline will be established after acceptance of the first unit by the incoming contractor. This is also a firm fixed price based on a daily rate. Contractor will share effort with the outgoing contractor during the transition period.

0. Unit Refurbishment (CLIN0013) – The contractor shall clean and refurbish units for re-occupancy. “Refurbishment” means restoration of the unit to a “like new” condition, with the exception of reasonable wear and tear. This is a firm fixed price CLIN.

0. Clean and Make Ready: CLIN 0014 – The contractor will clean, test, and make ready for use all appliances and components associated with the unit to include but not limited to: plumbing, electrical, HVAC, exhaust fans, mildew, mold, etc. This is a firm fixed price CLIN.

0. Install Platform Steps: CLIN 0015 – platform steps will be requested by the Direct Housing Operations Section (DHOPS) to the COR on an as needed basis. This is a firm fixed price CLIN.

0. Installation of Uniform Federal Accessibility Standards (UFAS) Compliant Ramp up to or at 30 feet: CLIN 0016 - will be requested by the Direct Housing Operations Section (DHOPS) to the COR on an as needed basis. This is a firm fixed price CLIN.

0. Installation of UFAS-Compliant Ramp for each foot over 30 feet: CLIN 0017 - will be requested by the Direct Housing Operations Section (DHOPS) to the COR on an as needed basis. This is a firm fixed price CLIN with an established price per added foot in length.

0. Maintenance and Repair of Lift Stations at Community Sites – CLIN 0018 – This is also a Government plug number to cover a variety of repairs at the community site repair of Lift Stations at the three community sites. This is a cost reimbursement CLIN.

0. Summary – These are the 18 CLINs that apply to this performance work statement. Except for the two CLINs that are cost reimbursement with a Government not-to-exceed plug number, all other CLINs require a fixed price based on estimated quantities. The Contractor shall resolve all maintenance issues and address requirements of the units related to their long term maintenance and deactivation. FEMA has provided a standard for the “maintenance issues” entitled the “Contract Maintenance Standard”. The Government will randomly inspect units and ensure that the units meet the standard defined herein. During the entire performance period, the Contractor shall be responsible for all preventive, routine and emergency maintenance at the agreed to firm fixed prices. Payments will be made monthly at the pre-negotiated rate based upon the number of units actually inspected that month. The Contractor shall have the technical capability to make all necessary repairs to the units and to keep them at the Contract Maintenance Standard (CMS).

INSPECTION OF SERVICES – Fixed Price

8. QUALIFICATIONS AND RESPONSIBILITIES:

8.b. FEMA Responsibilities 1.

1.a.

1.b.

Provide occupant information to the Contractor via the COR.

Obtain the commercial pad lease information for any commercial sites.

Contractor Responsibilities

Contractor Badges – The Contractor shall provide the names of all personnel (including temporary personnel and/or sub-Contractors) to the COR in writing within two (2) business days after start of contract and within 2 business days after any change of personnel.

Safety 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, statutes and ordinances.

The Contractor shall maintain a safe working environment for the Contractor employees, unit occupants, FEMA staff, other Contractors and the general public. At NO time shall the Contractor or Subcontractor leave unattended or otherwise unprotected, any excavation or safety hazard that might cause injury to persons.

Records and Reports

The contractor shall be required to provide reports using commercially acceptable formats. This format must provide FEMA with the ability to use the data in any system the government uses for tracking the deactivation and maintenance of the units. These reporting requirements will be communicated and coordinated through the COR at the kick off meeting. The contractor shall provide daily, weekly and monthly reports. For tracking purposes, the information provided shall include a means by which to identify the unit location (e.g.barcode, VIN, full address, Registration (RGSN), unit type, park name (if applicable), lot # (if applicable), date of report and type of work performed.

Administration and Management – The minimum expectation for Contractor’s management and administration (program management) shall result in the following:

Contractual direction can only come from the Contracting Officer.

Specific technical direction can only come from the COR or designee.

Customer (FEMA) satisfaction will be gauged based on results from a random sample of unit inspections by the COR or telephone contact with the occupant.

Unit Acceptance – The Contractor shall begin inspection and acceptance of all units from the outgoing MDC Contractor for maintenance within 48 hours after contract award.

Reporting – During Transition a copy of all the unit inspection reports shall be given daily to the COR for each unit by 10:00 AM CST until approximately May 2012 at which time all unit inspections shall be completed. Reports are subject to FAR Part 52.246.4 as shown herein.

Ensure that all necessary permits are obtained to perform work.

Develop a work order process for maintenance calls within 48 hours after award and prepare for accepting the first work order requirement (i.e. hiring necessary staff and implementation for work plan necessary to successfully fulfill the work order requirements).

Develop a unit acceptance plan including: bar codes, unit identification numbers, unit location, unit type, unit occupant contact information, and best time for contact. FEMA reserves the right to approve the plan prior to acceptance.

9. Maintenance – Routine / Preventive – CLIN0002

9.a.3. The Contractor shall complete routine maintenance items requested

9.a.9 Priority shall be given during routine maintenance to: