HSFE70-14-R-0005_draft_Sol-2-6-14.pdf

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

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

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until local time _______________________ (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXT.

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the Offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The Offeror acknowledges receipt of amendments to the

SOLICITATION for Offerors and related documents numbered and dated:

DUNS: CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE CODE

PHONE: FAX:

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by Offeror)

AWARD (To be completed by Government)

1 65 N/A

HSFE70-14-R-0005

X

Federal Emergency Management Agency

Office of Acquisition Management

500 C Street, S.W., PP 5th Floor

Washington DC 20472

Same As Block #7 For Address

Item 7 12:00PM

Rahsaan A. Edwards 202-646-5786 Rahsaan.Edwards@fema.dhs.gov

X 1

X 1

X 7

X 1

X 21

X 2

X 5

X 5

X 8

X 1

X 5

X 13

X 7

Federal Emergency Management Agency/FFC

P.O. Box 9001

Winchester, VA 22604

Zahra Hashmi

Contracting Officer

This Page Intentionally Left Blank23

HSFE70-14-R-0005 Section B

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 24

B.1 PRICE/COST SCHEDULE- 25

See Schedule Attached - Attachment 1 26

B.2. MINIMUM AND MAXIMUM ORDERING LIMITATION 27

The guaranteed minimum order for this contract is 20 units for the base year and option periods. 28

The maximum order for this contract is $517 Million for the base year and option periods, if 29 options exercised. 30

B.3 ITEMS TO BE ACQUIRED 31

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services 32

(except as may be expressly set forth in this contract and task orders as furnished by the 33

Government) and otherwise do all things necessary to, or incident to, performing and providing the 34 items as required by the contract. 35

B.4 CONSIDERATION and PAYMENT -- FIXED-PRICE 36

(a) Total payment(s) will be made upon the satisfactory completion and Government acceptance 37 of all requirements under the contract. The payment(s) will be paid on a monthly basis. 38

(b) Supplies may be ordered at any time during the effective period of performance. Task orders 39 will be issued in accordance with the Section G.5; clause entitled "Task Order Procedures." The 40 aggregate dollar amount/quantities of all task order funding obligations shall not exceed the 41 maximum order of this contract as specified in the Section B2 clause entitled "Maximum and 42

Minimum Ordering Limitation". 43

HSFE70-14-R-0005 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 45

Statement of Work 46

Manufactured Housing Units 47

Department of Homeland Security (DHS) 48

Federal Emergency Management Agency (FEMA) 49

I- BACKGROUND 50

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended and related 51 authorities, as of April 2013 authorizes the Federal Emergency Management Agency (FEMA) to 52 provide temporary housing units, acquired by purchase or lease, directly to individuals or 53 households who, because a lack of available housing would be unable to make use of financial 54 assistance. The Stafford Act also describes the decision criteria for determining which types of 55 assistance will be provided; Stafford Act, Section (408)(b)(2)(B). Considerations include cost 56 effectiveness, convenience to the individuals and households, and other factors the President may 57 deem appropriate. 58

One of the temporary housing methods that FEMA exercises is providing Manufactured Housing 59

Units (MHUs). MHUs are constructed to meet the Housing and Urban Development (HUD) 60 standards as set forth in 24 CFR 3280 (Manufactured Home Construction Safety Standards, et. 61 seq.). FEMA may refer to 24 CFR 3280 et. seq. as “HUD Code” as part of this solicitation. 62

In order to meet this mission requirement, FEMA procures and stores MHUs at Manufactured 63

Housing Storage Sites (MHSS). To meet the needs of disaster survivors, FEMA procures the 64 following types of units: Express one (1) bedroom, one (1) bedroom, two (2) bedrooms, and three 65

(3) bedrooms. 66

Additionally, FEMA procures MHUs to support disaster survivors with access and functional 67 needs. Manufactured housing built to meet this requirement is built in accordance to 68

Architectural Barriers Act (ABA), 42 U.S.C. 4151-4157. The current construction requirements 69 for the ABA are the Uniform Federal Accessibility Standards (UFAS 1984.) 70

II- GENERAL REQUIREMENTS 71

1- MHU Units 72

The contractor shall provide all labor and material to produce and deliver to FEMA the following 73 types of MHU’s manufactured in accordance with 24 CRF 3280, the statement of work (SOW) in 74

Section C, and the FEMA Rugged Base Performance Requirements, Version BA (Section 75

J:Attachment 2) included in the contract. 76

C-2

Note: In the Rugged Base Performance Requirements there are series of numbered shalls (“Shall (#)”). 78

For each numbered shall (“Shall (#)”), the contractor will have to fill and submit the Rugged Based 79

Requirements Matrix (Section J: Attachment 3) to demonstrate compliance. 80

Types of MHUs: 81

Express One Bedroom MHU Standard “FEMA” Southern 82

Express One Bedroom MHU Standard “FEMA” Northern 83

Express One Bedroom MHU UFAS “FEMA” Southern 84

Express One Bedroom MHU UFAS “FEMA” Northern 85

Express One Bedroom MHU Standard “FEMA” CONUS 86

Express One Bedroom MHU UFAS “FEMA” CONUS 87

One Bedroom MHU Standard “FEMA” Southern 88

One Bedroom MHU Standard “FEMA” Northern 89

One Bedroom MHU UFAS “FEMA” Southern 90

One Bedroom MHU UFAS “FEMA” Northern 91

One Bedroom MHU Standard “FEMA” CONUS 92

One Bedroom MHU UFAS “FEMA” CONUS 93

Two Bedroom Standard MHU “FEMA” Southern 94

Two Bedroom Standard MHU “FEMA” Northern 95

Two Bedroom UFAS MHU “FEMA” Southern 96

Two Bedroom UFAS MHU “FEMA” Northern 97

Two Bedroom MHU Standard “FEMA” CONUS 98

Two Bedroom MHU UFAS “FEMA” CONUS 99

Three Bedroom Standard MHU “FEMA” Southern 100

Three Bedroom Standard MHU “FEMA” Northern 101

Three Bedroom UFAS MHU “FEMA” Southern 102

Three Bedroom UFAS MHU “FEMA” Northern 103

Three Bedroom MHU Standard “FEMA” CONUS 104

Three Bedroom MHU UFAS “FEMA” CONUS 105

The contractor shall include a ¾ bathroom in all three (3) bedroom units (both UFAS and 106 non-UFAS). 107

FEMA will evaluate proposals for CONUS units that can be deployed in the contiguous US and 108

Washington DC. FEMA will require a UFAS/non-UFAS configuration for each unit: 3 bedroom, 2 109 bedroom, 1 bedroom and Express 1 bedroom. 110

Note: FEMA’s inventory requires that MHUs are able to be installed anywhere in the contiguous United 111

States. The inventory can consist of either both northern and southern units or CONUS units. The inventory 112 does not require that both northern/southern and CONUS units to be available. 113

C-3

A) All MHU’s shall accommodate daily living essentials (e.g. cooking, sleeping, security, 114 sanitation). The MHU shall be safe, durable (for the required period of performance), free from 115 defects as well as free from hazards including sharp edges. 116

B) The contractor shall manufacture all MHUs with quality “Fit and Finish”. Quality “Fit and 117

Finish” applies to both the exterior and interior of the MHU and refers to the way the parts go 118 together. For example; the corners of the walls are straight, true and plum; molding is placed 119 level with no gaps, twists, or bulges; paint is smooth and evenly applied; doors are smooth 120 opening and closing, tight fitting, true and plum. 121

C) The contractor shall use the most stringent requirements when building MHUs for FEMA. 122

This shall include voluntary standards developed by industry, manufacturer’s instructions or 123 regulations. 124

D) All materials and components used in the production of the manufactured homes under this 125 contract shall be new. 126

2- Certification 127

The contractor shall maintain, and have available for FEMA inspection, HUD Certification, as 128 evidenced by a Certification Report prepared by a Design Approval Primary Inspection Agency 129

(DAPIA) for manufactured homes built by each manufacturing facility used for production under 130 this contract. 131

Additionally, the contractor shall maintain and have available an approved MHU design issued by 132 a Design Approval Primary Inspection Agency (DAPIA) (including any production changes). 133

These DAPIA certified MHU designs shall be submitted to FEMA as part of the contractor’s 134 proposal as described in Section L. In addition, the contractor shall submit a revised certified 135 design whenever a modification of structural design occurs. 136

Approved DAPIA certifications shall be available for FEMA inspection at each manufacturing 137 facility. 138

Manufacturing facilities shall maintain an In-House Primary Inspection Agency (IPIA) 139 certification to make sure the construction standards comply with the national code. 140

Alternative construction shall be in accordance with 24 CFR 3282.14 (alternative construction of 141 manufactured homes). 142

3- Design/Material Changes/Variances 143

During the performance of this contract, the contractor shall obtain Government acceptance and 144 approval if the contractor wants to change/vary the design or any materials or otherwise vary from 145 the FEMA Rugged Base Performance Requirements and/or the contractor’s proposed response to 146 the solicitation. 147

C-4

The following protocol shall be observed for all requests for changes/variance. FEMA will not 148 accept or approve any requests which do not include the documentation described below. 149

Additionally, requirements deemed to negatively impact unit performance, or that may adversely 150 affect occupant safety, will not be approved. 151

Documentation Required

Justification

1. A statement from the contractor listing the reason that a request to change/variance is being made. The contractor must also include a description of the original construction method or materials and the proposed alternative.

2. A copy of the page(s) from the proposal/contract where the original construction method or material was listed (highlight section).

Safety

3. If applicable, provide the Material Safety Data Sheet (MSDS) for the original material.

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

5. A letter from the vendor’s original accredited 3 rd party engineer or agency stating:

How the proposed change/variance meets or exceeds the original requirements of the solicitation?

What, if any, affect the change/variance has on the code (regulations) certification.

Note: If the change/variance affects the certification, how would the code certification be met?

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

Cost/

Timeliness

6. How does the proposed substitution affect the overall unit cost? (List the original unit cost

vs. the new unit cost)

7. A statement describing how the substitution could adversely or positively affect ramp-up time, production schedule and/or delivery schedule.

24 CFR

compliance

8. The contractor shall provide any design change approvals from their DAPIA as is required under 24 CFR § 3282.362 (b)(5). Design change approval or a letter from the DAPIA stating that no design change approval is required under the listed sub part.

9. The contractor shall perform any quality assurance manual changes that result from any design change request from their DAPIA as is required under 24 CFR § 3282.362 (c)(4). A manual change approval or a letter from the DAPIA stating that no manual change approval is required under the listed sub part.

Acceptance of Change notification

10. If FEMA approves a design/material change/variance, then the contractor shall provide a letter from their IPIA stating that they have been notified of the design/material change/variance and any change to the quality assurance manual that such change was required.

11. The Contractor shall warrant any material change/variance.

C-5

Changes and modifications are not considered to have final approval if a HUD Alternative 152

Construction Letter is required. Only after HUD grants an Alternative Construction Letter the 153 change be accepted or approved. 154

4- Warranty 155

The contractor shall warrant that the construction of all MHUs complies with the Federal 156

Manufactured Home Construction and Safety Standards in effect at the time the MHU is 157 constructed, and is free from any defects in materials and workmanship. This warranty shall 158 obligate the contractor to take the appropriate corrective action at its own expense; in instances of 159 non-conformity to such standards, non-conformity to the SOW or FEMA Rugged Base 160

Performance Requirements, instances of patent or latent defects in materials or workmanship 161 and/or quality and finish defects. The warranty covers all items including the MHU as well as all 162 components provided in accordance with this contract. All warranty items, except for Charge Back 163 items, shall have three (3) calendar days to have a representative at the FEMA location (FEMA 164

Storage [Cumberland or Selma]), FEMA staging (location within a disaster recovery/response 165 operating area) or an MHU installation location to investigate the issue. 166

The vendor shall have no more than five (5) days after the date of inspection to provide FEMA 167 with a proposed course of action to make the required repairs or provide replacement items. If 168 during the inspection the issue could affect the integrity of the MHU, the contractor shall take 169 either temporary or permanent corrective action to ensure that there is no additional degradation of 170 the MHU. If the contractor elects that another entity (sub-contractor) performs the repair, the 171 prime contractor (task order awardee) shall be held responsible for ensuring that the work is 172 performed following HUD Code, State Codes/Regulations, Local Code/Regulations, Industry 173

Standards, Manufacturer Instructions and adhere to the Quality Standard and within the time frame 174 required by FEMA. 175

The contractor shall also warrant that all furniture and appliances supplied are in working order 176 and free of defects, are new and not refurbished furniture and appliances, and will replace or repair 177 any defective items for up to one year after the date of FEMA acceptance. All repairs shall result in 178 permanent remediation. All repairs shall be subject to an additional warranty of one year from the 179 date of the final repair unless otherwise specified in a contract modification. 180

Warranty Repairs in the Field: 181

In order to ensure that FEMA is able to provide housing to disaster survivors with minimal delay, 182

FEMA will implement a field warranty repair process which will be known as “Charge Back” as 183 part of this contract. As part of the Charge Back program, FEMA will set fixed prices to repair 184 items that the Agency has determined through analysis are typically defective from the factory. 185

The issues included in the Charge Back program are items that are not apparent when FEMA 186 inspects manufactured houses and are only apparent when the Agency installs the units connecting 187

C-6 them to utilities (water, sewer and electrical) and starts the systems within the manufactured home 188 such as the HVAC (latent defect). 189

FEMA will set fixed prices for the repair or replacement of the Charge Back items with unit 190 manufacturers and with FEMA’s installation vendors. The installation vendors shall be required to 191 provide FEMA with evidence that the repair or replacement is required. FEMA will provide the 192 manufactured home vendor with an invoice for the amount of repaired or replaced items with the 193 unit VIN. If FEMA determines that there is a trend with a specific manufacturer, for the contract or 194 task order, FEMA will coordinate with the manufacturer so that the manufacturer can take 195 corrective action if they so choose. FEMA will only be required to present an invoice to the 196 manufacturer as proof that a repair or replacement was required and carried out. Repairs carried 197 out under the Charge Back program do not void or limit the manufacturer’s warranty or other 198 responsibilities under the terms of this contract, HUD or any other entity. 199

FEMA has developed the costs for the Charge Back program using a number of sources. The costs 200 have been gathered so that they are applicable nationwide. In order to provide costs for future years 201

FEMA has used inflation rates based on U.S. Bureau of Economic Analysis (BEA) information as 202 of 01/30/2013. Costs have been rounded up to the nearest $10.00 increment. 203

In the Attachment 12, FEMA has provided a list defective or non-working items based on research 204 performed by FEMA based on units delivered by Manufacture’s. In this list, FEMA provides an 205 estimated cost to perform replacement/repairs for various defective items/components/parts where 206 the prime contractor may elect to be charged back/billed back for the work performed by another 207 entity on the MHU to meet the contract requirements. In an event that defects are recurrent, the 208 vendor shall have to perform the remedy to all of the manufactured homes in production and prior 209 delivery for acceptance and FEMA will not allow the prime contractor to exercise the charge back 210 alternative. 211

FEMA reserves the right to repair/replace items not listed as part of the Charge Back program 212 without prior notification to the vendor. FEMA will notify the vendor of such repair or 213 replacement and allow the vendor to negotiate the price of said repairs; however, if FEMA and the 214 vendor cannot reach an agreement regarding the repair or replacement FEMA will be the final 215 arbiter of the cost. The contractor has the right to fail a claim under the Contract Disputes Act of 216

1978(Refer to Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613) 217

5- First Articles 218

The contractor shall complete first article units (one of each unit type requested by FEMA) and 219 have them ready for the Government for first article inspection at the test facility (vendor site). 220

Refer to Section E.2 for additional details. 221

Inspection: The characteristics that the first article shall meet are specified in Section E.2 222 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

C-7

Delivery: The manufacturer shall deliver first Article units (one of each unit type requested by 223

FEMA) as defined in Section E.2. 224

6- MHU Production 225

The contractor shall adhere to the production as defined within the solicitation and any task order. 226

FEMA will award Indefinite Delivery, Indefinite Quantity (IDIQ) contracts to one or more 227 contractors and issue task orders for specific requirements. While these requirements will vary, 228 the contractor or contractors shall maintain a minimum production capacity sufficient to produce 229 and ship the following units: 230

1) Full and Open Offerors 231

Production requirement for Offerors proposing as full and open businesses, the minimum 232 production rate shall be 150 MHUs (combined rate) per week. Combined rate means that the 233 manufacturer can produce and ship different types of units where the total adds up to 150 units 234 weekly. 235

Examples of combined rate: 236

(125) Express units, (20) 2 bedroom units, and (5) 3 Bedroom units = 150 (Total/week) 237

(25) Express units, (25) 2 bedroom units, and (100) 3 Bedroom units = 150 (Total/week) 238

(150) Express 1 bedroom units 239

(150) 1 Bedroom units 240

(150) Three (3) bedroom units 241

The contractor will have four (4) weeks to ramp up to full minimum production rate. 242

2) Offerors proposing as Non-Full and Open 243

Production requirement for Offerors proposing as Non-Full and Open (small businesses), the 244 minimum production rate will be 60 MHUs (combined rate) per week. Combined rate means 245 that the manufacturer can produce and ship different types of units where the total adds up to 60 246 units. 247

Examples of combined rate: 248

(25) Express units, (25) 2 bedroom units, and (10) 3 bedroom units = 60 (Total/week) 249

(20) Express units, (20) 2 bedroom units, and (20) 3 bedroom units = 60 (Total/week) 250

(60) Express units 251

(60) 1 Bedroom units 252

(60) Two (2) bedroom units 253

The contractor will have four (4) weeks to ramp up to full minimum production rate. 254

C-8

7- MHU Delivery 255

A) Manufactured Home (MH) Delivery Rate and Unit Delivery Acceptance Rate 256

The MH Delivery Rate is defined as how many manufactured homes the 257 manufacturer/contractor can deliver on a set schedule. The delivery requirements will be 258 defined for the contract and for each task order. 259

The Unit Delivery Acceptance Rate is defined by how many delivered units are received, 260 accepted, and barcoded per week for each task order. 261

B) Delivery Conditions 262

Manufactured homes delivered to FEMA that do not meet all requirements will be rejected by 263 the Government until the contractor at their own expense shall complete all contract 264 requirements. Any expense for reworking/repairing/modifying the manufactured home to 265 bring it up to compliance with the terms and conditions of this contract shall be solely at the 266 expense of the contractor. 267

FEMA will inspect units twice (one time initially and a second time if rework/repair or a 268 modification is needed). If a unit does not pass the second inspection, FEMA will reject the 269 unit and require the contractor to provide a new unit with a different serial number/ HUD 270

Certification label number. Rejected units will not be accepted into FEMA inventory. 271

C) Delivery Locations 272

The primary delivery locations will be Selma, AL and Cumberland, MD. Additional delivery 273 locations may be specified by FEMA. Delivery may occur to more than a single location 274 simultaneously. The contractor assumes all liability for loss or damage until FEMA accepts 275 the manufactured home at the delivery location. The contractor shall have a representative at 276 each delivery location to witness FEMA’s Inspection Process (Refer to Section E.3). If any 277 repairs are required, they have to be conducted off the FEMA site. 278

8- Inspection and Acceptance 279

The contractor shall deliver units in Road Ready Condition or Ready for Deployment (RFD) to a 280 specified location where the MHUs will be inspected as specified in Section E.3. 281

9- Communication 282

The contractor shall be responsible for establishing communication with all parties* involved in 283 this solicitation and follow protocols of communication as specified in this solicitation. 284

C-9

*Parties: Throughout this document, references to contractor, manufacturer, and vendor, all refer to the 286 company that was awarded the contract. The company will be FEMA’s point-of-contact (POC) for all 287 warranties, including warranties for the unit, furnace, water heater, all furnishings, and appliances. 288

10- Quality 289

The contractor shall establish a Quality Control Program (Refer to Section E.4) and shall develop 290

Quality Control Plans. (Refer to Section E.5) 291

11 -References 292

Item Link

HUD Code 24

CFR 3280

http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol5/pdf/CFR-2010-title

24-vol5-part3280.pdf

Uniform Federal

Accessibility

Standard http://www.access-board.gov/ufas/ufas-html/ufas.htm

International

Building Code available at contractor cost http://www.iccsafe.org/Pages/default.aspx

Rugged Base

Performance

Requirements

Section J : Attachment 2

Federal Travel

Regulations http://www.gsa.gov/portal/content/104790

National Fire

Protection

Association available at contractor cost http://www.nfpa.org/index.asp http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol5/pdf/CFR-2010-title24-vol5-part3280.pdf http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol5/pdf/CFR-2010-title24-vol5-part3280.pdf http://www.access-board.gov/ufas/ufas-html/ufas.htm http://www.iccsafe.org/Pages/default.aspx http://www.gsa.gov/portal/content/104790 http://www.nfpa.org/index.asp

HSFE70-14-R-0005

SECTION D - PACKAGING AND MARKING 296

D.1 FINAL PACKAGE REQUIREMENTS 297

Each manufactured home shall be fit with a HUD Label/Tag as required by 24 CFR 3280, and 298 shrink wrapped if FEMA exercises the option for shrink wrap. 299

The contractor shall provide a list of all appliances included in the manufactured home and each 300 appliance must be identified that it is energy rated or not in accordance with 24 CFR 3280. 301

Each manufactured home shall include a parts and supplies listing as well as a Unit Data Placard as 302 described in the requirement. 303

See: RUGGED BASE PERFORMANCE REQUIREMENTS – ATTACHMENT 2 304

HSFE70-14-R-0005 Section E

E-1

SECTION E - INSPECTION AND ACCEPTANCE 307

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 308

The following contract clauses pertinent to this section are hereby incorporated by reference (by 309

Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES 310

INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an 311 internet address (if specified) for electronic access to the full text of a clause. 312

NUMBER TITLE DATE

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG 1996

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

E.2 INSPECTION AND ACCEPTANCE 313

FEMA will, at its discretion, inspect some or all of the MHs delivered under this contract and/or 314 task orders, either at the contractor’s facility or upon delivery, or both. The inspection will consist 315 of a review of visible items at any time during the manufacturing process. FEMA may also require 316 inspection of all utility systems and appliances, after full power up of the MH at the contractor’s 317 facility, conducted at the contractor’s expense. 318

E.2.1 Inspection at Delivery Location 319

For inspections at the delivery location, the Manufactured Home inspection Checklist (Section J: 320

Attachment 5) will be used. FEMA reserve the right to modify the checklist as the agency 321 determines necessary. Acceptance using the checklist does not remove the contractor’s 322 responsibility for latent defects or other warranty items. The contractor must provide FEMA with a 323 copy of all shipping documents including but not limited to the Bill of Lading, and Manufacturer 324

(MFG) shipment sheet (Section J: Attachment 6) . During the delivery process FEMA will inspect 325 the manufactured homes based on the current version of the Manufactured Home inspection check 326 list. If deficiencies are found during the inspection process the contractor shall remove the unit 327 from FEMA site to make necessary repair(s). The contractor will be allotted twenty four (24) 328 hours from the time of notification to repair the deficiencies. If the manufactured home delivered 329 for re-inspection fails, the contractor will be provided a 2n d opportunity to repair deficiencies 330

(refer to APPENDIX #1: Task Order Performance Requirement QAP Matrix, TOPA #5). And if the 331 manufactured unit fails the 3rd re-inspection, FEMA will reject the unit and the unit shall be 332 replaced at no cost to the government. 333

E.2.2. First Article Inspection 334

If FEMA notifies the manufacturer that FEMA will be conducting first article inspection (See 335

52.209-4 First Article Approval - Government Testing, Alt I) the manufacturer shall notify FEMA 336 fifteen (15) days prior to the completion of the first unit. FEMA will have a three (3) day window 337

E-2 from the date provided by the manufacturer to conduct first article inspection. First article 338 inspection does not relieve the manufacturer of any other type of inspection described in the 339 solicitation and the FEMA Rugged Base Performance Requirements. For the First Article 340

Inspection, FEMA will use the Manufactured Home First Article Inspection Checklist (Section J: 341

Attachment 4). FEMA would require a full power up to perform the First Article Inspection; the 342 first article inspection shall be conducted in a non-controlled climate where the performance of the 343 units against weather conditions can be evaluated. 344

E.3 QUALITY ASSURANCE AND SURVEILLANCE 345

The contractor shall have a well-documented quality control program. The quality program, which 346 includes procedures, processes and product shall be documented and subject to review by the 347

Government Representative with a valid FEMA Badge. The program shall assure that adequate 348 quality is implemented throughout all areas of contract performance; for example; design, 349 development, fabrication, processing, assembly, inspection, testing, packaging, and shipping. All 350 supplies and services under this contract, whether manufactured or performed within the 351 contractor's plant or at any other source, such as a subcontractor or other partner, shall be 352 controlled at all points necessary to assure compliance to contractual requirements. 353

E.4 QUALITY CONTROL PLAN 354

The contractor shall have a quality control plan (QCP) which describes in detail how the 355 manufacturer will assure high quality in its building process while meeting the delivery schedule. 356

The plan shall also state how the contractor will verify that the homes are built to the HUD Code 357 and the procurement specifications of this contract. The plan shall describe the manufacturer's 358 quality assurance program, and contain a chart of the organization showing, by position, all 359 personnel accountable for quality assurance, a list of tests and test equipment required, a 360 station-by-station description of the manufacturing process, a list of inspections required at each 361 station, and a list by title of personnel in the manufacturer's organization to be held responsible for 362 each inspection. This plan shall include the quality control processes relevant to any 363 subcontractors or other partners, and how these partners will be managed and integrated into the 364 overall quality control plan to ensure a comprehensive quality program to ensure the integrity of all 365 manufacturing and quality processes. This plan must be provided as part of the contractor’s 366 proposal as described in section L. 367

The contractor shall develop, provide and submit an appropriate, completed and signed Quality 368

Control Form (Refer to Section F) with each unit. 369

E.5 FEMA QUALITY ASSURANCE 370

The purpose of this section is to document procedures, guidelines, and evaluation criteria the 371

Government will use to monitor, evaluate, and ensure the contractor provides appropriate 372

E-3 technical performance and quality service in a timely manner consistent with the objectives, 373 mission and performance requirements in the contract 374

E.6 FEMA QUALITY ASSURANCE PLAN 375

E.6.1 FEMA Quality Assurance Plan 376

1. Introduction 377

This Quality Assurance Plan (QAP) has been developed to support the requirements set forth in 378

Solicitation. 379

Due to the critical nature of this contract in providing assistance to survivors of a disaster, FEMA 380 must monitor and evaluate performance to ensure that quality services, supplies, and work 381 performed are rendered in an expedited manner with minimal setbacks. The role of the 382 government is to perform quality assurance to ensure that contract and work order requirements 383 are appropriately achieved. 384

1.1 Purpose 385

The purpose of this QAP is to document procedures, guidelines, and evaluation criteria the 386

Government will use to monitor, evaluate, and ensure the contractor provides appropriate 387 technical performance and quality service in a timely manner consistent with the objectives, 388 mission, and performance requirements in the contract. 389

2. Overview and Scope 390

2.1 Overview 391

The QAP provides details of how the Government intends to monitor, evaluate and measure 392 contractor performance for the base contract (Appendix 1) and all related task orders (Appendix 2) 393 in accordance with contract. Government surveillance and oversight of the contractor’s Quality 394

Control Plan (QCP) is to ensure that the delivery of contractor services are timely, effective and 395 achieve the results specified in the contract. 396

2.2 Performance Requirement QAP Matrix 397

The Government will use the appropriate Performance Requirement QAP Matrix, along with the 398 technical requirements of the contract for monitoring and evaluation to determine areas of 399 performance relevant to individual task orders and the contract. For this QAP, there are two 400 matrices 1) the Task Order Performance Areas (TOPA) QAP Matrix (Appendix 1) which will be 401 used to rate the contractors within the period of time required by the FAR after the completion of a 402 task order, and 2) the Contract Performance Areas (CPA) QAP Matrix (Appendix 2) which will be 403 used to rate the contractors at the end of each contract year. FEMA will use information gathered 404

E-4 through the surveillance methods and activities to provide the data that is used as the basis of the 405 contractor’s performance rating. 406

2.3 Methods for Surveillance 407

Methods of surveillance identified in this document will be used to provide data that will be used 408 to assess contractor performance in accordance with the technical requirements of the contract. 409

The QAP Matrix elements and Manufactured Home checklist will be utilized to determine factors 410 for monitoring and evaluation. A variety of surveillance methods (see Section E.4) may be 411 considered for the awarded contracts. 412

The Contracting Officer’s Representative (COR) will develop a planned surveillance schedule 413 identifying the work to be observed or monitored. The COR will develop and apply the 414 appropriate checklist(s) to document contractor performance for each observable task. 415

2.4 Evaluation Procedures 416

Assessments for contractor performance will be documented using the appropriate Performance 417

Worksheet (Appendix 4) and a final contractor rating will be determined using the Performance 418

Evaluation Calculator. 419

2.5 QAP Implementation 420

The QAP is designed to focus on the quality, quantity and timeliness of the performance outputs 421 provided by the Contractor. Successful implementation of the QAP is based upon careful 422 planning and targeted use of the following: 423

1. Surveillance Planning and Scheduling; 424

2. Data analysis of surveillance results; 425

3. Consistent performance of QAP requirements; and 426

4. Frequent QAP updates based on surveillance results or Contractor improvements. 427

3. Roles and Responsibilities 428

The Government and Contractor responsibilities for quality assurance are as follows. 429

3.1 Contracting Officer (CO) 430

The CO ensures performance of all requirements of the base contract and task orders (TO) to 431 ensure compliance with the terms and conditions of the contract and/or TO. The CO safeguards 432 the interests of the government in the contractual relationship. The CO will receive all discrepancy 433 reports and forward them to executive management of the contractor for action upon each noted 434 discrepancy. The CO may monitor, perform surveillance, and evaluate the contractor’s 435 performance at any time during the life of the contract and/or TO. 436

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3.2 Contracting Officer’s Representative 437

The COR is responsible for the base contract and all related task orders. It is the COR’s 438 responsibility to ensure that contractor performance is in accordance with the technical 439 requirements of the contract and that contractual issues are elevated to the CO. The COR 440 develops and applies procedures for performing government quality assurance surveillance 441 actions. The COR shall provide the CO with regular reports and updates on contractor 442 performance. The COR will serve as the government representative for monitoring, surveillance, 443 evaluating and performing quality assurance activities. 444

The COR responsibilities are contained in the written Letter of Designation from the CO and 445 include the following activities: 446

Inspection of the product, work, supplies, and/or services. 447

Recommendation of acceptance or rejection of the product, work, supplies, and/or services. 448

Assisting the CO in evaluating the contractor's reply to rejection notification. 449

Maintaining and securing a comprehensive project file until the completion of the task order at 450 which point the file will be forwarded to the CO. 451

Ensures that contractor quantity, cost effectiveness, timeliness, and performance is monitored, 452 assessed, recorded, and documented. 453

Establishing and maintaining regular communication with the CO regarding contractor 454 performance including relevant information, reports, and status. 455

3.3 FEMA Storage and Staging Personnel 456

The FEMA Storage and Staging Personnel responsibilities are to inspect units upon receipt and 457 conduct scheduled “FEMA preventative maintenance” inspections. 458

3.4 FEMA Manufactured Home Installation Team 459

The Manufactured Home Installation Team responsibilities are to report to the COR any issues 460 with unit quality that could not be discovered until the unit has power, water and sewer 461 connections. 462

3.5 Contractor 463

The contractor must develop a QCP, subject to CO and COR approval, that sets forth procedures 464 and responsibilities for ensuring high-quality work adequately addressing and supporting the 465 mission requirements, objectives, and schedules in the most cost-efficient manner. The QCP 466 shall indicate the process for ensuring that manufactured home are in compliance with HUD Code. 467

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4. Methods of Surveillance 469

4.1 Identifying the Method of Surveillance 470

The Government will assess the Contractor’s performance using the methods of surveillance 471 identified for each identified task listed in the QAP Matrix. The Government may change time 472 frames and methods of surveillance to measure performance. If one method of surveillance 473 identifies potentially unsatisfactory performance, defects, and/or deficiencies having an impact on 474 the task objectives, the COR may determine if a follow-up analysis or a different method of 475 surveillance is appropriate. 476

4.2 Surveillance Methods 477

The following surveillance methods shall be applied to monitor contractor performance. The 478

COR has the authority to monitor, survey, and evaluate the Contractor’s performance at any time. 479

Surveillance and associated activities will be documented, reviewed by the COR, and entered into 480 the Performance Evaluation Worksheets and Calculator. 481

The COR will perform two essential monitoring functions. One function will focus on 482 monitoring Contractor’s performance regarding the timely execution of the task order and the 483 delivery of the finished product that is completed on schedule. The other function will focus on 484 monitoring the Contractor’s quality control process to ensure the delivery of a high quality 485 product. 486

4.3 100% Inspection 487

When this type of surveillance is used, the COR shall assign a site inspection team to monitor, 488 survey, and evaluate the Contractor’s performance each time the Contractor delivers a unit 489 associated with the task order. 490

This is an inspection method whereby all units of a task order are monitored. This method 491 provides the best indication of Contractor performance and is the most thoroughly documented 492

4.4 Random Inspection 493

When this type of surveillance is used, the COR shall assign a site inspection team to monitor, 494 survey, and evaluate the Contractor’s performance at random when the Contractor delivers a unit 495 associated with the task order. 496

This is an inspection method whereby a select type and number of units of a task order are 497 monitored. 498

4.5 Documents Analysis 499

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The COR shall perform 100 percent inspections of the documents received. If the documents 500 identify any trends, issues, or information that could negatively impact the mission, the Contractor 501 may need to perform additional analysis. This method of surveillance allows the COR to evaluate 502 the outputs or reports through the use of management information systems. When using 503 generated reports that indicate a possible performance or quality concern, the COR will use other 504 methods to confirm quality, quantity, and/or investigate problem areas. 505

4.6 Progress and Status Meetings 506

Progress or status meetings shall be held as required with the Contractor, determined by the COR. 507

These meetings will allow the COR and Contractor the opportunity to review and discuss any and 508 all issues related to the execution of the task order. 509

4.7 Monitoring Techniques 510

Monitoring techniques to be utilized are: 511

Direct observation/inspection 512

Site visits 513

Conducting meetings 514

Onsite visits and other personal observations 515

Phone calls 516

Reviewing Contractor documents 517

Reviewing Contractor requests (material change) 518

Contacting other Government offices 519

Reviewing tracking and management systems 520

5. Implementation of the QAP 521

5.1 Surveillance Intervals (Periods) 522

The COR shall use the Performance Evaluation Worksheets to identify and monitor Contractor 523 performance on an as-needed basis until the work performed under the work order is completed. 524

FEMA requires the Contractor to deliver acceptable and quality work. If the Contractor’s 525 performance does not appear to address the requirement as determined by the COR, the COR has 526 the option to increase the level of surveillance to protect the rights of the Government and maintain 527 the desired performance and quality. More frequent evaluations may be warranted when the work 528 order period of performance is very short, the work order volume or scope of work is considered 529 too risky to the Government, or prior work documentation reflected quality and performance 530 concerns. 531

In Progress Review (IPR) meetings may also be scheduled by the COR to review the Contractor’s 532

QCP and Contractor provided reports and information resulting from the Contractor’s quality 533

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Contractor anticipates a need for an IPR to address concerns they may request that the COR set up 535 a meeting. The request should be a formal request in writing from the Contractor Program 536

Manager (PM). 537

5.2 Performance Criteria 538

Results of surveillance activities or events will be documented using the criteria noted in 539

Appendices 1 and 2 below. Services shall ordinarily not be accepted before completion of 540

Government contract quality assurance actions (FAR Part 46.5). 541

Most task orders awarded under the contract shall be evaluated utilizing task order specific criteria 542 including but not limited to the Manufactured Housing Inspection Checklists. These checklists 543 will be used to record what the COR or inspections team has monitored. All ratings assigned by 544 the COR must be supported with formal documentation and entered in the comments section of the 545 activity checklist. 546

The contract will be analyzed on an annual basis using the criteria outlined in Appendix 2 and the 547 results from each task order evaluation. 548

5.2.1 Ratings 549

5.2.1.1 Outstanding Rating (O) 550

An Outstanding Rating is defined in the matrix below as it relates to the specific Performance 551

Area. 552

5.2.1.2 Excellent Rating (E) 553

An Excellent Rating is defined in the matrix below as it relates to the specific Performance Area. 554

5.2.1.3 Satisfactory Rating (S) 555

A Satisfactory Rating is defined in the matrix below as it relates to the specific Performance Area. 556

5.2.1.4 Marginal Rating (M) 557

A Marginal Rating is defined in the matrix below as it relates to the specific Performance Area. 558

5.2.1.5 Unsatisfactory Rating (U) 559

An Unsatisfactory Rating is defined in the matrix below as it relates to the specific Performance 560

Area. 561

5.3 Rating Determination 562

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Determination of the contractor’s rating for each task order will involve evaluating performance 563 using the applicable QAP Matrix, Performance Evaluation Sheet and Checklist(s). To the extent 564 possible, the Government has made the individual criteria as quantitative as possible to reduce the 565 level of subjectivity in the evaluation process. 566

The COR shall assign a rating for each area in accordance with the performance standards and 567 metrics identified in the applicable QAP Matrix. The COR shall closely review the performance, 568 surveillance data and other available information to make a determination of the rating for the 569 period. The COR will document any impacts, negative or positive on performance of the primary 570 contractor which includes the subcontractors. The Government is also aware that work orders 571 may require substantial coordination efforts with County, City, State, and Federal agencies and 572 personnel. Wherever possible, the COR will note mitigating circumstances that are outside the 573 contractor’s control when making evaluations. 574

Where applicable, the COR will use a specific quality assurance checklist and/or worksheet to 575 monitor contractor performance of associated requirements. During a performance period, 576 multiple checklists may be used to document findings and these will form the basis of the rating 577 the contractor will receive. 578

5.4 Surveillance Outcomes 579

The results of surveillance activities will be documented using the Performance Evaluation 580

Worksheets to determine the contractor’s performance. 581

5.5 Response to Surveillance Outcomes 582

5.5.1 Contractor Notification of Surveillance Outcomes 583

The COR will inform the contractor of potentially unsatisfactory performance by issuing a 584

Discrepancy Report, (Appendix 4) as soon as the discrepancy is noted and request the contractor’s 585 initials and date on the Task Order Discrepancy Report form. By initialing and dating the form, 586 the contractor is acknowledging that they have been notified of the potential discrepancy. The 587 representative is not agreeing or disagreeing with the discrepancy report but acknowledging 588 receipt of the form. 589

If the contractor disputes the results of the evaluation, the COR shall arrange for a meeting with the 590

CO, in person or by telephone conference to attempt to resolve the matter. The COR shall 591 provide the form and written narrative to substantiate the findings to the CO. 592

5.5.2 Nonconforming Outcomes 593

When nonconforming supplies or services are identified, the CO shall give the Contractor an 594 opportunity to correct or replace the nonconforming supplies or services when this can be 595 accomplished within the required delivery schedule, see Appendix # 2 – Contract Performance 596

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Requirement QAP Matrix, CPA #4. FEMA will provide the time for repairs to the contractor 597 based on the quantity of units that require repair, the complexity of the repair and the…