HSFE70-14-R-0005_Solicitation.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)

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HSFE70-14-R-0005

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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

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X 2

X 12

X 1

X 3

X 12

X 7

X 1

X 19

X 1

X 27

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Federal Emergency Management Agency/FFC

P.O. Box 9001

Winchester, VA 22604

Armetia Cato

Contracting Officer

This Page Intentionally Left Blank 23

HSFE70-14-R-0005 Section TOC

TOC-1

Table of Contents 31

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS .................................................................. 1 32

B.1 PRICE/COST SCHEDULE ................................................................................................................... 1 33

B.2 MINIMUM AND MAXIMUM ORDERING LIMITATION ............................................................... 1 34

B.4 ITEMS TO BE ACQUIRED .................................................................................................................. 1 35

B.5 CONSIDERATION and PAYMENT -- FIXED-PRICE ....................................................................... 2 36

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ......................................... 1 37

C.1 BACKGROUND .................................................................................................................................... 1 38

C.2 GENERAL REQUIREMENTS ............................................................................................................. 1 39

C.3 CERTIFICATION .................................................................................................................................. 4 40

C.4 DESIGN/MATERIAL CHANGES/VARIANCES ................................................................................ 4 41

C.5 FIRST ARTICLES ................................................................................................................................. 6 42

C.6 MHU PRODUCTION ............................................................................................................................ 7 43

C.7 COMMUNICATION ............................................................................................................................. 8 44

C.8 QUALITY .............................................................................................................................................. 8 45

C.9 REFERENCES ....................................................................................................................................... 8 46

SECTION D - PACKAGING AND MARKING ............................................................................................... 1 47

D.1 FINAL PACKAGE REQUIREMENTS ................................................................................................ 1 48

SECTION E - INSPECTION AND ACCEPTANCE ....................................................................................... 1 49

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY 50

REFERENCE ...................................................................................................................................... 1 51

E.2 INSPECTION AND ACCEPTANCE ................................................................................................ 1 52

E.3 QUALITY CONTROL PLAN ........................................................................................................... 2 53

E.4 FEMA QUALITY ASSURANCE PLAN .......................................................................................... 3 54

SECTION F - DELIVERIES OR PERFORMANCE ....................................................................................... 1 55

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY 56

REFERENCE ...................................................................................................................................... 1 57

F.2 PERIOD OF PERFORMANCE ............................................................................................................. 1 58

TOC-2

F.3 PRINCIPAL PLACE OF PERFORMANCE ......................................................................................... 1 59

F.4 MHU DELIVERY .................................................................................................................................. 1 60

F.5 SUMMARY AND OVERVIEW ............................................................................................................ 2 61

F.6 IMPORTANT DETAILS ....................................................................................................................... 2 62

F.6.3 DELIVERABLES AND REQUIRED REPORTS TABLE ........................................................ 4 63

SECTION G - CONTRACT ADMINISTRATION DATA .............................................................................. 1 64

G.3 CORRESPONDENCE PROCEDURES ................................................................................................ 1 65

G.4 GOVERNMENT CONTACTS FOR POST AWARD ADMINISTRATION ...................................... 2 66

G.6 DELIVERY ORDER PROCEDURES .................................................................................................. 4 67

G.7 REMITTANCE ADDRESS ................................................................................................................... 6 68

G.8 TECHNICAL DIRECTION .................................................................................................................. 6 69

G.9 MODIFICATION AUTHORITY .......................................................................................................... 7 70

H.1 CONTRACTOR COMMITMENTS, WARRANTIES, 71

REPRESENTATIONS ........................................................................................................................ 1 72

H.2 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE ......................................... 1 73

PART II - CONTRACT CLAUSES ................................................................................................................... 1 74

SECTION I - CONTRACT CLAUSES.............................................................................................................. 1 75

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY 76

REFERENCE ...................................................................................................................................... 1 77

I.2 52.216-18 ORDERING (OCT 1995) ....................................................................................................... 2 78

I.3 52.216-22 INDEFINITE QUANTITY (OCT 1995) ............................................................................... 2 79

I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 80

2000) ................................................................................................................................................... 2 81

I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .............................................. 3 82

I.6 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ............................................ 3 83

I.7 52.209-4 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 84

1989), ALTERNATE I (JAN 1997) .................................................................................................... 4 85

I.8 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL 86

ITEMS (MAY 2014) ........................................................................................................................... 5 87

TOC-3

I.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO 88

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL 89

ITEMS (MAY 2014) ......................................................................................................................... 14 90

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS 91

COMMERCIAL ITEMS (MAY 2014) ............................................................................................. 21 92

I.12 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS 93

APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS 94

(SEP 2012) ........................................................................................................................................ 26 95

I.13 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH 96

CORPORATE EXPATRIATES (JUN 2006) ................................................................................... 26 97

I.14 HSAR 3052.215-70 - KEY PERSONNEL OR FACILITIES (DEC 2003) ........................................ 29 98

I.15 HSAR 3052.225-70 --REQUIREMENT FOR USE OF CERTAIN 99

DOMESTIC COMMODITIES (AUG 2009) .................................................................................... 29 100

(End of Addendum) .................................................................................................................................... 30 101

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER 102

ATTACHMENTS....................................................................................................................................... 1 103

J.1 LIST OF ATTACHMENTS (SECTION J) ............................................................................................. 1 104

PART IV - REPRESENTATIONS AND INSTRUCTIONS ............................................................................ 1 105

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER 106

STATEMENTS OF OFFERORS ............................................................................................................. 1 107

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY 108

REFERENCE ...................................................................................................................................... 1 109

K.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- 110

COMMERCIAL ITEMS (MAY 2014) ............................................................................................... 1 111

K.3 3052.209-7 Information Regarding Responsibility Matters (Jul 2013) ............................................... 21 112

K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) .................................................................... 22 113

K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 114

2012) ................................................................................................................................................. 22 115

K.6 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD 116

LABOR LAW LISTED END PRODUCTS (FEB 2001) ................................................................. 26 117

K.7 52.225-18 PLACE OF MANUFACTURE (SEP 2006)..................................................................... 26 118

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO 119

OFFERORS ................................................................................................................................................ 1 120

TOC-4

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY 121

REFERENCE ...................................................................................................................................... 1 122

L.2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 123

2014) ................................................................................................................................................... 1 124

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO 125

OFFERORS--COMMERCIAL ITEMS .............................................................................................. 6 126

L.3 52.216-1 TYPE OF CONTRACT (APR 1984) ...................................................................................... 6 127

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006) .................................................................................... 6 128

L.5 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS ............................................... 7 129

L.6 DELIVERY ORDER OMBUDSMAN (Post-Award).......................................................................... 10 130

L.7 NUMBER OF CONTRACT AWARDS AND IDENTIFICATION OF 131

CONTRACT AWARDS RESERVED FOR SMALL BUSINESS 132

CONCERNS ..................................................................................................................................... 11 133

L.8 PROPOSAL SUBMISSION ................................................................................................................ 11 134

L.8.1 ADMINISTRATIVE REQUIREMENTS: ........................................................................................ 11 135

L.8.2 SUBSTANTIVE REQUIREMENTS FOR EACH VOLUME ......................................................... 14 136

L.8.3 PROPOSAL DELIVERY INSTRUCTIONS .................................................................................... 25 137

L.8.4 COMMUNICATION ........................................................................................................................ 26 138

SECTION M - EVALUATION FACTORS FOR AWARD............................................................................. 1 139

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY 140

REFERENCE ...................................................................................................................................... 1 141

M.2 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) ...................................................... 1 142

ADDENDUM TO FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS ........................................... 2 143

M.3 BEST VALUE DETERMINATION ..................................................................................................... 8 144

HSFE70-14-R-0005 Section B

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 147

B.1 PRICE/COST SCHEDULE 148

See Section J: Attachment 1 (Pricing) 149

B.2 MINIMUM AND MAXIMUM ORDERING LIMITATION 150

The guaranteed minimum order for the life of the contract is 20 units. Issuance of a single order or 151 a series of orders having a cumulative value equal to or greater than the minimum guarantee 152 satisfies the guarantee. The exercise of an option does not re-establish, or result in an increase to, 153 the contract minimum guarantee or contract lifetime ceiling. The contract maximum is $517 154

Million for the base year and all option periods, if options are exercised. The contract maximum 155 is not a contractual guarantee. 156

B.3 52.216-19 ORDER LIMITATIONS (OCT 1995) 157

(a) Minimum order. When the Government requires supplies or services covered by this contract 159 in an amount of less than 20 of any combination of types of Manufactured Housing Units, the 160

Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies 161 or services under the contract. 162

(b) Maximum order. The Contractor is not obligated to honor-- 163

(1) Any order for a single item in excess of 6000 (2500 - Small Business) of any combination 164 of types of Manufactured Housing Units; 165

(2) Any order for a combination of items in excess of 6000 (2500 - Small Business) of any 166 combination of types of Manufactured Housing Units; or 167

(3) A series of orders from the same ordering office within 30 days that together call for 168 quantities exceeding the limitation in subparagraph (1) or (2) of this section. 169

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 170

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order 171 a part of any one requirement from the Contractor if that requirement exceeds the maximum-order 172 limitations in paragraph (b) of this section. 173

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order 174 exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned 175 to the ordering office within 2 days after issuance, with written notice stating the Contractor's 176 intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the 177

Government may acquire the supplies or services from another source. 178

B.4 ITEMS TO BE ACQUIRED 180

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services 181

(except as may be expressly set forth in this contract and delivery orders as furnished by the 182

Government) and otherwise do all things necessary to, or incident to, performing and providing the 183 items as required by the contract. 184

HSFE70-14-R-0005 Section B

B-2

B.5 CONSIDERATION and PAYMENT -- FIXED-PRICE 186

(a) Total payment(s) will be made upon the satisfactory completion and Government acceptance 187 of all requirements under the contract. 188

(b) Supplies may be ordered at any time during the effective period of performance. Delivery 189 orders will be issued in accordance with the Section G.5; clause entitled "Delivery order 190

Procedures." The aggregate dollar amount/quantities of all delivery order funding obligations 191 shall not exceed the maximum order of this contract as specified in the Section B.2 "Maximum and 192

Minimum Ordering Limitation". 193

END OF SECTION B 194

HSFE70-14-R-0005 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 197

Statement of Work 198

Manufactured Housing Units 199

Department of Homeland Security (DHS) 200

Federal Emergency Management Agency (FEMA) 201

C.1 BACKGROUND 203

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended and related 204 authorities, as of April 2013 authorizes the Federal Emergency Management Agency (FEMA) to 205 provide temporary housing units, acquired by purchase or lease, directly to individuals or 206 households who, because a lack of available housing would be unable to make use of financial 207 assistance. The Stafford Act also describes the decision criteria for determining which types of 208 assistance will be provided; Stafford Act, Section (408)(b)(2)(B). Considerations include cost 209 effectiveness, convenience to the individuals and households, and other factors the President may 210 deem appropriate. 211

One of the temporary housing methods that FEMA exercises is providing Manufactured Housing 212

Units (MHUs). MHUs are constructed to meet the Housing and Urban Development (HUD) 213 standards as set forth in 24 CFR 3280 (Manufactured Home Construction Safety Standards, et. 214 seq.). FEMA may refer to 24 CFR 3280 et. seq. as “HUD Code” as part of this solicitation. 215

In order to meet this mission requirement, FEMA procures and stores MHUs at Manufactured 216

Housing Storage Sites (MHSS), delivers MHUs from storage to disaster field operations and 217 places orders for direct delivery to field disaster operations. To meet the needs of disaster 218 survivors, FEMA procures the following types of units: Express one (1) bedroom, one (1) 219 bedroom, two (2) bedrooms, and three (3) bedrooms. 220

Additionally, FEMA procures MHUs to support disaster survivors with access and functional 221 needs. Manufactured housing built to meet this requirement must be built in accordance to 222

Architectural Barriers Act (ABA), 42 U.S.C. 4151-4157. The current construction requirements 223 for the ABA are the Uniform Federal Accessibility Standards (UFAS 1984). 224

C.2 GENERAL REQUIREMENTS 225

MHU Units 226

The contractor shall provide all labor and material to produce and deliver to FEMA the following 227 types of MHU’s manufactured in accordance with 24 CFR 3280, the Statement of Work (SOW) in 228

C-2

Section C, and the FEMA Rugged Base Performance Requirements, Version BB (Section 229

J:Attachment 2) included in the contract. 230

Note: In the Rugged Base Performance Requirements there are series of numbered shalls (“Shall (#)”). 232

For each numbered shall (“Shall (#)”), the Offeror must complete and submit the Rugged Based 233

Requirements Matrix (Section J: Attachment 3) to demonstrate compliance. 234

Types of MHUs: 235

Express One Bedroom MHU Standard “FEMA” Southern 236

Express One Bedroom MHU Standard “FEMA” Northern 237

Express One Bedroom MHU UFAS “FEMA” Southern 238

Express One Bedroom MHU UFAS “FEMA” Northern 239

Express One Bedroom MHU Standard “FEMA” CONUS 240

Express One Bedroom MHU UFAS “FEMA” CONUS 241

One Bedroom MHU Standard “FEMA” Southern 242

One Bedroom MHU Standard “FEMA” Northern 243

One Bedroom MHU UFAS “FEMA” Southern 244

One Bedroom MHU UFAS “FEMA” Northern 245

One Bedroom MHU Standard “FEMA” CONUS 246

One Bedroom MHU UFAS “FEMA” CONUS 247

Two Bedroom Standard MHU “FEMA” Southern 248

Two Bedroom Standard MHU “FEMA” Northern 249

Two Bedroom UFAS MHU “FEMA” Southern 250

Two Bedroom UFAS MHU “FEMA” Northern 251

Two Bedroom MHU Standard “FEMA” CONUS 252

Two Bedroom MHU UFAS “FEMA” CONUS 253

Three Bedroom Standard MHU “FEMA” Southern 254

Three Bedroom Standard MHU “FEMA” Northern 255

Three Bedroom UFAS MHU “FEMA” Southern 256

Three Bedroom UFAS MHU “FEMA” Northern 257

Three Bedroom MHU Standard “FEMA” CONUS 258

Three Bedroom MHU UFAS “FEMA” CONUS 259

The contractor shall include a ¾ bathroom in all three (3) bedroom units (both UFAS and 260 non-UFAS). 261

CONUS units are units that can be deployed to any location in the contiguous United States 262 meaning any area in the continental United States not including Alaska. If the Offeror elects to 263

C-3 design and propose CONUS units, the Offeror is not required to submit and propose designs in 264 the proposal for the Northern and Southern variation. For Proposal instructions refer to 265

Section L. 266

FEMA requires a UFAS/non-UFAS configuration for each unit type: 3 bedroom, 2 bedroom, 1 267 bedroom and Express 1 bedroom, regardless of the thermal zone rating ([Northern/ Southern] or 268

CONUS.) Note: FEMA’s inventory requires that MHUs are able to be installed anywhere in CONUS. 269

The inventory can consist of either both northern and southern units or CONUS units. When proposing for 270 this solicitation an Offeror may submit proposals for either Northern/Southern thermal zone MHUs or for 271

MHUs that have CONUS thermal ratings. The Offeror does not have to propose all three types of MHUs. 272

A) All MHU’s shall accommodate daily living essentials (e.g. cooking, sleeping, security, 273 sanitation). 274

B) All MHU shall be delivered to FEMA is a condition that is safe, free from defects as well as 276 free from hazards including sharp edges. 277

C) All MHU’s shall be built to last at a minimum for 5 years in storage and 18 months of 279 occupancy. The 5 years and 18 months period start after FEMA acceptance. 280

D) The contractor shall ensure that all MHUs are built to meet the definition of Fit and Finish 281 below: 282

Fit 283

Fit is defined as how well the workmanship is, and how the workmanship affects the functionality 284 of a product or its components. Fit deficiencies include: defects in materials or workmanship that 285 materially or visually affect the functionality or appearance of a feature, product, or component of a 286 dwelling, in whole, or in part. A bad fit includes: a fit is either too loose (e.g., gap, play, flex, rattle, 287 etc.) or too tight (e.g., hard to operate, scratches caused by rubbing, etc.) 288

Finish 289

Finish is defined as the completeness of the work in the intended manner. 290

Finish deficiencies include: visible scuffs, scratches, smudges, chips, stained surfaces, or finishes, 291 but, does not include minor imperfections of finishes (natural or synthetic) that do not materially 292 detract from the appearance of the finish as a whole, or whose existence remains a matter of 293 subjective judgment only. Poor finish includes: visible surface imperfections, burrs, spots, etc. 294

Fit and Finish Inspection Evaluation 295

FEMA will utilize “The Residential Construction Performance Guidelines, version 4,” 297 which is published by the National Association of Home Builders (Available for purchase 298

C-4 from National Association of Home Builders) as the basis for the parameters to conduct 299 evaluations for Fit and Finish inspections. 300

Performance standards, tolerances or guidelines, including those applicable to the “fit and 302 finish” of cabinets, flooring, interior and exterior walls, countertops, paint finishes, and 303 trim will be used. 304

If no specific standard, tolerance or guideline is contained in any of the contract 305 documents, generally accepted building practices and standards shall apply. 306

Quality “Fit and Finish” applies to both the exterior and interior. 307

E) The contractor shall use the most stringent requirements when building MHUs for FEMA. 308

This shall include voluntary standards developed by industry, manufacturer’s instructions and 309 regulations. 310

F) All materials and components used in the production of the MHU’s under this contract shall be 311 new. 312

C.3 CERTIFICATION 313

The contractor shall maintain, and have available for FEMA inspection, HUD Certification, as 314 evidenced by a Certification Report prepared by a Design Approval Primary Inspection Agency 315

(DAPIA) for manufactured homes built by each manufacturing facility used for production under 316 this contract. 317

Additionally, the contractor shall maintain and have available an approved MHU design issued by 318 a Design Approval Primary Inspection Agency (DAPIA) (including any production changes). 319

These DAPIA certified MHU designs shall be submitted to FEMA as part of the Offeror proposal 320 as described in Section L. In addition, the contractor shall submit a revised certified design 321 whenever a modification of structural design occurs. 322

Approved DAPIA certifications shall be available for FEMA inspection at each manufacturing 323 facility. 324

Manufacturing facilities shall maintain an In-House Primary Inspection Agency (IPIA) 325 certification to make sure the construction standards comply with the HUD Code 326

Alternative construction shall be in accordance with 24 CFR 3282.14 (alternative construction of 327 manufactured homes). 328

C.4 DESIGN/MATERIAL CHANGES/VARIANCES 329

During the performance of this contract, the contractor shall obtain Government acceptance and 330 approval from the contracting officer if the contractor wants to change/vary the design or any 331

C-5 materials or otherwise vary from the FEMA Rugged Base Performance Requirements and/or the 332 contractor’s proposed response to the solicitation. 333

The following protocol shall be observed for all requests for changes/variance. FEMA will not 334 accept or approve any requests that do not include the documentation described below. 335

Additionally, requirements deemed to negatively impact unit performance, or that may adversely 336 affect occupant safety, will not be approved. 337

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. Provide a chart that shows the original proposed production/delivery schedule along with the new proposed production/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.

C-6

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.

Changes and modifications are not considered to have final approval if a HUD Alternative Construction 339

Letter is required. Only after HUD grants an Alternative Construction Letter can the change be accepted 340 or approved. 341

C.5 FIRST ARTICLES 342

The contractor shall complete first article units (one of each unit type requested by FEMA) and 343 have them ready for the Government for first article inspection at the test facility (contractor site). 344

Refer to Section E.2 for additional details. 345

Note: FEMA requires either Northern and Southern MHUs OR CONUS MHU’s as deliverables 346 under this contract. If a Contractor proposes Northern and Southern MHUs then the Contractor 347 shall produce one (1) of each (Northern and Southern) of each individual MHU type for the initial 348 first article inspection. If a Contractor proposes CONUS MHUs then the Contractor shall produce 349 one (1) CONUS unit of each individual MHU type for the initial first article inspection. 350

If Northern/Southern MHUs are proposed, the required MHUs for first article inspection are: 351

Unit Size UFAS/Non UFAS (Standard) Thermal Zone

Express One Bedroom Standard “FEMA” Southern

Express One Bedroom Standard “FEMA” Northern

Express One Bedroom UFAS “FEMA” Southern

Express One Bedroom UFAS “FEMA” Northern

One Bedroom Standard “FEMA” Southern

One Bedroom Standard “FEMA” Northern

One Bedroom UFAS “FEMA” Southern

One Bedroom UFAS “FEMA” Northern

Two Bedroom Standard “FEMA” Southern

Two Bedroom Standard “FEMA” Northern

Two Bedroom UFAS “FEMA” Southern

Two Bedroom UFAS “FEMA” Northern

Three Bedroom Standard “FEMA” Southern

Three Bedroom Standard “FEMA” Northern

Three Bedroom UFAS “FEMA” Southern

Three Bedroom UFAS “FEMA” Northern

If CONUS MHUs are proposed, the required MHUs for first article inspection are: 353

C-7

Unit Size UFAS/Non UFAS (Standard) Thermal Zone

Express One Bedroom Standard “FEMA” CONUS

Express One Bedroom UFAS “FEMA” CONUS

One Bedroom Standard “FEMA” CONUS

One Bedroom UFAS “FEMA” CONUS

Two Bedroom Standard “FEMA” CONUS

Two Bedroom UFAS “FEMA” CONUS

Three Bedroom Standard “FEMA” CONUS

Three Bedroom UFAS “FEMA” CONUS

Inspection: The characteristics that the first article shall meet are specified in Section E.2 355

Delivery: The Contractor shall provide first Article units (one of each unit type requested by 356

FEMA) as defined in Section E.2. 357

C.6 MHU PRODUCTION 358

The contractor shall adhere to the production as defined in the solicitation and any delivery order. 359

FEMA will award Indefinite Delivery, Indefinite Quantity (IDIQ) contracts to one or more 360 contractors and issue delivery orders for specific requirements. While these requirements will 361 vary, the contractor or contractors shall maintain a minimum production capacity sufficient to 362 produce and ship the following units: 363

1) Production Capacity requirement: Other than Small Business 364

The minimum production rate shall be 150 MHUs (combined rate) per week. Combined rate 365 means that the contractor can produce, ship and deliver different types of units where the total 366 adds up to 150 units weekly. 367

Examples of combined rate: 368

(125) Express units, (20) 2 bedroom units, and (5) 3 Bedroom units = 150 (Total/week) 369

(25) Express units, (25) 2 bedroom units, and (100) 3 Bedroom units = 150 (Total/week) 370

(150) Express 1 bedroom units (Total/week) 371

(150) 1 Bedroom units (Total/week) 372

(150) Three (3) bedroom units (Total/week) 373

The contractor will have four (4) weeks to ramp up to full minimum production rate. 374

Note: For simplicity, in the examples above FEMA is excluding the unit variances: 1) UFAS or 375

Non UFAS 2) Northern/Southern or 3) CONUS 376

2) Production Capacity requirement: “Small Business” 377

C-8

The minimum production rate will be 60 MHUs (combined rate) per week. Combined rate 378 means that the contractor can produce and ship different types of units where the total adds up to 379

60 units. 380

Examples of combined rate: 381

(25) Express units, (25) 2 bedroom units, and (10) 3 bedroom units = 60 (Total/week) 382

(20) Express units, (20) 2 bedroom units, and (20) 3 bedroom units = 60 (Total/week) 383

(60) Express units (Total/week) 384

(60) 1 Bedroom units (Total/week) 385

(60) Two (2) bedroom units (Total/week) 386

The contractor will have four (4) weeks to ramp up to full minimum production rate. 387

Note: For simplicity, in the examples above FEMA is excluding the unit variances: 1) UFAS or 388

Non UFAS 2) Northern/Southern or 3) CONUS 389

Production begins 4 weeks after a delivery order is issued. If the delivery order requires first article 390 testing, the contractor shall not begin production of any units beyond the first article test units until 391 after FEMA has accepted the first article unit or units. If there is no first article testing then the 392 vendor shall begin full scale production after the 4 week ramp up time. 393

C.7 COMMUNICATION 394

The contractor shall be responsible for establishing communication with all parties (FEMA, 395 subcontractors, manufacturers, etc.) involved in this solicitation and follow protocols of 396 communication as specified in this solicitation. The Contractor will be FEMA’s point of contract 397

(POC) for all warranties. 398

C.8 QUALITY 399

The contractor shall establish a Quality Control Program and shall develop Quality Control Plans. 400

(Refer to Section E.4) 401

C.9 REFERENCES 402

See Reference Table (Attachment 20) 403

C.10 WARRANTY REPAIRS IN THE FIELD 405

(a) Purpose. In order to ensure that FEMA is able to provide housing to disaster survivors with 406 minimal delay, FEMA will implement a field warranty repair process, “Warranty Repairs in the 407

Field” as part of this contract. Warranty Repairs in the Field is a warranty and repair process for 408

Attachment 12 items that are discovered to require correction after the MHU is installed and 409 powered up. In order to accommodate the short timeframes necessary to provide housing to 410

C-9 disaster survivors, after units are installed, powered up and inspected, FEMA will generally 411 require the Installation Contractor, instead of the MHU Contractor, to perform any 412 repair/replacement necessary to make the unit Ready for Occupancy (RFO). The MHU Contractor 413 will be required to reimburse FEMA for all Warranty Repairs in the Field at the rates set in 414

Attachment 12 or, in the event of a trend, in an amount to be determined. 415

(b) Definitions. As used in this section: 416

Ready for Occupancy (RFO): The Ready for Occupancy inspection is performed after the unit is 417 installed, connected to utilities and powered up in the Field to house a disaster survivor. In this 418 inspection performed by FEMA or designated representative, the inspection verifies that the MHU 419 and its components (i.e. HVAC, Thermostats, Appliances) are in working order. When a unit 420 successfully passes the inspection, the unit is declared RFO. 421

Attachment 12 Items: Items that have historically required correction after installation and the 422

MHU is powered up but that are not discoverable when the MHU is accepted. 423

(c) Term: MHUs shall have a warranty of 5 years from FEMA acceptance or the MHU is RFO, 424 whichever comes first, for all items that are contained on the Warranty Repairs in the Field list 425

(Attachment 12). 426

(d) Authorization and Notification: Any repairs or replacement under this process must be 427 authorized by the COR. After an authorized repair/replacement by an installation contractor 428

FEMA will receive an invoice in the amount determined in Attachment 12 for each applicable item 429 from the installation contractor accompanied by supporting documentation. After a repair or 430 replacement falling under the Warranty for Repairs in the Field is completed, FEMA will notify 431 the MHU Contractor of the Warranty Repair in the Field action and issue an invoice once every 30 432 days requesting reimbursement to the Agency for the costs incurred. 433

(e) Remedies available to the Government. 434

(1) The rights and remedies of the Government provided below -- 436

(i) Shall not be affected in any way by any terms or conditions of this contract 438 concerning the conclusiveness of inspection and acceptance; and 439

(ii) Are in addition to, and do not limit, any rights afforded to the Government by 441 any other clause of this contract. 442

(2) For each authorized and completed Warranty Repair in the Field action the MHU 444 contractor will reimburse FEMA at the rate set in Attachment 12. Invoices provided to the 445

MHU contractor will specify the “FEMA Unit Designated number” and “Manufactured 446

Home Serial Number” (See Attachment 19) of the affected MHU(s). Note: FEMA will 447

C-10 only be required to present an invoice to the contractor as proof that a repair or replacement 448 was required and carried out. 449

(i) Attachment 12 may be updated or revised by modification of the contract. 450

(3) In the event that a trend of repairs or replacements falling under the Warranty for 451

Repairs in the Field develops (such as a repeating Attachment 12 issues in more than 20% 452 of the MHUs from a specific manufacturer) the following procedures shall apply: 453

(i) FEMA will notify the MHU contractor within 30 days of the identification of a 454 trend. After notification of a trend, the Contractor will be entitled to elect to resolve 455 the trend at no cost to the Government or to reimburse FEMA for resolution of the 456 trend at a negotiated rate. All the MHU’s in FEMA’s inventory, in production, or 457 awaiting acceptance will be inspected for the needed correction and either cleared 458 or corrected. 459

(A) If electing to resolve the trend the Contractor shall have three (3) 460 calendar days to have a representative at the FEMA location specified by 461 the Contracting Officer: either the (FEMA Storage [Cumberland or 462

Selma]), FEMA staging (location within a disaster recovery/response 463 operating area) or an MHU installation location to investigate the issue. The 464 contractor shall submit to the Contracting Officer a written 465 recommendation within five (5) calendar days after investigation of the 466 issue as to the corrective action required. Corrective action plans are subject 467 to CO approval. 468

(4) All repairs shall result in permanent remediation. 470

(5) Repairs/Replacements carried out as a Warranty Repair in the Field do not void or limit 471 the contractor’s warranty or other responsibilities under the terms of this contract. 472

END OF SECTION C 474

HSFE70-14-R-0005 Section D

D-1

SECTION D - PACKAGING AND MARKING 476

D.1 FINAL PACKAGE REQUIREMENTS 477

Each manufactured home shall be fit with a HUD Label/Tag as required by 24 CFR 3280. 478

If FEMA exercises the shrink wrap option, the contractor shall shrink wrap the specific unit(s) 479 prior to delivery to the indicated location. 480

The contractor shall provide a list of all appliances which shall contain the VIN, manufacturer, 481 model, and whether the appliance is energy star rated (for applicable appliances) for all appliances 482 that are included in the manufactured home. Additionally, the list shall contain any information 483 that is not in accordance with 24 CFR 3280 and/or FEMA Rugged Base Requirements. 484

Each manufactured home shall include a parts and supplies listing as well as a Unit Data Placard as 485 described in the requirement. 486

See: RUGGED BASE PERFORMANCE REQUIREMENTS – ATTACHMENT 2 487

END OF SECTION D 489

HSFE70-14-R-0005 Section E

E-1

SECTION E - INSPECTION AND ACCEPTANCE 492

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 493

The following contract clauses pertinent to this section are hereby incorporated by reference (by 494

Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES 495

INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an 496 internet address for electronic access to the full text of a clause. 497

NUMBER TITLE DATE

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

E.2 INSPECTION AND ACCEPTANCE 499

FEMA will, at its discretion, inspect some or all of the MHUs delivered under this contract and/or 500 delivery orders, either at the contractor’s facility or upon delivery, or both. The inspection will 501 consist of a review of visible items at any time during the manufacturing process. FEMA will 502 require inspection of all utility systems and appliances, after full power up of the MHU at the 503 contractor’s facility, at the contractor’s expense for First Article testing. 504

If for any reason after First Article Testing, FEMA requires additional inspection of all utility 505 systems and appliances, after full power up of the MHU at the contractor’s facility FEMA will 506 request this test and FEMA will provide payment for the negotiated price as agreed between the 507 contractor and FEMA. 508

Payment will occur under CLIN#0042 509

E.2.1 INSPECTION AT DELIVERY LOCATION (ACCEPTANCE) 510

The contractor shall deliver units in Ready for Deployment (RFD) condition to a specified 511 location. Acceptance into the FEMA inventory is not when the MHU arrives at a FEMA 512 locations, it is when the MHU is accepted by FEMA as meeting the terms and conditions of the 513 contract, the MHU is given a FEMA bar code, and FEMA enters the MHU into FEMA’s property 514 system of record. 515

For inspections at the delivery location, the Manufactured Home Inspection Checklist (Section J: 516

Attachment 5) will be used. FEMA reserves the right to modify the checklist as the agency 517 determines necessary. Acceptance using the checklist does not remove the contractor’s 518 responsibility for latent defects or other warranty items. The contractor must provide FEMA with a 519 copy of all shipping documents including but not limited to the Bill of Lading, and Manufacturer 520

(MFG) shipment sheet (Section J: Attachment 6) . During the delivery process FEMA will inspect 521 the manufactured homes based on the current version of the Manufactured Home Inspection 522

E-2

Checklist. If deficiencies are found during the first (1 st ) inspection the contractor shall remove the 523 unit from FEMA site to make necessary repair(s). The contractor will be allotted one (1) business 524 day from the time of notification to repair deficiencies and deliver the same Unit to FEMA (for the 525

2nd inspection) or FEMA may elect to reject the unit. If the manufactured home delivered for 2nd 526 inspection fails, FEMA will reject the unit and require the contractor to provide a new unit with a 527 different serial number/ HUD Certification label number at no cost to the government. Rejected 528 units will not be accepted into FEMA inventory. 529

E.2.2 FIRST ARTICLE INSPECTION 530

If FEMA notifies the manufacturer that FEMA will be conducting first article inspection (See 531

52.209-4 First Article Approval - Government Testing, Alt I) the manufacturer shall notify FEMA 532 fifteen (15) days prior to the completion of the first unit. FEMA will have a three (3) day window 533 from the date provided by the manufacturer to conduct first article inspection. First article 534 inspection does not relieve the manufacturer of any other type of inspection described in the 535 solicitation and the FEMA Rugged Base Performance Requirements. For the First Article 536

Inspection, FEMA will use the Manufactured Home First Article Inspection Checklist (Section J: 537

Attachment 4). FEMA will require a full power up to perform the First Article Inspection; the first 538 article inspection shall be conducted in a non-controlled climate where the performance of the 539 units against weather conditions can be evaluated. 540

E.3 QUALITY CONTROL PLAN 541

The contractor shall have a quality control plan (QCP) which describes in detail how the 542 manufacturer will assure high quality in its building process while meeting the delivery schedule. 543

The plan shall also state how the contractor will verify that the homes are built to the HUD Code 544 and the terms and conditions of this contract. The plan shall describe the manufacturer's quality 545 assurance program, and contain a chart of the organization showing, by position, all personnel 546 accountable for quality assurance, a list of tests and test equipment required, a station-by-station 547 description of the manufacturing process, a list of inspections required at each station, and a list by 548 title of personnel in the manufacturer's organization to be held responsible for each inspection. 549

This plan shall include the quality control processes relevant to any subcontractors or other 550 partners, and how these partners will be managed and integrated into the overall quality control 551 plan to ensure a comprehensive quality program to ensure the integrity of all manufacturing and 552 quality processes. This plan must be provided as part of the contractor’s proposal as described in 553 section L. 554

The contractor shall develop, provide and submit an appropriate, completed and signed Quality 555

Control Form (Refer to Section F.5.3 #17) with each unit. The Quality Control Form shall be 556 provided as part of the proposal so FEMA can evaluate the QCP form and provide to the contractor 557

(awardees) comments of its adequacy. 558

E-3

E.4 FEMA QUALITY ASSURANCE PLAN 559

See Attachment 16 560

(END OF SECTION E)562

HSFE70-14-R-0005 Section F

F-1

SECTION F - DELIVERIES OR PERFORMANCE 563

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 564

The following contract clauses pertinent to…