Amendment 0003 Attachment 12 TOPR LogHOUSE II DR-XXXX-Some State 04-21-2025.pdf

This Task Order Proposal Request (TOPR) is for bidding purposes only for the LogHOUSE II RFP 70FB8025R00000001 Phase II Oral Presentation

Task Order Proposal Request (TOPR) 70FBR425R00000XXX

DR-XXXX-Some State

04-21-2025

The Federal Emergency Management Agency (FEMA) requests your response to this Task Order Proposal Request (TOPR), for DR-XXXX-SomeState. This TOPR is being issued under the fair opportunity process for services awarded under the base Indefinite-Delivery Indefinite- Quantity (IDIQ) contracts, for multiple awardees for the Log HOUSE II contracts, in accordance with Section G.9, Ordering Placement Procedures of those contracts. The services sought from this TOPR include Hauling and Installing (H&I) and Maintenance and Deactivation (M&D) services, construction for Commercial Park Expansion, construction for Group Sites, Maintenance for Group Sites, and construction and operation of Staging Yards in accordance with the attached Performance Work Statement (PWS) and referenced Performance Work Statements of the base contracts.

The Government intends to issue a fixed price type task order(s) resulting from this TOPR to one (1) or more of the IDIQ contract holders.

Please be advised, funds are not presently available for this task order. The Government’s obligation under this request is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this task order and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

The NAICS code is 236220 - Commercial and Institutional Building Construction. The period of performance, including options, will not exceed 24 months. The task order includes a three-month base period from date of award for haul and install and related work for up to 175 Transportable Temporary Housing Units (TTHU) and eight (8) types of options for up to an additional 425 TTHUs and 21 months as described in Section 2 of the TOPR PWS. The contractor shall submit a proposal to include 500 units. All options are not guaranteed for this TO and can be awarded or competed at FEMA’s discretion. The estimated award date is August 14, 2025.

TOPR Submission Instructions:

A. Proposal Submission:

Submit Technical Proposal. Offerors shall follow the instructions as stated in the subject solicitation L-14 Submission Requirements, Phase II - Factor Two (2), Oral Presentation – Technical Approach, PowerPoint Slides for Oral Presentation.

The contractor shall submit proposals to haul and install and provide maintenance and

This Task Order Proposal Request (TOPR) is for bidding purposes only for the LogHOUSE II RFP 70FB8025R00000001 Phase II Oral Presentation deactivation services for up to 500 TTHUs for disaster related damages in the State of Some.

Service for additional units after task order award may be required during the performance period. Exceptions to the Fair Opportunity process are provided in Section G.9 of the base contract, which includes logical follow-on task order(s) already issued under the contract.

All awardees were given a fair opportunity to be considered for the original order, which serves as a basis for increasing the quantity of units. FEMA will provide notification via e-mail if additional quantities are required. Additional units, if required, may be added to the task order after negotiation via bilateral modification.

Additionally, the magnitude of the disaster may be so severe that FEMA determines it is in the best interest of the Government to issue one or more task orders to effectively support the disaster for which an exception will also be utilized in accordance with Section G.9.

B. Technical Oral Presentation Requirements: Contractors are required to present a comprehensive and complete technical Oral Presentation that demonstrates their ability to perform the tasks described in the TOPR Performance Work Statement in accordance with the base contract PWS. The contractor’s technical oral presentation shall provide the technical approach with sufficient information to substantiate the Offeror’s proposed approaches, plans, and resources for satisfying the scope of the requirement addressing all of the following areas:

1. Operating a Staging Yard including dispatching and receiving Manufactured Homes and Travel Trailers.

2. Private & Commercial Park Site Feasibility which determines if a site can accommodate a Manufactured Home or Travel Trailer.

3. Installation of Manufactured Homes and Travel Trailers.

4. Maintenance of Manufactured Homes and Travel Trailers.

5. Deactivation/ Uninstalling and Removal of Manufactured Homes and Travel

Trailers.

6. Staging Site Design and Construction, Commercial Park Expansion Construction, and Emergency Group Site Feasibility & Construction which includes determining site feasibility, designing the expansion and construction of the expansion.

7. Group Site Maintenance which is providing maintenance and repair for the infrastructure beyond the individual site improvements.

Restating or copying the PWS language in its entirety will not be considered responsive.

C. Appendices:

1. DR-XXXX-Some-State Performance Work Statement

2. Oral Presentation Commercial Park Expansion Information

3. Oral Presentation Group Site Information

4. Oral Presentation Staging Yard Information

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LOGHOUSE TASK ORDER – STATE HOUSING MISSION – DR-####-XX

APPENDIX 1

Performance Work Statement (PWS)

TTHU- Haul & Install, Maintenance, and Deactivation

1. General Beginning On April 1, 2025, Disaster DR-XXXX caused damage across the state of SOME. In response, President Doe issued a Major Disaster Declaration on April 5, 2025, designated as DR- XXXX-Some State. On April 6, 2025, FEMA approved a direct housing mission which shall provide individual assistance (IA) for: COUNTIES A, B, C, D, and E. Other Some STATE counties may be added and included in this task order (TO) in the future. All direct housing options are authorized under Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended (Stafford Act).

2. Period of Performance For purposes of this task order, the following abbreviations will be used: Quantity (Qty);

Management (Mgmt.)

The Task Order (TO) is a three (3) month management and 125 base which starts at the award date. The base period includes management, Haul and Install (H&I), maintenance, deactivation, and related work for up to 500 Transportable Temporary Housing Units (TTHUs). All performance shall be conducted based on the objectives outlined in the TOPR and the requirements found in the LogHOUSE Two (2) Base Contract.

There are the following eight (8) types of options associated with this task order:

1. Staging Yard Operations: There is one NTE of $ 7 M that will allow for one or more staging yard to be overseen, managed and staffed in the area of operations.

2. H&I / M&D (Unit-Based): There is a TO-based option which includes an additional

25 TTHUs per option for H&I, maintenance, and deactivation that is related to the number of units. This option increases the quantity of work related to H&I and related functions up to an additional 375 units. There can be one or multiple awards at varying quantities issued off this option line.

3. Maintenance (Time-Based): There is an option for the maintenance of the installed TTHUs that is time based. This option allows for up to 12000-unit PMIRs based on the number units actually installed during the course of a 24-month time period.

4. Commercial Park Expansion: There is one NTE of $5 M that will allow for one or more commercial parks expansion to be constructed in the area of operations.

5. Group Site Construction: There is one NTE of $ 25 M that will allow for one or more group sites to be constructed in the area of operations.

6. Group Site Maintenance: There is one NTE of $ 5 M that will allow for the maintenance of one or more groups sites constructed under this task order.

7. Staging Yard Design and Construction: There is one NTE of $ 7 M that will allow for one or more staging yard to be constructed in the area of operations.

8. Management-Based: There is a management-based option that will extend the period of performance up to an additional 21 months. There can be one or multiple awards for a varying time frame issued off this option line.

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3. Areas of Operation The contractor may be tasked with performing TTHU-related activities in any DR-XXXX-Some State Individual Assistance (IA) declared area which currently include COUNTY A, B, C, D, and E.

4. Scope The contractor shall perform all work in accordance with the terms and conditions set forth in the LogHOUSE II contract and this PWS.

The contractor shall be paid for actual work performed. However, there is no guarantee that all funds awarded under this Task Order, or any option, shall be paid unless the Contractor has been directed to perform work in accordance with the contract.

The contractor shall furnish all management, supervision, personnel, equipment, and material to perform services as defined in the IDIQ PWS.

In general, the contractor shall provide Site Inspections, Transportable Temporary housing Unit (TTHU) Hauling, TTHU site preparation/debris removal, TTHU Installing, TTHU Maintenance, TTHU Deactivation, Group Site construction, Group Site Maintenance, and other services in accordance with Acceptance, Transportation and Staging, Section C.2; Site Inspection, Section C.3; Installation, Section C.4; Maintenance, Section C.5; Deactivation, Section C.6; Commercial Park Expansion Feasibility, Design and Construction, Section C.7; Group Site Design and Construction, Section C.8; and Group Site Maintenance, Section C.9;in accordance with the requirements in the LogHOUSE base contract and this task order PWS.

The contractor shall be responsible for installing the awarded TTHUs, either awarded in the base task order or added through the exercise of options. Terrain and property constraints may require the contractor to haul, install, and maintain TTs in lieu of a MHUs. FEMA anticipates that approximately one hundred percent (100%) of the TTHUs installed and maintained will be manufactured homes (MHUs); however, based on terrain and property constraints the contractor may be required to haul, install, and maintain travel trailers (TTs) in lieu of a Manufactured Home. The ratio of TTs to MHUs is subject to change. The ratio is driven by eligible disaster survivor applicants, their household needs, and the location of the install. The COR will notify the contractor when the ratio of TTs to MHUs changes.

Locations for site inspections and installation may include private sites, group sites, and commercial parks. The contractor shall ensure that all employees making calls to disaster survivors during the site inspection or installation process are reminded that the survivor has experienced life changing event and shall use care when contacting the survivor. If there are any issues during the site inspection process, the contractor shall notify the COR so that FEMA can aid, if necessary, in accordance with the LogHOUSE base contract. Accurately completed site inspections are critical to ensuring successful haul and install (H&I). See attached PWS Attachment 1 for additional guidance on the performance of SIRs in accordance with EHP guidelines.

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The Contractor shall conduct joint SIR assessments, PMIRs, and other field-related visits and assessments in coordination with FEMA personnel and contractors. The Contractor shall submit a weekly schedule for all PMIR scheduled appointments by 5:00 PM MT on Fridays in lieu of the Preventative Maintenance Schedule per IDIQ Section F.6, #20. Any changes to the schedule shall be delivered by phone call to the COR followed by an email notification. The monthly PMIRs shall include an interior and exterior inspection with FEMA field staff or contractor present to be deemed acceptable for full payment by the CO or COR. If the Contractor is unable to contact the unit occupant, then notification shall be provided in accordance with the deliverable schedule in the IDIQ PWS and Section F. Exterior-only inspections shall be approved by COR. If the previous month’s PMIR is conducted as exterior only, the following month’s inspection should include internal and external inspections.

The contractor shall maintain any TTHU assigned until the TTHU is deactivated or transitioned to another contractor.

Special Flood Hazard Areas (SFHA) The contractor shall plan to install MHUs in Special Flood Hazard Areas (SFHA).

Other services within the LogHOUSE contract are applicable at the discretion of the Contracting Officer and COR to meet the mission requirements such as COVID-19 sanitizing and proving generators to expedite TTHU acceptance, occupancy set up, and Ready for Occupancy (RFO) as directed.

5. Task Order Details

Overview FEMA’s principal objective under this task order (TO) is to promptly provide direct housing services to impacted eligible disaster survivors. The Contractor shall be prepared to complete up to ten (10) site inspections per day, and up to five (5) MHU H&I work orders per day. Should the mission require the contractor to increase manpower, the contractor shall ramp up in accordance with the base contract requirements. CONTRACTOR SHALL ONLY MOBILIZE

MANAGEMENT TEAM UNTIL CO OR COR GIVES NOTICE THAT SIR AND HAUL

AND INSTALL CREWS SHALL MOBILIZE. THIS DIRECTION MAY COME AS

EARLY AS THE KICKOFF MEETING.

Note: MHUs are used for bidding purposes only, actual installations may include Travel Trailers.

MHU Demo Install at Staging or Another Location Designated by FEMA (If applicable and directed by the CO)

The contractor shall install one (1) three-bedroom NextGen MHU at the Local staging site or designated location. The site manager will work with the contractor to determine the exact location within the staging site location, if applicable. The contractor shall follow the standard installation instructions with the following changes:

The contractor shall build all the different types of stairs available under the LogHOUSE contract. The rear door shall have a ramp, the front door shall have platform stairs, the

4 | P a g e sprinkler door shall have standard stairs.

The contractor shall only install skirting on two short sides and one long side of the

MHU. This requirement is so that FEMA and contractor personnel can view items that are installed under a MHU that are typically concealed by skirting.

The contractor shall install sewer pipe from the sewer exit from the MHU showing the required slope.

The contractor shall install separately an example of a grinder pump showing the inflow and outflow pipes clearly identifying both with signage that shall be made so that it does not deteriorate in an outdoor environment for at least 12 months.

The contractor shall install a potable water pipe that shall demonstrate the proper installation of insulation.

All water connections shall be installed so that the installation terminates as the pipe goes underground.

If there is available electric power the contractor shall connect the staging MHU to the electric.

The contractor shall ensure that the interior of the MHU is RFO ready.

The contractor shall anchor the MHU as typical for the installation location unless directed no to anchor by the staging site manager.

There is no site inspection required for this installation.

FEMA staging staff will move the MHU into place.

Travel Trailer Requirements (If applicable and directed by the COR)

If applicable, the contractor should reference the Travel Trailer (TT) Setup 2020, and the Travel Trailer Installation Standard Operating Procedure (or published revision) for blocking and strapping guidance to ensure that Travel Trailers are installed in compliance with the current FEMA requirements. Should there be any barriers or questions the contractors should refer to the

COR.

Propane Requirements for Travel Trailers (If applicable and directed by the COR)

Propane services may be required for TTs. The COR will notify the contractor where propane services will be required, and if any changes are needed.

Propane Tank Lease – As directed by COR, the Contractor shall lease and facilitate the installation of 120-gallon propane tanks for TTs identified by FEMA. The installing and initial filling costs shall be billed under CLIN 0004CK and 0004CM respectively. These propane tanks will be used to replace the tanks that come standard with the TT. The actual size of the propane tank may change and will be clarified by the COR.

Propane Refill – The contractor shall monitor and ensure that propane is refilled as needed for all propane tanks. It is anticipated that TTs may be required to be refilled as frequently as twice a week. Propane refill will be billed under CLIN 0005AM.

Replacement propane tanks that are leased shall include all required hardware to be installed properly, safely and securely on the unit.

Propane tank discharge/disconnect & removal shall be completed at the time of deactivation or at the direction of the COR.

FEMA-owned replaced propane tanks will be removed by the contractor and stored in a

5 | P a g e safe & secure fashion at the FEMA staging yard while the TT is located at the installation site. Removal of the FEMA-owned tank shall not occur until new replacement tanks have been leased and are ready for installation. The term “FEMA-owned” tank is in reference to the original propane tank that comes standard on the travel when it is pulled from the staging yard.

FEMA-owned replaced propane tanks will be re-installed on the TT and returned to FEMA staging properly installed on the FEMA TTs upon Deactivation WO.

Installation, maintenance, and disposal of Propane tanks shall be done in accordance with all Federal, State and Local regulations.

Utility Requirements

Generator Power for pre-Turnover to FEMA Inspection To ensure all potential roadblocks to eligible disaster survivors being licensed into the assigned TTHU the contractor shall provide generators that have the capability to energize the electrical system of the TTHU if the local electrical utility has not provided power. The contractor shall request a work order from the COR prior to using a generator.

The generator allows the contractor to test the TTHU’s electrical system. Testing the electrical system prior to the local utility energizing the installation site will ensure that the contractor can identify electrical issues and repair make the necessary repairs so that there are no delays in preparing the TTHU to be accepted by FEMA. The contractor shall be responsible for all transportation, installation, fueling, maintenance, and deactivation/removal of the generator.

During the maintenance and deactivation process the contractor shall comply with all applicable regulations and reclaim all fluids that are removed from the generator. All removed fluids shall be properly disposed of in accordance with Federal, State, and local regulations.

The use of the generator to test the THHUs DOES NOT constitute Ready for Occupancy (RFO).

The unit will be considered Ready for Electric, and payment will not be made until the unit is RFO'd after permanent power has been connected and the unit has been approved and accepted by the FEMA. The contractor is still responsible to repair any deficiencies found after the TTHU has been tested with a generator. These repairs will not be considered maintenance request and will be done as a requirement under the RFO process as outlined in the LogHOUSE Base contract.

While a generator is in use the contractor shall provide and install carbon monoxide detectors as appropriate. The carbon monoxide detector shall operate on both household current and have a battery backup. If the installed generator is located more than five (5) feet from the TTHU a carbon monoxide detector is not required.

The contractor is responsible for ensuring compliance with all applicable Federal, State, and local regulations including but not limited to:

Occupational safety National Electric Code Ensuring that the appropriate spill kits are available during installation, maintenance, and deactivation

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Ensuring that proper safety signage, required safety fencing of other markings are provided to communicate that the generator poses a potential safety hazard

Ensure that all visitors whether FEMA staff, contractor employees or the general public are kept safe while a generator is installed in operation or not

Ensure that all wires or cables between the generator and the TTHU are protected and do not pose a tripping or other safety hazard

Generators provided for pre-occupancy testing shall not remain with the TTHU after FEMA accepts the TTHU at RFO.

Medical/Emergency Cleaning (If applicable and directed by the COR)

At the instruction of the CO/COR, the Contractor shall hire an appropriately licensed and/or certified company or follow the procedures approved by the authority the government requires the Contractor to use (e.g., Center for Disease Control) to remediate a TTHU that has been identified as requiring medical/emergency cleaning. This may include cleaning after a death or other violent incident has occurred in the TTHU.

If the government designates that a TTHU is to be destroyed instead of cleaned, the Contractor shall provide a report including pictures for the Accountable Property Officer (APO) and Staging Yard prior to the demolition of the TTHU.

Transfer of TTHUs Between Contractors (If applicable and directed by the COR)

During the life of this task order the contractor may be responsible for the transfer of TTHUs from their care and custody to that of another contractor. During the transfer of a TTHU from one contractor to another (e.g., from an H&I contractor to a M&D contractor or between M&D contractors) the contractor shall follow the process in the base contract Section C. 5.1.7 Unit Transfer Between Contractors. TTHU transfer will only occur at the direction of the COR. The transition will be documented using FEMA Form 90-13 (Manufactured Housing Unit Inspection Form) and submitted to the COR.

Assignment of Work

FEMA reserves the right to allocate work among its employees, other Federal Agencies, and/or other LogHOUSE contractors as necessary to meet FEMA’S disaster requirements. If discrepancies arise between the IDIQ PWS and the Task Order PWS), the Task Order PWS requirements will take precedence unless otherwise approved by the CO.

Changes to Base Contract Requirements

The contractor shall not accept any changes to the requirements outlined in the base contract without the approval of the Contracting Officer and the TTHU Program Manager at FEMA Headquarters, respectively. Changes that are not to be made include but are not limited to switching from the required double blocking to single blocking; or not crowning sites. Cost proposals that are submitted in the normal course of LogHOUSE business are not included in this requirement. All requests shall be submitted in writing with a justification for the change and

7 | P a g e a proposed change in cost.

Responsibility for Government Property

The contractor is responsible to ensure that government property (e.g., manufactured homes, travel trailers and tank and pump systems) is secure. For this task order secure means that the contractor shall take prudent steps to prevent the government’s property from being stolen or damaged. Prudent steps include but are not limited to ensuring that keys to TTHUs and TPSs are not left unsecure; travel trailers cannot be towed by unauthorized people; and survivors or other people cannot access TTHU until the TTHU is licensed to an eligible survivor. The contractor’s responsibility for government property ends when the property is transferred back to government custody.

6. Deliverables

The Contractor shall:

Coordinate with all State, county, and local officials to obtain any required permits and waivers and ensure that all State, county, and local codes are adhered to.

Develop a strategy for resource management of FEMA assets based on mission requirements, addressing the following:

o Effectively managing timelines in-accordance-with (IAW) the base LogHOUSE contract, unless otherwise stipulated in the TO, o Effectively managing costs in the IAW Base Contract, o Effectively managing the labor force (e.g., strategically positioning PMI, repair, and trade technicians to reach a site in the most efficient manner, etc.).

o Submitting reporting deliverables based on COR/CO direction and IAW Section F of the base contract, or as applicable based on the TO.

Complete installation of MHU’s within seven (7) days following issuance of the installation work order.

Complete installation of TTs within two (2) days following issuance of the installation work order.

Compile a detailed weekly cost burn‐rate of all allocable costs submit reporting deliverables based on COR/CO direction and IAW Section F of the base contract, or as applicable based on the TO.

7. Mission Constraints

The following are potential mission constraints that the contractor may expect to encounter, and must therefore have a plan to address:

Availability of local utilities.

Absence of street signs and other markers.

Availability of cell service.

Supply of fuel.

Access to private site and commercial park properties.

Travel distances required for contractor staff to access available lodging.

Travel distances required for contractor staff to obtain needed supplies and materials.

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All items that require Government intervention (e.g., utility company production capabilities, applicant qualifications, applicant issues including domestic, floodplain determinations, etc.) will be outside the contractor’s control, and incumbent on the Government for remedy. The Contractor shall immediately apprise the COR of any issues that may cause the contractor to be unable to meet TO requirements or deliverables.

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8. Disaster Variable Table Mission Type Variable

Disaster Number NUMBER State STATE

Declaration Date DATE

Description NUMBER: DISASTER TYPE

Task Order Number NUMBER Contact Information Type Variable Joint Field Office

(JFO)

Address: ADDRESS

TTHU Staging Area Address: ADDRESS

Contract Officer Representatives (CORs)

Name, Contact Information

NAME

EMAIL

PHONE

Alternate COR Name, Contact Information

NAME

EMAIL

PHONE

DH Logistics Branch Designee

Name, Contact Information

NAME

EMAIL

PHONE

Period of Performance Type Variable Task Order POP Length of Time 3-month base; 21-month option

Areas of Operation Location / Counties All IA-declared Counties for DISASTER NUMBER.

See above and any amendments Description of Type Quantity

THU Sites by address, Barcode, unit type, applicant name, registration ID, phone nos.

Estimate List Provided by the COR

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9. Security Requirements

All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD). All individuals will be U.S.

citizens. The contractor shall follow the standards established within DHS and FEMA policy.

Unauthorized Disclosure of Classified or Unclassified Information

Contractors and Subcontractors who are working on this contract shall receive Unauthorized Disclosure of Classified or Unclassified Information training.

Access to the training can be obtained at: Unauthorized Disclosure of Classified Information and Controlled Unclassified Information (usalearning.gov)

Certificates of completion must be sent to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

OPSEC Training

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.

Access to the briefing can be obtained at OPSEC Awareness for Military Members, DOD Employees and Contractors (usalearning.gov).

Certificates of completion must be sent to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

Insider Threat Training

Certificates of training is required for all cleared contractor employees who are working with classified or unclassified information.

Insider Threat training for Contractors can be found at: Insider Threat Awareness (usalearning.gov)

All certificates must be sent to the assigned FEMA COR before the Contractor or Subcontractor is granted access to classified or unclassified information, but no later than 30 calendar days after awarded contract. All cleared contractor personnel are required to recertify Insider Threat training annually thereafter. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

For Official Use Only (FOUO) Information

In accordance with DHS Management Directive 11042.1 contractors, consultants, and others to

11 | P a g e whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. This also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities. The contractor shall:

Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Execute a DHS Form 11000-6, Sensitive but Unclassified Information Non Disclosure Agreement (NDA), as a condition of access to such information for all contractor and consultant staff. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.

Foreign Travel and Government-Issued Equipment

Per DHS and FEMA IT policy, FEMA employees and contractors are not authorized to take government-issued equipment, including cell phones, computers, or tablets such as iPads, outside of the United States regardless of the reason for travel. If government-issued equipment is required for official foreign travel, FEMA government employees may request a temporary loaner device through the Mobility Service Center, Office of the Chief Information Officer, Service Center for the duration of their trip. FEMA contractors must contact their contracting officer’s representative (COR) for further guidance.

If government furnished devices are detected as operating outside of the United States and its territories, they will be disabled, and information forwarded to the Office of Professional Responsibility for review.

Background Investigations

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access

Contractor personnel occupying positions or performing functions with a Low-Risk designation and who do not require access to DHS or FEMA information systems may undergo a Tier 1

12 | P a g e investigation with a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract. Also reference the Facility Access section of this PWS.

Low Risk with Information System Access

Contractor personnel occupying positions or performing functions with a Low-Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk

Contractor personnel occupying positions or performing functions with a Moderate-Risk designation shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk

Contractor personnel occupying positions or performing functions with a High-Risk designation shall undergo a Tier 4 Suitability Background Investigation (T4) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Background Investigation Process

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA COR with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if:

The investigation was completed within the last five years;

It meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract;

The contractor personnel have not had a break in employment since the prior favorable adjudication; and FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

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For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents:

Standard Form 85P, “Questionnaire for Public Trust Positions” Optional Form 306, “Declaration for Federal Employment” SF 87, “Fingerprint Card” (2 copies) DHS Form 11000-6, “Non-Disclosure Agreement” DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act”

These are incorporated into this contract by reference, along with a link to the Office of Personnel Management’s (OPM) Electronic Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information.

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form 85P, which must be completed electronically through the Office of Personnel Management’s e-QIP system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR will then forward that information to the Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal.

Continued Eligibility and Reinvestigation

Eligibility determinations based on a Low Risk T1, Moderate Risk T2S or High Risk T4 are valid for five years from the date that the investigation was completed and closed. Contractor

14 | P a g e personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer

The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor be excluded from working on this contract. Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

10. Facility Access

The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and an OF306, Declaration for Federal Employment, and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times.

FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

11. Separation From Contract

The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence. The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

When no longer needed for contract performance.

Upon completion of a contractor employee’s employment.

Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual

15 | P a g e to whom it was issued, and the last known location and disposition of the pass or card.

Any failure by the contractor to return all DHS or FEMA issued identification cards and building passes upon contract expiration, personnel removal from the contract, or demand by DHS/FEMA may subject the contractor any contractor personnel to civil and criminal liability.

12. Information Sharing

To accomplish the tasks outlined in this contract, FEMA may provide the contractor access to the Temporary Transportable Housing Unit (TTHU) System and the PII contained within the system.

The information sharing outlined in this contract is authorized by the following System of Records Notice(s) and Routine Use(s):

DHS/FEMA-008 Disaster Recover Assistance Files April 30, 2013 78 FR 25282, Routine Use F.

DHS/ALL-004 General Information Technology Access Account Records System (GITAARS) November 27, 2012, 77 FR 70792, Routine Use F.

DHS/ALL-021 Department of Homeland Security Contractors and Consultants October 23, 2008, 73 FR 63179, Routine Use F.

The information sharing outlined in this contract is authorized by the following Privacy Impact Assessments:

DHS/FEMA/PIA-049 Individual Assistance (IA) Program

“Need-to-Know" Access to PII

The contractor will limit access to the PII provided by FEMA under this contract only to the contractor’s authorized personnel who need to know the information to accomplish the tasks outlined in this contract.

Prohibition on Computer Matching

The contractor shall ensure no computer matching, as that term is defined in 5 U.S.C. § 552a(o), will occur for the purpose of establishing or verifying eligibility or compliance as it relates to cash or in-kind assistance or payments under federal benefit programs.

Return or Destruction of Data when No Longer Needed

If at any time during the term of this contract any part of FEMA PII, in any form, that the contractor obtains from FEMA ceases to be required by the contractor for the performance of the contract, or upon termination of the contract, whichever occurs first, the contractor shall, within fourteen (14) days thereafter, promptly notify FEMA and securely return PII to FEMA, or, at FEMA’s written request destroy, un-install and/or remove all copies of such PII in the contractor’s possession or control, and certify in writing to FEMA that such tasks have been completed

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13. Records Management Obligations

Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. The term federal record:

Includes FEMA records;

Does not include personal materials;

Applies to records created, received, or maintained by Contractors pursuant to their

FEMA contract; and May include deliverables and documentation associated with deliverables.

Requirements

The Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

FEMA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of FEMA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines

17 | P a g e and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to FEMA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the TO PWS. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to FEMA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the TO PWS. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and FEMA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with FEMA policy.

The Contractor shall not create or maintain any records containing any non-public FEMA information that are not specifically tied to or authorized by the contract.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The FEMA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which FEMA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

14. Safeguarding of Controlled Unclassified Information

Definitions

The following definitions as used in this clause include the following.

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Adequate Security means security protections commensurate with the risk resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of information. This includes ensuring that information hosted on behalf of an agency and information systems and applications used by the agency operate effectively and provide appropriate confidentiality, integrity, and availability protections through the application of cost-effective security controls.