Inactive Local Area Set-Aside (FAR 26.2)

SOLICITATION: 70FBR920R0000007 1. Background On October 24, 2018, Super Typhoon Yutu, the strongest typhoon to impact the Commonwealth of Northern Marianas Islands (CNMI) on record caused catastrophic... SOLICITATION: 70FBR920R0000007 1. Background On October 24, 2018, Super Typhoon Yutu, the strongest typhoon to impact the Commonwealth of Northern Marianas Islands (CNMI) on record caused catastrophic damage to the islands of Saipan and Tinian. Super Typhoon Yutu caused three deaths, downed power poles and damaged vehicles, schools, hotels, businesses, airports and hundreds of homes on both islands. The U.S. President signed a Disaster Declaration on October 26, 2018, making funds available to the Federal Emergency Management Agency (FEMA), to provide disaster assistance to eligible applicants on Rota, Saipan and Tinian. Approved assistance included Stafford Act Section 408 authorizing the Individuals and Households Program. Additionally, pursuant to Stafford Act Section 408 and 44 C.F.R. 206.117(b)(4), Permanent Housing Construction (PHC) was also authorized for FEMA-DR-4404-MP. Accordingly, the Office of Response and Recovery (ORR), Recovery Directorate is seeking to replace eligible applicant’s housing affected by the disaster through the PHC program. 2. General Scope of Work The purpose of this procurement is to acquire construction services to construct eligible PHC applicants’ dwellings for FEMA-DR-4404-MP in accordance with applicable Federal, State, and Local laws, building codes and standards. The contractor shall utilize the architectural and engineering (A&E) drawings listed as Attachments 08(a) thru 08(d). A&E drawings are designed for a 1, 2, and 3- bedroom home under the PHC New Construction requirement. The A&E drawings are intended for cast-in-place units (CIP); however, the Government will consider concrete masonry (2-cell Kerf block) units (CMU) as an alternative. Should the Government determine that CMU is the more viable option rather than CIP, the Government will make that determination prior to award. PHC shall be performed by a licensed contractor with the appropriate authorization(s) to work in the CNMI and more specifically Saipan and Tinian. The contractor shall provide all supervision, materials, permits, licenses, equipment and labor categories necessary to perform new construction as determined via this statement of work and attached documents. In accordance with FAR clause 52.225-1, the contractor is required to adhere to the Buy American Act (BAA) using BAA compliant construction materials, of average quality for the lowest price (“builder grade”), for the prescribed International Building Code (IBC) level determined for the PHC New Construction Program. The contractor is required to employ at a minimum 30% local labor, to the greatest extent practicable. Tasks The contractor shall utilize the A&E drawings to develop a technical proposal for Option 1) CIP, or if necessary, Option 2) CMU (as applicable). Both options are for the construction of a 1, 2, and 3-bedroom homes located in Saipan and Tinian. The contractor shall not deviate from the government provided drawings without approved revisions. PERMANENT HOUSING NEW CONSTRUCTION (PHC) STATEMENT OF WORK (SOW) TASK ORDER: 70FBR920F00000XXX The contractor shall obtain all required permits and comply with all applicable CNMI and/or EHP laws and building codes (as applicable). The Government anticipates that the contractor will perform new construction on 20 homes with an option. For this task order, the Government is providing an initial batch of 20 PHC homes. The Government expects the contractor to complete each work order according to the agreed upon site specific timeline beginning from the date of issuance of the notice to proceed. Each home to be constructed will have an associated work order and architectural/engineering drawings for the home authorized for construction at that particular site. The contractor shall conduct site visits to develop a site plan to include all utilities as part of the price proposal, work plan and timeline for completion for each site. Construction Standards: The contractor shall ensure compliance with 2018 IBC standards. The contractor shall be responsible for presenting to the FEMA Contracting Officer (CO) detailed cost estimates for construction utilizing CIP construction and any instance that may require CMU construction. Also, a separate submittal to include site plans/drawings (if needed) containing required approvals from appropriate authorities in order to meet the required minimum standards referenced herein. The contractor shall assess utilities as designated in the the attached drawings and based on the Specifications. The contractor shall utilize preexisting sanitary (sewer) systems, and only in the event a septic tank needs repair, replacement or installation; the contractor shall submit a Request for Information to the FEMA COR for FEMA’s review and approval prior to any actions by the contractor. The PHC new construction program is subject to CNMI regulations including, but not limited to, CMC Title 155-10.1, Building Safety Code Rules and Regulations. Title 155 -10.1 stipulates procedures and requirements enforced by the Department of Public Works (DPW) related to the safe operation of buildings. DPW reviews and approves housing and commercial applications for permits prior to construction. Permit applications require plans that are signed and sealed by CNMI professionals. The Government furnished A&E plans developed by US Army Corps of Engineers (USACE) for FEMA are exempt from being sealed because they are Government prepared and are developed for Government use, so long as they are not modified. The contractor shall follow the attached specification, the drawings and this statement of work. If there are any discrepancies between the specifications, drawings and/or statement of work; the contractor shall submit a request for information to the FEMA COR for clarification. Specifically, CMC Title 155-10.1 addresses the following: New construction and modification of existing buildings Permit process and fees (initial application) Rough in inspections/re-inspections (and associated fees) Final inspection and Issuance of Certificates of Occupancy (CoO) Adoption of Tropical Energy Code http://www.cnmilaw.org/pdf/admincode/T155/T155-10.1.pdf Other pertinent CNMI Regulations include: Title 65 – Division of Environmental Quality Chapter 30 - Earthmoving and Erosion Control Chapter 120 - Wastewater Treatment and Disposal Rules and Regulations Title 15 – Coastal Resources Management Chapter 10 - Coastal Resource Management Rules and Regulation Environmental/Historical preservation requirements Pertinent Federal Regulations and codes include: International Building Code (FEMA has herein provided project specific IBC guidance that exceeds local requirements for high wind and flooding hazards) Seismic Zone 4 2010 ADA Standards for Accessible Design 40 C.F.R. Part 122 National Pollutant Discharge System (stormwater permits) Floodplain Management Contractor Furnished Items & Services: The contractor shall furnish all management resources, labor, materials, equipment, tools and any other items necessary to perform all operations. The contractor shall meet all logistical and administrative requirements for acquiring, mobilizing, and sustaining necessary laborers, including laborers in skilled trades. The contractor must obtain all required building materials, vehicles, specialized equipment, and provide a fully qualified Project Manager who shall be responsible for the performance of work. The name of the person designated as the Project Manager, in addition to an alternate Project Manager shall be designated in writing and provided to the CO. The Project Manager shall have full authority to act for the contractor. The Project Manager shall be on-site in Saipan, MP during normal work hours and available for contingencies requiring work beyond normal work hours (as instructed by the FEMA COR and/or CO. The designated Project Manager shall have written and verbal communications skills in English, and it is encouraged that the Project Manager position have Chamorro as a secondary language; however, this is not a requirement. The CO shall have the right to determine whether the proposed contractor key personnel have the education, technical and lingual capabilities to meet the requirements outlined for this requirement to include attachments. The CO reserves the right to remove any contractor staff who has been deem unacceptable to the Government upon written notification. PERMANENT HOUSING NEW CONSTRUCTION (PHC) STATEMENT OF WORK (SOW) TASK ORDER: 70FBR920F00000XXX Special Requirements: The contractor shall establish its base of operations and management team on Saipan, MP to ensure close coordination with FEMA. The contractor shall participate in at least one (1) weekly coordination meetings with the FEMA COR and/or CO. Other FEMA personnel may be invited on an as needed basis. Upon completion of construction of a PHC home, the contractor shall ensure the following before requesting final certification of occupancy: site is clear of all debris, hazards and machinery; all disturbed earth from construction activities has been remediated (fill and grade) to existing grade; the interior is clean from construction materials/activities; and the home is load tested and ready for occupancy before requesting the final certification of occupancy from the CNMI permitting office. In the event construction items have not conformed to the contract requirements, the contractor and FEMA COR will develop a punch list to work from in order to meet the contract requirement. When directed by FEMA CO/COR, the contractor shall include construction of any accessibility features and accessible routes in accordance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) (http://www.statereview.com/adaag.htm) and the Housing and Urban Development’s (HUD) Design Details for Accessible Disaster Relief Housing. The contractor shall be responsible for procuring, transporting, storing, securing and disposing of all construction-related materials used in the construction of the PHC homes. As applicable, the contractor shall only use a licensed architect or engineering contractor authorized to work in the CNMI for specific task designated for this labor category. There may be additional labor regulations in the CNMI legislative code which the contractor is responsible to comply as required. The contractor shall state these codes within their project plan. The contractor shall comply with inspection requirements mandated by the CNMI building department which verifies the PHC home is being constructed in compliance with required permits. The contractor shall set up a construction schedule and management plan based on local weather conditions forecasted for each month of the task order. The contractor shall be responsible for Quality Control, Construction/Project Management, production schedule, site security and safety once initial projects begin. The contractor shall allow FEMA or its contractors/agents on the work site for the purposes of technical monitoring and quality assurance. The contractor shall work with the local authorities to obtain permits and for utility identification. The contractor shall ensure all construction materials meet U.S. construction standards and are procured in compliance with the Buy American Act and all other applicable laws and regulations. The contractor shall submit their plan to meet these construction standards by submitting the information with their Project Plan. The contractor shall be responsible for obtaining all required bonds and permits for all phases of construction to include: demolition, debris removal, disposal of materials, site preparation and construction. Contractor must provide copies to the FEMA COR once obtained. Contractor shall comply with any Federal, State or Local laws, regulations or other requirements to test for asbestos or lead (if needed) and complete any required abatement and associated debris removal. The contractor shall coordinate the installation of essential utility repairs with CNMI Commonwealth Utility Company (CUC) to prevent impacting the delivery schedule. Unexploded Ordnance: If any item is discovered that may be an unexploded ordinance, the contractor must stop work, immediately alert the FEMA COR, and await further instructions from the FEMA COR. The FEMA COR will contact the appropriate agencies for handling. The contractor shall comply with any Environment and Historical Preservation (EHP) requirements dictated by CNMI or FEMA. This may include, but is not limited to, a requirement allowing a Government contracted Archeologist to be present on site during any ground disturbance activities associated with debris removal, foundation or utility work, and work in Archeological Sensitive Areas. Contractors must take appropriate action based on specific guidance provided by the Archeologist to protect/preserve artifacts as necessary. The Contractor shall submit the permit request within 60 days of NTP for each property. Once construction is completed and the permit closed, FEMA will conduct a quality assurance inspection review and take possession of the keys from the contractor in order to return keys to applicant. If there are items identified requiring remediation, FEMA and the contractor shall develop an on-site list (punch list) of items requiring remediation at no additional cost to the Government. This list shall be submitted to the FEMA COR for work remediation. Any resulting task order will be inclusive of clauses specific to construction and in accordance with FAR Part 36. The FEMA Contracting Officer is the only person who is authorized to make changes to any resulting contract/task order. Changes to a contract/task order will be in writing via a modification. 6. Definitions New Construction – as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), Section 408(c)(4), and implemented in 44 C.F.R. § 206.117. FEMA may provide permanent and semi-permanent housing construction which must be consistent with minimal local building codes and standards where they exist, or minimal acceptable construction industry standards in the area, including reasonable hazard mitigation measures including storm shutters on all windows, and Federal environmental laws and regulations. Dwellings will be of average quality, size and capacity, taking into consideration the needs of the occupant. PHC New Construction must comply with 2018 IBC standards. 7. Period of Performance The period of performance (POP) for this task order is 180 calendar days from the Notice to Proceed. The Notice to Proceed will be issued after receipt of performance and payment bonds have been reviewed and accepted by the contracting officer. The contractor shall participate in a kick?off meeting no later than 48 hours after task order award, or within a time specified by the FEMA COR. 8. Areas of Operation The contractor shall be tasked with performing this activity as directed by the government; nominally in or around multiple areas in Saipan and Tinian to be determined by the government’s need. The contractor shall provide FEMA a schedule identifying where construction is planned no less than 48 hours prior to commencement of preliminary site inspections and construction. 9. Experience / Skills The contractor shall provide personnel with all necessary expertise in construction, and architectural/engineering as needed. The contractor shall identify shortfalls in skilled labor and provide immediate strategies to the FEMA COR for mitigation. The contractor shall conduct preliminary background checks on all staff assigned to the task order and receive favorable results. This process will increase the likelihood of personnel submitted for FEMA’s background investigation receiving approval. 10. Project Execution The contractor shall execute the permanent housing new construction mission per the aforementioned purpose and scope, issued work orders, and approved Project Management Plan (identified in Section 13 below). The contractor shall start work within 48 hours after receipt of the Notice to Proceed (NTP). The contractor shall notify the FEMA COR as soon as practicable if there are unforeseen interruptions due to weather, hazardous conditions, safety issues, or other circumstances. If there is a potential delay in the schedule, the contractor shall notify the FEMA COR immediately of identification of a delay of any kind. All services listed in the Statement of Work shall be provided in compliance with applicable Federal, CNMI, and local laws and regulations. The contractor shall deliver a biweekly (every two weeks) labor report to the FEMA COR to include (but not limited to) items identified in Section 13, Deliverable. Contractor shall submit a work order proposal packet (ASIR packet example will be provided at the kick off meeting), within 72 hours of issuance of the work order. 11. Deliverables and Deliverable Schedule Deliverables Performance Requirement Timeframe Method of Surveillance Deliverable 1 Kick-off Meeting 48 hours after Task Order award. To be scheduled by the FEMA CO/COR. Deliverable 2 Provide complete progress schedules for the 20 new construction sites using Microsoft Project that will be furnished to the COR/CO 24 hours after award. Updated as needed. 100% Review/Inspection – FEMA COR will review each progress schedule for completeness and based on the terms of the statement of work. Deliverable 3 Provide detailed daily status reports to the FEMA COR. Every day by 07:30 am local CNMI time 100% Inspection – FEMA COR will review each product for completeness & accuracy. Deliverable 4 Labor Report Biweekly 100% Inspection - FEMA COR will review each product for completeness & accuracy. Deliverable 5 Provide daily construction schedule Daily 100% Inspection – FEMA COR will review each product for execution, performance and accuracy. Deliverable 6 Provide a Quality Control Plan (QCP) to the government. At a minimum, the QCP shall include the requirement, performance objective, daily performance standard, deficiency correction methods/ timeline, monitoring, document control, invoicing, materials and workmanship, testing and inspections, and work completeness. Within 48 hours after the contract award. 100% Inspection – FEMA COR will review each product for execution and completeness. Slump testing for each truck. Cylinder testing for each house. Deliverable 7 Project Management / Work Plan - Project Management / Work Plan shall include at a minimum: activities, tasks and timelines, communications plan, process improvement, and risk management for project completion for the period of performance. Within 48 hours of the task order award 100% Inspection – FEMA COR will review each product for completeness & accuracy. 12. Operational Day Unless otherwise specified by the Contracting Officer, all work required to be performed will be during the normal operational day. Operational days are ten (10) hours per day, six (6) days per week excluding Federal Holidays or as determined by the CO and/or FEMA COR. Contractor shall meet the timelines and operational requirements of the contract. The contractor shall report all barriers to their performance of the contract immediately in writing to the FEMA COR, for which the FEMA COR will give affirmation or other feedback to the contractor in writing. Any approved deviation from operational standards shall be noted on the contractor’s daily reports and not counted against the contractor’s performance. The Government will attempt to provide the contractor with advanced notice of any changes to the schedule in writing. The contractor shall provide professional, courteous, and timely services, activities, and management to ensure that all work identified in the government furnished individual work orders and objectives are completed per task order. This includes incorporating customer service into operations, where appropriate, as well as employing a flexible and transparent performance management system that includes performance measures of contractor staff, subcontractors, and other representatives. The contractor shall provide background checks as identified herein, for all Employees working on this mission to the FEMA COR. The contractor shall badge all Employees working on this mission. The contractor’s identification (ID) badge shall include: company name, identification number, individual’s name and company phone number. The contractor issued badge shall not include the words “FEMA or FEMA Contractor” or any governmental logo that gives the impression that the person is a government employee or is otherwise an agent of the government. The contractor’s personnel (including temporary or sub-contractors) shall wear an ID badge provided by the contractor. The contractor provided ID badges shall always be visible when performing work. Finally, the contractor shall provide insightful, accurate, and timely written reporting to FEMA on all issues that could reflect unfavorably on this mission in writing to the FEMA COR as soon as practicable.