1-HAPGC 2026-318 Maintenance Janitorial Services.pdf
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- HAPGC 2026-318 Maintenance & Janitorial Services
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- Prince George's County, Maryland
About this file
This is a Request for Proposals (RFP) issued by the Housing Authority of Prince George's County (HAPGC) in Maryland for Property Maintenance and Janitorial Services. The RFP seeks qualified contractors to provide comprehensive maintenance and janitorial services across HAPGC's portfolio of public housing properties, including high-rise buildings, townhouses, row-houses, single-family houses, and duplex units totaling approximately 296 units across ten locations in Prince George's County. Services encompass mechanical, electrical, plumbing, carpentry, HVAC, appliance repairs, grounds maintenance, vacant unit turnover, emergency response, and janitorial operations. The contractor must maintain an on-site Project Manager with a minimum of five years' supervisory experience and field a team consisting of one Maintenance Supervisor, five Maintenance Technicians, and four Porters. A pre-proposal conference call is scheduled for Tuesday, April 14, 2026, at 11:00 a.m. EST. Written questions must be submitted by Thursday, April 16, 2026, at 2:00 p.m. EST. Proposals are due electronically via the Bonfire eProcurement Portal by Thursday, April 30, 2026, at 4:00 p.m. EST. The contract is anticipated to be awarded for an initial one-year term with four optional one-year renewal periods, contingent on mutual written consent and Board of Commissioners approval.
Respondents must demonstrate a minimum of five years' experience with multi-family housing properties and provide detailed cost proposals including all personnel, equipment, supplies, materials, licensing, insurance, vehicle fuel, overhead, and profit. All proposed fees are inclusive and fully burdened with costs. Contractors must carry minimum insurance coverage including $1,000,000 combined single limit Business Automobile Liability, statutory Workers' Compensation with $500,000 Employer's Liability limits, and $1,000,000 Commercial General Liability coverage. The Service Contract Act wage determination (2015-4281) applies, requiring payment of applicable prevailing wage rates plus fringe benefits including $4.98 per hour health and welfare, paid vacation (2-4 weeks depending on tenure), and eleven paid holidays annually. MBE/WBE participation is encouraged and required via a "Best Efforts" compliance plan. All employees must pass criminal background checks and drug screening at the contractor's expense, obtain proper work authorization documentation, and comply with Section 3 employment opportunity requirements for low- and very low-income residents. The contractor assumes full liability for damages, theft, and employee conduct and must maintain compliance with all federal, state, and local laws, HUD regulations, and the Public Housing Assessment System (PHAS) standards.
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Text version
HOUSING AUTHORITY OF PRINCES GEORGES COUNTY
RFP NO. 2026 – 318
Property Maintenance & Janitorial Services
RFP Due Date: April 30, 2026 @ 4:00 p.m. est.
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Table of Contents
I. INTRODUCTION
II. SCOPE OF SERVICES
III. SUBMISSION PROCEDURES & REQUIREMENTS
IV. EVALUATION/SELECTION CRITERIA
V. UNAUTHORIZED COMMUNICATIONS
VI. GENERAL CONDITIONS OF THE RFP
VII. EXHIBIT A – DOCUMENTS CHECKLIST
VIII. EXHIBIT B – HUD FORMS
IX. EXHIBIT C – HAPGC FORMS
Attachment 1 – Scope of Services/Work Listed
Attachment 2 – DMV Wage Determination 2015-4281
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REQUEST FOR PROPOSALS
RFP NO. 2026-318 – Property Maintenance & Janitorial Services
The Housing Authority of Prince Georges County (HAPGC) is currently accepting proposals.
Proposals shall be uploaded via link at https://hapgcprocurement.bonfirehub.com and consist of all required items as listed in the solicitation in order to be considered for this RFP.
HAPGC reserves the right to reject any or all proposals. MBE/WBE firms are encouraged to submit proposals.
All questions for the RFP must be submitted in writing and e-mailed to HAPGC, at hapgcprocurement@co.pg.md.us no later than 2:00 p.m. EST on Thursday, April. 16, 2026.
PRE-PROPOSAL MEETING:
CONFERENCE
CALL ONLY
Tuesday, April 14, 2026 at 11:00 a.m. EST
Dial-in Number:
(240) 673-1195
Meeting ID: 12050096
RFP DUE DATE/TIME: Thursday, April 30, 2026 at 4:00 p.m. EST
RFP No. 2026-318-Maintenance & Janitorial Svcs.
9200 Basil Court, Suite 500 Largo, MD 20774
ELECTRONIC SUBMISSION: Bonfire eProcurement Portal link below:
https://hapgcprocurement.bonfirehub.com
Note: Any addendum(s) will be posted & notification via the Portal.
https://hapgcprocurement.bonfirehub.com/ mailto:hapgcprocurement@co.pg.md.us
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I. INTRODUCTION
The Housing Authority of Prince George’s County, Maryland (HAPGC) was established in 1969 to provide Prince George’s County residents with low to moderate incomes with safe, decent, and affordable housing. The HAPGC receives federal funds directly from the U.S. Department of Housing and Urban Development (HUD).
The Contractor is required to follow a comprehensive and systematic approach to Maintenance and Janitorial activities in carrying out the duties of this Contract. The HAPGC is responsible for data input, assignments, schedules, distributions, and closeouts of all work orders.
The standards of Maintenance and Janitorial Services will be consistent with the HAPGC’s objective of providing decent, safe, and sanitary housing at economical cost and having buildings and grounds present an attractive and well-groomed appearance while maximizing the useful life of Authority properties and provide the best services to our residents at all public and assisted housing sites.
The basic function of the Contractor will be to maintain oversight of the physical condition of HAPGC’s facilities, coordinate and supervise Maintenance and Janitorial employees assigned to the contract. Contract duties include but are not limited to day-to-day operations of: mechanical, electrical, plumbing, carpentry, HVAC, appliance repairs and all other systems related to the operation of the facilities. The Contractor is responsible for all aspects of property’s maintenance, including grounds, janitorial, planned, corrective, deferred and emergency maintenance. This includes evictions proceedings, occupied and vacant apartment maintenance.
Vacant apartment maintenance includes cleaning, paint preparations, cleaning and services of appliances and fixtures, carpentry, installation, cleaning and repairing of flooring (i.e., cove base, tile, etc.)
The Contractor shall furnish all necessary labor, supervision, and transportation, to provide Maintenance and Janitorial Services for HAPGC. Contractor shall maintain all HAPGC facilities in a manner which is free from filth and pathogens and enhances the appearance and cleanliness of the site.
The Contractor shall perform all the janitorial services in a quiet, disciplined, orderly manner so as not to disturb employees working in the respective areas, visitors, or the normal operation of the activity being cleaned.
Janitorial services shall apply to all designated spaces including, but not limited to, halls, rest rooms, office spaces, work areas, entryways, lobbies, storage areas, stairways, elevators, computer rooms, mechanical rooms, laundry facilities, vending areas, public rooms, trash rooms, chutes, compactor rooms, and vacant apartments.
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It is HAPGC's intention to solicit proposals, evaluate them, conduct oral presentations with selected Respondent(s), as deemed necessary, verify the information presented, and negotiate the award of a contract to the most responsible and responsive firm(s) whose proposal is most advantageous to HAPGC, with price and other factors considered.
Learn more about the Agency at https://princegeorgescountymd.gov/906/Housing-Authority
II. SCOPE OF SERVICES
A. Scope of Services are listed in Attachment 1
See Scope of Services/Work listed in Attachment 1 for Maintenance and Janitorial Services
III. SUBMISSION PROCEDURES & REQUIREMENTS
Proposal(s) must be submitted no later than April 30, 2026 at 4:00 p.m. est.
Any proposal received after the specified date and time will not be considered. Proposals must be uploaded in the portal on or before the above specified date and time, so please register.
The Portal is time sensitive, so please upload documents in advance to avoid any disruption close to the due time, uploading will cut-off at the exact time due.
The Respondent is required to submit the following information, although HAPGC reserves the right to request additional information upon review of initial submission(s):
A. Information Required in the Proposal
1. Letter of Interest - Executive Summary (TAB 1)
a) Include contact name and address: name, title, email, and telephone to be contacted for clarification or additional information regarding proposals, provide years in business company background (Cover letter).
b) Copies of Certificate of Incorporation, Partnership Agreement, Joint Venture or other organizational document and a corporate resolution, if applicable, signed by the Secretary of the Respondent and notarized, certifying the name of the individual(s) authorized to sign the offer, the contract, and any amendments thereto.
2. Project Experience (TAB 2)
Identify similar or related work performed for public housing authorities or other https://princegeorgescountymd.gov/906/Housing-Authority
6 | P a g e agencies that have been completed to date or is currently active. Include projects completed or currently underway by the responding entity and/or each major participant in the proposal. For each project identified provide: Project name and address; Contact person, title, phone number, email address; detailed description of scope of services/work performed --- (Reference form can be used, as applicable)
3. Project Team/Key Personnel (TAB 3)
Organization chart and bios (resume, key projects) of key team members, capability to perform work/workload capacity. Please profile individuals that will be directly working on this project.
The HAPGC desires personnel to be assigned to this project that has experience in duties listed.
6. Technical Approach/Scope of Services/Work Plan (TAB 4)
Provide a detailed narrative that demonstrates the approach intended for use by the respondent.
a) The Respondent should outline its anticipated approach for each element of work identified in the Scope of Services, a systematic approach for examining systems and internal controls.
b) The approach outlined should be consistent with the objectives and requirements set forth in the RFP and should address how services will be immediately provided upon execution of a contract to include procedures to determine the extent of services/duties listed, as applicable.
6. Fees/Cost/Charges (TAB 5)
Respondent shall provide a detail of all the costs and fees related to personnel, including all applicable staff listed in the RFP to perform applicable duties as listed, and any other cost/fees, reimbursables should be listed to HAPGC’s review.
7. Financial Standings (TAB 6)
Agency/Firm must be in good financial HAPGC can request official documents for verification on financial standing(s). Respondents can provide either of the following items, income statement, balance sheet (last two (2) years), cash flow statement (last two (2) years), accountant’s report (last two (2) years) that agency is in good financial standing(s). Any official documents requested/provided can be clearly marked as “Confidential”.
8. HUD Forms (TAB 7)
Each Respondent must complete the form(s) as provided in Exhibit B.
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9. HAPGC Forms (TAB 8)
Each Respondent must complete the applicable forms as provided in Exhibit C. Additional information on specific forms is included below.
a. Business References: Provide three (3) references from related service providers or agency personnel. Include a brief description of Respondent’s business relationship with the applicant. See form in Exhibit C. (additional pages can be used, as applicable)
b. Minority and Women Business Participation: Proposals submitted in response to this solicitation MUST include an MBE/WBE participation plan which, at a minimum, demonstrates “Best Efforts” have been taken to achieve compliance with MBE/WBE goals.
c. All other applicable forms listed in Exhibit C.
B. Request for Information
Respondents desiring any explanation or further information regarding the solicitation must submit an e-mail request no later than April 16, 2026 @ 2:00pm at hapgcprocurement@co.pg.md.us.
Any addendum, clarification and/ or information will be furnished promptly at https://hapgcprocurement.bonfirehub.com
Evaluation Process
A selection committee comprised of HAPGC staff will review proposals in accordance with this RFP and will recommend to the HAPGC Board of Commissioners the firm(s) most advantageous and supportive of the agency’s needs. The selection committee and/or the Board of Commissioners may at its discretion request interviews with Respondents to discuss specific aspects and clarifications of their proposal(s). The Board of Commissioners and/or the Executive Director may make the final decision.
C. Anticipated Schedule of Events
The anticipated schedule for the RFP and contract approval is as follows:
Event Date
RFP available for distribution April 1, 2026
Pre-Proposal Conference April 14, 2026 @ 11:00 am
Deadline for receipt of written questions April 16, 2026 @ 2:00 pm
Response to written questions April 23, 2026 @ 2:00 pm mailto:hapgcprocurement@co.pg.md.us
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RFP Due Date April 30, 2026 @ 4:00 pm
Estimated Contract Award Date To be determined
HAPGC reserves the right at its sole discretion to amend any or all of the dates associated with the anticipated schedule of events. Check bonfire portal for all applicable addendum(s).
IV. EVALUATION/SELECTION CRITERIA
RFP will be evaluated and rated on, but may not be limited to, the following criteria:
CRITERIA POINTS
Experience/Qualifications in providing listed services 25
Past Performance 25
Organizational Structure/Key Personnel 15
Approach Work Plans 20
Fees/Cost/Charges 15
Total Possible Points 100
Interviews, if desired by HAPGC, maybe used for top ranking Respondent(s)
V. UNAUTHORIZED COMMUNICATIONS
VI. No officer, employee, agent or representative of the Bidder shall have any contact or discussion directly or indirectly through others to seek influence on any HAPGC Board member, and/or employee during this solicitation process. Any violation of this prohibition may result in Bidder being disqualified from the procurement process.
Any oral communications are considered unofficial and non-binding with regard to this solicitation.
To protect the integrity of the procurement process, HAPGC requires all communications regarding this solicitation to be directed to the Procurement Department Only by e-mail as listed in this solicitation.
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VII. GENERAL CONDITIONS OF THE RFP
A. General Conditions
1. LATE SUBMISSIONS WILL NOT BE ACCEPTED OR CONSIDERED.
2. HAPGC reserves the right to accept or reject any and all proposals submitted, either in whole or in whole or in part, with or without cause; to waive any informalities of any proposal; to extend, amend or cancel this RFP at any time; and, to make the award in the best interest of HAPGC.
3. HAPGC reserves the right to request additional information, if needed, from prospective Respondents.
4. In the event it becomes necessary for HAPGC to revise any part of this RFP, revisions will be provided in the form of an Addendum to all prospective Respondents. HAPGC may issue and does require Respondents to acknowledge addendums to the RFP.
Proposals must conform to any addenda that may be issued to this RFP.
5. Proposals that are incomplete or not in conformance with the submission requirements may be eliminated from further consideration. Respondents should note carefully the submission requirements.
6. All proposals submitted in response to this RFP will be considered public information and may be made available to the general public (including news media) unless Confidential and/or Proprietary information is submitted under separate cover and is clearly designated as such.
7. The Respondent shall provide an oral presentation regarding proposal submitted, if requested to do so by HAPGC.
8. Respondents may modify or withdraw a proposal prior to the RFP due date, by an authorized representative of that organization. All submissions will become the property of HAPGC after the RFP Deadline.
9. The Respondent affirms that he/she is of lawful age and that no other person, firm, partnership, or corporation has any interest in this submittal or in the contract proposed to be entered into with HAPGC.
10. The Respondent affirms that its proposal is made without any understanding, agreement or connection with any other person, firm, partnership, or corporation making a submittal for the same purpose and is in all respects fair and without collusion or fraud.
11. The Respondent has carefully read the provisions, terms, and conditions of the RFP document and does hereby agree to be bound thereby.
12. HAPGC reserves the right to make multiple awards from this RFP and also retains the right to negotiate with the selected firm(s).
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13. Additional services and/or service adjustments may be added or deleted during the life of any contract awarded hereunder as mutually agreed upon in writing between HAPGC and Respondent.
14. Respondent must meet HAPGC insurance requirements as requested in the RFP.
15. The Respondent will not offer any gratuity, favor, or anything of monetary value to any officials or employee of HAPGC for the purpose of influencing consideration of a response to this RFP.
16. HAPGC reserves the right to disqualify any proposal(s) that may present a conflict of interest between HAPGC, its employees or Board members, Respondent(s), or parties identified in the proposal.
17. Proposals may NOT be withdrawn for one-hundred twenty (120) days from the RFP due date.
18. Proposed fee is inclusive of all necessary costs to provide the proposed services, including but not limited to; employee costs and benefits; clerical support; overhead;
profit; supplies; materials; licensing; insurance; vehicle fuel, etc. Each fee proposed shall be fully “burdened” with profit and overhead costs.
19. NOTE: All awarded respondent(s) will be checked for Debarment from government contracts, as applicable.
B. Mistakes in Proposals
If a mistake in a proposal is suspected or alleged, the proposal may be corrected or withdrawn during any negotiations that are held. If negotiations are not held, or if best and final offers have been received, the Respondent may be permitted to correct a mistake in the proposal and the intended correct offer may be considered based on the conditions that follow:
1. The mistake and the intended correct offer are clearly evident on the face of the proposal.
2. The Respondent submits written evidence which clearly and convincingly demonstrates both the existing offer, and such correction would not be contrary to the fair and equal treatment of other Respondents.
Mistakes after award shall not be corrected unless the Contracting Officer makes a written determination that it would be disadvantageous to HAPGC not to allow the mistake to be corrected.
The approval or disapproval of requests of this nature shall be in writing by the Contracting Officer.
C. Conflicts of Interest
The Respondent warrants that to the best of his/her knowledge and belief and except as otherwise disclosed, he/she does not have any organizational conflict of interest. Conflict of interest is defined as a situation in which the nature of work under this contract and the Respondent’s organizational, financial, contractual or other interests are such that:
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1. Award of the contract may result in an unfair competitive advantage; or
2. The Respondent’s objectivity in performing the contract work may be impaired. In the event the Respondent has an organizational conflict of interest as defined herein, the Respondent shall disclose such conflict of interest fully in the proposal submission.
3. The Respondent agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Executive Director which shall include a description of the action which the Respondent has taken or intends to take to eliminate or neutralize the conflict. HAPGC may, however, terminate the contract if it is in its best interest.
4. In the event the Respondent was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Procurement Officer, HAPGC may terminate the contract for default.
5. The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the Respondent. The Respondent shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.
6. No member of the HAPGC Board of Commissioners shall be allowed to share any or part of this contract or to derive any benefit to arise there from. This provision shall be construed to extend to this contract if made with a corporation for its general benefit.
7. Any HAPGC official or employee who exercises or has exercised any functions or responsibilities with respect to any HAPGC contract/ procurement activities, or who is in a position to participate in the decision-making process or gain inside information with regards to any HAPGC contract/procurement activities, obtain a financial or economic interest or benefit from the contract/ procurement, or have an interest in any contract or subcontract, or agreement with respect thereto or the proceeds there under, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure with the HAPGC or for one year after such individual leaves HAPGC.
8. HAPGC reserves total discretion to determine the proper treatment of any conflict of interest disclosed under this provision.
D. Indemnity
The Contractor shall indemnify and hold harmless HAPGC staff, its Board of Commissioners for any and all claims, lawsuits, causes of action and liability arising out of the execution, performance, or nonperformance of this Agreement or in connection with the Contractor use of HAPGC premises. The costs of any actions stated herein will be the sole responsibility of the Contractor.
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E. Acceptance of RFP and Contract Terms
Respondent’s submission of a proposal in response to the RFP shall constitute acceptance by the Respondent of the terms and conditions of this RFP. In the event that the Respondent’s proposal is accepted for contract award, the Respondent agrees to enter into a negotiated contract with HAPGC at a later time and date. A licensed qualified selected brokerage firm will be awarded a contract agreement for services from this RFP as deemed necessary by HAPGC.
The contract may be for one (1) year with four (4) year renewal options. All contract extensions must have the mutual consent of all parties and must be requested and accepted in writing. The Respondent must maintain compliance with all federal, state, local laws, and regulations.
F. Contract Award
Subject to the rights reserved in this RFP, HAPGC will award the contract by written notice to the selected Respondent (the “Contractor”). The award of the contract is subject to the approval of the HAPGC Board of Commissioners and/ the Executive Director, and it shall be conditioned on the successful negotiation of revisions, if any, to the RFP, recommended as part of the evaluation of proposals.
A contract shall be awarded in accordance with the terms and conditions of this RFP to the Respondent whose proposal is most advantageous to the HAPGC considering price, qualifications, technical and other factors as specified in this RFP, HAPGC reserves the right to negotiate and award any element of this RFP, to reject any or all proposals or to waive any minor irregularities or technicalities in RFP received as in the best interest of HAPGC. HAPGC can make multiple award(s) as deemed necessary.
G. New Section 3 Rule
Training and Employment Opportunities for Residents (Section 3, 24 CFR Part 75) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for Housing for sustained employment opportunities.
H. Insurance
If a Respondent(s) receives an award and unless otherwise waived in the Contract, the Contractor will be required to provide an original Certificate of Insurance confirming the following minimum requirements to HAPGC within (5) days of contract signature. Certificate of Insurance will be required for the duration of the contract term, including option years:
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Business Automobile Liability Required Limits
HAPGC and its affiliates must be named as an additional insured and as the certificate holder. Must include both owned and un-owned vehicles.
$1,000,000 combined single limit, per occurrence
Workers Compensation and Employer’s Liability Required Limits
Workers’ Compensation coverage is Statutory and has no pre-set limits. Employer’s Liability limit is $500,000 A waiver of Subrogation in favor of HAPGC must be included in the Workers’ Compensation policy.
HAPGC and its affiliates must be named as a Certificate Holder.
Statutory (state limits)
Commercial General Liability Required Limits This is required for any vendor who will be doing hands on work at HAPGC properties. HAPGC and its affiliates must be named as an Additional Insured and as the Certificate Holder.
$ 1,000,000 per accident $ 1,000,000 aggregate
I. No Warranty
Respondents are required to examine the RFP, scope of services, and instructions pertaining to the services requested. Failure to do so will be at the Respondent’s own risk. It is assumed that the Respondent has made full investigation as to be fully informed as to the extent and character of the services requested. No warranty or representation is made or implied as the information contained in this RFP.
J. Expense of RFP Submission
All expenses incurred in the preparation and submission of the RFP to HAPGC in response to this RFP shall be borne by the Respondent.
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VII. EXHIBIT A – DOCUMENTS CHECKLIST
Exhibit A
Documents Checklist
All documents, including this Checklist, should be completed in full and submitted in your submission, as listed in the RFP, or the submission may be considered as non-responsive.
Document Checklist Initial if Included
1. RECEIPT OF ADDENDUM (if applicable)
2. BUSINESS REFERENCES
3. NON-COLUSIVE AFFIDAVIT
4. PROFILE OF FIRM
5. M/WBE FORM
6. CERTIFICATE OF INSURANCE - copy
7. W-9
8. SECTION 3 FORMS, as applicable
I understand that failure to submit all these items may cause my submittal to be considered non-responsive.
Name
Title
Company
VIII. EXHIBIT B – HUD FORMS
1. HUD 5369-B
2. HUD 5369-C
3. HUD 5370-C
17 | P a g e form HUD-5369-B (8/93) ref. Handbook 7460.8
Previous edition is obsolete page 1 of 2
Instructions to Offerors Non-Construction
U.S. Department of Housing and Urban Development Office of Public and Indian Housing
Exhibit B
1. Preparation of Offers
(a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offeror's risk.
(b) Each offeror shall furnish the information required by the solicita-tion. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry.
Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the HA.
(c) Offers for services other than those specified will not be considered.
2. Submission of Offers
(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicita- tion number, and the name and address of the offeror.
(b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraphic notice.
(c) Facsimile offers, modifications or withdrawals will not be consid-ered unless authorized by the solicitation.
3. Amendments to Solicitations
(a) It this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b) Offerors shall acknowledge receipt of any amendments to this solicitation by
(1) signing and returning the amendment;
(2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer,
(3) letter or telegram, or
(4) facsimile, if facsimile offers are authorized in the solicitation.
The HA/HUD must receive the acknowledgment by the time specified for receipt of offers.
4. Explanation to Prospective Offerors
Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective off offerors.
5. Responsibility of Prospective Contractor
(a) The HA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must -
(1) Have adequate financial resources to perform the contract, or the ability to obtain them;
(2) Have a satisfactory performance record;
(3) Have a satisfactory record of integrity and business ethics;
(4) Have a satisfactory record of compliance with public policy
(e.g., Equal Employment Opportunity); and
(5) Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for inspection at the HA/HUD.
(b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional information may render the offeror ineligible for award.
6. Late Submissions, Modifications, and Withdrawal of Offers
(a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it -
(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);
(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HA/ HUD that the late receipt was due solely to mishandling by the HA/HUD after receipt at the HA;
(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term 'working days" excludes weekends and U.S. Federal holidays; or
(4) Is the only offer received.
(b) Any modification of an offer, except a modification resulting from the HA's request for 'best and final" offer (if this solicitation is a request for proposals), is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.
(c) A modification resulting from the HA's request for "best and final" offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the HA after receipt at the HA.
(d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerk to place a hand cancellation bull's.-eye postmark on both the receipt and the envelope or wrapper.
(e) The only acceptable evidence to establish the time of receipt at the HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA.
form HUD-5369-B (8/93) ref. Handbook 7460.8
Previous edition is obsolete page 2 of 2
(f) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.
(g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA will be considered at any time it is received and may be accepted.
(h) If this solicitation is a request for proposals, proposals may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn in person by a offeror or its authorized representative if the identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award. If this solicitation is an Invitation for bids, bids may be withdrawn at any time prior to bid opening.
7. Contract Award
(a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the HA, cost or price and other factors, specified elsewhere in this solicitation, considered.
(b) The HA may
(1) reject any or all offers if such action is in the HA's interest,
(2) accept other than the lowest offer,
(3) waive informalities and minor irregularities in offers received, and (4) award more than one contract for all or part of the requirements stated.
(c) If this solicitation is a request for proposals, the HA may award a contract on the basis of initial offers received, without discussions.
Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint.
(d) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. If this solicitation is a request for proposals, before the offer's specified expiration time, the HA may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counter offer by the HA.
(e) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract.
8. Service of Protest
Any protest against the award of a contract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledg-ment of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor.
9. Offer Submission
Offers shall be submitted as follows and shall be enclosed in a sealed envelope and addressed to the office specified in the solicitation. The proposal shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the offeror, on the face of the envelope.
It is very important that the offer be property identified on the face of the envelope as set forth above in order to insure that the date and time of receipt Is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes identified as proposals and deliver them immediately to the appropriate contracting official, and only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity only through the routine mail delivery procedure.
[Describe bid or proposal preparation instructions here:]
Please note that additional conditions, specifications and instructions pertaining to this RFP are contained within the RFP document issued.
form HUD-5369-C (8/93) ref. Handbook 7460.8 Previous edition is obsolete page 1 of 2
Certifications and Representations of Offerors Non-Construction Contract
U.S. Department of Housing and Urban Development Office of Public and Indian Housing
Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This form includes clauses required by OMB’s common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements set forth in Executive Order 11625 for small, minority, women-owned businesses, and certifications for independent price determination, and conflict of interest.
The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.
1. Contingent Fee Representation and Agreement
(a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:
(1) has, has not employed or retained any person or company to solicit or obtain this contract; and
(2) has, has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.
(b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer.
(c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or
(3) take other remedy pursuant to the contract.
2. Small, Minority, Women-Owned Business Concern Rep-resentation The bidder/offeror represents and certifies as part of its bid/ offer that it:
(a) is, is not a small business concern. “Small business concern,” as used in this provision, means a concern, includ-ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.
(b) is, is not a women-owned small business concern.
“Women-owned,” as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.
(c) is, is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals.
For the purpose of this definition, minority group members are:
(Check the block applicable to you)
Black Americans Asian Pacific Americans Hispanic Americans Asian Indian Americans Native Americans Hasidic Jewish Americans
3. Certificate of Independent Price Determination
(a) The bidder/offeror certifies that—
(1) The prices in this bid/offer have been arrived at indepen-dently, without, for the purpose of restricting competi-tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or
(iii) the methods or factors used to calculate the prices offered;
(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be-fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition.
(b) Each signature on the bid/offer is considered to be a certifi-cation by the signatory that the signatory:
(1) Is the person in the bidder/offeror’s organization respon-sible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subpara-graphs (a)(l) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above (insert full name of person(s) in the bidder/offeror’s organization responsible for determining the prices of-fered in this bid or proposal, and the title of his or her position in the bidder/offeror’s organization);
(ii) As an authorized agent, does certify that the princi-pals named in subdivision (b)(2)(i) above have not par-ticipated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and form HUD-5369-C (8/93) ref. Handbook 7460.8 Previous edition is obsolete page 2 of 2
(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.
(c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.
4. Organizational Conflicts of Interest Certification
(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor’s organizational, fi-nancial, contractual or other interest are such that:
(i) Award of the contract may result in an unfair competi-tive advantage;
(ii) The Contractor’s objectivity in performing the con-tract work may be impaired; or
(iii) That the Contractor has disclosed all relevant infor-mation and requested the HA to make a determination with respect to this Contract.
(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo-sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA.
(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default.
(d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract.
5. Authorized Negotiators (RFPs only) The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators):
6. Conflict of Interest In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure-ment, as described in the clause in this solicitation titled “Orga-nizational Conflict of Interest.”
7. Offeror's Signature The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.
Signature & Date:
Typed or Printed Name:
Title:
Section I - Page 1 of 6 form HUD-5370-C (01/2014)
U.S. Department of Housing and Urban General Conditions for Non-Construction Contracts Section I – (With or without Maintenance Work)
Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp.
3/31/2020)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.
20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.
Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:
proposal submitted before final payment of the contract.
(d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the
1) Non-construction contracts (without maintenance) contract as changed.
greater than $105,000 - use Section I; (e) No services for which an additional cost or fee will be
2) Maintenance contracts (including nonroutine charged by the Contractor shall be furnished without the maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $150,000 - use Section II; and
3) Maintenance contracts (including nonroutine maintenance), greater than $150,000 – use Sections I and II.
Section I - Clauses for All Non-Construction Contracts greater than $150,000
1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority.
(b) "Contract" means the contract entered into between the
Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change prior written consent of the HA.
3. Termination for Convenience and Default
(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process.
(b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to Order, or other modification. fulfill its obligations under the contract (default), the HA may
(c) "Contractor" means the person or other entity entering into (i) require the Contractor to deliver to it, in the manner the contract with the Authority to perform all of the work and to the extent directed by the HA, any work as required under the contract. described in subparagraph (a)(ii) above, and compensation
(d) "Day" means calendar days, unless otherwise stated.
(e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary.
be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor.
2. Changes (d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed,
(a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above.
performed or supplies to be delivered. (e) Any disputes with regard to this clause are expressly made
(b) If any such change causes an increase or decrease in the subject to the terms of clause titled Disputes herein.
hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly.
(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a
4. Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States, or any of their…
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