1-HRIS RFP 2025 DRAFT 34 HRIS V2.docx

SAMPLE ACORD CERTIFICATE

REQUEST FOR PROPOSALS

FOR

Human Resource Information System

(RFP-2025-34)

Issued by:

DHA, Housing Solutions for North Texas 3939 N. Hampton Rd.

Dallas, TX 75212

August 22, 2025

REQUEST FOR PROPOSALS

RFP-2025-34

DHA, Housing Solutions for North Texas, is requesting proposals from qualified firms to provide a Human Resource Information System.

Proposal submission documents for this RFP may be downloaded from DHA’s Website: https://dhantx.bonfirehub.com/portal/?tab=openOpportunities beginning August 22, 2025.

Responses to this RFP must be submitted to DHA electronically through the online portal at Website: https://dhantx.bonfirehub.com/portal/?tab=openOpportunities by 2:00 p.m. Central Time on September 23, 2025. Mailed bids or delivered bids, including Facsimile transmission, and emails will not be accepted.

For more information, call Kenneth Duke (214) 951-8452 between the hours of 8:00 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 12:00 p.m. on Friday. Questions shall be submitted through the online portal at Website: DHA, Housing Solutions for North Texas (bonfirehub.com).

DHA RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS OR TO WAIVE ANY INFORMALITIES IN THE PROPOSALS. DHA WILL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, FAMILIAL STATUS, OR AGE. EQUAL HOUSING OPPORTUNITY.

TABLE OF CONTENTS

REQUEST FOR PROPOSALS 2

I. INTRODUCTION 4

II. SCOPE OF SERVICES 4

III. PROPOSALS SUBMISSION PROCEDURES………………………………………………….5

IV. EVALUATION / SELECTION CRITERIA……………………………………………………….7

V. GENERAL CONDITIONS OF THE RFP 8

Exhibit B: Forms (Completed forms to be submitted with the qualification)

a) Business References

b) Non-Collusive Affidavit

c) Conflict of Interest Questionnaire

d) Profile of Firm

e) Minority Business Status

f) Section 3 Program Certification

g) Equal Employment Opportunity

h) HUD Form 50071

i) CERT OF COMPLIANCE TX GOVT CODE 2271 & 2274

i

I. INTRODUCTION

Dallas Housing Authority (DHA), Housing Solutions for North Texas is the 10th largest public housing agency in the nation. We provide affordable housing to more than 53,500 individuals across seven counties through the Housing Choice Voucher (Section 8) program and public rental housing communities. We are seeking to identify and implement an integrated HRIS system with the following tools: Applicant Tracking System (ATS), Onboarding, Timekeeping, Benefits Enrollment and Administration, Payroll Processing, Labor Allocation and PTO tracking, serving as the agent electronically funding bi-weekly garnishments and tax deposits, and filing monthly/quarterly/annual tax, unemployment and new hire reports.

II. SCOPE OF SERVICES

Proposer shall describe in detail how it will fulfill the Feature Requirement as described in each of the following sections.

Key business goals

We are seeking to gain operating efficiencies in our Human Resources and Finance departments, eliminate dual recordkeeping in different systems, automate regulatory filings and deposits, and create ease of use and transparency of data for end users, including employees, management, and applicants alike. Compliance and security are also priorities as we move forward with our vendor of choice.

Company overview

Our Mission is to provide affordable quality housing and access to supportive resources across North Texas. We strive to create housing solutions in healthy, inclusive communities that offer economic, educational and social growth opportunities. Our core market from a geographical standpoint is Dallas, Texas, but we also serve surrounding communities with our voucher program. Our main headquarters is located at 3939 N Hampton Rd, Dallas, TX 75212, with 250 staff working across 20 properties in the metro DFW area. We are currently a single state employer but must have the capability to handle remote staff in other locations beyond Texas.

Industry overview

We are a governmental state and federally funded entity. With that, there are some security requirements related to the use of personal devices for government business that we may need some assistance complying with when we move to a cloud-based HRIS system.

Project implementation timeline DHA anticipated implementation timeline includes a go-live date of January 2026

Key deliverables ATS, Onboarding, Timekeeping, Benefits Enrollment and Administration, and Payroll Processing, including tax deposits and regulatory reporting. The ability to access via an app and integration of artificial intelligence (AI) features are a plus.

Current HRIS We currently do not have an integrated HRIS, but we use four systems for ATS, Onboarding, Benefits, Timekeeping, and Payroll There are feeds set up to three benefits providers. We need the payroll data to be integrated via API or exportable from the HRIS into our accounting system for reporting purposes.

Current hardware and systems We currently have physical timeclocks, which may need to be replaced if we move to a new HRIS platform.

HRIS Requirements Feature requirement: Talent Management: Recruitment & Onboarding

· Priority:

Talent Management

Recruitment

Onboarding

· Timing: Out of the box

· Reason: Ease of use for our candidates for employment, creating an employment file from an application, ease of use for our recruiting and HR teams.

· Integration requirements: Integrate with background checks provider.

Feature requirement: Benefits Management – Enrollment & Administration

· Priority

Benefits Management

· Reason: Ease of use for our employees, payroll, and HR representatives

· Integration requirements: Integrate with our Providers.

Feature requirement: Time & Attendance

· Priority:

Time & Attendance

· Reason: Ease of use for our managers, employees, payroll, HR representatives

· Integration requirements: seamless integration with payroll module, no exporting/importing, automatic feed

Feature requirement: Payroll

· Priority:

Payroll

· Reason: Ease of use for our payroll team, transparency for our end users (employees),

· Integration requirements: Integrate or provide journal export with ERP for accounting purposes

Feature requirement: Employee & Manager Self-Service

· Priority

Self service

Employee self service

Manager self service

· Reason: Eliminate manual paperwork from HR’s plate, create efficiencies, ensure records are updated at all times.

· Integration requirements: Feed data updates like address changes to carriers/our providers

Feature requirement: HR Analytics / Reporting Functionality

· Priority:

HR Analytics

· Reason: Minimize manual reporting for HR and Finance, create efficiencies, easily audit data

· Integration requirements: None

III. QUALIFICATION SUBMISSION PROCEDURES

Proposals submitted in response to this request shall minimally include:

1. Cover Letter and Introduction

a. A letter of introduction, which includes the name, address, telephone number, and email address of the contact person (s) authorized to represent the firm. This letter should convey interest and a summary of the firm’s understanding of the scope of work. The letter should be signed by an officer of the firm authorized to bind the firm to all commitments made in the response.

2. The proposer should address these questions in their technical response:

· Please provide proof of your company’s financial stability.

· Tell us about your company and how you have grown, specifically, through acquisitions of software companies or organic/native growth?

· Please provide full details of key vendor personnel / implementation team (skillsets, experience, etc.).

· Have you encountered any data breaches?

· Please describe your cloud backup capability, disaster recovery and cybersecurity procedures.

· Please provide your most recent SOC report and bridge letter(s).

· Please provide a copy of your SLA and average system uptime.

· Describe how you notify clients of upcoming maintenance.

· Describe how you handle implementation, training and ongoing customer service assistance to the employer.

· Describe how you protect PII data entered in the system for applicants and employees.

3. System pricing

a. Provide a full cost breakdown, including licensing, support, customization, maintenance and consultancy. Detail if costs are per employee, payroll, month, etc. by type. The pricing must cover a five year period broken out by year and major category noting the type of charge.

4. References

a. Please provide least two references from companies similar to ours, including name and details of key contacts so we can follow up.

A. Submission Package

Offeror must submit electronically through the online portal at Website: https://dhantx.bonfirehub.com/portal/?tab=openOpportunities by 2:00 p.m., on September 23, 2025. Mailed bids or delivered bids including Facsimile transmission and emails will not be accepted.

B. Request for Information

Proposers desiring any explanation or further information regarding this RFP must submit Request for Information (RFI) in writing no later than 2:00 p.m. on September 11, 2025. The request must be submitted through the online portal at Website: https://dhantx.bonfirehub.com/portal/?tab=openOpportunities. Any clarification and or information will be furnished promptly as a written addendum to the RFP by September 16, 2025 and will be posted on dhantx.bonfirehub.com.

C. Evaluation Process

A selection committee composed of DHA staff will review Proposals in accordance with this RFP. The selection committee may at its discretion request oral interviews with the qualified firms to discuss specific aspects of their Proposals.

D. Anticipated Schedule of Events

The anticipated schedule for RFP is as follows:

August 22, 2025

The Dallas Housing Authority reserves the right at its sole discretion to amend any or all dates associated with the anticipated schedule of events.

V. EVALUATION / SELECTION CRITERIA

Proposals will be evaluated using the following criteria:

ABILITY TO MEET DHA FEATURE REQUIREMENTS LISTED IN THE SOW

· Talent Management: Recruitment & Onboarding

· Benefits Management – Enrollment & Administration

· Time & Attendance

· Payroll

· Employee & Manager Self-Service

· HR Analytics / Reporting Functionality

RESPONSE TO TECHNICAL QUESTIONS:

· Company’s financial stability.

· Tell us about your company and how you have grown, specifically, through acquisitions of software companies or organic/native growth?

· Key vendor personnel / implementation team (skillsets, experience, etc.).

· History of data breaches

· Cloud backup capability, disaster recovery and cybersecurity procedures.

· SOC report and bridge letter(s).

· SLA and average system uptime.

· Proceedure on communicating to clients of upcoming maintenance.

· Implementation, training and ongoing customer service assistance to the employer.

· Protection of PII data entered in the system for applicants and employees.

SYSTEM PRICING

· Provide a full cost breakdown, including licensing, support, customization, maintenance and consultancy. Detail if costs are per employee, payroll, month, etc. by type. The pricing must cover a five year period.

REFERENCES

Interviews, if desired by DHA, will be used to identify the top-ranking firm.

VI. GENERAL CONDITIONS OF THE RFP

A. General Conditions

1. DHA reserves the right to accept or reject any and all Proposals submitted, either in whole or in part, with or without cause; to waive any informalities of any Proposals; to cancel this RFP; and, to make the award in the interest of DHA.

1. DHA reserves the right to request additional information, if needed, from prospective contractors.

1. In the event that it becomes necessary for DHA to revise any part of this RFP, revisions will be posted on DHA website.

1. 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.

1. The Proposer shall provide a presentation if requested to do so by DHA.

1. The Proposer 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.

1. The Proposer affirms that its Proposals 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.

1. DHA may award one or more contracts for services under this RFP.

1. The Proposer has carefully read the provisions, terms, and conditions of the proposal document and does hereby agree to be bound thereby.

1. DHA retains the right to negotiate with the selected firm.

1. 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 DHA and proposer.

1. The Proposer must meet DHA’s insurance and indemnification requirements set forth herein in the attached sample contract.

B. Acceptance of RFP and Contract Terms

Proposer's submission of a qualification in response to the RFP shall constitute acceptance by the Proposer of the terms and conditions of this RFP. In the event that the Proposer's qualification is accepted for contract award; the Proposer agrees to enter into a contract with DHA in a form substantially similar to the contract form appended hereto as Exhibit C.

C. Contract Award

Subject to the rights reserved in this RFP, DHA will award the contract by written notice to the selected Proposer (the "Contractor"). The award of the contract is subject to the approval of DHA Contract Administrator and it shall be conditioned on the successful negotiation of revisions, if any, to the proposal, recommended as part of the evaluation of Proposals.

D. No Warranty

Proposers are required to examine the RFP, scope of services, and instructions pertaining to the services requested. Failure to do so will be at the Proposer's own risk. It is assumed that the Proposer 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 to the information contained in this RFP.

E. Expense of RFP Submission

All expenses incurred in the preparation and submission of the Proposals to DHA in response to this RFP shall be borne by the Proposer.

EXHIBIT A

a) INSTRUCTIONS TO OFFERORS NON-CONSTRUCTION HUD-5369-B

b) GENERAL CONDITIONS FOR NON-CONSTRUCTION CONTRACTS HUD-5370-C Section I

c) MINORITY PARTICIPATION AND SECTION 3 REQUIREMENTS

RFP – Public Relations Services

DHA ● Procurement Department ● 3939 N. Hampton Road ● Dallas, TX 75212

Instructions to Offerors Non-Construction US. Department of Housing and Urban Development Office of Public and Indian Housing - 03291-

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 offerors' risk.

(b) Each offeror shall furnish the information required by the solicitation. 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 agents 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 solicitation number, and the name and address of the off error.

(b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraph notice.

(c) Facsimile offers, modifications or withdrawals will not be considered unless authorized by the solicitation.

3. Amendments to Solicitations

(a) lf 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 forth is purpose on the form for submitting an offer,

(3) Letter or telegram, or

(4) facsimile, if facsimile offers are authorized in the solicitation. The HAJHUD 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 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 HAMUD.

(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 HAl HUD that the late receipt was due solely to mishandling by the HAIHUD 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 an 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 bulls-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.

(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 US. 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 pace a legible hand cancellation bulls-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 an offeror or its authorized representative if the entity 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 counteroffer by the HA.

(a) 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 acknowledgment 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 properly 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:]

General Conditions for Non-Construction Contracts Section I – (With or without Maintenance Work)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 11/30/2023) HUD-5370-C Section I 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:

1) Non-construction contracts (without maintenance) greater than $150,000 -use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.100) 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 Order, or other modification.

(c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract.

(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.

2. Changes

(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 performed or supplies to be delivered.

(b) If any such change causes an increase or decrease in the 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 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 contract as changed.

(e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the 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 fulfill its obligations under the contract (default), the HA may

(i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation 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.

(d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, 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.

(e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein.

4. Examination and Retention of Contractor's Records

(a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000.

(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:

(i) appeals under the clause titled Disputes;

(ii) litigation or settlement of claims arising from the performance of this contract; or,

(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions.

5. Rights in Data (Ownership and Proprietary Interest) The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.

6. Energy Efficiency The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.

7. Disputes

(a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this clause.

(b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA.

(c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive.

(d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction.

(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.

8. Contract Termination; Debarment A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part 24.

9. Assignment of Contract The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.

10. Certificate and Release Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.

11. Organizational Conflicts of Interest

(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 this contract and a contractor's organizational, financial, contractual or other interests are such that:

(i) Award of the contract may result in an unfair competitive advantage; or

(ii) The Contractor's objectivity in performing the contract work may be impaired.

(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the 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 Contracting Officer, the HA may terminate the contract for default.

(d) The terms 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 prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

12. Inspection and Acceptance

(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor.

(b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA.

(c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received.

13. Interest of Members of Congress No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

15. Limitation on Payments to Influence Certain Federal Transactions

(a) Definitions. As used in this clause: "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal Action" means any of the following Federal actions:

(i) The awarding of any Federal contract;

(ii) The making of any Federal grant;

(iii) The making of any Federal loan;

(iv) The entering into of any cooperative agreement; and,

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment;

(ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.;

(iii) A special Government employee as defined in section 202, title 18, U.S.C.; and,

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2.

“Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition.

(i) Section 1352 of title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(ii) The prohibition does not apply as follows:

(1) Agency and legislative liaison by Own Employees.

(a) The prohibition on the use of appropriated funds, in paragraph (i) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federal action.

(b) For purposes of paragraph (b)(i)(1)(a) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for any covered Federal action:

(1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and,

(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(d) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action:

(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments.

(e) Only those activities expressly authorized by subdivision (b)(ii)(1)(a) of this clause are permitted under this clause.

(2) Professional and technical services.

(a) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply in the…