1-RFP 2026-23 Plumbing Repair and Maint Services.docx

SAMPLE ACORD CERTIFICATE

REQUEST FOR PROPOSALS

FOR

PLUMBING REPAIR AND MAINTENANCE SERVICES

(Project # RFP-2026-23)

Issued by:

DHA

3939 N. Hampton Rd.

Dallas, TX 75212

June 9, 2026

REQUEST FOR PROPOSALS

RFP-2026-23

DHA, Housing Solutions for North Texas, is requesting competitive sealed Proposals from qualified Companies to perform Plumbing repair and maintenance services in Dallas, Texas (DHA Project # RFP-2026-23).

Requirements for submission of a proposal in response to this RFP may be downloaded from DHA’s online bidding platform at https://dhantx.com/business-partners/procurement/

Responses to this RFP must be submitted to DHA electronically through the online portal at https://dhantx.bonfirehub.com/portal/?tab=openOpportunities on June 9, 2026 . Mailed, emailed or delivered submissions including Facsimile transmission and emails will not be accepted.

All sealed responses to this RFP must be submitted to DHA’s online bidding platform at https://dhantx.com/business-partners/procurement by the specified time. Any Proposals received after 2:00 p.m., on July 9, 2026 will be rejected.

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

V. PRICING 11

V. GENERAL CONDITIONS OF THE RFP

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

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

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

Exhibit C:

a) Sample Contract For Services

b) Sample Certificate of Insurance i

I. INTRODUCTION

DHA is a body, politic and corporate, organized under the laws of the State of Texas and is a political subdivision of the State of Texas. DHA administers a number of federally funded affordable housing programs for low-income families and individuals.

DHA is seeking proposals from professional, qualified and experienced firms to perform Plumbing repair and maintenance services throughout DHA properties. The selected firm/s must have specific demonstrated experience providing the services described in this Request for Proposals.

DHA anticipates entering into a three-year contract with the selected firm(s) with options for two one-year extensions.

II. PROPOSAL SUBMISSION PROCEDURES

In connection with this RFP, interested Firms must submit electronically at:

https://dhantx.bonfirehub.com/portal/?tab=openOpportunities.

At a minimum, the response document shall contain all the information requested in this RFP. Proposals shall be submitted no later than 2:00 p.m., July 9, 2026. Any proposal received after the specified date and time will not be considered.

A. Submission Requirements

INTERESTED APPLICANTS MUST RESPOND WITH:

1. Detailed description of how proposed services will be provided.

2. Listing of the deliverables (if any) that DHA will receive.

3. Provide written evidence of the firm's ability to perform the services.

4. Summary profiles of the firm's principals, staff, and associates who will be working on this contract.

5. Fixed Price cost to provide the proposed services.

B. ELIGIBILITY TO SUBMIT PROPOSAL

In order to be considered eligible to submit a proposal, each company must submit written evidence with its proposal, demonstrating that it fulfills the following eligibility criteria:

1. The Proposer must have a minimum of five-years experience providing Plumbing repair and maintenance services to commercial and residential customers.

2. A minimum of 5 references with telephone numbers of companies where work has been performed.

3. A certification statement that the firm is not debarred, suspended, or otherwise prohibited from professional practice by any federal, state, or local agency.

C. REQUEST FOR INFORMATION

Proposers desiring any explanation or further information regarding this solicitation must submit request through https://dhantx.bonfirehub.com/portal/?tab=openOpportunities no later than 2:00 PM, June 30, 2026. Questions received after this date and time may not be considered. Any clarification and or information will be furnished promptly as a written addendum to the RFP by July 3, 2026. Only questions answered in writing by DHA will be binding.

D. Anticipated Schedule of Events The anticipated schedule for the RFP and contract approval is as follows:

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

SECTION III - EVALUATION PROCESS / SELECTION CRITERIA

Evaluation Process A selection committee composed of DHA staff will review proposals in accordance with this RFP and will select the firm scoring the most points. The selection committee may at its discretion request interviews with proposers to discuss specific aspects of their proposal.

Evaluation Criteria Proposals will be evaluated using the following criteria as a measure of the respondents' ability to provide the services:

PRICING:

a) Pricing should be indicated on the written proposal as fees / rates to be paid for each service rendered.

b) Any alternative means of payment should be in addition to, not in lieu of, fees requested above.

EXPERIENCE

a) State how many years of experience your company has had providing Plumbing Repair Service for Commercial and Residential Customers.

b) State the number of Master Plumbers, Journeyman Plumbers, and Apprentice Plumbers you currently employ and the average number of years all have currently worked for you.

c) State the number of office and administrative personnel that you currently employ and the average number of years all have currently worked for you.

d) State the number of Subcontractors that you currently work with on a regular basis.

e) Explain in detail your experience in overseeing Railroad Commission Programs and Audits.

f) List your experience in providing plumbing repair and maintenance services to other Housing Authorities, Federal, State or Local Government Entities.

CUSTOMER SERVICE & PERSONNEL ISSUES

a) Explain in detail the screening process you employ when you hire new staff.

b) Explain in detail how you assign staff to particular areas or property(ies).

c) Describe in detail your methods and procedures for handling complaints from the people you serve, including the tenants, residents and occupants of the property(ies) on which you serve.

d) Explain your procedure for handling after-hours calls.

e) State whether your business is a minority-owned, woman-owned, HUB (Historically Underutilized Business) or Section 3 business concern and attach a copy of your certificate, if available.

f) State the number of Service Vehicles that you currently have in your fleet.

g) List all specialized equipment owned which is used for Plumbing Repair Service.

h) Submit an Organizational Chart.

SECTION 3 BUSINESS CONCERN:

Section 3 means section 3 of the Housing and Urban Development Act of 1968 that states:

“A Section 3 Business Concern means a business concern, as defined in 24 CFR, Section 135:

a) That is 51 percent or more owned by Section 3 residents; or

b) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; or

c) That provides evidence of a commitment to subcontract in excess of 25 percent Of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) of this definition of “section 3 business concern.”

SECTION IV - SCOPE OF SERVICES

Contractor shall provide all labor, materials, equipment, supplies, and transportation necessary to perform Plumbing repair and maintenance services throughout all DHA properties, administrative and recreational sites. The Contractor shall ensure that all materials, tools, supplies, and equipment utilized to fulfill the requirements of the scope of work are maintained in safe and proper working order.

A. Contractor shall possess and maintain a current, valid Master Plumber License throughout the entire term of the contract and any extensions periods.

B. All plumbing services (except Railroad Commission Gas Program) shall be completed only upon the request and approval of a DHA Official.

C. Contractor shall ensure DHA’s compliance with the Railroad Commission’s Gas Program. Duties and responsibilities under the Railroad Commission’s Gas Program shall include but may not be limited to:

i. Document, and schedule annual services.

ii. Facilitate and conduct Audits.

iii. Contractor must have experience as a Natural Gas Master Meter Operator.

iv. Contractor shall respond to all leak complaints, and patrol areas.

v. Perform sniff tests, check relief valves, and check distribution systems.

vi. Update and maintain Railroad Commission Gas Program documentation at a central location. All Railroad Commission Gas Program documentation shall be made immediately accessible and available for review by DHA, upon the request of DHA Officials.

vii. All the original Railroad Commission Gas Program documentation shall be submitted to DHA’s compliance department no later than the 30th day of each month.

viii. Contractor must meet with DHA officials to determine schedules for starting and completing any required work or inspections under the Railroad Commission’s Gas Program. DHA shall make the final determination regarding any start or completion dates for work to be performed under the Railroad Commission Gas Program.

D. Contractor shall perform repair services for all plumbing systems, material and appurtenances, both existing and new in accordance with current industry standards, means and methods. Services may include but may not be limited to: sewer systems, storm drains, water lines and valves, gas valves, gas lines, venting systems, slab leaks, sump pumps, underground lines, horizontal and vertical lines.

E. Contractor shall perform Boiler Repair and Replacement (approx. 50-Boilers @ 90-100 gals., 199,000 btu).

F. Perform Valve checks to include if necessary repair, replacement, and certification.

G. Locate Water, Sewer, Storm and Gas Leaks.

H. The Contractor shall ensure that all required Codes and compliances are met upon the installation and repair of DHA plumbing systems.

I. Contractor shall provide DHA with a list of licenses and certifications of personnel that will be working on DHA properties. All such licenses and certifications must be kept current and valid throughout the entire term of the contract and any extensions periods.

J. Contractor will be responsible for obtaining all required permits, certifying all test valves, and coordinating all inspections with the City of Dallas.

K. Contractor may be required to perform inspections and PM’s (preventive maintenance) at various DHA locations.

L. Contractor may be required to work with and consult with DHA Regional Managers, Maintenance Supervisors, and Employees regarding plumbing issues.

M. Contractor shall respond to DHA’s Emergency calls within one-hour of receipt of notification, seven days a week.

N. Contractor shall pull all permits and perform inspections for jobs that involve construction, enlargements, additions, alterations, repairs, removal and / or improvements on any DHA buildings as well as coordinate all work that requires a permit through the City of Dallas.

O. The Contractor will be responsible for all record keeping. Contractor shall provide DHA a duplicate copy of all records pertaining to DHA properties.

P. The Contractor shall provide a monthly report to Regional Managers and Maintenance Supervisors of all special projects and preventive maintenance services that are conducted during a 30-day period.

Q. Contractor shall assume responsibility for all safety and work in place. Any area damaged as a result of work order or service request, in any manner, is the responsibility of the Contractor to repair or replace items to new conditions at no cost to the Owner.

R. Contractor will be responsible to ensure all service work meets or exceeds NSPIRE guidelines.

S. DHA at its sole discretion may provide materials associated with the removal, repair, and improvement of any DHA properties.

T. Contractor must be available 7 days a week and after hours to handle emergency calls.

U. Contractor must posses the ability to perform all services under the “Scope of Work” V. Contractor shall perform Gas Water Heater Replacement.

W. Contractor shall locate underground plumbing leaks (repair of any underground plumbing leak may be made only upon the approval of a DHA Official).

X. DHA reserves the right to add or delete services and / or properties (includes administrative and recreational buildings) as needed throughout the entire term of the contract and any extensions periods. Appropriate adjustments to the contract based on the unit pricing furnished at the time of proposal, shall be made for any additions and / or deletions.

Y. Contractor shall be responsible to provide detailed scopes of service specific to each service request. It should include cost estimate and duration of time to complete.

Z. Contractor must provide satisfactory documentation to support all change orders for DHA to review and approve prior to any deviations from the original work order or service request.

AA. Contractor shall provide estimates that include TURNKEY service. All services shall be built, supplied, and/or installed complete and ready for operation.

AB. Release of payment will not be issued without an inspection and acceptance of work from a DHA representative. Acceptance of Work is subject to a one-year workmanship warranty in addition to any other product warranties. DHA reserves the right to exted the workmanship warranty if there is cause to do so.

AC. Contractor must invoice each DHA property on a separate invoice every month. Each invoice must contain a purchase order number which will be provided by each property. The contractor shall provide each property with a copy of the invoice and send the original invoice for the property to:

DHA

Accounts Payable 3939 N. Hampton Road Dallas, TX. 75212

SECTION V - PRICING

MASTER PLUMBER RATES:

Master Plumber (Normal Business Hrs.)

Master Plumber (After Normal Business Hrs.)

Master Plumber (Emergency Calls)

JOURNEYMAN PLUMBER RATES:

Journeyman Plumber (Normal Business Hours)

Journeyman Plumber (After Normal Business Hrs.)

Journeyman Plumber (Emergency Calls)

APPRENTICE PLUMBER RATES:

Laborer (Normal Business Hours)

Laborer (After Normal Business Hrs.)

Laborer (Emergency Calls)

SECTION V – PRICING (continued)

STANDARD CHARGES AND MARKUP:

Notes:

1. If Contractor has to perform additional work to any Water Heater so that it meets current Federal, State, City, or Local Codes, additional work shall be billed in accordance with the rates listed in the table titled “Master Plumber Rates and “Standard Charges and Markup”.

2. *Mark-up is calculated using the actual price paid for the part plus the percentage indicated in the table titled “Standard Charges and Markup”.

EQUIPMENT CHARGES:

**Note: Favorable consideration may be given to contractor that owns a Mini Backhoe.

RFP – Plumbing repair and maintenance services

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

SECTION 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 Proposal; 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 provided to all prospective contractors who picked up or were delivered the initial RFP, providing a name, address, telephone number, fax number, and e-mail address have been provided to DHA.

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 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.

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 or firms.

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 proposal 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 proposal 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/s by written notice to the selected Proposer/s (the "Contractor"). The award of the contract/s 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.

F. Participation by Minority and Women-Owned Businesses It is the policy and practice of DHA to maximize the meaningful participation of minority and women owned businesses in the procurement of goods and services. DHA strongly encourages all Proposers to develop creative responses to this RFP that make use of joint ventures, partnerships, and other "team" approaches to the delivery of the services being offered in this RFP. DHA places a high value on the Proposer's approach to maximizing the meaningful participation of women and minority businesses. The proposal should explain in detail how any proposed team approach, partnership, and/or joint venture will be structured, what the proposed distribution of work and fee will be, and what the specific roles and work tasks of each partner will be. DHA reserves the right to require documentation supporting claimed minority and/or women-owned business enterprise status.

G. Section 3 Participation Section 3 is a Housing and Urban Development (HUD) requirement that helps create employment for low-income persons. It provides contracting opportunities for businesses that are owned by residents or companies that provide jobs and other economic opportunities to low-income persons, particularly public housing residents. Section 3 is a means by which HUD fosters local economic development, neighborhood economic development and improvement and individual self-sufficiency. Under Section 3 of the HUD Act of 1968, wherever HUD financial assistance is given for housing and community development, to the greatest extent feasible, economic opportunities will be given to residents and businesses in the area. This assistance includes job training, employment and contracts. Firms are encouraged to assemble a team that hires, to the extent possible, DHA residents or other eligible persons for within the community.

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

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 cove 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. 01/31/2017) 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 $100,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 – use Sections I and II.

Section I - Clauses for All Non-Construction Contracts greater than $100,000

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. 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,…