1-RFP-Request-for-Proposal-for-Legal-Services-27.pdf

Housing Authority of Prince George's County, Maryland

REQUEST FOR PROPOSALS FOR LEGAL SERVICES

RFP #2026-02

Issue Date: January 6, 2026

Proposal Due Date: February 5, 2026

Time Due: 4:00 P.M. EST

HOUSING AUTHORITY OF PRINCE GEORGE'S COUNTY

REQUEST FOR PROPOSALS FOR LEGAL SERVICES

1. INTRODUCTION

The Housing Authority of Prince George's County ("HAPGC") is soliciting proposals from experienced law firms and solo practitioners to provide legal services for the Housing Authority of Prince George's County. The purpose of this solicitation is to retain law firms and/or solo practitioners to provide legal services to HAPGC in the following areas: Landlord and Tenant Law; Construction/Real Estate Law; Civil Rights/Constitutional Law; Administrative Law; Appellate Law; Contract Law;

General Civil Litigation; Public Sector Law; and Affordable and Fair Housing Law.

Respondents must provide evidence of qualifications and experience necessary to adequately and competently represent and advise HAPGC in the fields specified above, and qualifications and experience necessary to adequately provide general legal services. The selected Respondent firms must also demonstrate knowledge and expertise in law related to the areas of litigation, legal services, or transactions described herein. Experience representing public entities is advantageous. Additional requirements and information concerning this solicitation are contained in the following sections of the Request for Proposals (RFP) to allow each Respondent firm an opportunity to respond in an acceptable and timely manner.

2. PROFILE OF THE HOUSING AUTHOIRTY OF PRINCE GEORGE'S COUNTY

• HAPGC was created in 1967 pursuant to the Housing Authority laws of the State of Maryland.

• HAPGC is a corporate body politico governed by 7 Board of

Commissioners appointed by the County Executive.

• HAPGC owns and manages 376 units of public housing and manages 20 units of nonpublic housing.

• HAPGC administers a Housing Choice Voucher Program with 5986 vouchers.

• HAPGC has a total budget of approximately $113 Million.

3. PROPOSAL CLOSING DATE

Proposals shall be uploaded via link at https://hapgcprocurement.bonefirehub.com and consist of all required items as listed in the solicitation to be considered responsive to this RFP. All proposals must be submitted electronically through the HAPGC Bonfire procurement portal. Proposals submitted by mail, email, fax, or any other means will not be accepted. All submissions must be submitted no later than 4:00 PM EST on Friday, January 23, 2026.

Nicole G. Garrett Acting Interim Executive Director Attn: Charlene Wills

Housing Authority of Prince George’s County 9200 Basil Court, Suite 500

Largo, Maryland 20774

Any proposal received after the specified date and time will not be considered. Proposals must be delivered in the form specified no later than the date and time listed in the RFP.

4. QUESTIONS AND INQUIRIES

All questions and inquiries must be submitted via email to Charlene Wills at cswills@co.pg.md.us, and received by HAPGC no later than Tuesday, January 20, 2026 by 2:00pm.

5. PROPOSAL ACCEPTANCE

HAPGC reserves the right to accept or reject any and all proposals, in whole or in part, received as a result of this solicitation and to waive minor irregularities. Further, HAPGC reserves the right to make an award or no award at all. Finally, HAPGC reserves the right, if it is in the best interest of HAPGC, to cancel this solicitation or to reject any proposal for any reason.

6. TERM OF CONTRACT

The period of performance for the contract for legal services shall be for an initial period of 2 years commencing upon HAPGC’s Notice to Proceed, with an option of three (3) additional one

(1) year renewal period, for a maximum total contract term of 5 years, based on satisfactory performance and mutual consent.

7. DURATION OF PROPOSAL OFFER

Proposals are to be held valid for 60 days following the closing date for this RFP. This period may be extended by mutual written agreement between the Offeror and HAPGC.

https://hapgcprocurement.bonefirehub.com/ mailto:cswills@co.pg.md.us

8. NOTICE TO OFFERORS

Before submitting a proposal, Attorneys shall become fully informed as to the extent and character of the work required and shall completely familiarize themselves with the requirements of the solicitation and specifications. Failure to do so will not relieve the Attorneys of responsibility to perform fully in accordance therewith. No consideration will be granted for any alleged misunderstanding of the material to be furnished or work to be done. It is understood that the submission of a proposal is an agreement with all of the items and conditions referred to herein.

9. ADDENDA TO THE REQUEST FOR PROPOSAL

If it becomes necessary to revise any part of this RFP, addenda will be provided to all firms listed by HAPGC as receiving a copy of the RFP. The addenda will also be posted on HAPGC’s website. Written acknowledgement of receipt of all issued amendments, addenda or changes issued shall be required from all Offerors responding to this RFP and in the form required by the solicitation documents.

10. ORAL AND WRITTEN PRESENTATIONS

HAPGC, through its Evaluation and Selection Committee (the "Selection Committee"), reserves the right to conduct individual interviews with Offerors who are deemed to score in the Competitive Range and to request best and final offers from any or all finalists. Those Offerors may be required to provide oral presentations to discuss and/or submit written responses with respect to, any aspect of their proposals, including, among other things, their proposed management plans, answer questions from the Selection Committee, and/or clarify their submittal. HAPGC (through the Selection Committee) reserves the right to contact an Offeror prior to scoring proposals to clarify any ambiguities in a proposal but not to supplement those proposals.

12. CONFIDENTALITY/PROPRIETARY INFORMATION

Attorneys must specifically identify those portions of their proposals, if any, which they deem to contain confidential, proprietary information or trade secrets. Attorneys must provide justification why such material should not, upon request, be disclosed by HAPGC in accordance with the General Provisions Article ("GP"), §§ 4-101 through 4 601, Annotated Code of Maryland.

13. ALLOWANCE OF IN - HOUSE WORK OR WORK BY OTHER ATTORNEYS

No section or portion of this RFP or the contract shall be construed or interpreted to preclude HAPGC from accomplishing any task in the scope of work by utilizing other outside legal counsel or the County's Office of Law. This may take the form of hiring multiple counsels to handle designated tasks, hiring an Attorney and one or more specialized counsel to handle specific cases or types of legal matters, or such other combination of legal services as HAPGC deems necessary and appropriate to its needs.

14. SCOPE OF WORK

It is the intent of HAPGC to enter into an agreement with a qualified law firm to provide legal services legal services on behalf of the Housing Authority. The Housing Authority will select legal counsel to represent and advise the Housing Authority Board of Commissioners and staff in the following areas:

• Real estate, mixed-finance transactions, private partnership, redevelopment issues and related matters;

• State and local government laws (Open Meeting Act, Maryland Public Information Act);

• Taxation issues related to real property, nonprofit corporations, real estate development partnership and related matters;

• Landlord/tenant and property management issues particularly with respect to Public Housing, Housing Choice Voucher and compliance with applicable Federal and State regulations;

• Provide written legal opinions with respect to HAPGC policies, procedures and transactions;

• Review and interpret contract and procurement policies and any related matters;

• Tort issues and related matters;

• General business issues; and

• General litigation related to the areas listed above including representation in trials, administrative hearings, mediations, Federal, State and local proceedings.

15. MINIMUM QUALIFICATIONS

The Offerors must have the following minimum qualifications to be considered:

• Firm members representing HAPGC must be admitted to practice in the State of

Maryland and in good standing;

• Firm members must be admitted to practice before the Federal judiciary and have litigation experience before the Federal bar when representing HAPGC on these issues and in good standing;

• Litigation experience;

• Familiarity with public housing legal issues including the governing Maryland

State Statutes and Federal Public Housing Code and related HUD regulations;

• Proof of professional liability insurance; and

• Confirmation that the Firm consistently administers conflict of interest checks and that the firm is free from potential conflicting interests from business foreseeably conducted by HAPGC.

16. PROPOSAL SUBMISSION FORMAT

Each proposal shall conform to the following order and format.

Title Page

Each proposal shall begin with a Title Page. It should display the words "RFP No. 2026- 02 Legal Services." It should also contain the attorney(s) name, business address, telephone number, State bar identification and Federal bar identification, if applicable.

Transmittal Letter

The proposal shall include a transmittal letter prepared on the firm stationery. The purpose is to transmit the proposal; therefore, it should be brief. The letter must be signed in blue ink by an individual who is authorized to bind the firm to all statements, including services and prices, contained in the proposal.

Table of Contents

The proposal should contain a "TABLE OF CONTENTS" with page numbers indicated.

Proposal Narrative

The proposal narrative must include a Statement of Qualification and Experience which includes understanding of the required services, a brief statement listing the areas of practice which Offeror specializes, and an organizational chart that includes assignment of responsibilities. The Offeror should provide a brief biographical summary of the principal partners of the firm as well as the attorney(s) who would primarily serve HAPGC in each requested legal service type. The brief biographical summary should include the abilities, qualifications and experiences of the above-mentioned Firm members. The Statement of Respondent's Qualifications and experience should also include the resumes of partners, associates, and other key personnel who will be performing legal services for HAPGC.

References

Offeror should include three (3) appropriate references from clients with similar types of needs including, if available, governmental, non-profit or Housing Authority entities.

Offeror should provide the client's name, a contact person, address, telephone number as well as the length and nature of professional relationship with that entity.

Fee Schedule

The Offeror shall complete the Cost Proposal in the Cost Proposal section attached to the RFP.

Transition

Each Offeror should detail how the Offeror intends to assume responsibility of existing legal matters and how soon the Firm, if selected, would be in a position to provide the requested legal services.

Forms and certifications to be submitted with Proposal All HUD forms referenced herein are incorporated by reference and shall be binding upon execution of any contract resulting from this RFP. The following forms and certifications are to be submitted with the Proposal

HUD Form-5369-B - Instructions to Offerors Non-Construction HUD Form-5369-C - Certification and Representations of Offeror -Non-Construction HUD Form-5370-C - General Contract Conditions Non-Construction

Summary Proposal

17. EVALUATION OF PROPOSALS

Award of any contract resulting from this solicitation shall be made in accordance with HUD regulations and HAPGC Procurement Policies and Procedures. All responses received by HAPGC by the time and date specified in this RFP shall be evaluated by an Evaluation Committee appointed by the Executive Director.

HAPGC will select the proposals that are most advantageous to the Housing Authority based on the evaluation criteria stated herein. HAPGC reserves the right to negotiate price and other factors with any or all acceptable Offerors. HAPGC reserves the right to negotiate a contract with the Offeror who provide the greatest benefit to the HAPGC, not necessarily the lowest fee.

HAPGC reserves the right to accept or reject any or all proposals, to waive informalities, minor irregularities or technicalities and to award the contract to other than the lowest cost should it be in deemed in its best interest.

Disclosure of proposals shall be governed by the Maryland Public Information Act, Title 4 of the General Provisions Article, Annotated Code of Maryland.

HAPGC shall retain ownership of all legal work product, including memoranda, opinions, pleadings, correspondence, and related materials produced under the contract.

All HUD forms referenced in this RFP are incorporated by reference and shall be binding upon execution of any resulting contract.

The following established criterion will be used to evaluate the submitted proposals:

EVALUATION CRITERIA

Specialized knowledge, experience and technical competence that the Offeror displays for the work required, based upon the work history (especially in a housing authority or a multi-unit environment), and the resumes submitted for the staff proposed to perform the work.

MAXIMUM

POINTS

The past performance of the Offeror on prior work of the same or similar nature, based on the letters of reference and/or client lists submitted, and based upon the results of any consultation that HAPGC chooses to conduct.

The capability the Offeror displays, in that the proposal submittal shows: (a) a knowledge and understanding of the scope of the work to be performed; and (b) a realistic proposed approach to the performance of the required work as well as transition plan.

Cost Proposal (See Attached Cost Proposal Page) 30

Section 3 Plan 10

MBE/WBE/ Local Business Plan 10

Total Possible Points 135

18. INSURANCE

Before work begins, the selected respondent must have procured from a reputable insurance company authorized to do business in the State of Maryland the following insurance policies which provide, at a minimum, the following coverage:

A. Comprehensive General Liability which shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises, and/or operations, independent contractors, products and/or completed operations, broad form property damage and a contractual liability endorsement.

B. Workers' Compensation which provide coverage to apply to all employees for statutory limits in compliance with applicable State and Federal laws.

C. Professional Errors and Omissions Liability which shall have minimum limits of $1,000,000 per claim and $3,000,000 aggregate.

HAPGC is to be included as an additional insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the entire term of any contract resulting from this solicitation. Renewal certificates shall be sent to the HAPGC thirty (30) days prior to any expiration date and the selected respondent's insurer shall give the HAPGC thirty (30) days prior written notification in the event of cancellation or modification by either selected respondent or its insurer or upon renewal of any coverage required. The selected respondent shall furnish HAPGC with Certificate(s) of Insurance evidencing the coverage required herein before work begins.

19. SECTION 3 REQUIREMENTS

This contract is subject to Section 3 requirements of the Housing and Community Development Act of 1968, as amended, to the extent applicable. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the Section 3 covered project. Contracts for work in connection with the project be awarded to business concerns which are in or owned in substantial part by persons residing in the area of the Section 3 covered project. The Section 3 covered area is Prince George’s County, Maryland.

20. INDEMNIFICATION

The selected firm or individual understands and agrees that it shall defend, indemnify and save harmless, to the extent permitted by law, HAPGC, its officers, agents, servants and employees against and from all suits, losses, demands, payments, actions, recoveries, judgments and costs of every kind and description and from all damages to which the HAPGC or any of its officers, agents, servants, employees may be subjected by reasons of injury to person or property of others resulting from the performance of the contract, or through any act of omission on the part of the offeror or his agents, employees or servants. The selected firm and individual shall further defend, indemnify and save harmless the HAPGC, its officers, agents, servants and employees from all suits and actions of any kind or character whatsoever, which may be brought or instituted by any subcontractor, material man or laborer who has performed work or furnished materials in the performance of the contract.

21. AMENDMENTS OR INTERPRETATIONS

Amendments to the RFP or the Scope of Services will be issued to all firms and individuals requesting an RFP if amended. All proposers shall acknowledge the receipt of any amendment to this RFP by signing and returning the amendment and by identifying the amendment number and date on the Proposal Form. Acknowledgements may be returned by mail or by facsimile.

Questions or requests for clarifications to the RFP or the terms of the RFP shall be submitted in writing no later than five (5) calendar days prior to the proposal due date stated in this RFP to the HAPGC's point of contact. Please direct all questions in writing to Charlene Wills, General Counsel for the Housing Authority of Prince George’s County, at cswills@co.pg.md.us.

Responses to the questions or requests for clarifications will be provided in the form of an addendum to the RFP and will be issued to all prospective firms and individuals. Only written amendments will be considered and no verbal interpretations or changes may be made to the terms of the RFP.

mailto:cswills@co.pg.md.us

22. TERMINATION FOR CAUSE

HAPGC may terminate any and all contracts for default at any time in whole or in part, if the contractor fails to perform any of the provisions of any contract, or fails to pursue the work as to endanger performance in accordance with the terms of the RFP or any resulting contracts, or fails to correct such failures within seven (7) days or such other period as HAPGC may authorize or require, after receipt of HAPGC’s written notice.

Upon receipt of a notice of termination issued from HAPGC, the Contractor shall immediately cease all activities under any contract resulting from this RFP, unless expressly directed otherwise by HAPGC in the notice of termination.

HAPGC may terminate any contract resulting from this RFP in whole or in part, if funding is reduced, or is not obtained and continued at levels enough to allow for the expenditure.

23. TERMINATION FOR CONVENIENCE

In the sole discretion of HAPGC, HAPGC may terminate any and all contracts resulting from this RFP in whole or part upon thirty (30) days prior notice to the Contractor when it is determined to be in the best interest of HAPGC.

The rights and remedies of HAPGC provided under this section are not exclusive and are in addition to any other rights and remedies provided by law or under any contract. In the event the resulting contract from this RFP is terminated for any reason, or upon its expiration, HAPGC shall retain ownership of all work products, including all work product, legal memoranda, opinions, pleadings, correspondence, and related materials produced in connection with the contract. In addition to any other provision, the Contractor shall transfer title and deliver to HAPGC any partially completed work products, deliverables, source and object code, or documentation that the Contractor has produced or acquired in the performance of any resulting contract.

24. PROTEST

Any protest will be processed and resolved pursuant to HAPGC’s Procurement Policy.

25. APPENDICES AND CERTIFICATIONS

The following appendices and certifications are incorporated and made part of the RFP.

Appendix A: HUD Form -5369-B-Instructionsto Offerors Non-Construction

Appendix B: HUDForm-5369-C -Certification and Representations of Offeror Non- Construction Contract

Appendix C: HUD Form -5370-C-General Conditions for Non-Construction Contracts

EVALUATION CRITERIA

COST PROPOSAL

1) QUALIFICATIONS AND EXPERIENCE

a) Years of experience with HUD rules and regulations, requirements, law and related procedures.

b) Previous Years of experience representing a

Public Housing Agency.

c) Years lice used to practice law in Maryland by Company Principal.

d) Previous experience with the Housing Authority of Prince George’s C o u n t y

e) Certification that the firm/individuals are not debarred and has all necessary insurance coverage

2) BILLING RATES

Yes or No

Yes or No

a) Legal Service, Except Court Appearances

b) Legal Services, Involving Court Appearances

c) Legal Services -Law Student

d) Hourly Fee for legal services -Paralegal

e) Hourly Fee for legal services - Clerical

$ Per Hour

$ Per Hour

$ Per Hour

$ Per Hour

$ Per Hour

SUBMITTED THIS DAY OF , 2026

ATTEST SIGNED

PRINTED NAME

FIRM

WITNESS

Appendix A:

HUD FORM -5369-B

Instructions to Offerors

Non- Construction ref. Handbook 7460.8

Instructions to Offerors Non-Construction

U.S. Department of Housing and Urban Development Office of P�blic and Indian Housing

11111111 -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 offeror's risk.

(b) Each offeror shall furnish the information required by the solicita-tion. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry.

Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the HA.

(c) Offers for services other than those specified will not be consid-ered.

2. Submission of Offers

(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicita-tion number, and the name and address of the offerer.

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

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

3. Amendments to Solicitations

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Offerers shall acknowledge receipt of any amendments to this solicitation by

(1) signing and returning the amendment;

(2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer,

(3) letter or telegram, or

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

The HA/HUD must receive the acknowledgment by the time specified for receipt of offers.

4. Explanation to Prospective Offerors Any prospective offeror desii'lng 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 offerers 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 aprospective offerer concerning a solicitation willbe 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 havebeen suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for inspection at the HA/HUD.

(b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offerer to provide such additional information may render the offerer ineligible for award.

6. Late Submissions, Modifications, and Withdrawal of Offers

(a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it -

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HA/ HUD that the late receipt was due solely to mishandling by the HA/HUD after receipt at the HA;

(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "Working days" excludes weekends and U.S. Federal holidays; or

(4) Is the only offer received.

(b) Any modification of an offer, except a modification resulting from the HA's request for "best and final" offer (if this solicitation is a request for proposals), is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.

(c) A modification resulting from the HA's request for "best and final" offer received after the time and date specified in the request will not beconsidered unless received before award andthe late receipt is due solely to mishandling by the HA after receipt at the HA.

(d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerers should request the postal clerk to place a hand cancellation bull's_-eye postmark on both the receipt and the envelope or wrapper.

(e) The only acceptable evidence to establish the time of receipt at the HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA.

Previous edition is obsolete page 1 of 2 form HUD-5369-8 (8/93) ref. Handbook 7460.1

(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 isthe date entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerers should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

(g) Notwithstandingparagraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA wilt be considered at any time it is received and may be accepted.

(h) If this solicitation is a request for proposals, proposals may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn in person by a offerer or its authorized representative if the identity of the person requesting withdrawal Is established and the person signs a receipt for the offer before award. If this solicitation is an Invitation for bids, bids may be withdrawn at any time prior to bid opening.

7. Contract Award

(a) The HA will award a contract resulting from this solicitation to the responsible offerer whose offer conforming to the solicitation will be most advantageous to theHA,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 shouldcontain theofferer's bestterms from a cost or price and technical standpoint.

(d) A written award or acceptance of offer mailed or otherwise furnished to the successful offerer within the time for acceptance specified in the otter shall result in a binding contract without further action by either party. If this solicitation is a request for proposals, beforethe 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 isreceived before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the HA.

(e) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract.

8. Service of Protest Any protest against the award of a contract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledg-ment of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protester.

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 sollcitatlon for receipt, the sollcltatlon 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 anddeliver 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:} ref. Handbook 7460.1

Previous edition is obsolete page2 of 2 form HUD-5369-B (8/93

Appendix B:

HUD FORM- 5369-C

Certifications and Representations of Offerors Non Construction

Certifications and Representations of Offerors Non�Construction Contract u�s. Department of Housing and Urban Development Office of Public and Indian Housing

0MB Approval No: 2577·0180 (up. 7/30196)

Publlc reportingburden for thiscollec1ion ofInformation 18utlmaled toaverage 5 minutes pa,response, Including the time for reviewinginstructiont, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

This form Includes clauses required by OMB's common rule onblddln9'offerlng procedures, Implemented by HUD In 24 CFR 85.36, and those requirements set forthInExecutive Order 11825for small, minority, women-owned businesses, andcertifications tor Independent price determination,andconflict ofInterest.

The formIs required for nonconstructioncontracts awarded by Housing Agencies (HAs). The form Is usedby bidders/offerors to certify tothe HA'• Contracting Officer for contract compliance. 1f the form were not used, HA• would be unable to enforce their contracts. Responses to the collecllon of Information are required to obtain a benefit or to retain a benefit The Information requested does not lend Itself to contldentlality.

1. Contingent Fee Representation and Agreement

(a) The bidder/offeror represents and certifies as part of ils bid/ offer that. except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ J bas, [ J bas not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b) If the answer to either (a)(l) or (a) (2) above is affinnative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer.

(c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or

(3) take other remedy pursuant to the contract.

2. Small, Minority, Women-Owned Business Concern Rep• resentation The bidder/offeror represents and cenifies as part of its bid/ offer that it:

(a) [ ] is, [ J is not a small business concern. ..Small business concern,.. as used in this provision, means a concern, includ-ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(b) [ J is. [ J is not a women-owned small business concern.

"Women-owned," as used in this provision. means a small business that is at least SI percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of apublicly owned business, at Jeast S1 percent of its voting stock is owned by one or more minority group members. and whose management and daiJy operations are controJled by one or more such individuals.

For the pwpose of this definition. minority group members are:

(Check the block applicable to you) [ J Black Americans ( J Asian Pacific Americans l J Hispanic Americans [ J Asian Indian Americans [ J Native Americans ( ] Hasidic Jewish Americans

3. Certificate or Independent Price Determination

(a) The bidder/offeror certifies that-

(1) The prices in this bid/offer have been anived at indepen-dently, without, for the purpose of restricting competi-tion, any consultation, communication. or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or

(iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be-fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt bas been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition.

(b) Each signature·on the bid/offer is considered to be a certifi-cation by the signatory that the signatory:

(1) Is the person in the bidder/offeror's organization respon-sible for determining the prices being offered in this bid or proposal, and that the signatory bas not participated and will not participate in any action contrary to subpara-grapbs (a)(I) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(I) through (a)(3) above(insert full name ofperson(s) in the bidder/offeror's organization responsible for determining the prices of-fered in this bid or proposal, and the title of his or her position in the bidder/offeror's organization);

(ii) As an authorized agent. does certify that the princi-pals named in subdivision (b)(2}(i) above have not par-ticipated. and will not participate, in any action contrary to subparagrapbs (a)(I) through (a)(3) above; and

Previous edition la obsolete page 1 of2 form HUD-IHl•C (8193) ref. Hancl>ook 7480.8

(Ui) As an agent, bas not personally panicipated, and will not participate in any action contrary·to subparagraphs (a)(I) through (a)(3) above.

(c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror musi furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.

4. Organizational Conflicts or Interest Certification

(a) The Contractor warrants that to the best ofits knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor's organizational, fi-nancial, contractual or other interest are such that:

(i) Award of the contract may result in an unfair competi-tive advantage;

(ii} The Contractor's objectivity in performing the con-tract work may be impaired; or

(iii) That the Contractor bas disclosed all relevant infor-mation and requested the HA to make a determination with respect to this Contract.

(b) The Contractor agrees that if after award be or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo-sure in writing to the HA which shall include adescription of the action which the Contractor bas taken or intends to eliminate or neutralize the conflict. The HA may. however, terminate the Contract for the convenience of HA if it would be in the best interest of HA.

(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA. the HA may terminate the Contract for default.•

(d) The Contractor shall require a disclosure or representation from subcontractorsand consultants whomay be inaposition to influence the advice or assistance rendered to the HA and shalJ include any necessary provisions toeliminate orneutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract.

6. Conmct of Interest In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure-ment, as described in the clause in this solicitation titled "Orga-nizational Conflict of Interest.••

7. Offeror's Signature The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Signature & Date:

Typed or Printed Name:

Title:

5. Authorized Negotiators (RFPs only) The offeror represents that the foJlowing persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names. titles, and telephone numbers of the authorized negotiators):

Previous edlllon Is obsolete page2 of 2 form HUD-5369-C (8193)

Appendix C:

HUD FORM-5370-C

General Conditions for

Non-Construction Contracts

Section I - Page 1 of 6 form HUD-5370-C (01/2014)

General Conditions for Non-Construction U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Section I – (With or without Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exp. 3/31/2020)

Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.

20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.

Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the

1) Non-construction contracts (without maintenance) contract as changed.

greater than $105,000 - use Section I; (e) No services for which an additional cost or fee will be

2) Maintenance contracts (including nonroutine charged by the Contractor shall be furnished without the maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $150,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $150,000 – use Sections I and II.

Section I - Clauses for All Non-Construction Contracts greater than $150,000

1. Definitions

The following definitions are applicable to this contract:

(a) "Authority or Housing Authority (HA)" means the

Housing Authority.

(b) "Contract" means the contract entered into between the

Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change prior written consent of the HA.

3. Termination for Convenience and Default

(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process.

(b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination.

(c) If the termination is due to the failure of the Contractor to

Order, or other modification. fulfill its obligations under the contract (default), the HA may

(c) "Contractor" means the person or other entity entering into (i) require the Contractor to deliver to it, in the manner the contract with the Authority to perform all of the work and to the extent directed by the HA, any work as required under the contract. described in subparagraph (a)(ii) above, and compensation

(d) "Day" means calendar days, unless otherwise stated.

(e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary.

be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor.

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

(a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above.

performed or supplies to be delivered. (e) Any disputes with regard to this clause are expressly made

(b) If any such change causes an increase or decrease in the subject to the terms of clause titled Disputes herein.

hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly.

(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a

4. Examination and Retention of Contractor's Records

(a) The HA, HUD, or Comptroller General of the United States, or any of their 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.

Contracts

Section I - Page 1 of 6 form HUD-5370-C (01/2014)

Section I - Page 2 of 6 form HUD-5370-C (01/2014)

(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

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 performance of this contract; or, The Contractor shall not assign or transfer any interest in this

(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…