14-9.4 Full RFP.pdf

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TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS …………………………………………………A-1

SERVICES AGREEMENT ………………………………………………………….B-1

SCOPE OF WORK …………………………………………………………………..C-1

PAST PERFORMANCE SURVEY…………………...……………ATTACHMENT 1

TERMS AND CONDITIONS

SECTION I HUD TERMS & CONDITIONS ……………..………………………D-1

HUD - 5370-C - General Conditions for Non-Construction Contracts Section I HUD - 5370-C - General Conditions for Non-Construction Contracts Section II

SECTION II PHA STANDARD TERMS & CONDITIONS ………………….....E-1

SECTION III PHA SPECIAL TERMS & CONDITIONS ……………….………F-1

EVALUATION CRITERIA ………………………………………………………....G-1

PROPOSAL FORM ………………………………………………………………….H-1

CERTIFICATIONS AND REPRESENTATIONS OF OFFERORS ………….…..I-1

AFFIRMATIVE ACTION PROGRAM …………………………………………….J-1

SECTION THREE PROGRAM …………………………………………………….K-1

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A. INSTRUCTIONS TO OFFERORS

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 solicitation as indicated in the Statement of Work and “Required Tab (in the Bonfire sourcing program)” which is indicated in the software. 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 PHA.

(c) Offers for services other than those specified will not be considered.

(d) If this solicitation requires proposing on all items, failure to do so will result in the proposal being rejected. If proposing on all items is not required, proposers should insert the words “NO PROPOSAL” in the space provided for any item for which no price is submitted.

2. Amendments to Solicitations

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

(b) Offerors shall acknowledge receipt of any amendments to this solicitation by (1) signing and returning the amendment; (2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer.

PHA must receive the acknowledgement by the time specified for receipt of offers.

3. Explanation to Prospective Offerors

Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc. must request 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.

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4. Responsibility of Prospective Contractor

(a) PHA 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 -

(i) Have adequate financial resources to perform the Contract, or the ability to obtain them;

(ii) Have a satisfactory performance record;

(iii) Have a satisfactory record of integrity and business ethics;

(iv) Have a satisfactory record of compliance with public policy (e.g., Equal Employment Opportunity); and

(v) 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 PHA/HUD.

(b) Before an offer is considered for award, the offeror may be requested by PHA 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.

5. 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 -

(i) Was not submitted electronically in Bonfire as of the close date and time.

(ii) Was sent by mail, or if authorized by the solicitation, and it is determined by the PHA that the late receipt was due solely to mishandling by PHA after receipt at PHA;

(b) Any modification of an offer, except a modification resulting from PHA’s request for “best and final” offer, is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.

(c) A modification resulting from PHA’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 PHA after receipt at PHA.

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

Therefore, offerors should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

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

(f) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service.

“Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

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

(h) 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 identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award.

6. Contract Award

(a) PHA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to PHA, cost or price and other factors, specified elsewhere in this solicitation, considered.

(b) PHA may (1) reject any or all offers if such action is in PHA’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.

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(c) PHA 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. Before the offer’s specified expiration time, PHA 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 PHA.

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

7. Service of Protest

(a) Any protest against the award of a contract pursuant to this solicitation shall be served on PHA by obtaining written and dated acknowledgement of receipt from PHA at PHA Contracts Department, 2013 Ridge Avenue -4th , Philadelphia, PA 19121. The determination of PHA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protester.

(b) An actual or prospective offeror who is aggrieved in connection with the solicitation or award of a contract may submit a protest. Protests based on the contents of the solicitation must be submitted prior to the date and time for receipt of proposals. Protests based on contract award must be made within seven days after the protestor knows or should have known the facts giving rise to the protest.

(c) All protests shall be resolved in accordance with PHA’s protest policy and procedures, copies of which are maintained at PHA.

8. Offer Submission

(a) Offers and modifications thereof shall be submitted electronically in Bonfire (https://pha.bonfirehub.com/portal/?tab=openOpportunities), or in sealed envelopes or packages (1) addressed to PHA Contracts Department, 2013 Ridge Avenue -4th floor, Philadelphia, PA 19121, and (2) showing (on the face of the envelope) the time specified for receipt, the solicitation number, and the name and address of the offeror. One original hard copy, one (1) hardcopy, and one electronic copy of the Offer and modifications, including the required proposal forms, shall be submitted (on one or more flashdrives) in Microsoft Excel, Microsoft Word, and/or Portable Document Format (PDF) formats.

(b) Telegraphic, e-mail, or facsimile offers, modifications, or withdrawals will not be considered unless authorized by the solicitation.

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(c) 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.

9. Pre-Proposal Conference: N/A

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SAMPLE

B. SERVICE CONTRACT

FOR THE PROVISION OF

PART I – AGREEMENT

THIS AGREEMENT, made and entered into as of _____________ __, 2020, by and between the PHILADELPHIA HOUSING AUTHORITY, a body corporate and politic created under the laws of the Commonwealth of Pennsylvania (“PHA”), whose address is 12 S. 23rd Street, Philadelphia, PA 19103 and __________________________________ (“Contractor”), a ________________________, organized and existing under the laws of ________________________, whose address is

WITNESSETH:

WHEREAS, PHA desires to retain the services of Contractor and Contractor desires to provide such services to PHA; and

WHEREAS, by Resolution No. ________, adopted on __________ the President and CEO is authorized to conclude and execute a contract.

NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

1. SERVICE TO BE PERFORMED.

(a) Contractor agrees to perform the services described in the Solicitation ____________, known as __________________Services and Contractor’s proposal, both made part of this Agreement.

(b) This Contract shall be for an initial contract period of one (1) years with four (4) additional one (1) year option periods, to be exercised solely at the discretion of PHA. The initial contract period will commence on ___________ __, 2014, and will continue until _____________ __, 2017, unless work is completed or terminated pursuant to this Contract.

2. COMPENSATION.

PHA will pay Contractor at the rate of $________________________, with total payment not to exceed $_________________________ for the initial contract period of ___ (_) year(s), $__________ if PHA exercises the first ____(__)-year option period, $__________ if PHA exercises the second (_) ___-year option period, and $__________ if PHA exercises the third (_) ___-year option period. Such payment will be made

B-2 monthly and upon receipt and approval of an itemized invoice, as set forth in Section 2 of the PHA General Terms and Conditions of this Agreement, including but not limited to the use of Electronic Funds transfer through the Automated Clearing House, at the option of PHA. .

3. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES AND

REGULATIONS

Contractor shall comply with all applicable Federal, State, county and city statutes, ordinances and regulations, including those pertaining to wages, hours and conditions of employment.

4. GOVERNING LAW.

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, and all actions hereunder shall be brought in Pennsylvania.

5. CONTRACT COMPOSITION.

The following documents are hereby incorporated by reference, and constitute the Contract. Contractor acknowledges receipt of all listed documents. If there is any conflict between the documents of this Contract, then the following order of precedence shall govern:

Addendum Number ____ dated ________ __, 20___.

Addendum Number ____ dated ________ __, 20___.

Services Contract;

HUD Standard Terms & Conditions

Statement of Work

PHA Special Terms & Conditions

PHA Standard Terms & Conditions

Solicitation Number ______________ dated ________ __, 20__, and entitled Pension Plan Audit Services.

Contractor’s proposal and Best and Final Offer (if requested) as accepted by the PHA.

Affirmative Action requirements

Instructions to Proposers

Representations, Certifications, and other statements to Proposers

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6. PRIOR AGREEMENT SUPERSEDED.

This Agreement constitutes the sole Agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter.

IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be duly executed as of the date first above written.

CONTRACTOR

WITNESS:

BY:

Name:

(AUTHORIZED

REPRESENTATIVE)

WITNESS: PHILADELPHIA HOUSING

AUTHORITY

BY:

Name:

CONTRACTING OFFICER

Scope of Work PHA is seeking a Contractor or Contractors to provide high-quality afterschool and summer camp (“out-of-school time,” or OST) programming for school-aged children and youth. PHA intends for programming to be offered at ten locations, as follows:

Site Name (alphabetical) Approximate Location Notes Abbottsford Homes Abbottsford Ave & Henry Ave Hill Creek Apartments Adams Ave & Rising Sun Ave James W. Johnson Homes N. 25th St & Norris St

John F. Street Comm. Center N. 11th St & Poplar St Serving all Richard Allen and Cambridge Plaza phases

Lucien E. Blackwell Comm. Center N. 47th St & Aspen St Serving all Lucien E. Blackwell Homes phases

North Central N. 11th St & Norris St Serving all Norris/North Central phases Raymond Rosen Manor N. 23rd St & Edgley St Sharswood N. 24th St & Master St Serving all Sharswood/Blumberg phases Spring Garden Apartments N. 7th St & Brandywine St Wilson Park Apartments S. 25th St & Jackson St

Map locations of all PHA developments listed above can be viewed at https://www.pha.phila.gov/pha-sites/. Specific locations of programming at community spaces within or adjacent to developments will be agreed upon during contract negotiations. PHA will provide adequate space for all proposed programming, at no cost to selected Contractors.

Respondents may propose offering programming at any one or more of these sites; PHA anticipates awarding multiple contracts under this solicitation.

In addition to residents of the PHA developments listed above, Contractors may enroll other PHA resident children and youth residing nearby, including for example residents of PHA Scattered Sites.

Selected Contractors’ programming should foster learning, creative expression and positive youth development. All PHA-funded OST programming should help youth (ages 5-18) develop the education, motivation, self-confidence and work skills necessary to succeed in life. Selected programs will embody the values of teamwork, self-discipline, determination, commitment, dedication, ambition and responsibility – as well as support the physical, social, and emotional well-being of participating youth.

I. Program Elements PHA is seeking Contractors that can offer all of the following OST program elements:

A. Recruitment & Retention: Contractors must have in place a detailed plan and strategy for recruitment, enrollment, orientation and retention of PHA resident children and youth ages 5-18 (or an identified age subset thereof). PHA Resident Programs & Partnerships (RPP) staff will assist selected contractors in identifying potential PHA resident participants, and verifying the PHA resident status of participating children/youth.

B. Positive Youth Development Programs: Afterschool, Summer: Contractors must offer the following program elements, or propose a partnership structure that offers both elements without increasing cost to PHA:

https://www.pha.phila.gov/pha-sites/ https://www.pha.phila.gov/pha-sites/

1. Afterschool Programming: Contractors must offer afterschool enrichment/positive youth development programming at the selected site(s) at least five (5) days per week, for at least three (3) hours per day, beginning after normal School District of Philadelphia school hours.

Afterschool programming must include the following Core Components (Contractors may justify substituting for certain, otherwise-required components based on the age[s] of proposed participating children and youth):

• Goal setting: Contractors must ensure that each participating youth establishes at least one (1) basic skill and one (1) career-exploration or work-readiness goal per year of participation, and report on participants’ achievement of measurable advancement towards goals.

• Afterschool academic support: Programs must include a minimum five (5) hours per week of Homework assistance during the school year. Programs should be age appropriate for the specific age range of youths to be served, and may focus on study skills, tailored academic support and/or advising. Participating students should be supported to achieve measurable improvement in their academic performance.

• Career exploration: Programming should encourage participating youth to understand themselves, identify what they are good at, what they enjoy, personality traits, and values. Participants should be able to discover options and the nature of careers that may interest them, such as educational requirements, salary, work environment, and future outlook (as age-appropriate).

Contractors may also include some of the following additional, specialized components, as appropriate based on the age(s) of participating PHA youth:

• Mentoring;

• Academic curricula specifically designed to improve gains in literacy, numeracy and core academic subjects;

• Focused curricula in subject areas including but not limited to STEM/STEAM (science, technology, engineering, arts, math/medicine), life sciences, and other subjects positioning students to succeed as adult workers in high-wage local industry sectors;

• Full literacy/numeracy, psychosocial and work-readiness pre- and post-assessments;

• Experiential college and/or career exposure/exploration;

• Workforce development/preparation;

• Hands on job-readiness training (JRT) experience and/or internships;

• Year-round service-learning projects that are centered on a pressing community need – projects should reflect elements of reading, writing, research, technology use, data analysis, teamwork, leadership and public speaking;

• Life skills training, including enhancing survival and daily living skills;

• Recreational and cultural activities;

• Multidisciplinary case management; and/or

• Other specialized program model/element(s), detailed in Contractor’s proposal.

2. Summer Camp: Contractors must provide full-day camp programming for children/youth five

(5) years or older – respondents may propose their preferred target age range – operating Monday-Friday from 8:00 AM to 4:00 PM, for at least eight (8) weeks per year, between Memorial Day and Labor Day.

Summer Camp programming must incorporate some combination of creative/artistic self-expression, STEM exploration, literacy/numeracy, and physical activities. Other required components include:

• Outdoor play, structured group games, and recreational activities promoting teamwork and social skills.

• Qualified staff trained in CPR, first aid, and positive youth development strategies.

• Other elements as proposed by Contractor.

C. Attendance/Enrollment Requirements: Selected Contractors will be expected to maintain an average attendance of at least 20 participating PHA resident children/youth at Afterschool and Summer OST programming. Failure to adequately recruit and/or retain participants may be grounds for contract non-renewal in option years, as discussed in Section II below, “Compensation and Performance Evaluation.”

D. Assessment & Outcomes: All youth participating in Contractor programming must complete some form of age-appropriate pre- and post-assessment to gauge the effectiveness of support provided in domains such as literacy and numeracy, psycho-social development, basic skills acquisition, work-readiness, customer satisfaction, and/or other areas proposed by Contractor and accepted by PHA.

Contractors proposing to serve older youth (age 16+) must be able to document positive post-programmatic outcomes by participants as demonstrated by enrollment in post-secondary academic or occupational (trade school) programs, apprenticeships, military service, job placement, or other positive impact, on an appropriate timescale following participation.

Participant pre- and post-assessments will be incorporated into PHA’s evaluation of Contractor when determining whether or not to exercise subsequent contract option years, as detailed in Section II.

E. Additional Requirements: Contractor must:

• Consistently maintain appropriate staff-to-student ratios, as justified by Contractor’s proposal and any applicable regulatory requirements, to provide individualized attention and supervision;

• Secure and provide Child Abuse clearances and criminal background checks for all staff and volunteers working directly with youth participants;

• Provide or document appropriate training and professional development for all staff working directly with youth participants;

• Obtain and submit a Certificate of Insurance for liability insurance for the space being used, automobile insurance (as applicable) and coverage which offers protection against bodily injury claims or sexual molestation brought by persons participating in covered activities.

• As requested, present on programming to PHA and community resident leaders.

• Coordinate with PHA staff at the Hartranft Community Center to secure program space, access necessary facilities, and ensure a seamless integration with community resources.

• Maintain clear policies and procedures must be in place for child pick-up/drop-off, emergency response, and behavior management.

• Maintain regular communication with PHA Youth & Family Center leadership to evaluate programming and make necessary adjustments, based on reported attendance, engagement and participant progress measures.

• Offer opportunities for family engagement, including parent workshops and events, on an appropriate schedule.

II. Compensation and Performance Evaluation Contractor(s) will be compensated on a cost-reimbursement basis, per the budget submitted in response to this Request for Services.

Evaluation of Contractors’ performance will determine whether PHA exercises subsequent contract option years. Evaluation criteria PHA will use to determine whether or not to exercise contract options will include the degree to which Contractors:

• Build towards and maintain (and in subsequent contract years, maintains) attendance rates, as a percentage of total program capacity/enrollment, at least comparable to other PHA OST programs. For purposes of evaluation, “comparable” shall mean within 10% of PHA-wide average.

• Prioritize serving children and youth from PHA-assisted households/families. Serving 40% “PHA youth” shall be considered the minimum threshold for meeting this criterion; 50% shall be considered adequate; and 60% of higher shall be considered meeting and exceeding.

• Submit all required attendance, performance and other reporting materials in a timely manner, and communicate responsively with PHA staff points of contacts.

Respondents may propose a partnership structure under which more than one entity implements the proposed program model(s). A lead entity must be identified, and the entire partnership structure will be held jointly responsible for meeting the performance outcomes listed above.

Approximately $100,000 per year will be available to support programming at each site. Respondents are encouraged to identify sources of leveraged funding to further enhance programming.

Contract Term is (1) base year with (4) one year option periods.

SOURCE SELECTION SENSITIVE

NOT FOR PUBLIC RELEASE

PHILADELPHIA HOUSING AUTHORITY

CONTRACTS AND PROCUREMENT DEPARTMENT

Past Performance Survey

Contractor Name:

CLIENT INFORMATION

Commercial Client Government Client Client Name:

Client Address:

City State Zip Code Project Name: Total Project Value:

Performance Period: Teaming Partner(s):

Government or Commercial Project Manager Contact

Alternate Government or Commercial Project Manager Contact

Name: Name:

Title: Title:

Phone number: Phone number:

Fax number: Fax number:

E-mail address: E-mail address:

SPECIFIC PERFORMANCE

Instructions: This part consists of open-ended questions to determine the scope, complexity, and relevance of the project to the current requirement. Please answer the questions concisely and to the best of your knowledge.

1. Describe the overall project type the contractor provided.

2. Describe the end goal/end product and result.

3. Describe the long-term program development involved in performing this task.

4. Describe the level of planning and staffing contractor was required to perform and if they met the contracts exceptions.

5. Describe the average timeline involved in completing this project and if contractor met that timeline within reason.

Forward Replies to: at the following e-mail:

PAST PERFORMANCE RATINGS

Please answer each of the following questions with a rating that is based on objective measurable performance indicators to the maximum extent possible. Comments to support ratings may be noted on last page. The Government will assess an overall past performance rating for each reference contacted. The overall ratings of each reference will then be combined to arrive at a final past performance rating that will be assigned points based upon the following rating scheme:

RATINGS ARE DEFINED AS FOLLOWS:

Definition Description

Excellent The Contractor demonstrates an excellent performance level in all categories. There have been no performance problems and the Contractor has demonstrated initiative to enhance/exceed contractual requirements and objectives.

The Contractor also has maintained an excellent Contractor/Government relationship throughout contract performance

Good There are no quality of service problems; no cost/price issues; and no delays. Responses to inquiries and technical/service administrative issues are consistently effective and responsive. Non-conformance does not impact achievement of contract requirements.

Acceptable Non-conformances are minor and have little impact in achievement of contract requirements, requires minor intervention by Government personnel to resolve issues.

Marginal Non-conformances are impacting achievement of contract requirements, requires substantial intervention by Government personnel to resolve issues.

Unacceptable Non-conformances are compromising the achievement of contract requirements, despite substantive intervention by Government personnel.

PART 1: GENERAL PERFORMANCE

INSTRUCTIONS: PLEASE CHECK THE APPROPRIATE RATING

Quality of Service Excellent Good Acceptable Marginal Unacceptable N/A

1. Compliance with contract requirements

2. Accuracy of Reports

3. Effectiveness of Personnel

4. Technical Excellence

5. Record of conforming to specifications and standards of good workmanship

6. Ability to provide services nationwide, including small and rural communities

Cost Control Excellent Good Acceptable Marginal Unacceptable N/A

1. Record of forecasting and controlling target costs

2. Current, accurate, and complete billings

3. Relationship of negotiated costs to actual

4. Cost efficiencies

Timeliness of Performance Excellent Good Acceptable Marginal Unacceptable N/A

1. Met interim milestones

2. Reliability

3. Responsive to technical direction

4. Completed on time including wrap up

5. Met delivery schedules

6. Amount of Liquidated Damages (Excellent=Low or None, Unacceptable= High)

Business Relations Excellent Good Acceptable Marginal Unacceptable N/A

1. Effective Management, including subcontracts

2. Reasonable/cooperative behavior

3. Responsive to contract requirements

4. Notification of problems

5. Flexibility

6. Pro-active vs. Reactive

7. Effective small/small disadvantage business subcontracting program

8. History of staff turnover

Customer Satisfaction Excellent Good Acceptable Marginal Unacceptable N/A

1. Commitment to customer satisfaction

2. Would you recommend selection of this firm again?

3. Overall Rating of Contractor

ADDITIONAL COMMENTS:

Name and Signature of Reference Date

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D. TERMS & CONDITIONS

SECTION I HUD STANDARD TERMS & CONDITIONS

1. Definitions

The following definitions are applicable to this Contract:

(a) “PHA” or “Authority” or “Housing Authority” means the Philadelphia 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) PHA 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, PHA 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 PHA decides that the facts justify it, PHA may receive and act upon a proposal submitted before final payment of the Contract.

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(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 PHA.

3. Termination for Convenience and Default

(a) PHA may terminate this Contract in whole, or from time to time in part, for PHA’s convenience or the failure of the Contractor to fulfill the Contract obligations (default). PHA 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 PHA 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 PHA, PHA 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), PHA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by PHA, any work as described in subparagraph (a)(ii) above, and compensation shall 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 PHA; and (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 PHA by the Contractor.

(d) If, after termination for failure to fulfill Contract obligations (default), it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of PHA, and the Contractor shall be entitled 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) PHA, 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

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Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions.

(b) The Contractor agrees to include in first-tier subcontracts under this Contract a clause substantially the same as paragraph (a) above.

“Subcontract,” as used in this clause, excludes purchase orders not exceeding $10,000.

(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii) litigation or settlement of claims arising from the performance of this Contract; or, (iii) costs and expenses of this Contract to which PHA, 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)

PHA 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 of Pennsylvania.

7. Disputes

(a) All disputes arising under or relating to this Contract, 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 PHA. A claim by PHA against the Contractor shall be subject to a written decision by PHA.

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

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(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 PHA 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 PHA that it submit a final voucher and release, whichever is earlier, then PHA’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 PHA.

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 PHA 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 PHA.

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 PHA a certificate and release, in a form acceptable to PHA, of all claims against PHA 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 Conflict 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

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(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. PHA may, however, terminate the Contract or task/delivery order for the convenience of PHA if it would be in the best interest of PHA.

(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, PHA 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) PHA 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 PHA 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 PHA within 7 days of notification or a later date if extended by PHA.

(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, PHA 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.

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14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees

No member, officer, or employee of PHA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which PHA was activated, and no other pubic 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

D-7 under a temporary appointment; (ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.; (iii) A special Government employee as defined in section 202, title 18, U.S.C.; and, (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2.

“Person” means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit.

This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law.

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

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

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

(b) Prohibition.

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

D-8 making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(ii) The prohibition does not apply as follows:

(1) Agency and legislative liaison by Own Employees.

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

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

(c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person’s products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person’s products or services for an agency’s use.

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

(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments.

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

(2) Professional and technical services.

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

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid,…