2023-03-01_FIN_RFP 2023-12_Caroline Manor Kitchen Bath Cabinet Hardware Replacement.pdf

GAINESVILLE HOUSING AUTHORITY

Request for Proposal Kitchen Bath Cabinetry Hardware Replacement

Caroline Manor

RFP 2023-12

Closing Date and Time – March 28, 2023 at 3:00 p.m.

3/1/2023

Request for Proposal Specifications and Instructions – Kitchen and Bath Cabinetry Hardware Replacement. RFP Number 2023-12 – Gainesville Housing Authority; 1900 S.E. 4th Street; Gainesville, FL 32641. www.gainesvillehousingauthoirty.org.

Request for Proposal Kitchen Bath Cabinetry Hardware Replacement Caroline Manor

Request for Proposal for Kitchen and Bath Cabinetry Hardware Replacement for Caroline Manor

Proposals will be received by the Gainesville Housing Authority, 1900 S.E. 4th Street; Gainesville, FL 32641 until 3:00 p.m. local time, March 28, 2023. All proposals received will be downloaded from https://www.bidnetdirect.com, publicly opened and read aloud, for the furnishing of all materials and labor for the following contract service to be provided in Alachua County:

Kitchen and Bath Cabinetry Hardware Replacement - Caroline Manor, RFP 2023-12.

All proposals will be received via https://www.bidnetdirect.com/florida/gainesvillehousingauthority or e-mail to MichelleB@gnvha.org. Any proposal received after 3:00 p.m. eastern standard time will be considered late and will not be considered.

Proposals will be tabulated and evaluated by the Chief Executive Officer (CEO) of the Gainesville Housing Authority (GHA) or member(s) of the staff or other individual(s) designated by her. An award recommendation will be made by the CEO at the next meeting of the GHA’s Board of Commissioners. The proposals as opened, tabulated, and evaluated, will be presented and the lowest most responsible proposer, meeting the requirements of the law, will be recommended.

Proposers’ qualifications must be satisfactory to the GHA’s Board of Commissioners. The Commission reserves the right to waive informalities in any bid and to accept any proposal which is authorized by law to accept and to reject any and/or all bids.

Contract documents (plans and specifications) may be obtained by General Contractors online.

Bidders may go online to electronically download bid documents. Bidders will use this link.

https://www.bidnetdirect.com/florida/gainesvillehousingauthority to access/download bid documents consisting of plans and specifications.

A site visit can be requested by contacting ShaneT@gnvha.org . All work shall be completed in accordance with this Request for Proposal. Technical questions following the site visit can be sent electronically to ShaneT@gnvha.org. No proposer may withdraw their proposal for a period of thirty (30) consecutive calendar days after the date set for opening thereof.

Any actual or prospective contractor may protest the solicitation or award of a contract for serious violations of the principles of the Gainesville Housing Authority’s Procurement Policy. Any protest against a solicitation must be received before the due date for receipt of bids or proposals, and any protest against the award of a contract must be received within ten (10) calendar days after the contract award or the protest will not be considered. All bid protests must be in writing, submitted to the CEO or designee, who shall issue a written decision on the matter. The CEO or designee may, at their discretion, suspend the procurement.

https://www.bidnetdirect.com/ https://www.bidnetdirect.com/florida/gainesvillehousingauthority https://www.bidnetdirect.com/florida/gainesvillehousingauthority mailto:ShaneT@gnvha.org mailto:ShaneT@gnvha.org

Table of Contents

Advertisement…………………………………………………………………………………..… 3

Section 1 – Information and Instructions ………………………………………………………

Section II – Scope of Work …………………………………………………………………….… 8

Form of Sealed Price Proposal …………………………………………………………...……… 11

Reference Form……………………………………………….…………………….... Attachment 1

HUD Instructions to Bidders – Form 5369 and 5369a……………………………….. Attachment 2

HUD General Conditions for Small Construction Contracts Form 5370EZ ………….Attachment 3

Section 3 Business Preference …………………………………………………….…. Attachment 4

Non Collusive Affidavit …………………………………………………………..….. Attachment 5

Florida Statutes on Public Entity Crimes ……………………………………....…...… Attachment 6

Certification Regarding Drug Free Work Place …………………………………...…. Attachment 7

GHA Insurance Coverage Checklist …………………………………………….....… Attachment 8

Davis Bacon Act Wage Decision Dated January 6, 2023 .. ………………...……......… Attachment 9

Access to Records ………………………………………………………………… Attachment 10

Property Breakdown………………………………………………………………… Exhibit A

Advertisement for Bids

The Gainesville Housing Authority (GHA) will receive bids for the following project:

Kitchen and Bath Cabinetry Hardware Replacement for Caroline Manor RFP 2023-12

Bids are to be submitted no later than 3:00 p.m. local time, March 28, 2023. All bids received at 3:00 p.m. or prior will be downloaded, publicly opened and read at the GHA’s Main Office located at 1900 S.E. 4th Street; Gainesville, FL 32641.

How to Obtain Bid Documents

Contract documents (plans and specifications) and the full RFP 2023-12 may be obtained by General Contractors online. Bidders may go online to electronically download bid documents.

Bidders will use this link, https://www.bidnetdirect.com/florida/gainesvillehousingauthority to access/download bid documents consisting of plans and specifications.

Questions regarding bid solicitation must be submitted in writing to Michelle Beans at MichelleB@gnvha.org.The provisions of Section 3, Davis Bacon Act and other Acts will apply to the entire Scope of Work. It is incumbent upon the bidders to know and understand these provisions prior to bidding.

Dates of advertisements for invitations to bid are March 10 and March 18, 2023 in the Gainesville Sun and March 9 and March 16, 2023 in the Guardian.

mailto:MichelleB@gnvha.org.

Section 1 – Information and Instructions

Submission Requirements

All proposals shall be marked: Kitchen & Bath Cabinetry Hardware Replacement Caroline Manor RFP 2023-12

Proposers shall include all supporting documents they want considered with their proposal. All documents shall be submitted through Bidnet Direct at https://www.bidnetdirect.com/florida/gainesvillehousingauthority or e-mail to Michelle Beans at MichelleB@gnvha.org.

1.1 Proposal Format: Proposals shall be submitted in the following format and include the following information.

1.1.1 1) Proposal (2) Reference form; (3) HUD form 5369A; (4) HUD Form 5370EZ (5) Non-Collusive Affidavit; (6) Insurance check list; (7) Certification regarding Drug-Free Workplace Requirements; (8) Florida Statues on Public Entity Crimes;

1.1.2 Any additional information that may be pertinent to the proposal.

1.2 Proposers will be notified in writing by Gainesville Housing Authority (GHA) of any change in the specifications contained in this RFP.

1.3 No verbal or written information which is obtained other than through this RFP or its addenda shall be binding by GHA. No employee of GHA is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document.

1.4 Right of Rejection and Clarification: The GHA reserves the right to reject any and all proposals and to request clarification of information from any proposer. The GHA is not obligated to enter into a contract on the basis of any proposal submitted in response to this document.

1.5 Request for additional information: Prior to the final selection, proposers may be required to submit additional information which GHA may deem necessary to further evaluate the proposer’s qualifications.

mailto:MichelleB@gnvha.org

1.6 Denial of Reimbursement: GHA will not reimburse proposers for any costs associated with the preparation and submittal of any proposal, or for any travel and/or per diem costs that are incurred.

1.7 Right of Withdrawal: A proposal may not be withdrawn before the expiration of thirty (30) days from the proposal due date.

1.8 Right of Negotiation: GHA reserves the right to negotiate with the selected proposer the exact terms and conditions of the contract.

1.9 Right of Rejection of Lowest Fee Proposal: GHA is under no obligation to award this contract to the proposer offering the lowest fee proposal. Evaluation criteria included in this document shall be used in evaluating proposals.

1.10 Exceptions to the RFP: Proposers may find instances where they must take exception with certain requirements or specifications of the RFP. All exceptions shall be clearly identified, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for GHA, a description of the advantage to be gained or disadvantages to be incurred by the GHA as a result of these exceptions.

1.11 Indemnification: Proposer, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses – including attorney fees – and otherwise hold harmless the GHA, its employees, and agents from any liability of any nature or kind in regard to the delivery of services.

1.12 Rights to Submitted Material: All proposals, responses, inquiries, or correspondence relating to, or in reference to this RFP, and all reports charts, and other documentation submitted by proposers shall become the property of GHA when received.

1.13 Basis of Award: Proposals will be evaluated according to the following criteria and weight at a minimum:

1.13.1 Section 3 business preference – 10 points

1.13.2 References – 5 points

1.13.3 Cost of Services – 50 points

1.13.4 Contractors ability to complete the work within the time required by GHA –

25 points

1.13.5 Qualifications – 10 points

1.14 Selection Process: The proposals will be reviewed by a selection panel appointed by the CEO. The selection panel and CEO shall be sole judge as to evaluation and ranking of proposals. Based on the responses, evaluation, and ranking, interviews may be conducted with selected proposers at our regularly scheduled Board of Commissioners meeting.

1.15 Proposed Time Schedule:

1.15.1 Proposal Due Date: March 28, 2023 no later than 3:00 p.m. e.s.t.

1.16 Questions: Questions regarding this Request for Proposal should be directed to:

Michelle Beans

1900 S.E. 4th Street Gainesville, FL 32641

MichelleB@gnvha.org.

1.17 Termination of Contract: GHA may cancel at any time by providing the company with a written thirty (30) day notice of such cancellation. Should GHA exercise its right to cancel the contract, the cancellation shall become effective on the date as specified in the written notice of cancellation sent to the company.

1.18 Insurance Coverage and Limits: The proposer shall furnish to GHA evidence of the following minimum amounts of insurance coverage.

1.18.1 Worker’s Compensation to apply to all employees for statutory limits in compliance with applicable state and federal laws.

1.18.2 Business auto policy or similar form shall have minimal limits of $1MM per occurrence combined single limit for bodily injury and property damage liability. This shall include owned, hired and non-owned vehicles.

1.18.3 Commercial General Liability or similar form shall have minimum limits of $1MM per occurrence combined single limit for personal injury, bodily injury, and property damage liability. Coverage shall include premises and/or operations, independent contractors, products and/or complete operations, contractual liability and broad form property damage endorsements.

Coverage for the hazards of explosion, collapse and underground property damage (XCU) must also be included when applicable to the work to be performed.

mailto:MichelleB@gnvha.org.

1.19 HUD Forms:

1.19.1 General Conditions for Small Construction Contracts HUD Form 5370EZ

1.19.2 Instructions to Bidders for Contracts Public and Indian Housing HUD Form

1.19.3 Representations, Certifications, and other Statements of Bidders

HUD 5369-A.

1.20 Section 3 Business Preference (Attachment 3) must be submitted with proposal.

1.21 Non-Collusive Affidavit

1.22 Florida Statues on Public Entity Crimes

1.23 Certification Regarding Drug-Free Workplace Requirements

1.24 Davis Bacon Wage Ruling

1.25 Access to Records Statement

Section II

Scope of Work

Gainesville Housing Authority is requesting proposals to remove kitchen and bath cabinet doors, drawer faces and hardware and to furnish labor only to install new GHA furnished kitchen and bath cabinet doors, drawer faces and hardware [hinges and pulls] for twenty-eight (28) occupied units located at S.E. 25th Terrace; Gainesville, FL (Exhibit A).

All work is to be performed in accordance with manufactures specifications, industry standards and best work practices. All work is to be performed by skilled and qualified workmen in best practices of the trade and in compliance with Building Regulations and or Government Laws, Statues and Ordinances. Hours of work: Monday through Friday 8:00 a.m. to 5:00 p.m. local time excluding all the GHA recognized Holidays.

Summary Scope of Work:

For each unit: Furnish labor to remove existing kitchen and bath cabinet doors, drawer faces and hardware. There are seventeen (17) cabinet doors and four (4) drawers. All material is to be properly removed and disposed.

For each unit: Furnish labor to install GHA furnished kitchen and bath cabinet doors, drawer faces, cabinet door hinges and cabinet door and drawer pulls. There are seventeen

(17) cabinet doors and four (4) drawers.

Contractor is responsible for the removal of, and proper disposal of, all debris, packing materials, etc.

Contractor is responsible for construction cleaning of work area.

2.0 Submittal of Qualifications: Proposal format may follow these basic guidelines for each category of service submitted in response to this RFP. For each item please provide a statement regarding the firm’s ability to meet the criteria.

2.1 Describe in detail the qualifications of the firm and the company personnel to whom the task will be assigned, as well as any back-up personnel. Details should include:

2.11 Familiarity and years of service to housing authorities or other multi-family properties.

2.12 Detailed description of experience with this type of work; including, but not limited to Davis Bacon; Certified Payroll; working with Access to Records and Drug Free Work Place.

2.13 Copy of all the necessary licenses and certifications required by the State of Florida.

2.2 Reference with names, addresses and phone numbers of current clients who can be contacted by GHA for discussion of services provided to that client.

2.3 Any additional remarks/comments the company wishes to make to elaborate their proposal.

All proposers should describe in detail their call back services and related costs if any.

Contract Agreement and Compensation:

o The proposer will be required to enter into an agreement with GHA. At all times during the term of the contract, the proposer shall act as an independent contractor.

o GHA reserves the right to negotiate any and all parts of the contract.

o GHA reserves the right to delete or amend any of the services as listed and described herein.

Interested parties must submit their proposals electronically on or before, March 28, 2023 at 3:00 p.m. eastern standard time, through Bidnet Direct https://www.bidnetdirect.com/florida/gainesvillehousingauthority or e-mail to MichelleB@gnvha.org. Register for Bidnet Direct at https://www.bidnetdirect.com/vendor-solutions.

Gainesville Housing Authority reserves the right to contact/interview only those respondents that they feel are capable of best representing their program’s objectives.

mailto:MichelleB@gnvha.org https://www.bidnetdirect.com/vendor-solutions https://www.bidnetdirect.com/vendor-solutions

PROPOSAL FORM

(To be copied on Proposer’s Business Letterhead)

Ms. Pamela Davis Chief Executive Officer Gainesville Housing Authority 1900 S.E. 4th Street Gainesville, FL 32641

Dear Ms. Davis:

The undersigned contractor, here-in-after called “Proposer” proposes to furnish all materials and labor for Kitchen and Bath Cabinetry Hardware replacement for Caroline Manor located in Gainesville Florida, in full accordance with RFP 2023-12 documents.

The Proposer submits the following base price for Kitchen and Bath Cabinetry Hardware Replacement:

The following documents/forms from the specifications are completed and are attached to this proposal: (1) Reference form; (2) HUD form 5369A; (3) HUD Form 5370EZ (4) Non-Collusive Affidavit; (5) Insurance check list; (6) Certification regarding Drug-Free Workplace Requirements;

(7) Florida Statues on Public Entity Crimes;

In consideration of the Agreement by the Owner, the Proposer has agreed and does hereby agree:

That the above proposal shall remain in full force and effect for a period of forty-five (45) consecutive calendar days after the time of the opening of this proposal, and that the Proposer will not revoke or cancel this proposal or withdraw from the competition within said forty-five (45) day period.

IN WITNESS WHEREOF, the Proposer has hereunto set his/her signature this ______________ day of ___________________________, 2023.

By: _______________________________________________

ATTACHMENT 1

REFERENCE FORM

REFERENCE FORM

Proposer: _____________________________________________________________________________

RFP Title: _____________________________________________________________________________

Proposer must provide references for all contracts performed within the past two (2) years of similar size and scope to this contract.

Reference Contact:_____________________________________________________________________

Address: _____________________________________________________________________________

Phone: _____________________________________ Fax: ______________________________________

E-Mail: _______________________________________________________________________________

Description and Date(s) of supplies or services provides: _______________________________________

Reference Contact: _____________________________________________________________________

Address: _____________________________________________________________________________

Phone: _____________________________________ Fax: ______________________________________

E-Mail: _______________________________________________________________________________

Description and Date(s) of supplies or services provides: _______________________________________

Reference Contact: _____________________________________________________________________

Address: _____________________________________________________________________________

Phone: _____________________________________ Fax: ______________________________________

E-Mail: _______________________________________________________________________________

Description and Date(s) of supplies or services provides: _______________________________________

ATTACHMENT 2

Instructions to Bidders

Form 5369 and 5369a

Previous edition is obsolete form HUD-5369 (10/2002)

Instructions to Bidders for Contracts Public and Indian Housing Programs

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Instructions to Bidders for Contracts Public and Indian Housing Programs

Table of Contents Clause Page

1. Bid Preparation and Submission 1

2. Explanations and Interpretations to Prospective Bidders 1

3. Amendments to Invitations for Bids 1

4. Responsibility of Prospective Contractor 1

5. Late Submissions, Modifications, and Withdrawal of Bids 1

6. Bid Opening 2

7. Service of Protest 2

8. Contract Award 2

9. Bid Guarantee 3

10. Assurance of Completion 3

11. Preconstruction Conference 3

12. Indian Preference Requirements 3

1. Bid Preparation and Submission

(a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect-ing the Work of the General Conditions of the Contract for Construc-tion). Failure to do so will be at the bidders’ risk.

(b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.)

(c) Bidders must submit as part of their bid a completed form HUD- 5369-A, “Representations, Certifications, and Other Statements of Bidders.”

(d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words “Bid Documents,” the Invitation for Bids (IFB) number, any project or other identifying number, the bidder’s name, and the date and time for receipt of bids.

(e) If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words “No Bid” in the space provided for any item on which no price is submitted.

(f) Unless expressly authorized elsewhere in this solicitation, alter-nate bids will not be considered.

(g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered.

(h) If the proposed contract is for a Mutual Help project (as de-scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa-tion regarding the bid advertisement is provided as an attachment to this solicitation.

2. Explanations and Interpretations to Prospective Bidders

(a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing.

The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders.

(b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation.

3. Amendments to Invitations for Bids

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

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder’s receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA’s/IHA’s requirements.

(c) Amendments will be on file in the offices of the PHA/IHA and the Architect at least 7 days before bid opening.

4. Responsibility of Prospective Contractor

(a) The PHA/IHA will award contracts only to responsible prospec-tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder’s:

(1) Integrity;

(2) Compliance with public policy;

(3) Record of past performance; and

(4) Financial and technical resources (including construction and technical equipment).

(b) Before a bid is considered for award, the bidder may be re-quested by the PHA/IHA to submit a statement or other documenta-tion regarding any of the items in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award.

5. Late Submissions, Modifications, and Withdrawal of Bids

(a) Any bid 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 PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or

(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 observed holidays.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the date of mailing of a late bid, 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 bid, 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 impres-sion) 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, bidders should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

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

(e) The only acceptable evidence to establish the date of mailing of a late bid, 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, bidders should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper.

(f) Notwithstanding paragraph (a) of this provision, a late modifica-tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted.

(g) Bids 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 the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

6. Bid Opening All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present.

7. Service of Protest

(a) Definitions. As used in this provision:

“Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

“Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation.

(b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from —

[Contracting Officer designate the official or location where a protest may be served on the Contracting Officer]

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

8. Contract Award

(a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan-tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation.

(b) If the apparent low bid received in response to this solicitation exceeds the PHA’s/IHA’s available funding for the proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA’s/IHA’s available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA’s/IHA’s available funding. If upon the application of all deductibles, no bid is within the PHA’s/IHA’s available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation.

(c) In the case of tie low bids, award shall be made in accordance with the PHA’s/IHA’s written policy and procedures.

(d) The PHA/IHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA’s/IHA’s written policy and procedures.

(e) Unless precluded elsewhere in the solicitation, the PHA/IHA may accept any item or combination of items bid.

(f) The PHA/IHA may reject any bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

(g) A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party.

9. Bid Guarantee (applicable to construction and equip-ment contracts exceeding $25,000)

All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening.

10. Assurance of Completion

(a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] —

[ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law;

[ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price;

[ ] (3) a 20 percent cash escrow;

[ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program).

(b) Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. U.S. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the U.S. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168.

(c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract.

(d) Failure by the successful bidder to obtain the required assur-ance of completion within the time specified, or within such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder’s bid guarantee.

11. Preconstruction Conference (applicable to construction contracts)

After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other require-ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). The PHA/IHA will provide the successful bidder with the date, time, and place of the conference.

12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

(a) HUD has determined that the contract awarded under this solicitation is subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)).

Section 7(b) requires that any contract or subcontract entered into for the benefit of Indians shall require that, to the greatest extent feasible

(1) Preferences and opportunities for training and employment (other than core crew positions; see paragraph (h) below) in connec-tion with the administration of such contracts or subcontracts be given to qualified “Indians.” The Act defines “Indians” to mean persons who are members of an Indian tribe and defines “Indian tribe” to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and,

(2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de-fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C.

1452). That Act defines “economic enterprise” to mean any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership must constitute not less than 51 percent of the enterprise; “Indian organization” to mean the governing body of any Indian tribe or entity established or recognized by such governing body; “Indian” to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act; and Indian “tribe” to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog-nized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-tracts under the contract and in providing training and employment opportunities.

(2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor’s employment and training preference bid statement shall be grounds for termination of the contract or for the assessment of penalties or other remedies.

(c) If specified elsewhere in this solicitation, the IHA may restrict the solicitation to qualified Indian-owned enterprises and Indian organi-zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If fewer than the minimum required number of qualified Indian-owned enter-prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph

(d) below.

(d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is -

(1) Within the maximum HUD-approved budget amount estab-lished for the specific project or activity for which bids are being solicited; and

(2) No more than the percentage specified in 24 CFR 905.175(c) higher than the total bid price of the lowest responsive bid from any qualified bidder. If no responsive bid by a qualified Indian-owned economic enterprise or organization is within the stated range of the total bid price of the lowest responsive bid from any qualified enterprise, award shall be made to the bidder with the lowest bid.

(e) Bidders seeking to qualify for preference in contracting or subcontracting shall submit proof of Indian ownership with their bids.

Proof of Indian ownership shall include but not be limited to:

(1) Certification by a tribe or other evidence that the bidder is an Indian. The IHA shall accept the certification of a tribe that an individual is a member.

(2) Evidence such as stock ownership, structure, manage-ment, control, financing and salary or profit sharing arrangements of the enterprise.

(f) (1) All bidders must submit with their bids a statement describ-ing how they will provide Indian preference in the award of subcon-tracts. The specific requirements of that statement and the factors to used by the IHA in determining the statement’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement shall be rejected as nonresponsive.

The IHA may require that comparable statements be provided by subcontractors to the successful Contractor, and may require the Contractor to reject any bid or proposal by a subcontractor that fails to include the statement.

(2) Bidders and prospective subcontractors shall submit a certification (supported by credible evidence) to the IHA in any instance where the bidder or subcontractor believes it is infeasible to provide Indian preference in subcontracting. The acceptance or rejection by the IHA of the certification shall be final. Rejection shall disqualify the bid from further consideration.

(g) All bidders must submit with their bids a statement detailing their employment and training opportunities and their plans to provide preference to Indians in implementing the contract; and the number or percentage of Indians anticipated to be employed and trained.

Comparable statements from all proposed subcontractors must be submitted. The criteria to be used by the IHA in determining the statement(s)’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement(s), or that includes a statement that does not meet minimum standards required by the IHA shall be rejected as nonresponsive.

(h) Core crew employees. A core crew employee is an individual who is a bona fide employee of the contractor at the time the bid is submitted; or an individual who was not employed by the bidder at the time the bid was submitted, but who is regularly employed by the bidder in a supervisory or other key skilled position when work is available. Bidders shall submit with their bids a list of all core crew employees.

(i) Preference in contracting, subcontracting, employment, and training shall apply not only on-site, on the reservation, or within the IHA’s jurisdiction, but also to contracts with firms that operate outside these areas (e.g., employment in modular or manufactured housing construction facilities).

(j) Bidders should contact the IHA to determine if any additional local preference requirements are applicable to this solicitation.

(k) The IHA [ ] does [ ] does not [Contracting Officer check applicable box] maintain lists of Indian-owned economic enterprises and Indian organizations by specialty (e.g., plumbing, electrical, foundations), which are available to bidders to assist them in meeting their responsibility to provide preference in connection with the administration of contracts and subcontracts.

form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications, and Other Statements of Bidders

Public and Indian Housing Programs

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs

Table of Contents

Clause Page

1. Certificate of Independent Price Determination 1

2. Contingent Fee Representation and Agreement 1

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1

4. Organizational Conflicts of Interest Certification 2

5. Bidder's Certification of Eligibility 2

6. Minimum Bid Acceptance Period 2

7. Small, Minority, Women-Owned Business Concern Representation 2

8. Indian-Owned Economic Enterprise and Indian Organization Representation 2

9. Certification of Eligibility Under the Davis-Bacon Act 3

10. Certification of Nonsegregated Facilities 3

11. Clean Air and Water Certification 3

12. Previous Participation Certificate 3

13. Bidder's Signature 3

1. Certificate of Independent Price Determination

(a) The bidder certifies that--

(1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered;

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

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

(b) Each signature on the bid is considered to be a certification by the signatory that the signatory--

(1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

_______________________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above.

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

[ ] [Contracting Officer check if following paragraph is applicable]

(d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000)

(1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid.

2. Contingent Fee Representation and Agreement

(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter.

(b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder:

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

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

(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract.

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification.

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6. Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means the number of calendar days available to the…