Continuation Sheets for MFH Property Management Solicitation.doc

NAME OF OFFEROR OR CONTRACTOR

57-SO-11-0001

NAME OF OFFEROR OR CONTRACTOR

INSTRUCTIONS

The attached is a solicitation form. Please review the information and specifications carefully. If you wish to be considered, you will need to do the following:

1.

Complete Items 11 e & f, 12, 13, 14, 15 and 16 of the SF-18.

2. Furnish the information as itemized on Continuation Sheet(s) ___4___ in Section B, and also the information shown in Section K on Sheets __20-26_____ and in Section L on Sheets __27-28_____

3. Submit this information in a sealed envelope with "Offer for Solicitation # 57-SO-11-0001 To Be Opened on November 16, 2010” written on the outside. It must be sent to USDA, Rural Development as identified in Item #5a {Issuing Office} of SF-18, and MUST BE RECEIVED NO LATER THAN 3:00 pm, November 15, 2010, as this is the deadline for accepting offers. Any offer received after this date and time will be labeled "LATE" and returned unopened. No late offer/proposal will be accepted UNLESS it is sent by certified or registered mail AND mailed at least five (5) days prior to the closing date, OR sent by U.S. Postal Service and express mail AND mailed by 5:00 P.M. at least two (2) days prior to the closing date.

4.

Carefully read and review the entire solicitation including the contract clauses in Section I. If you have specific questions, please contact the person identified in item 5b on the SF-18.

5.

Quoters: When formulating your bid be certain to consider you must pay any employees working on this contract the prevailing wage for their job and location as required by the Service Contract Act. The Wage Rate Determinations for this solicitation are attached and may also be found electronically at: http://www.wdol.gov/sca.aspx#0 6.

Register at www.ccr.gov and https://orca.bpn.gov/

PART I - THE SCHEDULE

SECTION

TITLE

PAGE NO.

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS,

AND OTHER ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

* NOTE:

Page 1 of the Solicitation is Standard Form 18.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

NECESSARY SUPPLIES OR SERVICES:

The government is in need of a contractor to manage all Rural Development (RD) owned or acquired Multi-Family Housing properties in the service area of the Elkins, West Virginia Rural Development office. The current (as of 10/1/10) RD owned properties in the Elkins office service area are:

1. Glenville Gardens Apartments, a 16 unit complex located at 605 West Main Street, Glenville, WV 26351 Properties may be added or removed from the contract whenever necessary during the period of this contract, such as when a property is acquired or taken into custody by Rural Development and/or when a property is sold from Rural Development’s inventory. Any properties added will be managed at the monthly management fee per occupied unit that is quoted by the contractor in their proposal.

B.2

ACCESS FOR INSPECTION PRIOR TO BIDDING:

Access to the property can be gained by the method indicated below:

[X] Contact Robin Coberly, Rural Development Area Specialist at 304-636-2158.

[X] Keys to be obtained from the Rural Development Local Office identified herein. (Keys shall be returned to the Local Office no later than the following work day after they are signed out.)

[ ] Lock Box is on front or rear entry door. The combination for access can be obtained at the Local Office. The contractor shall maintain the confidentiality of the combination and shall not release it to any other person or firm without the express consent of the Rural Development Local Office having jurisdiction over the property.

B.3

TOTAL PROPOSED PRICE:

PRICE SCHEDULE

Item

Total Number of Apt Monthly Mgmt Fee Number No.

Description

Units (as of 10/1/10) per Apartment Unit of Months Amount Monthly Management 16 X $_________* X 10

Services for remainder of

FY 2011 (December 2010 –

September 2011)

Monthly Management 16 X $_________* X 12

Services for FY 2012

(October 2011 –

September 2012)

TOTAL ESTIMATED AMOUNT: $__________

*Quoter is to fill in Management Fee. See Rural Development Handbook-2-3560, Attachment 3-F for the maximum allowable per occupied unit per month management fee. Please note, pursuant to MFH regulations, actual monthly management fees paid will be based only on the number of occupied units.

NOTE: The unit prices quoted above include all wages, indirect costs, travel (mileage), overhead, general and administrative expense and profit. – See Rural Development Handbook-2-3560, Attachment 3-D.

The period of performance for this contract is from date of award through September 30, 2012 or until the subject properties leave RD’s inventory, whichever occurs first. This is a multiyear contract pursuant to 41 USC 254c and performance during the second year of the contract is contingent upon the appropriation of funds. As such, this multiyear contract shall be terminated if funds are not available for the continuation of such contract in any fiscal year covered by this contract.

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1

STATEMENT OF WORK:

1. SERVICES REQUIRED: This contract is for management services of all Multi-Family Housing Rural Development (RD) owned or acquired properties in the service area of the Elkins, West Virginia Rural Development office. The Contractor shall furnish all necessary personnel, materials, and otherwise do all things necessary to perform the required services at the fixed price offered below. Any property subject to this contract that is sold by RD during the term of this contract will no longer be subject to the terms of this contract and no further services will be rendered by the contractor on the sold property nor payments for those services made by RD as of the date legal ownership of the property is transferred from RD.

2. SCOPE: Upon receipt of a contract, the Contractor shall perform services for the management of the property. The Contractor will supply the necessary labor, time, attention and effort of the Contractor’s principals and employees regularly engaged in the business of the Contractor to properly discharge the obligations of the Contractor under this contract including supervision of maintenance and operation activities. The contractor will attach their proposed Management Agreement as Exhibit 1 as it is an integral part of this contract. The contractor will also attach the proposed Management Plan and its attachments as Exhibit 2.

3. DETAILED WORK REQUIREMENTS:

(a) Yard Maintenance Services: The Contractor shall oversee the yard maintenance service as follows: Maintain grounds to present a neat well-kept appearance. Trim shrubbery as necessary and when grass reaches approximately 4” in height, cut to 2” in height. Trim grass around foundations, fences, trees, etc., as necessary, and remove all clippings in yard. During winter months, keep all public walks clean of snow and ice as would be expected by a prudent homeowner. USDA Rural Development may inspect the work at any time. If sufficient funds are available in the Operating Account, payment for yard maintenance services not performed by the Contractor’s staff will be made by the Contractor.

If sufficient funds are not available in the Operating Account for payment of those yard maintenance services unable to be performed by the Contractor’s staff the Contractor will notify the USDA Rural Development Contracting Officer who will award the work to a vendor with whom USDA Rural Development has an established contract.

(b) Budget.

(1) Preparation. The Contractor shall prepare an original project budget and monthly reports for submission to Rural Development for approval. Monthly reports shall be due in the Rural Development Servicing Office by the 20th day of the month immediately following the close of the respective reporting period. For each subsequent fiscal year the Contractor shall prepare a new budget.

(2) Budget Categories. The budget shall be prepared using the format and categories of Rural Development Form 3560-7, “Multiple Family Housing Project Budget”.

(c) Rentals. The Contractor will offer for rent and will rent the dwelling units in the Project. The following provisions will apply:

(1) The Contractor will follow the tenant selection policy prescribed in RD Instruction HB-

2-3560.

(2) The Contractor will show the premises to prospective tenants.

(3) The Contractor will take and process applications for rentals in accordance with the following sections of HB-2-3560, MFH Asset Management Handbook, Chapter 6: Section 6.18 (A); Exhibit 6-5; and Section 6.25. If an applicant is rejected, the Contractor will inform the applicant in writing of the reason for rejection. The rejected application, with reason for rejection noted thereon, will be kept on file until a compliance review has been conducted. If the rejection is because of information obtained from a Credit Bureau, the source of the report must be revealed to the applicant according to the Fair Credit Reporting Act. A current list of prospective tenants will be maintained according to RD Instruction HB-2-3560.

(4) The Contractor will counsel all prospective tenants regarding eligibility and will prepare and verify eligibility certifications and recertifications in accordance with Rural Development requirements.

(5) The Contractor will prepare all dwelling leases, parking permits, and will execute the same in its name, identified thereon as Contractor for Rural Development. The terms of all leases will comply with the relevant provisions of Rural Development regulations. Dwelling leases will be in a form approved by Rural Development.

(6) Rural Development will furnish the Contractor with rent and income report forms required, showing rents as appropriate for dwelling units, other charges for facilities and services, income data relevant to determinations of tenant eligibility and tenant rents. In no event will the rents and other charges be exceeded.

(7) Immediately upon award of this contract the Contractor will ascertain that each of the current tenants is properly certified and has a current signed lease. Tenants will be certified and will execute leases as necessary or be asked to move from the complex if ineligible.

(d) Enforcement of Leases. The Contractor will ensure full compliance by each tenant with the terms of the Lease. Voluntary compliance will be emphasized. The Contractor, using the services of local social service agencies when available, will counsel tenants and make referrals to community agencies in cases of financial hardship or other circumstances deemed appropriate by the Contractor. Involuntary termination of tenancies should be avoided to the maximum extent consistent with sound management of the Project. In the case of necessary termination, the Contractor will follow the procedures of 7 CFR 3560.159 and will notify the Rural Development Area Office before beginning eviction proceedings on behalf of the Government.

(e) Collection of Rents, Security Deposits and other Receipts. The Contractor will collect when due all rents, charges, and other amounts receivable on the account in connection with the management and operation of the Project. Such receipts will be deposited immediately in the project’s General Operating Account to be established at a bank, whose deposits are insured by an agency of the Federal Government. The Contractor will collect, deposit and disburse security deposits, if required, in compliance with any State or local laws governing tenant security deposits. Security deposits will be deposited by the Contractor in a separate account, at a Federally insured institution. This account will be carried in Rural Development’s name and designated on the records as “(Name of Project) Security Deposit Account”.

(f) Accounting System. The Contractor must develop a systematic method to record the business transactions of the project that appropriately reflects the complexity of project operations. The Contractor may be required to implement and use a bookkeeping and accounting system as prescribed by Rural Development. The following accounts will be established as applicable:

(1) General Operating Account. This account records all project income and disbursements. Excess project cash held in this account may be combined with other project funds described below in temporary (immediate call) interest bearing accounts when separate bookkeeping records are maintained by individual project accounts. This will usually be a checking account which must be maintained in a financial institution insured by the Federal Government.

(A) Deposits. All income and revenue from the housing project shall, upon receipt, immediately be deposited in the General Operating Account. This will include rent receipts, housing subsidy payments, laundry revenue, or any other project income. The Contractor may also, at their discretion at any time, deposit therein other funds which are also to be used for purposes authorized by this section including transfer from the Reserve Account. Housing Assistance Payments received from the Department of Housing and Urban Development (HUD), and local housing authorities as well as Rural Development rental assistance payments shall be deemed to be revenue derived from the operation of the project obligations.

(B) Disbursement. Not later than the 15th of each month, out of the General Operating Account, the Contractor shall pay or fund the actual, reasonable and necessary monthly project expenses. Current expenses may include the initial purchase and installation of furnishings and equipment with any funds deposited in the General Operating Account which are not proceeds of the loan or income or revenue from the project. Other authorized disbursements are real estate tax escrow, and reserve, as applicable. Any balance remaining in the General Operating Account, except as authorized above, may be retained or transferred to the Reserve Account.

(2) Real Estate Tax Escrow Account. Funds recorded in this account may be deposited in a separate interest bearing account at a Federally insured financial institution. Each month after the payment of actual, reasonable, and necessary current operating and maintenance expenses, there shall be transferred from the General Operating Account to the Real Estate Tax Escrow Account an amount equal to one-twelfth of the total anticipated real estate tax for the year. Any interest earned shall be prorated based on the amount held in the escrow account at the time the interest is earned and it shall accrue and be part of the account. Funds in the Real Estate Tax Escrow Account shall be used only as authorized by this section and until so used, shall be held by the Contractor in the trust for the Government.

(3) Reserve Account. Funds recorded in this account shall be held at a Federally insured financial institution in a separate interest bearing supervised bank account or accounts requiring Rural Development countersignature. Required reserve installments shall be transferred to the Reserve Account at the monthly rate stipulated by the Area Office. Monthly transfers will continue until the account reaches the total amount specified by Rural Development. Monthly transfers shall be resumed the next month following disbursement from the Reserve Account until it is restored to the specified total minimum sum. Funds in the Reserve Account shall be used only for authorized purposes as described below and, until so used, shall be held by the Contractor in trust for the project. Reserve Account funds not immediately needed for authorized purposes may be invested in saving certificates insured by a Federal institution, or invested in readily marketable obligations of the United States Treasury Department, the earnings on which shall accrue to the reserve account. Interest earnings may be used to meet the monthly installments to the Reserve Account and/or to meet a modified and higher reserve level established periodically by Rural Development. Such amendment may be made to build reserve for scheduled replacement of depreciable property items in addition to general reserve requirements. Any amount in the reserve account which exceeds the total sum specified by Rural Development may be transferred to the General Operating Account for authorized purposes, only when it is agreed to by Rural Development to be in excess of the required amount. However, the Rural Development Specialist may direct the excess sum to be retained in the Reserve Account when determined necessary to protect the Government’s interest. With prior consent of the Government, funds in the Reserve Account may be used by Contractor for the following purposes:

(A) To pay costs of repairs or replacements to the housing, furnishings or equipment caused by catastrophe or long-range depreciation which are not current expenses. Withdrawals for approved purposes should be approved in advance during the annual budget approval process.

(B) To make improvements to the housing project without creating new living units.

(C) For other purposes desired, which in the judgment of the Government will strengthen the property.

(4) Tenant Security Deposit Account. Upon receipt, all tenant security deposit funds collected shall be deposited in a separate account at a Federally insured financial institution, and shall be handled according to any State or local laws governing tenant security deposits. All tenant security deposit funds collected shall be recorded in a bookkeeping account that is separate from the project bookkeeping accounts. Funds in the Tenant Security Deposit Account shall only be used for authorized purposes as intended and represented by the project management plan. They shall be held by the Contractor in trust for the respective tenants until so used. Any amount in the Tenant Security Deposit Account which is retained by the Contractor as a result of lease violations, shall be transferred to the General Operating Account and treated as income of the housing. In no case will interest earned on security deposits accrue to the Contractor. Any interest earned but not returned to the tenants will accrue to the project’s General Operating Account for disposition as outlined in the management plan.

(g) Maintenance and Repair. The Contractor will maintain and oversee the repair of the project in accordance with this Statement of Work and local codes, and keep it in a condition acceptable to Rural Development at all times. This will include, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, energy conservation measures and practices; and such other maintenance repair work as may be necessary, subject to any limitations imposed by Rural Development in addition to those continued herein. At any time when insufficient project income exists to pay for maintenance and/or repairs and the Contractor will seek payment from USDA Rural Development, the following guidelines apply: For any single purchase of goods or services exceeding the micro-purchase threshold of the Federal Acquisition Regulation, the Contractor will refer the purchase request to USDA Rural Development for processing by the Contracting Officer. The micro-purchase threshold of the Federal Acquisition Regulation is defined as:

Micro-purchase threshold means $3,000, except it means -

(1) For acquisitions of construction subject to the Davis-Bacon Act, $2,000;

(2) For acquisitions of services subject to the Service Contract Act, $2,500...

FAR Part 2.101

Additionally, the Contractor must seek approval from Rural Development’s Multi-Family Housing (MFH) Division before making any micropurchases. The Multi-Family Housing Division will submit a Form RD 1955-62 to Rural Development’s Program Loan Cost Coordinator to determine funds availability for the micropurchase. Once the MFH Division receives confirmation of funds availability, they will then instruct the Contractor to proceed with the micropurchase.

Reimbursables (i.e. taxes, utilities, insurance, etc.) are not subject to the above spending limits.

Incident thereto, the following provisions apply:

(1) Subject to the Rural Development’s prior written approval, the Contractor may contract with a qualified third party to do weekly cleaning, vacuuming and trash removal of common areas and collecting and accounting of laundry income.

(2) Special attention will be given to preventive maintenance, and to the greatest extent feasible, the services of regular maintenance employees will be used.

(3) Subject to Rural Development’s prior written approval, the Contractor may contract with qualified independent contractors for repairs beyond the capability of regular maintenance employees such as repair of air-conditioning systems, heating systems and the changing of locks.

(4) The contractor will systematically receive and promptly investigate all service requests from tenants, take such action as may be justified, and keep records of the same. Emergency requests will be received and serviced on a twenty-four (24) hour basis. Serious complaints will be reported to Rural Development after investigation.

(5) Notwithstanding any of the foregoing provisions, the prior written approval of Rural Development’s Contracting Office will be required for any expenditure which exceeds the limits listed above in Section 3(g) in any one instance for labor, materials, or otherwise in connection with the maintenance and repairs of the Project. This limitation is not applicable for recurring expenses within the limits of the operating budget or emergency repairs involving manifest danger to persons or property, or that are required to avoid suspension of any necessary service to the project. In the latter event, the Contractor will inform Rural Development of the facts promptly.

(6) The Contractor will advise Rural Development of any cost-effective energy conservation measures adaptable to the project. The Contractor will encourage their use and will assist Rural Development during any installation of these measures.

(h) Utilities and Services. The Contractor will make arrangements for water, electricity, gas, fuel oil, sewage and trash disposal, and vermin extermination, as necessary.

(i) Taxes, Fees and Assessments. The Contractor shall pay all taxes, assessments and government fees promptly when due and payable from the Real Estate Tax Escrow account. The Contractor shall also evaluate local property taxes to insure they bear a fair relationship to the project value and appeal, when appropriate.

(j) Employees. The proposed staffing plan to be submitted with this proposal prescribes the number, qualifications, and duties of the personnel to be regularly employed in the direct management of the Project, including a Site Manager, if appropriate, maintenance, bookkeeping, clerical and other managerial employees. All such personnel will be employees of the Contractor and not Rural Development, and will be hired, paid, supervised, and discharged by the Contractor. Site employee salaries will be paid by the Contractor directly from the project’s General Operating Account. This account will also reimburse the Contractor for Workers Compensation, Social Security taxes, and other taxes normally paid by the employer dealing with wages. Contractor employees who work off-site or in the Contractor’s office will be paid directly by the Contractor out of the Management fee paid by the Project.

4. REPORTS: The Contractor will furnish information (including occupancy reports) as may be requested by Rural Development and/or the Office of Inspector General with respect to the project’s financial, physical, or operational condition. The Contractor will also prepare and electronically submit via MINC (Management Interactive Network Connection) the following:

Form RD 3560-8 – “Tenant Certification”

Form RD 3560-7 – “Multiple Family Housing Project Budget” (Annually)

Form RD 3560-7 – “Year End Actual Income and Expense”

Form RD 3560-10 – “Year End Balance Sheet”

The Contractor will complete and submit actual income and expense information by the 20th of the following month to Rural Development on Form RD 3560-7. The Contractor will complete any additional forms and data prescribed by Rural Development affecting the operation and maintenance of the project.

SECTION E

INSPECTION AND ACCEPTANCE

E.1

INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. The contractor will make their place of business and all documentation related to this contract available for inspection by USDA Rural Development employees during normal business hours.

(b) In order to facilitate timely, economical and regular inspection and review by USDA Rural Development staff of the contractor’s employees and/or any and all of the contractor’s documentation related to this contract, the contractor must be able to produce any and all employees working on this contract as well as any and all documentation related to this contract within one business day’s notice at either USDA Rural Development West Virginia’s headquarters in Morgantown, West Virginia or the USDA Rural Development Elkins, West Virginia Area Office.

(c) Inspection and acceptance may be performed at each inventory property as well as at USDA Rural Development, 1550 Earl Core Road, Suite 101, Morgantown, WV 26505, the USDA Rural Development Elkins, West Virginia Area Office and/or the contractor’s place of business.

SECTION F

DELIVERIES OR PERFORMANCE

F.l

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to

(a) prosecute the work diligently, and

(b) begin carrying out the entire work

(TO BE INSERTED

no later than _________________________

AT TIME OF AWARD)

(Contractor must begin work no more than 30 days from the date the “Notice to Proceed” is issued).

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 The Contracting Officer designated for this requirement is as follows:

Melissa S. Chase, C.O.

USDA, Rural Development

1550 Earl Core Road Suite 101 Morgantown, WV 26505 Telephone Number: (304) 284-4890 G.2

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) may be designated after contract award. The contractor will be notified by letter, or form, of the name and duties of the COR, if applicable.

G.3

CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

G.4

PAYMENTS/SUBMISSION OF INVOICES

a.

PAYMENTS: The Contractor will submit monthly invoices for its services including overall management (the monthly occupied unit management fee) to the Contracting Officer’s Representative or Contracting Officer. Invoices in substantially the same format as Exhibit D will be submitted no later than the 10th day of the succeeding month. Any reimbursable expenses should be invoiced separately.

Expenses for which insufficient funds exist in the Operating & Maintenance budget should be referred back to Rural Development for payment.

b.

Payment will be made upon work completion, acceptance of work by the COR, and submission of a proper invoice.

c.

Invoices must contain the following information:

1.

Name and Address of the Contractor This must be the check mailing address.

2.

Contract (Purchase Order) Number

3.

Invoice Number and date

4.

Description of Services

5. Delivery and payment terms (e.g. prompt payment discount terms)

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1

CONDUCT

During the course of this contract, the Contractor will maintain the same high standards of honesty, integrity, impartiality, confidentiality of information, and conduct as Government employees are expected to maintain. The Contractor will not engage in other employment which is incompatible with the duties of this contract. The Contractor will not, directly or indirectly, engage in financial transactions of any kind of business dealings relying on information obtained through the performance of this contract. The Contractor will not have a direct or indirect financial or other interest that conflicts, or appears to conflict, with its responsibilities and duties under this contract.

H.2

RURAL DEVELOPMENT REQUIREMENTS

In performing its duties under this contract, the Contractor will comply with all relevant requirements of Rural Development. Rural Development requirements include preparation of forms and reports in the format of prescribed Rural Development forms and exhibits.

1. COMPLIANCE WITH GOVERNMENTAL ORDERS: The Contractor will take such action as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Project, whether imposed by federal, state, county or municipal authority, subject, however, to any stated limitations with respect to repairs. The Contractor will notify Rural Development in writing of all notices of such orders or other requirements, within seventy-two (72) hours from the time of their receipt.

2. NONDISCRIMINATION: In the performance of its obligations under this contract, the Contractor will comply with the provisions of any Federal, State or local law prohibiting discrimination in housing on the grounds of race, color, religion, sex, age, marital status, national origin, or physical or mental handicap (applicant must have capacity to execute a legal contract) including Title VI of the Civil Rights Act of 1968, Executive Order 11246, and the Equal Credit Opportunity Act of 1974, as they relate to Rural Development.

3. BIDS, DISCOUNTS, REBATES, ETC.: With prior approval of Rural Development, the Contractor will obtain contracts, materials, supplies, utilities, and services on the most advantageous terms to the Project, and is authorized to solicit bids, either formal or informal, for those items which can be obtained from more than one source. The Contractor will secure and credit to the project all discounts, rebates or commissions obtainable with respect to purchases, service contracts, and all other transactions on the project’s behalf.

4. This contract may be terminated by the mutual consent of the Principal Parties as of the end of any calendar month, provided that at least thirty (30) days advance written notice thereof with reasons given is submitted to Rural Development. This provision may be superseded by actions of the U.S. District Court.

5. Upon termination of this contract, the Contractor will submit to Rural Development, or another designated owner as specified by Rural Development, all project books and records and any financial statements required by Rural Development, along with any keys held by the Contractor.

6. CONTRACTOR’S INDEMNIFICATION: Notwithstanding any other provision of this contract or any obligation of Contractor hereunder, it is understood and agreed: (a) that Rural Development has assumed and will maintain its responsibility and obligation through the term of this contract for the finances and the financial stability of the project; and (b) that the Contractor shall have no obligation, responsibility or liability to fund authorized project costs, expenses, or accounts other than those funds generated by the project itself or provided to the project or to the Contractor by Rural Development. Moreover, Rural Development hereby indemnifies the

Contractor and agrees to hold it harmless with respect to project costs, expenses, accounts, liabilities and obligations during the term of this contract and further agrees to guarantee to the Contractor the payment of its compensation under this contract during the term of this contract.

7. The Contractor shall be liable for any loss from, or injury to, any property resulting solely from the Contractor’s negligence and/or failure to perform the services provided for herein.

8. The Contractor waives, releases, and discharges the Government from any and all claims, demands, and causes for action for damages to person(s) and/or property which may arise in any manner incident to the execution of this purchase order, except his/her rightful claim for payment or compensation, as provided herein.

9. The Contractor shall obtain the services of qualified employees in all instances, and the Contractor is responsible for actions or omissions of employees in performance of work under this contract. The Contractor shall not commit, nor permit others to commit any waste, or unlawful acts or nuisances upon property assigned.

10. The Contractor shall not provide information on, nor permit inspection of, any properties assigned under this contract until receiving notice from Rural Development that the property is listed for sale. This prohibition does not apply to firms or individuals responding to solicitations to repair a property and seeking information or making an inspection for that purpose.

11. GOVERNMENT FURNISHED MATERIAL: The Government shall provide the following for use in performance of this contract:

(a) Copies of necessary Rural Development regulations.

(b) Any applicable poster, forms and signs

(c) Award repair contracts in excess of the spending limits listed in section D 3(g) above, which are required to secure, protect or repair the property.

PART II - CONTRACT CLAUSES

SECTION I

CLAUSES

I.l CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://www.acquisition.gov/far/ FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER l) CLAUSES INCORPORATED BY REFERENCE:

CLAUSE

NUMBER DATE TITLE_________________________________

52.204-7 Apr 2008 Central Contractor Registration

52.213-4 Jul 2010 Terms and Conditions -- Simplified Acquisitions (Other than Commercial Items)

52.219-1 May 2004 Small Business Program Representations

52.219-6 June 2003 Notice of Total Small Business Set-Aside

52.222-22 Feb 1999 Previous Contracts and Compliance Reports

52.222-25 Apr 1984 Affirmative Action Compliance

52.222-41 Nov 2007 Service Contract Act of 1965

52.222-42 May 1989 Statement of Equivalent Rates for Federal Hires (Wage Determinations attached for the counties in which the inventory properties are located)

52.222-43 Sep 2009 Fair Labor Standards Act and Service Contract Act – Price

Adjustment (Multiple Year and Option Contracts)

52.223-6 May 2001 Drug-Free Workplace

52.224-1 Apr 1984 Privacy Act Notification

52.224-2 Apr 1984 Privacy Act

52.232-18 Apr 1984 Availability of Funds

52.232-19 Apr 1984 Availability of Funds for the Next Fiscal Year

52.237-3 Jan 1991 Continuity of Services

52.243-1 Aug 1987 Changes--Fixed Price (Aug 1987), Alternate I (Apr 1984)

52.249-1 Apr 1984 Termination for Convenience of the Government (Fixed-

Price)(Short Form)

52.249-8 Apr 1984 Default (Fixed-Price Supply and Service)

I.2 52.204-8 Annual Representations and Certifications, (FEB 2009)

ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 531311 (Residential Property Managers).

(2) The small business size standard is $2,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE #

TITLE

DATE

CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J

LIST OF ATTACHMENTS

Exhibit A Form RD 3560-8, “Tenant Certification”, 8 pages Exhibit B RD Instruction 7 CFR 3560.160, “Tenant Grievance Procedures”, 5 pages Exhibit C Form RD 3560-7, “Multiple Family Housing Project Budget”, 23 pages Exhibit D Sample Invoice, 1 page Exhibit E Form HUD-935.2A, “Affirmative Fair Housing Marketing Plan”, 12 pages Exhibit F Wage Determination No.: 2005-2573

PART IV

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS OR QUOTERS

K.1

TAXPAYER IDENTIFICATION

(FAR 52.204-3) (OCT 1998)

(a) Definitions.

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

{ } TIN: ______________________________.

{ } TIN has been applied for.

{ } TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or Local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other ____________________________________

(f) Common Parent.

Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

Name and TIN of common parent:

Name:____________________________________________________

TIN:_____________________________________

(End of Provision)

K.2

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (52.204-6) (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or

DUNS+4”that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds

Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of Provision) K.3

SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (MAY 2004)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 531311.

(2) The small business size standard is $2.0 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it { } is, { } is not a small business concern.

(2) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it { } is, { } is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it { } is, { } is not a women-owned small business concern.

(4) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it { } is, { } is not a veteran-owned small business concern.

(5) [Complete only if offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it { } is, { } is not a service-disabled veteran-owned small business concern.

(6) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that

i. it { } is, { } is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

ii. it { } is, { } is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: _________________________________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision--

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

i. Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

ii. The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern---

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

K.4 Certification Regarding Responsibility Matters (FAR 52.209-5)

(Apr 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) { } Are; { } are not, presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) { } Have; { } have not, within a three-year period preceding this offer, been convicted of or had a civil judgement rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror…