INVITATION FOR BIDS (IFB) No. B26003:

600 E. 4th Street Renovation

INVITATION FOR BID (IFB)

B26002 600 E. 4th Street Renovation

Wilmington Housing Authority February 5, 2026

INVITATION FOR BIDS (IFB)

No. B21001

DOMESTIC WATER REPLACEMENT AT

IHY APARTMENTS

320 E. 5th St

IFB Document

Table of Contents [Table No. 1]

INTRODUCTION

The Wilmington Housing Authority (hereinafter, “the Agency”) is a public entity that was formed in 1938 to provide federally subsidized housing and housing assistance to low-income families within the City of Wilmington, DE. The Agency is headed by an Executive Director (ED) and is governed by a nine-person board of commissioners and is subject to the requirements of Title 2 of the Code of Federal Regulations (hereinafter, “CFR”) and the Agency’s procurement policy.

In keeping with its mandate to provide efficient and effective services, the Agency is now soliciting bids from qualified, licensed, and bonded entities to install Heating, ventilation, and air conditioning (HVAC) systems at our Park View apartment building property located at 1800 North Broom Street in Wilmington. All bids submitted in response to this solicitation must conform to all the requirements and specifications outlined within this document and any designated attachments in its entirety.

Each bid must be accompanied by a bid bond duly executed by the bidders as principal and having as Surety Company approved according to T-Listing Circular 570, in the amount of 10% of the bid.

IFB INFORMATION AT A GLANCE

[Table No. 2]

AGENCY CONTACT PERSON

(NOTE: Unless otherwise specified, any reference herein to “Contracting Officer” or “(CO)” shall be a reference to Ms. Mills.)

Frank Ginocchio, Procurement Services e-Mail: XMills@whadelaware.org WHA Central Office 321 East 11th Street, Wilmington, DE 19801

TDD/TTY: (800) 232-5460

2. Click on the “Login/Register” button in the upper right corner.

3. Follow the listed directions.

4. If you have any problems in accessing or registering on

5. Bonfire/Euna please email: support@gobonfire.com

Site visit immediately after pre-bid meeting

THE AGENCY’S RESERVATION OF RIGHTS. The Agency reserves the right to:

1.1 Right to Reject, Waive, or Terminate the IFB. Reject any or all bids, to waive any informality in the IFB process, or to terminate the IFB process at any time, if deemed by the Agency to be in its best interests.

1.2 Right to Not Award. Not to award a contract pursuant to this IFB.

1.3 Right to Terminate. Terminate a contract awarded pursuant to this IFB, at any time for its convenience upon 10 days written notice to the Contractor(s).

1.4 Right to Determine Time and Location. Determine the days, hours, and locations that the Contractor (s) shall provide the services called for in this IFB.

1.5 Right to Retain Bids. Retain all bids submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving bids without the written consent of the Agency Contracting Officer (CO).

1.6 Right to Reduce or Add Line Items of work. Deduct the costs of line items in order to meet the Agency’s budget for this work

1.7 Right to Reject any Bid. Reject and not consider any bid that does not meet the requirements of this IFB, including but not necessarily limited to incomplete bids and/or bids offering alternate or non-requested services.

1.8 No Obligation to Compensate. Have no obligation to compensate any bidder for any costs incurred in responding to this IFB.

1.9 Right to Prohibit. At any time during the IFB or contract process to prohibit any further participation by a bidder or reject any bid submitted that does not conform to any of the requirements detailed herein. By accessing the online Bonfire (Euna) procurement portal and by downloading this document, each prospective bidder is thereby agreeing to abide by all terms and conditions listed within this document and within the online Bonfire (Euna) procurement portal, and further agrees that he/she will inform the CO in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the Agency that he/she feels needs to be addressed. Failure to abide by this time-frame shall relieve the Agency, but not the prospective bidder, of any responsibility pertaining to such issue.

1.10 Right to Reject – Obtaining Competitive Solicitation Documents. The online Bonfire (Euna) procurement portal is the only official and appropriate venue to obtain the IFB documents (and any other information pertaining to this IFB such as addenda). Accordingly, by submitting a response to this IFB the respondent thereby affirms that he/she obtained all information on the online Bonfire (Euna) procurement portal. Any other group such as an association or a bid depository that informs potential respondents of the availability of such competitive solicitations are hereby instructed to not distribute these documents to any such potential respondents, but to instruct the potential respondents to visit the online Bonfire (Euna) procurement portal to obtain the documents. The Agency will reject without consideration any response submitted from a firm that has not obtained the documents from the online Bonfire (Euna) procurement portal.

2.0 SCOPE OF WORK/TECHNICAL SPECIFICATIONS.

The Agency is seeking qualified, licensed, and insured vendor to complete the renovation of 600 E. 4th Street (including roof) per Drawings.

2.1 General Conditions/Work Standards.

2.1.1 Labor Rates All-inclusive. Unless otherwise provided for herein, the labor fees bid shall be all- inclusive of all other items, services, and costs that the Contractor needs to complete the work, including but not limited to: tools; equipment; insurance; licensing; employee costs, including benefits; etc.

2.1.2 Permits. If required, the Contractor shall obtain all required permits pertaining to any assigned work (NOTE: The Agency will reimburse the Contractor for the government-mandated fees pertaining to such permits, but not for additional labor, profit, or overhead for obtaining such).

2.1.3 Safety Standards. It is the responsibility of the Contractor to ensure that each of its workers knows and abides by safety precautions in the use of tools and equipment in providing these services. The Contractor shall, upon request from the Agency, provide the Agency with a copy of its safety policy.

2.1.4 Warranty/Guarantee. All work provided by any Contractor pursuant to any contract shall be warranted or guaranteed by that Contractor for a period of time of not less than one year.

2.1.5 Work Standards. It is the responsibility of each Contractor to ensure that each worker provided by the Contractor shall be fully trained and qualified to provide any assigned work. Accordingly, all work provided shall be guaranteed by the Contractor to be performed in a workmanlike manner and in accordance with all applicable laws, codes, and/or regulations.

Work Specifications.

SCOPE OF WORK/SPECIFICATIONS/PLANS/DRAWINGS

3.0 BID FORMAT.

3.1 Bid Submittal. The Agency intends to award the work to the lowest priced responsive and responsible bidder.

In order for the Agency to properly evaluate the offers received, all bids submitted in response to this IFB must be submitted on the online Bonfire (Euna) procurement portal in accordance with the documents noted within Table No. 3 immediately following. In any event, the following information and forms must be submitted in order for the vendor to be deemed responsive to this IFB. None of the proposed services may conflict with any requirement the Agency has published herein or has issued by addendum.

3.2 Entry of Proposed Fees.

The Information for Proposers relating thereto, the undersigned hereby offers to furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary for, or proper for, or incidental to the HVAC Preventative Maintenance Project, as required by, and in strict accordance with the applicable provisions of plans and specifications and all addenda issued by the Wilmington Housing Authority or its Engineer prior to the date of opening the Proposals whether received by the undersigned or not for the amount Proposal based on the following unit and/or lump sum prices: NOTE: Extension of Unit Prices must be exact.

Contingency - A $19,000.00 contingency fund will be set aside for unforeseen conditions identified after construction commences to minimize interruption for small changes. WHA will own and manage the contingency.

3.2.1 The bid shall be submitted by the Bidder and received by the Agency where provided on the Bonfire (Euna) Website only.

3.2.2 Pricing Items. Unless otherwise stated herein, the proposed fees are all-inclusive of all related costs that the Contractor will incur to provide the noted services, including, but not limited to the following: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; long distance telephone calls; travel expenses; document copying not specifically agreed to by the Agency; and other applicable costs.

3.3 Additional Information Pertaining to the above Pricing Items.

3.3.2.1 Review the Entry of Proposed Fees. The Agency strongly recommends that each bidder, after entry of these proposed fees within the Bonfire (Euna) procurement portal, print the receipt provided and review the entry to ensure that the bidder has entered the proposed fees correctly and as the bidder intended to meet the requirements herein (the Bonfire/Euna procurement portal will allow the bidder to immediately re-enter the Bonfire/Euna at any time prior to the posted deadline to correct any such entry). The bidder will NOT be able to correct this entry after the posted deadline has expired, which means that the Agency will utilize such entry, correct or incorrect, to makes a determination as to the placement of bidders within the “pool” identified within the preceding Section 2.4 herein.

3.3.3 Potential Escalation of Labor Rates. At the discretion of the CO, at the end of the first one-year contract period (and at the end of any ensuing extended contract period), there may be an escalation of labor costs allowed in the same amount of any escalation that occurs pertaining to the corresponding or most similar State of Delaware Prevailing Wage Rates ("most similar," as determined by and at the sole discretion of the Agency). For example, if, at the end of the first contract period the listed prevailing wage rates increase 5% as compared with the listed rates on the date of contract execution, then the Contractor will, at the CO’s discretion, be entitled to a 5% increase in the labor rates that he/she submitted in response to this IFB. Similarly, for ensuing years, the end-date of the previous contract period shall be the base-line date to determine the previous listed wage rate.

3.3.3.1 Notification Must Be Received From the Contractor. The Contractor must notify the CO, in writing, of such desired escalation at least 60 days prior to the end of the noted contract period(s). Such escalations may occur no more than once in any 12-month period without the express written consent of the CO.

3.3.3.2 Right to Reject. As stated within the preceding Section 3.3.3, the Agency reserves the right to reject any such request for an increase in fees if the Agency feels doing so is in its best interests. Similarly, the successful bidder has the right to terminate services if the Agency rejects the request for an increase. This will occur in the following manner (procedure):

3.3.3.2.1 Step No. 1. The successful bidder submits his/her written request for an increase, accompanied by the required documentation, to the Agency CO within the required 60-day period (please see the preceding Section 3.3.3.1 herein);

3.3.3.2.2 Step No. 2. The Agency considers the requested increase and, within 10 days of receipt of such, issues a written response to the successful bidder as to if the request is approved or rejected;

3.3.3.2.3 Step No. 3. If rejected and the successful bidder wishes to, as a result, cease providing the services to the Agency, the successful bidder has 10 days from the receipt of the written notice of rejection to deliver to the Agency CO a written notice that he/she is hereby invoking his/her right to discontinue the services within 120 days of the date this notice was delivered to the Agency (the specific date 120-days hence shall be written within the notice);

3.3.3.2.4 Step No. 4. The Agency will then endeavor to ensure that the Agency makes other arrangements to replace the successful bidder (e.g. contract with another firm; do the services in-house; etc.) as the Contractor for the applicable services; further, if such other arrangements are completed by the Agency prior to the aforementioned 120-day date, the Agency shall retain the right to deliver to the original successful bidder, a 10-day written notice to cease services (meaning, the 120-day period is a maximum additional contract period that the Agency may, at its discretion, shorten with such written notice).

3.3.4 Overtime. Pursuant to the Contract Work Hours and Safety Standards Act, overtime shall be not less than time and one half for hours worked in excess of 40 hours per week. The Agency shall consider regular time to be Monday-Friday (excluding holidays), 8:00 AM – 4:30 PM. Accordingly, the Agency will pay a rate of 1.5 of the listed hourly rates herein for any work the Agency formally requests that the successful bidder work specifically during non-regular-time hours; however:

3.3.4.1 The Agency shall NOT be responsible to pay the successful bidder for any work that the successful bidder CHOOSES to work during non-regular-time hours; meaning, if the necessity for the work “after hours” is due to the Contractor’s lack of staffing or if such work is to support any of the work the Agency expects that such work will be provided during normal work hours. The exception to this shall be if a “non-normal” action by the Agency or an “Act of God” causes the Contractor to work “after hours” to solve the problem, then aforementioned over-time rule shall apply. All such overtime work must be pre-approved in writing by the Agency.

3.4.1 Submission Conditions. DO NOT MAKE ANY ADDITIONAL MARKS, NOTATIONS OR REQUIREMENTS ON THE DOCUMENTS TO BE SUBMITTED! Bidders are not allowed to change any requirements or forms contained herein, either by making or entering onto these documents or the documents submitted any revisions or additions; and if any such additional marks, notations or requirements are entered on any of the documents that are submitted to the Agency by the bidder, such may invalidate that bid. If, after accepting such a bid, the Agency decides that any such entry has not changed the intent of the bid that the Agency intended to receive, the Agency may accept the bid and the bid shall be considered by the Agency as if those additional marks, notations or requirements were not entered on such. By accessing Bonfire (Euna), registering and downloading these documents, each prospective bidder that does so is thereby agreeing to confirm all notices that the Agency delivers to him/her as instructed, and by submitting a bid, the bidder is thereby agreeing to abide by all terms and conditions published herein and by addendum pertaining to this IFB.

3.4.2 Submission Responsibilities. It shall be the responsibility of each bidder to be aware of and to abide by all dates, times, conditions, requirements and specifications set forth within all applicable documents issued by the Agency, including the IFB document, the documents listed within the following Section 3.8, and any addenda and required attachments submitted by the bidder. By virtue of completing, signing and submitting the completed documents, the bidder is stating his/her agreement to comply with all conditions and requirements set forth within those documents. Written notice from the bidder not authorized in writing by the CO to exclude any of the Agency requirements contained within the documents may cause that bidder to not be considered for award.

3.5 Bidder's Responsibilities — Contact with the Agency. It is the responsibility of the bidder to address all communication and correspondence pertaining to this IFB process to the CO only. Bidders must not make inquiry or communicate with any other Agency staff member or official (including members of the Board of Commissioners) pertaining to this IFB. Failure to abide by this requirement may be cause for the Agency to not consider a bid submittal received from any bidder who has not abided by this directive.

3.5.1 Addendums. All questions and requests for information must be addressed in writing to the CO. The CO will respond to all such inquiries in writing by addendum to all prospective bidders (i.e. firms or individuals that have obtained the IFB Documents). During the IFB solicitation process, the CO will NOT conduct any ex parte (a substantive conversation—“substantive” meaning, when decisions pertaining to the IFB are made—between the Agency and a prospective bidder when other prospective bidders are not present) conversations that may give one prospective bidder an advantage over other prospective bidders. This does not mean that prospective bidders may not call the CO—it simply means that, other than making replies to direct the prospective bidder where his/her answer has already been issued within the solicitation documents, the CO may not respond to the prospective bidder’s inquiries but will direct him/her to submit such inquiry in writing so that the CO may more fairly respond to all prospective bidders in writing by addendum.

3.6 Bidder's Responsibilities — Equal Employment Opportunity and Supplier Diversity. Both the Contractor and the Agency have, pursuant to HUD regulation, certain responsibilities pertaining to the hiring and retention of personnel and subcontractors.

3.6.1 Within 2 CFR §200.321 it states:

3.6.1.1 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

3.6.1.2 (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

3.6.1.3 (2) Affirmative steps must include:

3.6.1.3.1 (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

3.6.1.3.4 (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;

3.6.1.3.5 (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

3.6.1.3.6 (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

3.6.2 Within HUD Procurement Handbook 7460.8 REV 2 it states:

3.6.2.1 Section 15.5.A, Required Efforts. Consistent with Presidential Orders 11625, 12138, and 12432, the <Agency> shall make every effort to ensure that small businesses, MBEs, WBEs, and labor surplus area businesses participate in <Agency> contracting.

3.6.2.2 Section 15.5.B, Goals. <The Agency> is encouraged to establish goals by which they can measure the effectiveness of their efforts in implementing programs in support of . . . contracting with disadvantaged firms. It is important to ensure that the means used to establish these goals do not have the effect of limiting competition and should not be used as mandatory set-aside or quota, except as may otherwise be expressly authorized in regulation or statute. Some localities have adopted minority contracting set-aside policies or geographic limitations, which may be in conflict with Federal requirements for full and open competition.

3.7 Pre-bid Conference. The scheduled pre-bid conference identified on Page 2 of this document is, pursuant to HUD regulation, not mandatory (Modify as needed). Typically, such conferences last 1 hour or less, though such is not guaranteed. The purpose of this conference is to assist prospective bidders in having a full understanding of the IFB documents so that he/she feels confident in submitting an appropriate bid; therefore, at this conference the Agency will conduct an overview of the IFB documents, including the attachments. Prospective bidders may also ask questions, though the CO may require that some such questions are delivered in writing prior to a response. Whereas the purpose of this conference is to review the IFB documents, attendees are encouraged to bring a copy of the IFB documents to this conference; however, the Agency will not distribute at this conference any copies of the IFB documents.

4.0 BID EVALUATION.

4.1 Public Opening. At the set date and time, all bids received will be opened and publicly read aloud by the CO, including the company name of the bidder and the total calculated costs proposed. At the bid opening the Agency will only disclose the following information: (a) The company name of each bidder; and (b) the calculated total amount bid if firm fixed price. A copy of the bid tabulation or recap recorded will be made available to each member of the public attending such opening and to anyone who requests such afterwards. The bids will not be made available for inspection by anyone at this time; the Agency will, at a later time, review all bids in detail and will, in a timely manner (within 5 days), notify all bidders of any bidder that is, as a result of the more detailed inspection of bids submitted, ruled to be non-responsive or not-responsible (please remember, as detailed within Section 8(d) of form HUD-5369 and Section 7(b)(3) of form HUD-5369-C (for non-construction; use HUD-5370), the Agency reserves the right to, as determined by the Agency, “waive informalities and minor irregularities” as to the offers received). Bids will be available for inspection by the public after the award has been completed.

4.1.1 Ties. In the case of bids, the award shall be decided as detailed within Section 6.12.C of HUD Procurement Handbook 7460.8 REV 2, by “drawing lots or other random means of selection.”

4.2 Responsive Evaluation. After the public bid opening bid submittals received will be evaluated in private for responsiveness (i.e. meets the minimum of the requirements). Firms not meeting the minimum that are deemed to be non-responsive will be notified of such in writing by the Agency in a timely manner (in any case, in no less than 5 days after such determination is made).

4.3 Responsible Evaluation. The Agency will evaluate each bid submitted as to responsibility (e.g. a firm that is qualified, responsible and able to provide to the Agency the required services). If the Agency ascertains that such firm has the required ability, capability, experience, knowledge, licensing, insurance and resources to provide the required services, the Agency may proceed with award as detailed herein. If the Agency determines that such firm is deemed to be not responsible, such firm will be notified of such in writing by the Agency in a timely manner (in any case, in no less than 5 days after such determination is made); in such case the Agency may proceed with the noted Responsive and Responsible Evaluations with the next lowest bidder.

4.3.1 Depending on the amount of the award, it is possible that the Agency may take such contract award to the Agency Board of Commissioners (BOC) for approval of the award prior to executing a contract with the apparent successful bidder.

4.4 Restrictions. Any and all persons having ownership interest in a bidder entity or familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a bidder entity will be excluded from participation in the evaluation of the bid.

4.5 Award Decision: The award will be made to multiple contractors based on analysis of the lowest priced responsive and responsible bidders. WHA reserves the right to slect as many potential contractors based on the ranking of bids as discussed above.

5.0 CONTRACT AWARD.

5.1 Contract Award Procedure. If a contract is awarded pursuant to this IFB, the following detailed procedures will be followed:

5.1.1 By completing, executing and submitting the Form of Bid, the “bidder is thereby agreeing to abide by all terms and conditions pertaining to this IFB as issued by the Agency on the online Bonfire (Euna) procurement portal,” including the contract clauses. Accordingly, the Agency has no responsibility to conduct after the submittal deadline any negotiations pertaining to the contract clauses already published.

5.2 Contract Conditions. The following provisions are considered mandatory conditions of any contract award made by the Agency pursuant to this IFB:

5.2.1 Contract Form. The Agency will not execute a contract on the Contractor's form—contracts will only be executed on the Agency form (please see Sample Contract, Attachments), and by submitting a bid the Contractor agrees to do so (please note that the Agency reserves the right to amend this form as the Agency deems necessary). However, the Agency will during the IFB process (prior to the submittal deadline) consider any contract clauses that the bidder wishes to include therein and submits in writing a request for the Agency to do so; but the failure of the Agency to include such clauses does not give the Contractor the right to refuse to execute the Agency's contract form. It is the responsibility of each prospective bidder to notify the Agency, in writing, prior to submitting a bid, of any contract clause that he/she is not willing to include in the final executed contract and abide by. The Agency will consider and respond to such written correspondence, and if the prospective bidder is not willing to abide by the Agency's response (decision), then that prospective bidder shall be deemed ineligible to submit a bid.

5.2.1.1 HUD Forms. Please note that the Agency has no legal right or ability to (and will not) at any time negotiate any clauses contained within ANY of the HUD forms included as a part of this IFB.

5.2.2 Assignment of Personnel. The Agency shall retain the right to demand and receive a change in personnel assigned to the work if the Agency believes that such change is in the best interest of the Agency and the completion of the contracted work.

5.2.3 Unauthorized Sub-Contracting Prohibited. The Contractor shall not assign any right, nor delegate any duty for the work proposed pursuant to this IFB (including, but not limited to, selling or transferring the contract) without the prior written consent of the CO. Any purported assignment of interest or delegation of duty, without the prior written consent of the CO shall be void and may result in the cancellation of the contract with the Agency, or may result in the full or partial forfeiture of funds paid to the Contractor as a result of the proposed contract; either as determined by the CO.

5.3 Contract Period. The Agency anticipates that the contract period will be 120 days from Notice To Proceed with no renewal option.

5.4 Licensing and Insurance Requirements. Prior to award (but not as a part of the bid submission) the Contractor will be required to provide (NOTE: Each of the following insurance coverage shall cover both the Contractor and the temporary employee):

5.5.1 Workers Compensation Insurance. An original certificate evidencing the bidder’s current industrial (worker’s compensation) insurance carrier and coverage amount (NOTE: Workers Compensation Insurance will be required of any Contractor that has employees other than just the owner working on-site to provide the services);

5.5.2 General Liability Insurance. An original certificate evidencing General Liability coverage, naming the Agency as an additional insured, together with the appropriate endorsement to said policy reflecting the addition of the Agency as an additional insured under said policy (minimum of $1,000,000 each claim, general aggregate minimum limit of $1,000,000, together with damage to premises and fire damage of $50,000 and medical expenses any one person of $5,000), with a maximum deductible amount of $5,000;

5.5.3 Automobile Insurance. An original certificate showing the bidder's automobile insurance coverage in a combined single limit of $1,000,000. For every vehicle utilized during the term of this program, when not owned by the entity, each vehicle must have evidence of automobile insurance coverage with limits of no less than $100,000/$300,000 and medical pay of $5,000.

5.5.4 City/County/State Business License. If applicable, a copy of the bidder’s business license allowing that entity to provide such services within the City of Wilmington, DE, New Castle County, and/or the State of Delaware.

5.5.5 Certificates/Profile of Firm Form. Pertaining to the aforementioned (within Sections 5.4.1 through 5.4.4) insurance certificates and licenses, each bidder is required to enter related information where provided for on the Profile of Firm Form (do not attach or submit copies of the insurance certificates or licenses within the bid submittal—we will garner the necessary documents from the successful bidder(s) prior to contract execution).

5.6 Contract Service Standards. All work performed pursuant to this IFB must conform and comply with all applicable local, state and federal codes, statutes, laws and regulations.

5.7 Task Orders

Services to be furnished under awarded contracts, shall be ordered by issuance of Task Orders authorized by WHA and executed by the Contracting Officer of WHA. Such task orders may be issued from the date of contract execution through the date of contract expiration. Task Orders are limited to the solicited Scope of Work and the terms and conditions of the contract. In the event of a conflict between The Task Order and the contract, the contract shall control.

A. The estimated amount or performing any one or more Task Orders awarded pursuant to the contract shall not exceed the total ceiling. No notice, communication, or representation in any form from any person other than the WHA Contracting Officer shall change the ceiling of the entire contract. In the absence of the specified notice, WHA is not obligated to pay any amount in excess of the ceiling of the contract, whether such amounts were incurred during the course of the contract period or as a result of termination.

B. Task Orders (Orders) will be initiated by the WHA in consultation with the Director Capital or designee; pursuant to the contract with specific ceilings for the task identified. Contractors must agree to use best efforts to perform the work specified in any task order within the ceiling specified, or else decline to accept the Task Order.

C. The Contractor shall notify WHA in writing whenever Contractor has reason to believe that the total estimated amount for the performance of a Task Order will be greater than the ceiling. As part of the notification, the Contractor shall provide a revised estimate of the total estimated amount of performing the task.

D. WHA is not obligated to pay the Contractor for amounts incurred in excess of the Task Order ceiling and the Contractor is not obligated to continue performance under a Task Order (including actions under the termination clauses of this contract) or otherwise incur amounts in excess of the ceiling until WHA has notified the Contractor, in writing, that (i) the estimated amount has been increased and (ii) provides a revised ceiling for performing the Task Order.

E. If the ceiling of a Task Order or awarded contract issued and accepted is increased, any amounts the Contractor incurs before the increase that are in excess of the previous ceiling shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination notice directing that the increase is solely to cover the termination or other specified expenses.

F. A change order shall not be considered an authorization to exceed the ceiling of the contract or any task order unless the change order specifically increases the ceiling.

G. At any time or times before final payment and three (3) years thereafter the Contracting Officer may have the contractor's invoices, vouchers and statements audited. Any payment may be reduced by amounts found by the Contracting Officer not to constitute allowable amounts as adjusted for prior overpayments or underpayments.

H. A task order shall contain the following:exc

1. Date of task order;

2. Contact number and a task order number;

3. Description of work;

4. Duration of performance of work; and

5. Estimated cost of performance and delivery of product tasked.

I. The WHA will retain the right to contract with any of the bidders as a result of this IFB, which shall occur in the following manner (this is sometimes called “forming a pool” of contractors that the WHA may draw from):Each bidder will be ranked by the total calculated bid sum submitted in response to this IFB. When the WHA has a vacant unit ready for the contractor to begin work, the WHA staff assigned will contact the 1st-ranked contractor to ascertain as to whether or not that contractor is available to do the work within the time-frame the WHA has established for that work (the contractor has 5 days to complete the work from the date after the Task Order is sent to them). If the 1st-ranked contractor is not available, the WHA will proceed to the next-ranked contractor, and so forth, until the WHA has located an available contractor.

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