833019maintHabc.pdf

HOUSING AUTHORITY OF BALTIMORE CITY

INVITATION FOR BIDS

B-2067-26

MAINTENANCE WORK ORDERS

Housing Authority of Baltimore City Issuance Date: Monday, 417 East Fayette Street, Room 414 July 13, 2026

Baltimore, Maryland 21202 Pre-Proposal Conference:

Mary Kate Gagliardi, Senior Buyer Wednesday, July 22, 2026

Office: 410-396-3105 at 10:00 a.m.

mary.gagliardi@habc.org Submission Deadline:

Friday, August 7, 2026 by 2:00 p.m. Eastern Time mailto:mary.gagliardi@habc.org i

INVITATION FOR BIDS

HABC IFB NUMBER: B-2067-26

PART 1 - SCOPE OF WORK, INSTRUCTIONS, AND CONDITIONS

I. SCOPE OF WORK; IFB CONTENT

II. INSTRUCTIONS TO BIDDERS

III. SPECIAL CONDITIONS AND INSTRUCTIONS

PART 2 - REPRESENTATIONS AND CERTIFICATIONS OF BIDDERS

PART 3 - CONTRACT TERMS AND CONDITIONS

LIST OF ATTACHMENTS

Attachment 1 BID SHEET ……………………...…………………..…………………………………..………….51

Attachment 2 FEE CERTIFICATION AND AFFIDAVIT OF NON-COLLUSION……………………………

Attachment 3 HABC CONFLICT OF INTEREST STATEMENT………………………………………………...57

Attachment 4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS…………………..60

Attachment 5 AUTHORIZATION OF BIDDER OFFEROR FOR VERIFICATION OF REFERENCES………..62

Attachment 6 HUD FORM 5369-B INSTRUCTION TO OFFERORS NON-CONSTRUCTION CONTRACTS. 63

Attachment 7 HUD FORM 5369-A CERTIFICATIONS AND REPRESENTATIONS OF OFFERORS …...….. 66

NON-CONSTRUCTION CONTRACTS

Attachment 8 HUD FORM 5370-C SECTIONS I & II GENERAL CONDITIONS FOR ……………………..….70

NON-CONSTRUCTION CONTRACTS

Attachment 9 HUD FORM 2530 PREVIOUS PARTICIPATION CERTIFICATION ……………………

Attachment 10 BID SUBMITTAL GUIDELINES ................................................................ ..........................……...86

Attachment 11 INTENTIONALLY DELETED………............….................……

Attachment 12A SECTION 3 COMPLIANCE PLAN……………………………..............……..............……...…

Attachment 12B SECTION 3 OF THE HUD ACT OF 1968, AS AMENDED FIRST SOURCE HIRING

AGREEMENT…..........……….....…………………………………….…………………….........…97

Attachment 12C SECTION 3 WORKER REPORTING FORM……………………......…………..............…...……99

Attachment 13 SECTION 3 OBLIGATIONS OF CONTRACTOR………………......…………..............….....…103

Attachment 14 SCOPE OF WORK…………………………………………………………………………………

Attachment 15 WORK ORDER LIST…………………………………………………………………………………

INVITATION FOR BIDS

HABC IFB NUMBER: B-2067-26

PART 1 - SCOPE OF WORK, INSTRUCTIONS, AND CONDITIONS

I. SCOPE OF WORK; IFB CONTENT.

I.1. SCOPE OF WORK: The Housing Authority of Baltimore City (hereinafter referred to as “HABC”) is a large public housing authority, which administers public and affordable housing programs to eligible families within Baltimore City. As a recipient of funding primarily from the U.S. Department of Housing and Urban

Development (“HUD”), HABC owns and operates conventional public housing developments and administers the Housing Choice Voucher Program. HABC is issuing this Invitation for Bids (“IFB”) for interested and qualified vendors to submit sealed bids to complete maintenance work orders at various HABC scattered site dwelling units throughout Baltimore City as provided in Attachment 1 “Bid

Sheet” and Attachment 14 “Scope of Work”.

I.2. CONTENT OF IFB: This IFB consists of this document, Attachments Nos. 1 –

15 which are attached hereto and incorporated herein.

II. INSTRUCTIONS TO BIDDERS.

II.1. SUBMISSION DEADLINE Bids must be received by 2:00 p.m. Eastern Time on

Friday, August 7, 2026 via https://habc.bonfirehub.com/projects. It is the bidder’s responsibility to ensure that the bid is delivered by the designated time and date. Bids which for any reason are not delivered by the deadline will not be considered and will be returned unopened.

II.2. PLACE OF SUBMISSION: One (1) electronic copy of the typewritten bid, including all supporting documents and required information, must be executed and submitted via https://habc.bonfirehub.com/projects. Offers by hand delivery, U.S. mail, telegram, telephone, or telecopier, and handwritten bids will not be accepted by HABC.

II.3. PRE-BID MEETING: A non-mandatory pre-bid meeting will be held on Wednesday, July 22, 2026, at 10:00 a.m. Eastern Time, via WebEx, during which prospective bidders will have an opportunity to ask questions concerning this IFB. HABC strongly recommends that prospective bidders participate in this pre-bid meeting.

Join from the meeting link https://habc1.webex.com/meet/mary.gagliardi

Join by phone

1-844-621-3956 United States Toll Free

+1-415-655-0001 US Toll

Meeting number (access code): 2349 570 3144 https://habc.bonfirehub.com/projects https://habc.bonfirehub.com/projects

II.4. BID OPENING DATE: An opening of bids shall be held at 2:10 p.m., Eastern Time on Friday, August 7, 2026 via WebEx. A tabulation of all bids will be sent via email to all bidders.

II.5. BID PREPARATION: (a) Bidders are expected to examine all IFB documents including the instructions, required certifications, specifications, product descriptions and contract terms and conditions. Failure to do so will be at the bidder’s risk.

(b) All bids must be submitted on any bid forms provided by HABC. If such forms are provided, they shall be marked as an attachment and included as part of the IFB.

(c) Each bidder shall furnish all the information required by the solicitation and complete all required certifications and other documents. Unless otherwise expressly stated in the bid form, Attachment 1, or elsewhere in this solicitation, this solicitation requires bidding on all items, and failure to do so will disqualify the bid. Further, HABC shall not accept any bid from a bidder who submits more than one bid or quotes more than one price on any item, unless the bid form, Attachment 1, expressly permits the submission of alternate or multiple bids.

(d) Bidders must also include evidence of their capacity to be legally bound by contract such as a copy of a valid certificate of incorporation or organization from the appropriate government agency of the state in which the bidder is incorporated or organized.

II.6. QUESTIONS AND INTERPRETATIONS: (a) Any prospective bidder who has questions regarding this IFB or desires an explanation or interpretation of any part of the solicitation, statement of work, and specifications, etc. must request it in writing to HABC via https://habc.bonfirehub.com/projects. Any requests for explanations or interpretations must be received by HABC no later than 2:00 p.m.

Tuesday, July 28, 2026.

(b) No oral explanation or interpretation will be provided to any bidder.

No explanations or interpretations shall be considered binding on HABC unless provided in writing by HABC.

(c) Any information provided to a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written addendum or 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. Addenda and amendments will also be on file in the offices of HABC at least three (3) days before the closing date. All bidders will be

Join from the meeting link

Join by phone

1-844-621-3956 United States Toll Free

+1-415-655-0001 US Toll

Meeting number (access code): 2344 696 7066 https://habc.bonfirehub.com/projects bound by such addenda or amendments, whether or not they are received by the bidders. HABC reserves the right to issue addenda or amendments on its own, irrespective of whether HABC receives requests for explanations or interpretations from prospective bidders.

(d) Any information obtained by, or provided to, any bidder other than by formal HABC addenda or amendments to the solicitation shall not constitute a change to the solicitation.

II.7. EXECUTION OF BID: The bid must contain a signature of an authorized representative of the bidder and be accompanied by evidence of that agent's authority. All corrections or erasures made on the bid must be initialed by the authorized representative of the bidder who signed the bid. The bidder’s legal company name must appear on the cover sheet. The bid must include all documents, materials and information required herein. (Bidders should retain an additional copy for their records.

II.8. CONFIDENTIALITY: All bids received shall remain unopened and held confidential until the date and time of the public opening of bids. Bidders are advised that bids received by HABC shall be included as part of the official contract file. Therefore, any part of the bid that is not considered privileged under any applicable Federal, State or local law shall be open to public inspection. The provisions of applicable Federal, State and local laws shall govern the confidentiality of bids notwithstanding anything contrary to this provision stated in the bid.

II.9. TIME AND ORDER OF WORK: The successful bidder and HABC shall agree upon a schedule of time and order of work to ensure prompt completion of the services to be provided. HABC shall issue a Notice to Proceed to the successful bidder before work may commence. The successful bidder must agree to complete and be capable of completing all work required by the agreed upon completion dates. Failure of the successful bidder to adhere to the agreed schedule and completion dates shall be a material breach of the contract.

II.10. COST OF PREPARATION OF BID: All costs incurred, directly or indirectly, by the bidder in responding to or inquiring about this IFB, including travel, preparation, communication, consultation, design, submission, and miscellaneous expenses, shall be the sole responsibility of the bidder and shall be borne by the bidder.

II.11. FEE SCHEDULE AND PRICING INFORMATION: All bidders are required to submit their firm-fixed price for providing the services requested under this IFB in accordance with Attachment 1, titled “BID SHEET.” Bidders shall also execute the affidavit of non-collusion contained in Attachment 2.

II.12. MISTAKES IN BIDS, CORRECTION OF BIDS, LATE SUBMISSION OF BIDS AND

BID MODIFICATIONS

(a) Correction of Bids Prior to Bid Opening. If a mistake is suspected or alleged by the bidder prior to bid opening, the bidder shall be permitted to withdraw or modify its bid by written notice sent by email to john.airey@habc.org prior to bid opening and received by HABC prior to bid opening.

(b) Correction of Bid Price After Bid Opening. A change to or correction in a bid price after bid opening is not permitted unless such correction would not be contrary to the fair and equal treatment of other bidders, and:

(i) The mistake in the bid price and the intended correct bid price are both clearly and convincingly evident on the face of the bid; or

(ii) The mistake in the bid price is not clearly evident on the face of the bid, but the bidder submits clear and convincing written evidence demonstrating: (A) the existence of a mistake in the bid price, and (B)the bid price intended, and (C) how the bid price was calculated but was inadvertently stated incorrectly in the bid.

(c) Correction of Bid Prices After Award. Mistakes in bid prices discovered after award shall not be corrected unless the Contracting Officer makes a written determination that it would be disadvantageous to HABC not to allow the mistake to be corrected.

(d) Late Submission of Bids and Bid Modifications Any bid received by

HABC after the exact time specified for receipt of bids will not be considered.

(e) Withdrawal of Bids Prior to Bid Opening. A bidder may withdraw its bid at any time prior to bid opening. Bids may be withdrawn by email to john.airey@habc.org by a bidder or its authorized representative prior to bid opening if, before the withdrawal, the identity of the person requesting withdrawal is established and the person signs a receipt and acknowledgment of withdrawal of the bid.

(f) Withdrawal of Bids After Bid Opening. After bids have been opened, a Bidder may be permitted to withdraw a low bid upon written request only if there is a mistake in the bid that is clearly and convincingly evident on the face of the bid document, and the intended correct bid is not similarly evident; or the Bidder submits written evidence which clearly and convincingly demonstrates that a mistake was made.

II.13. RESPONSIVE BIDS AND RESPONSIBILITY OF BIDDER: HABC will award contracts only to responsive and responsible bidders who have the ability to perform successfully under the terms and conditions of the proposed contract. (a)

To be considered responsive, bids must conform to the material requirements of this IFB, or they will be eliminated from further consideration and award;(b) In determining the responsibility of a bidder, HABC 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 computer and technical equipment).

(c) Before a bid is considered for award, the bidder may be requested by

HABC to submit a statement or other documentation regarding any of the items in paragraph (b) above. Failure by the bidder to provide such additional information shall render the bidder ineligible for award.

II.14. REFERENCES: The bidder shall list three (3) firms, governmental units, or persons for whom the bidder has previously performed work of the nature requested mailto:john.airey@habc.org under this IFB. The bidder shall further execute the authorization for verification of references attached hereto as Attachment 5. HABC reserves the right to contact such persons at any time prior to award and the bidder agrees that HABC may rely on information provided by such persons to determine the bidder’s responsibility.

II.15. BID GUARANTEE: [Applicable only if box below is marked.]

[ ] All bids must be accompanied by a negotiable bid guarantee which shall not be less than five (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 that meets the requirements set forth in Paragraph II.16 below and licensed to do business in the State of Maryland. Certified checks must be made payable to HABC. Failure to submit a guarantee with the bid shall result in rejection of the bid. Bid guarantees submitted by unsuccessful bidders shall be returned to such bidders as soon as practicable after bid opening.

II.16. ASSURANCES OF COMPLETION: The bid package must include evidence of the bidder’s ability to provide any item marked below if awarded the contract.

[Applicable only if box(es) below is/are marked.]

[ ] Fraud protection, employee dishonesty, and/or fidelity bond coverage in amounts of not less than $____________.

[ ] Performance bond in a penal sum of one-hundred percent (100%) of the contract price.

[ ] Payment bond in a penal sum of one-hundred percent (100%) of the contract price.

All bonds required in this Paragraph II.16 must be submitted to HABC within ten (10) days after notice of contract award but prior to contract execution.

Bonds must be obtained from surety companies acceptable to the U.S. Government and authorized to do business in the State of Maryland. Individual sureties will not be considered. U.S. Department of Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing this contract and only such companies shall be accepted by HABC.

Each bond shall clearly state the rate of premium and the total amount of the 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 performance or payment bond shall be on or after the execution date of the contract. Failure of the successful bidder to obtain the required assurance of completion within the time specified, shall render the bidder ineligible for award.

II.17. INSURANCE: The bid package must include evidence of the bidder’s ability to provide Worker’s Compensation Insurance; Professional Liability

(Errors and Omissions) Insurance, if applicable to the services requested hereunder; General Liability Insurance; and Comprehensive Automobile Liability

Insurance coverage, as set forth in Part 3, Paragraph 26 below. Such insurance shall be procured from a company licensed to do business in the State of Maryland and placed with a carrier possessing an A.M. Best’s Rating of B+VI or better, and maintained for the entire duration of the proposed contract. Deductible levels shall not exceed $1,000 per occurrence on any policy. HABC must be named as an additional insured on all policies and the policy must provide that coverage cannot be canceled without notice to HABC at least thirty (30) days before the effective date of such cancellation.

II.17.1. Proof of Insurance. Within ten (10) days of the date of the letter of contract award, the successful bidder shall furnish to HABC a certified copy of the policy or policies covering all work as required in the contract, as evidence that the insurance required is maintained and in force for the entire duration of the contract. HABC may, at its sole discretion, immediately cancel the contract award without prior notice to the successful bidder upon any failure to submit any of the required Certificates of Insurance or any other document required under the IFB within established deadlines. Any and all existing agreements between HABC and the successful bidder shall immediately become null and void upon such cancellation without liability to such bidder.

II.18. RESERVED.

II.19. CONTRACT AWARD: HABC will analyze bids and award a contract to the lowest responsive and responsible bidder offering the lowest unit prices in

Attachment 1 and meeting the specifications. This contract will be an on-call contract. When services are needed, HABC will contact the contractor.

II.19.1. Other Actions Available to HABC In Awarding Contracts

In addition, HABC reserves the right to take any of the following actions without liability to any bidder:

(1) HABC may: (a) reject any and all bids received; (b) waive any minor irregularities or technicalities in bids received; (c) make a single award or multiple awards to more than one (1) bidder for supply of all or any combination of the items delineated in Attachment 1; (d) accept any item or combination of items bid unless precluded elsewhere in the solicitation; (e) amend this solicitation as permitted by applicable law at any time during the solicitation process; or (f) cancel this solicitation in its entirety or any portion thereof at any time during the solicitation process including after award. HABC's reservation of rights shall in no way affect the formation of a contract upon written notice of award by HABC to the successful bidder. If multiple awards are made, the intent shall be to make awards which, at the sole determination of HABC, are in its best interest, based on HABC’s needs and requirements. HABC makes no guarantees as to amount of award, if any.

(2) HABC may reject any bid as unacceptable 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.

II.19.2. UNIT PRICING AND EXTENDED BID PRICES: If this IFB requires submission of unit and extension prices, the bidder shall submit its unit price for each line item indicated and shall also calculate and submit its extension price for each line item. All extension prices are subject to verification by the Contracting Officer. In the event of a discrepancy between unit and extension prices, the unit price shall be considered the bid. Tasks and usages are estimated. HABC makes no representation or guarantee as to actual tasks to be assigned or to actual usages required.

II.20. FORM OF AWARD: (a) By submission of a bid, the bidder agrees to be bound by the terms and conditions of this IFB and further agrees if it is issued a written notice of award, to be bound by a contract the provisions of which shall be substantially the same terms and conditions of this IFB and the terms and conditions of the successful bid(s) that are acceptable to HABC. Acceptance of the bidder’s offer to perform the services specified herein will be made by written notice of award to the successful bidder which shall constitute a binding contract between the parties without further action by either party, unless the solicitation or contract award is otherwise canceled by HABC as provided in this

IFB. Bidders are not entitled to rely on any representations by any employee, member, officer, or representative of HABC concerning the contract award until written notice of award is provided by HABC. Bidders are advised that the contract documents may include any and all terms and conditions required by HUD for a contract of this type and nature.

(b) Bidders are advised that fee, contract award, contract documents, and payment may be subject to HUD approval, and withholding of contract approval by

HUD shall immediately nullify the contract without liability by either party to the other, irrespective of whether the contract was executed by any one or both parties thereto. If HABC issued a written Notice-to-proceed to the successful bidder prior to contract nullification, the successful bidder shall be equitably compensated for any work performed and accepted by HABC pursuant to such Notice-to-proceed up to the date of contract nullification.

II.21. TERM OF CONTRACT: The contract awarded hereunder shall commence on the date specified in the executed contract issued by HABC and shall terminate upon completion of all services required pursuant to the contract unless terminated as provided herein.

II.22. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968:

The work to be performed under the contract is subject to the requirements of

Section 3 of the Housing and Urban Development Act of 1968, as amended, 12

U.S.C. 1701u (Section 3), and the HUD regulations issued pursuant thereto as set forth in 24 C.F.R. Part 75. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or

HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons; particularly persons who are recipients of HUD assistance for housing, and to business concerns which provide economic opportunities to low- and very-low income persons.

II.22.1. As part of the bidding process, all bidders are required to submit a Section 3 compliance plan in a separate sealed envelope included in the bid package. The bidder’s Section 3 compliance plan must include the information requested in Paragraphs II.22.2-II.22.4 below. Failure to provide a Section 3 plan shall render the bid non-responsive.

To assist the bidder in complying with the Section 3 requirements, HABC encourages the Responders to solicit applicants from the HABC Office of

Resident Services. (See Attachment 12B).

II.22.2. If the bidder intends to comply with Section 3 by providing employment and/or training opportunities to residents of HABC public housing and/or other

Section 3 persons, the Section 3 compliance plan must provide all information regarding any hiring/training the bidder will be conducting including a description of the employment/training duties, work hours, and salaries.

Bidders are required to include in their Section 3 compliance plans, their workforce requirements for performing the proposed contract and the number of any additional hiring to be conducted. If additional hiring will not be conducted, the bidder must, to the greatest extent feasible and consistent with all applicable laws, provide training to Section 3 persons.

II.22.3. If the bidder intends to meet Section 3 requirements by subcontracting with Section 3 business concerns, the Section 3 compliance plan must provide the names, addresses and telephone numbers of all Section 3 business concerns that will be performing work on this project as well as a description of the work to be performed by such firms and the percentage of the total contract dollar amount that will be awarded to each firm. The bidder must include a letter of intent between the bidder and each Section 3 business concern with which it will subcontract if awarded the contract. The bidder must submit proof that such firms meet the definition of Section 3 business concerns as established by HUD. See 24 C.F.R. Part 75 for a definition of

Section 3 business concerns or Attachment 13 herein.

II.22.4. In the event that the bidder determines that it is not feasible to comply with Section 3, the bidder must state with specificity, in the bidder’s

Section 3 compliance plan, the reasons why the bidder cannot comply with

Section 3. Any bidder that has determined that it is not feasible to comply with Section 3 assumes the risk that its bid will be eliminated as non-responsive.

II.23. INTENTIONALLY DELETED

II.24. SERVICE OF PROTEST:

II.24.1. 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.

II.24.2. Filing of Protest: An interested party, as hereinabove described, must serve a notice of protest relevant to this IFB concerning any allowable matter by which such person may be aggrieved, if any, in accordance with the administrative remedy in HABC's Procedures for Procurement and Contracting as follows:

(a) Submission: The interested party shall file a written complaint with the Contracting Officer, who shall be the President/CEO of HABC or designee, in such time as to be received by HABC prior to the due date for receipt of proposals or if the protest is against the contract award, within ten (10) days after such party’s receipt of the notice of contract award.

(b) Place of Filing: The complaint shall be served on the Contracting

Officer at: Housing Authority of Baltimore City, Office of the President/CEO, 417 East Fayette Street, Room 1320, Baltimore, Maryland 21202.

(c) Content of Complaint: The complaint shall contain, at the least, the following information:

(i) The name and address of the party and the HABC solicitation number;

(ii) A statement of when the dispute arose;

(iii) A statement of the reasons for the dispute and the facts that form the basis of the complaint;

(iv) Supporting exhibits, evidence, or documents to substantiate any arguments; and

(v) A statement of the type of relief sought.

(d) Resolution: All protests shall be resolved in accordance with HABC protest policy and procedures, copies of which are maintained at HABC. The

Contracting Officer may request such other information pertaining to the matter as deemed appropriate. The Contracting Officer shall conduct such investigation as appropriate and notify the bidder of the decision in writing within a reasonable time. Nothing herein stated shall be construed as to require the Contracting

Officer to delay award of a contract pending the resolution of a protest.

II.25. SUPPLEMENTAL CONDITION: HABC reserves the right to delete any scheduled item and/or reduce or increase the quantity of any scheduled item as deemed necessary by HABC. All matters and issues related to this IFB shall be governed by the procurement principles set forth in 2 C.F.R. Part 200, the United States

Department of Housing and Urban Development (hereinafter referred to as "HUD”) handbook titled Handbook on Procurement for Public Housing Agencies, Handbook

7460.8, REV-2, (3/2007); and the Statement on Procurement Policy for the Housing

Authority of Baltimore City.

III. SPECIAL CONDITIONS AND INSTRUCTIONS.

III.1. Frequency and Locations of Deliveries: To be determined solely by

HABC.

III.2. Method of Purchasing: HABC reserves the right to issue a blanket purchase order during the term of this contract. No purchase order can be issued until such time as the successful bidder has been formally awarded the contract and completely executed all necessary contract documents. All purchase orders will incorporate the contract terms and conditions of this IFB and shall state the following:

a. Name and location of using facility

b. Type of material to be supplied

c. Invoicing instructions

d. Maximum price

III.3. Quantities: Any quantities provided herein are estimated, and are given for information and bidding purposes. HABC makes no guarantees as to any minimum purchase.

III.4. Bid Price: All costs necessary and incidental to furnishing the services requested in this IFB must be reflected in the bidder’s unit price bid as shown on Attachment 1, unless otherwise directed on Attachment 1. Prices shall remain in effect for any renewal period if HABC exercises its option to renew. The contractor shall pass through to HABC any and all discounts, mark-downs, price-cuts, rebates, concessions, and fee/tax waivers received by the contractor in connection with the proposed contract during the contract term and any renewal(s) thereof. The contractor agrees to amend the contract price or fees charged by the contract to reflect the reduction resulting from such discounts, mark-downs, price-cuts, rebates, concessions, and fee/tax waivers.

III.5. Caveat: Prospective bidders are advised as follows:

a. Any manufacturer’s name or brand name may be specified in this IFB to indicate the level of quality desired and not to limit competition. Bids will be considered on other brands as “or equal” when the bidder indicates clearly the product (Brand and Model Number) which is being offered. A sample or sufficient data in detail to enable a proper comparison to be made with the particular material specified shall be included. The determination of the acceptability of an equivalent product will be made by HABC, considering equality of design, construction and function.

b. No bidder will be allowed to offer more than one price on each item even though such bidder may feel that it has two or more types that will meet specifications. If said bidder should submit more than one price on any item, all prices for that item will be rejected at the discretion of HABC.

c. To better ensure fair competition and to permit a determination of the lowest responsive and responsible bidder, bids may be rejected if they show any irregularities, conditions, non-conformities or are unbalanced.

d. All deliveries under the contract shall conform in all respects with specifications, descriptions, samples and/or data as submitted and accepted as a basis for the award.

[End of Part I]

PART 2 - REPRESENTATIONS AND CERTIFICATIONS OF BIDDERS

(NOTE: This Section to be completed by the bidder and included in the bid package)

As used herein, the word “bidder” refers to bidders in a sealed bid solicitation and responders or offerors in a negotiated solicitation including requests for proposals and requests for qualifications. The term “IFB” refers to invitations for bids, requests for proposals, and requests for qualifications.

“Bid” refers to bids submitted in response to a sealed bid solicitation and proposals, offers or responses submitted pursuant to a negotiated solicitation.

If the bidder deletes or modifies any part of the certifications required hereunder, the bidder must furnish with its proposal a signed statement setting forth in detail the circumstances of the deletion or modification.

A. Certificate of Independent Price Determination

1. The bidder certifies that:

a. The prices in this bid have been determined independently by the bidder 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;

b. 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: (i) bid opening in the case of a sealed bid solicitation, or contract award in the case of a negotiated solicitation, unless otherwise required by law;

and

c. 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.

2. Each signature on the bid is considered to be a certification by the signatory that the signatory:

a. Is the person in the bidder's organization responsible for determining the prices being offered in this bid, and that the signatory and the bidder have not participated and will not participate in any action contrary to subparagraphs 1.a through 1.c above; or

b. Has been authorized, in writing, to act as agent for the principals listed below in certifying, and does hereby certify that those principals have not participated, and will not participate in any action contrary to subparagraphs 1.a through 1.c above.

[Insert full name and job title of person(s) in the bidder's organization responsible for determining the prices offered in this bid]

B. Affidavit of Non-collusion

1. Each bidder shall execute an affidavit, as provided in Attachment 2 to this IFB, to the effect that the bidder 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 the bid, such successful bidder must submit it within three (3) business days of bid opening or within three (3) days of notification from HABC in the case of negotiated solicitations. Failure to submit the affidavit by that date may render the bid or bids non-responsive. No contract award will be made without a properly executed affidavit.

2. The bidder represents that a fully executed "Non-collusive Affidavit"

[ ] is, [ ] is not included with the bid.

C. Contingent Fee Representation and Agreement

1. 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 HABC employee or officer to give consideration or to act regarding a

HABC contract on any basis other than the merits of the matter.

2. 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:

a. [ ] has, [ ] has not employed or retained any person or company to solicit or obtain the contract proposed under this solicitation; and

b. [ ] 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 the contract proposed under this solicitation.

3. If the answer to either Paragraph C.2.a or Paragraph C.2.b above is affirmative, the bidder shall make an immediate and full written disclosure to the HABC Contracting Officer.

4. Any misrepresentation by the bidder shall give HABC 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 authorized specifically in the contract or by law.

D. Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

1. The definitions and prohibitions contained in Section 1352 of Title

31, United States Code, are hereby incorporated by reference in Paragraph 2 of this certification.

2. The bidder, by signing its bid, hereby certifies to the best of the bidder’s knowledge and belief that:

a. No Federal appropriated or other funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on the bidder’s behalf in connection with the awarding of a contract resulting from this solicitation;

b. If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress on the bidder’s behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB Standard Form LLL, "Disclosure of Lobbying Activities;" and

c. The bidder will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards shall certify and disclose accordingly.

3. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by Section 1352, Title 31, United

States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

E. Conflict of Interest Certification

1. Each bidder shall make a certification that to the best of its knowledge and belief and except as otherwise disclosed, such bidder does not have any conflicts of interest as is defined in Attachment 3 to the IFB. If the successful bidder did not submit the affidavit with the bid, such successful bidder must submit it within three (3) business days of bid opening or within three days of notification from HABC in the case of negotiated solicitations.

Failure to submit the certification by that date may render the bid non-responsive. No contract award will be made without a properly executed certification.

2. The bidder represents that a fully executed "Conflicts of Interest

Certification," Attachment 3 [ ] is, [ ] is not included with the bid.

F. Bidder's Certification of Eligibility

1. By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm is ineligible to:

a. Be awarded contracts by any agency of the United States

Government, HUD, or the State of Maryland; or,

b. Participate in HUD programs pursuant to 24 CFR Part 24.

2. To that effect, bidders shall submit a certification that the firm and its principals are not debarred, suspended or otherwise prohibited from professional practice by a Federal, State or local agency or excluded from participation in this contract, by completing and submitting Attachment 4 hereto, titled "Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion - Lower-tier Covered Transactions.” The certification in

Attachment 4 to the IFB and Paragraph 1 above is a material representation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs.

3. The bidder represents that a fully executed "Certification Regarding

Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower-tier

Covered Transactions," Attachment 4 [ ] is, [ ] is not included with the bid.

G. Resident-owned Business and Section 3 Business Concern Representation

1. The bidder represents and certifies as part of its bid that it: [ ] is, [ ] is not a resident-owned business concern.

a. A resident owned business is defined as any business concern which is owned and controlled by public housing residents. (The term

"Resident- -owned Business" includes sole proprietorships.) For these purposes, "owned and controlled" means a business:

(i) Which is at least fifty one percent (51%) owned by one or more public housing residents; and

(ii) The management and daily business operations of which are controlled by one or more such individuals.

b. All securities which constitute ownership or control of a corporation for purposes of establishing the business as a resident owned business shall be held directly by the public housing residents. No securities held in trust, or by any guardian for a minor, shall be considered as held by the public housing resident- in determining the ownership or control of a corporation.

2. The bidder represents and certifies as part of its bid that it: [ ] is, [ ] is not a Section 3 business concern.

a. “Section 3” means Section 3 of the Housing and Urban

Development Act of 1968.

b. A Section 3 business concern means:

(i) A business concern meeting at least one of the following criteria, documented within the last six-month period:

(a) It is at least 51 percent owned and controlled by low-or very low-income persons;

(b) Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by

Section 3 workers; or

(c) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

c. The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.

d. See Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. Section 1701u, and its implementing regulations at 24 C.F.R. Part 75

et. seq. for additional information.

H. Certification of Non-segregated Facilities

1. The bidder's attention is called to Part 3, Paragraph 28 of the

IFB, titled “Non Discrimination and Equal Opportunity Requirements.”

2. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

3. By submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract and grounds for terminating the contract.

4. The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will:

a. Obtain identical certifications from the proposed subcontractors;

b. Retain the certifications in its files; and

c. Forward the following notice to the proposed subcontractors

(except if the proposed subcontractors have submitted identical certifications for specific time periods):

“NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS

OF NONSEGREGATED FACILITIES.

A Certification of Non-segregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract.

The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

NOTE: The penalty for making false statements in bids or bids is prescribed in 18 U.S.C. 1001.”

I. Clean Air and Water Certification (for contracts over $25,000)

1. The bidder certifies that:

a. Any facility to be used in the performance of this contract[ ] is, [ ] is not listed on the Environmental Protection Agency List of Violating

Facilities or on any other list of violating facilities by any other governing body having jurisdiction over such facility:

b. The bidder will immediately notify the HABC Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, or any other governing body having jurisdiction over such facility, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities or such other lists; and,

c. The bidder will include a certification substantially the same as this certification, including this Paragraph 3, in every nonexempt subcontract.

J. MINIMUM BID ACCEPTANCE PERIOD:

1. "Acceptance period," as used in this provision, means the number of calendar days available to HABC for awarding a contract from the date specified in this solicitation for receipt of bids.

2. This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

3. For this solicitation, HABC requires a minimum bid acceptance period of one hundred and eighty (180) days calendar days.

4. In the space provided immediately below, bidders may specify a longer acceptance period than HABC’s minimum requirement. The bidder allows the following acceptance period: ___________ calendar days.

5. A bid allowing less than HABC’s minimum acceptance period for this solicitation will be rejected.

6. The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (a) the acceptance period stated in paragraph (3) above or (b) any longer acceptance period stated in paragraph (4) above.

K. Bidder's Signature:

The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

(Name and Address of Bidder)

(Name and Title of Authorized Official of Bidder)

(Signature of Authorized Official of Bidder) Date

[END OF PART 2]

PART 3 – CONTRACT TERMS AND CONDITIONS

1. STATEMENT OF WORK: The contractor shall furnish all labor, materials, equipment, warranties, guarantees, and transportation necessary for timely supply and delivery to HABC of the goods and products itemized in this contract, and shall perform and complete all work required under the contract as specified in, and in strict accordance with the contract documents, applicable laws and regulations, and acceptable industry professional standards. The contract documents shall consist of: (a) a purchase order/master contract document; (b) invitation for bids Number B-2067-26 and any and all attachments, exhibits, appendices, amendments and addenda thereto (hereinafter referred to collectively as the “IFB”); and (c) the contractor’s bid submitted in response to IFB Number

B-2067-26, including any and all exhibits, attachments, amendments and addenda thereto made prior to award and accepted by HABC (hereinafter referred to collectively as the “Bid”). Provided, however, that the contract shall not include: (a) any terms or conditions contained in the bid which may be contradictory to any term or condition of the contract cover page/master contract document or the IFB; (b) any correspondence between HABC and the contractor which may be contradictory to the purchase order/master contract document or the IFB, or (c) any term or condition in the Bid deemed by HABC as unacceptable. All documents referenced in this Paragraph 1 are incorporated by reference as if fully set forth in the contract and a made part of the contract.

1.1. In the event of any ambiguity or conflict between or among the Contract

Documents, the resolution of such ambiguity or conflict shall be that which most benefits HABC, as determined by HABC in its sole discretion. Provided, however that the contractor shall be equitably compensated in accordance with applicable law and regulations for any increased costs in performing the work directly resulting from the resolution of such ambiguity or conflict, if HABC’s determination of such conflict or ambiguity is not a reasonable determination.

1.2. The contractor shall be responsible for the professional quality and technical accuracy of all services required and all work provided. At all times during performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the contractor.

2. CONTRACTOR’S CERTIFICATION OF UNDERSTANDING OF WORK: By submitting a bid the contractor has represented, warranted and certified that it possesses sufficient expertise in the services requested, and the requisite corporate, technical and staff capabilities necessary to competently perform services hereunder. The contractor assures that it will utilize such competence, knowledge, expertise, capabilities, skills and qualifications to render all necessary services. The contractor shall adhere to such standards until final acceptance of work is made by HABC hereunder.

2.1. The contractor represents, warrants and certifies that the contractor, its employees, consultants, partners, technical resources, and subcontractors, if any, who will perform any functions in connection with the contract possess competent knowledge, skills, training, background, licenses, permits, education and experience in their respective duties to…