HUD response to LBP Draft Solicitation questions.docx

OFFICE OF CHIEF PROCUREMENT OFFICER

CHICAGO CONTRACTING OPERATIONS BRANCH

HUD Office of Single-Family Housing (SFH) Programs, Nationwide Lead-Based Paint Evaluation Services

Dear Potential Offeror

Here are the government’s responses to comments/questions:

GENERAL QUESTIONS

General Question 1 (GQ1): Could you please tell me if this is a new requirement, or if there is a current or previous contractor who has performed similar services? If available, can you please send along the incumbent contract or task order number?

General Response 1 (GQ1): This is a follow-on requirement. Below are the current contracts and contractors:

· Atlanta Homeownership Center (HOC): Contractor Ruiz-Tidewater JV, Contract DU204SB-15-D-13;

· Denver HOC: Contractor: Inspection Experts, Incorporated, Contract DU204SB-15-D-14;

· Philadelphia HOC: Contractor: Summit Construction and Environmental Services, LLC, Contract DU204SB-15-D-15; and

· Santa Ana HOC: Contractor Inspection Experts Incorporated, Contract DU204SB-15-D—16.

GQ2: Does the eligible participant require to have NAICS code 541620 listed as one of their capabilities in their SAMS [sic] profile?

GR2: A contactor does not have to have North American Industry Classification System (NAICS) code, 541620 (Environmental Consulting Service, Size Standard $16.5M) in their System for Award Management (SAM) profile. The contractor must not exceed the size standard for NAICS code 541620 and be able to provide services under NAICS code 541620. Please discuss this issue with your US Small Business Administration, Business Opportunity Specialist.

TECHNICAL QUESTIONS

Technical Question 1 (TQ1): Please confirm the intent of section 1.14 of the PWS (Performance Work Statement). Should the language read “the successful contractor shall”? If Successor contractor is intended, how will the assignments be communicated to the successor contractor?

Technical Response 1 (TR1): The successor contractor is meant to be the current contractor and he is required to complete any assignments made prior to the end of his contract.

TQ2: With the drastic decrease in inventory from previous contract years, it has been difficult to find subcontractors who can guarantee the inspection will be completed within the 6-business day turn around. Contractors cannot keep time slots available for sporadic work. Recommend increasing the 6-business day turn around to 15 business days turn around for inspection completion. Also, we recommend that the first day of any work order received after 3PM be considered the next business day since contractors are typically unresponsive later in the day.

TR2: The government has a 6-business day turn around because these HUD Real Estate Owned (REO) properties are under contract and sold through Federal Housing Administration (FHA). The recommended 15 business day for a prime contractor to find a subcontractor may jeopardize contracts for properties needing any stabilization work. The prime contractor has a responsibility to furnish the services within a timely manner and this may require a strong team subcontractor network formed prior to submission of an offer.

TQ3: Approximately how many properties are located in each of the Atlanta HOCs?

TR3: The government does not know the number of HUD REO properties currently existing in the Atlanta HOC geographical region. Here is an estimate of the number of properties for F2020. The estimate does not filter out potential Lead-Based Paint properties from HUD’s estimated REO inventory:

TQ4: Approximately how many properties will be assigned at one time?

TQ4: The table below represents the average number of properties assigned in a day using the historic quantities identified in the solicitation. Typically assignments are made as they occur, one at a time.

*250=[364-102 weekend days – 10 holiday days]

TQ5: Will HUD guarantee and provide access into each property within one business day of assignment?

TR5: A Field Service Management (FSM) contractor will have assigned key codes prior to any ordered work and can provide the contractor with those key codes within one business day of a work assignment.

TQ6: Will the properties be occupied at the time of the Visual Assessments and LBP Inspections?

TR6: The HUD REO inventory properties do not have any occupants.

TQ7: If a Visual Assessment indicates that a Lead Based Paint Inspection is warranted, should the LBP Inspection be initiated while the contractor is on-site?

TR7: If evidence exists during a Visual Assessment that a Lead-Based Paint inspection is warranted/necessary, then yes, for efficiency purposes the inspection should occur while already at the property.

TQ8: Page 12 of 29, 5.2, Subsection 1“using the background information acquired”. Question: acquired by who? Will the 6 days start after this is “acquired”?

TR8: The FSM contractor has the background information and can provide with the key codes for a work assignment. If the contractor attempts to retrieve from the FSM and the FSM fails to provide the information within one business day, then the contractor shall notify the COR in writing of the issue, which will permit a delay in the 6 business-day clock.

TQ9: The state of Tennessee has regulated a 15-day notification requirement for Lead-based Paint Inspections/Risk Assessments/ and Clearances. While Tennessee has reduced the timeframe for providing the advanced 15-day notification (waiving it to 2-days), this waiver will end September 23, 2020. Other states may have similar requirements. Recommend that State notification requirements are considered when establishing the inspection completion requirements.

TR9: The LBP certified inspector is responsible for requesting any waiver. The prime contractor is responsible for having the LPB certified inspector request the waiver.

BUSINESS QUESTIONS

Business Question 1 (BQ1): In reference to quantity orders, is the quantity per unit inspected or hours spent on work order?

Business Response 1 (BR1): Quantity per-unit inspected (e.g., visual assessments, lead-based paint inspections, stabilization plans, etc.).

BQ2: In reference to single-family properties (1 to 4 unit), the “unit” measure is per house or per bedroom quantity?

BR2: The estimated units in the schedule represent a single property. A single property may include up to four single family residential units.

BQ3: Each paragraph under 2452.216-76 MINIMUM AND MAXIMUM QUANTIIES OR AMOUNTS FOR ORDER references a specific HOC (AHOC, DHOC, PHOC, & SAHOC), but the 1st, 2nd, and 4th paragraph has conflicting HOC abbreviations associated with each? For example the first paragraph is “Applicable to the AHOC” and says “ (a)The minimum quantity or amount to be ordered under the AHOC contract shall by $10,000, but then the next sentence references the PHOC and says “(b) The Maximum quantity or amount to be ordered under the PHOC contract shall not exceed $*** Total Evaluated Price (TEP) in Attachment 5 Workbook***).

BR3: Thank you for identifying the discrepancy. Paragraphs (a) and (b), should reference the same HOC.

BQ4: Under 2452.216-76 MINIMUM AND MAXIMUM QUANTIIES OR AMOUNTS FOR ORDER, will amounts be based on different HOCs.

BR4: The amounts are based on each homeownership center.

BQ5: Solicitation clause HUD-I-32 -102, INCENTIVES FOR PROCESSING – Lead-Based Paint Inspection Services.

Paragraph (e), Application of Incentives. The government will apply negative and positive incentives according to the performance requirements standard. 1) The government will apply the incentive credit to the invoice affected under the performance work statement. For example, if the contractor earns an incentive credit under performance requirement summary 5.1.1., the contractor must apply the credit to the invoice covered under performance requirement summary 5.1.1.

Is this paragraph supposed to say “the contractor” must apply the credit or “the government” will apply the credit”? If it is the contractor who must apply the credit, how does the contractor apply the credit to the invoice?

BR5: The government will apply the credit to the invoice.

BQ5A: How does the government propose to measure the “time of day” timing of the assignment of the inspection order when establishing the initial assignment date? If there are positive/negative incentives for submitting deliverables on time, there must be some kind of rule that determines how to fairly establish what is considered the “1st day of the 6 day inspection window” in respect to the time of day (either early or late) that the work order is received from the FSM.

For example, if a work order is assigned and received by the LEC at 8:30am in the morning on a particular day, there is ample time that day to process, schedule and possibly dispatch an inspector to perform the inspection and it would be expected that that day would be considered the “1st day of the 6 day inspection window”. On the contrary, if the work order is assigned and received by the LEC at 3:00pm in the afternoon on a particular day, there would not be enough time that day to process, schedule or dispatch an inspector for the inspection because it is already so late in the day. Therefore, an assignment of the work order to the LEC late in the day would “burn” the majority of the 1st day of the inspection window and would not allow for any travel time or inspection performance time that particular day. It would not be fair to consider that day as the 1st day of the inspection period because of such a late assignment of the work order. This would have an effect on the report submission incentives if the amount of inspection time is reduced when receiving a work order late in the day.

BR5A: The business/workday hours are 8:00am to 4:30pm. PWS paragraph 5.2, Lead Based Paint Inspection reads, “The Contractor shall conduct lead-based inspections and submit a Lead-Based Paint Inspection Report to the FSM within (6) business days of initial assignment.” Adding an extra day would be incongruent with the 6-business day requirement in the PWS.

BQ5B: Would the government consider establishing a “cut off time” at some point during the day (say 12:00 noon) of work order issuance establishing whether the assignment of the work order is considered assigned that day or the following day?

For example, a 12:00 Noon Cut Off Time: A work order assigned and received at 9:00am Tuesday 2/11/20 would establish the 1st day of the 6 business day inspection window. Conversely, a work order assigned and received at 4:00pm Tuesday 2/11/20 would establish the 1st day of the 6-business day inspection window as the following business day (2/12/20) to allow for processing, scheduling and initiation of inspection performance.

BR5B: The government has a 6-business day turn around because these HUD Real Estate Owned (REO) properties are under contract and sold through Federal Housing Administration (FHA), and the business hours are 8:00am to 4:30pm local time. Establishing a cut off time of 12:00 noon gives the contractor an extra business day. This is incongruent with the 6-business day requirement in the PWS.

BQ6: 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (OCT 2018) – Technical Capability Factor – Subfactor, Technical Approach, page #28: (shall not exceed 10 pages)

The paragraph for Technical Capability Factor – Subfactor, Technical Approach states that the technical approach response is not exceed 10 pages. Based on all the government’s evaluation factors of the Technical Approach, it will prove difficult to provide a response to all these evaluation factors in just 10 pages.

The 2015 Solicitations/RFP for this project allowed “25 pages” for the Technical Proposal Response, allowed “10 pages” for the Quality Control Plan, and did not limit the number of pages for the Business Response. That’s a 15 page reduction in the allowable pages for response?

Would the government consider increasing the number of pages for the subfactor Technical Approach response and the subfactor Management Capability response so that a thorough and proper response can be submitted?

BR6: The government will increase the page limit for Technical Approach to fifteen pages. The page limit for Management Capability will remain ten pages.

BQ7: As there is an economy of scale and contractors are relying on the Government’s “best estimated quantities”, please confirm the quantities to be bid, as some are materially different from what the historical usage would suggest as stated in HUD-L-11-101 – especially, Santa Ana (575 used historically vs BEQ of 825).

BR7: HUD provision HUD-L-11-101, Historical Quantities, will contain quantities for 2017 and 2018. The estimates in the Schedule are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions affecting lead-based paint service requirements will be stable or normal.

BQ8: In reference to competition limited to eligible 8(a) participants, are service-disabled veteran owned small businesses (SDVOSB) verified by the Veterans Administration’s (VA) Center for Verification and Evaluation (CVE) considered eligible 8(a) participants? Or, will the LBP evaluation services procurement solely for 8(a) certified participants?

BR8: An SDVOSB concern may qualify as an eligible 8(a) certified participant if the concern meets the requirements cited in 13 CFR § 124.101 – What are the basic requirements a concern must meet for the 8(a) Business Development program? You will find SBA’s regulations on eligibility requirements for participation in the 8(a) program at 13 CFR § 124.101 through § 124.112.

BQ9: Can a contractor propose on some of the HOC, such as two of the states vs the entire HOC?

BR9: The government is adding solicitation provision HUD-M-102, Best Value LPTA Evaluation Process and Award. The provision will contain the following language:

“NOTE: AN OFFEROR’S TECHNICAL PROPOSAL WILL BE UNACCEPTABLE IF THEY ARE UNABLE TO PERFORM LEAD-BASED PAINT SERVICES THROUGHOUT THE ENTIRE GEOGRAPHICAL AREA.”

The government appreciates your interest and positive input in the SFH Nationwide Lead-Based Paint Evaluation Services Program.

Sincerely, image2.emf image1.jpeg