Sol_86614120R00001 Amend 1.pdf

(x)

86614120R00001 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

CHICAGO IL 60604-3507

77 WEST JACKSON BLVD ROOM 2517

HUD-NFNC

METCALFE FEDERAL BUILDING

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

US DEPARTMENT OF HUD

05/12/20200001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/15/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment to the national solicitation for HUD Lead-Based Paint Evaluation Services responds to vendor asked questions during the question and answer phase. The amendment:

1) Extends the proposal due date from 15 May 2020, 1400 CDT, to 20 May 2020, 1400 CDT;

2) Amends Contracting Officer tailored clause 52.212-4 "Contract Terms and Conditions-

Commercial Items" by revising paragraph (b) of HUD-H-32-101 "Other Invoice Submission

Requirements".

3) Revises Section 3, "List of Attachments" Number 1, "Performance Work Statement" (PWS) date.

3a) The PWS cover page date changed from March 11, 2020 to April 27, 2020;

3b) Page 11 under Section 5.1 of the PWS clarified the requirement for pictures and moved a sentence down one paragraph;

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

GENE H. JACKSON

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 25

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

86614120R00001/0001

3c) Page 13 under Section 5.2 (5)(a) removed the acquire floor plan requirement; and

3d) Page 19 under 5.4 (2)(f) revised two parts to resolve ambiguity in due date for clearance examinations.

4) Amends Contracting Officer tailored portions of provision 52.212-1 "Instruction to Offerors-

Commercial Items", specifically:

4a) Under paragraph (b) continued, clarifying submitting two separate sections, Section I and

Section II;

4b) Under Paragraph (e) and (h), the same clarification under 4a above, submitting two separate sections, Section I and Section II; and

4c) Replace historical data in HUD-L-11-101

"Historical Quantities" with a breakdown of historical data by CLIN and state for the past three years.

This amendment supersedes the original proposal instructions, historical quantities, PWS, etc.

The responses to vendor questions will be posted with this solicitation amendment.

Inv Approver/COR: SICA, JENNIFER Inv Approver/COR

Backup1: SIMON-LEWIS, LISA

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION 2 - Section 2

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018)

(DEVIATION 2017-02)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

52.203-3 GRATUITIES. (APR 1984)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER. (MAY 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL

2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA.

(JAN 1997) - ALTERNATE I (JUL 1995)

52.232-11 EXTRAS. (APR 1984)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.242-13 BANKRUPTCY. (JUL 1995)

2452.246-70 INSPECTION AND ACCEPTANCE. (APR 2019)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR 1984)

HUD-H-03-100 PUBLIC COMMUNICATION

2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS (TANGIBLE

AND ELECTRONICALLY STORED INFORMATION (ESI) FORMATS). (DEC 2012)

HUD-H-04-101 EXAMINATION OF RECORDS BY HUD (JUL 2017)

2452.209-71 LIMITATION ON FUTURE CONTRACTS. (FEB 2000)

HUD-H-09-101 CORPORATE FILINGS

HUD-H-09-102 LICENSES, CONTRACTOR QUALIFICATIONS

HUD-H-09-103 OPTION TO INCREASE/DECREASE THE GEOGRAPHIC SERVICE AREA7

HUD-H-11-101 CONTRACTOR RESPONSIBILITIES FOR PUBLICATIONS, FORMS AND

HANBOOKS

2452.216-78 ORDERING PROCEDURES. (FEB 2006) - ALTERNATE I (FEB 2006)

52.216-18 ORDERING. (OCT 1995)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

52.216-25 CONTRACT DEFINITIZATION (OCT 2010) ALTERNATE I (APR 1984)

2452.216-76 MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER (DEC

2012)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

PARTICIPANTS. (MAR 2020)

2452.219-71 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

CONCERNS - ALTERNATE III TO FAR 52.219-18. (DEC 2012)

2452.219-72 SECTION 8(A) DIRECT AWARDS. (APR 2019)

2452.227-70 GOVERNMENT INFORMATION. (DEC 2012)

2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE). (MAR

2016) - ALTERNATE II (APR 2019)

HUD-H-32-101 OTHER INVOICE SUBMISSION REQUIREMENTS

HUD-H-32-102 INCENTIVES FOR PROCESSING

2452.237-70 KEY PERSONNEL. (FEB 2006)

Solicitation 86614120R00001, Amendment 1, revised provisions and clauses May 11, 2020

2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE. (APR 2019)

2452.237-79 POST AWARD CONFERENCE. (MAR 2016) - ALTERNATE I (MAR 2016)

2452.237-83 ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION (CUI). (APR

2019)

SECTION 3 - Section 3 SECTION 4 - Section 4

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (MAR 2020)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)...21

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 22

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION

(FEB 1999)

52.216-1 TYPE OF CONTRACT. (APR 1984)

HUD-L-11-101 HISTORICAL QUANTITIES

52.233-2 SERVICE OF PROTEST (SEP 2006)

2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST. (FEB 2000)

HUD-L-09-101 SPECIALIST INSTRUCTION REGARDING LOBBYING DISCLOSURES

2452.233-70 REVIEW OF CONTRACTING OFFICER PROTEST DECISIONS. (FEB 2006) ..25

SECTION 2 - Section 2

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018) (DEVIATION

2017-02)

Added IAW with Deviation:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any HUD Acquisition Regulation (48 CFR Chapter 24) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 48 CFR Part 52, Federal Acquisition Regulations (FAR): https://www.ecfr.gov/cgi-bin/text-idx?SID=5d07f1b0e1a68f0ba8a2c7b2ef108244&mc=true&node=pt48.2.52&rgn=div5;

48 CFR Part 2452, HUD Acquisition Regulations (HUDAR): https://www.ecfr.gov/cgi-bin/text-idx?SID=5d07f1b0e1a68f0ba8a2c7b2ef108244&mc=true&node=pt48.6.2452&rgn=div5;

Compliant with FAR 52.102 (a) (3) and (4), some clauses, for which full text can be accessed online, are partially incorporated by reference if they require modification or the insertion by the Government or prospective contractor

(End of clause)

52.203-3 GRATUITIES. (APR 1984)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER. (MAY 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. (JAN

1997) - ALTERNATE I (JUL 1995)

(b) Applicable to lead paint chips samples sent to laboratories.

52.232-11 EXTRAS. (APR 1984)

https://www.ecfr.gov/cgi-bin/text-idx?SID=5d07f1b0e1a68f0ba8a2c7b2ef108244&mc=true&node=pt48.2.52&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=5d07f1b0e1a68f0ba8a2c7b2ef108244&mc=true&node=pt48.2.52&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=5d07f1b0e1a68f0ba8a2c7b2ef108244&mc=true&node=pt48.6.2452&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=5d07f1b0e1a68f0ba8a2c7b2ef108244&mc=true&node=pt48.6.2452&rgn=div5

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.242-13 BANKRUPTCY. (JUL 1995)

2452.246-70 INSPECTION AND ACCEPTANCE. (APR 2019)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR 1984)

HUD-H-03-100 PUBLIC COMMUNICATION

The contractor must not represent itself as US Department of Housing and Urban Development (HUD) personnel to outside parties. When communicating with outside parties, the contractor must, explain that they are a HUD contractor. When performing work for HUD, contractor personnel must easily be identifiable to the public as a HUD contractor. Contractor personnel must be identifiable though the use of badges, corporate logos, or other distinguishable credentials.

2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS (TANGIBLE AND

ELECTRONICALLY STORED INFORMATION (ESI) FORMATS). (DEC 2012)

(c)(2) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the Contracting Officer's request made pursuant to paragraph (b)(6) of this clause. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a request submitted before final payment of the contract.

(e) The Contractor shall include this clause in all subcontracts.

HUD-H-04-101 EXAMINATION OF RECORDS BY HUD (JUL 2017)

(a) The Contractor agrees that the Secretary of the department of Housing and Urban Development (HUD) or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder.

(b) The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Secretary of HUD or any authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the FAR (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clause thereunder.

(c) The term “subcontract” as used in this clause excludes:

(1) Purchase orders not exceeding the simplified acquisition threshold and

(2) Subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

2452.209-71 LIMITATION ON FUTURE CONTRACTS. (FEB 2000)

(a) The Contracting Officer has determined that this contract may give rise to potential organizational conflicts of interest as defined at FAR subpart 9.5.

(b) The nature of the potential conflict of interest is any firm who provides Lead-based Paint Evaluation Services for HUD cannot provide Field Service Management (FSM) services for the same area.

Additionally, contractors or subcontractor who have any relationship with any National Lead Laboratory Accreditation Program (NLLAP) laboratory, Asset Management (AM), Mortgage Compliance Management (MCM), Oversight Monitor (OM) contractor or subcontractor, or pre-conveyance of HUD Real Estate Owned (REO) inventory may also have a potential conflict of interest, in accordance with the terms identified in the PWS.

(c) If the contractor, under the terms of this contract or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under any ensuing HUD contract.

(d) Other restrictions - [None].

(e) The restrictions imposed by this clause shall remain in effect until the end of the effective period of performance of this contract.

(End of clause)

HUD-H-09-101 CORPORATE FILINGS

Upon request of the government, and at the commencement of the contract term, the contractor must provide to the contracting officer copies of all corporate, partnership or other applicable filings and organizational documents relating to both the contractor and subcontractor entities, including, but not limited to, the following: Articles of Incorporation, Certificates of Good Standing, Designation of Registered Agent, Bylaws, and, Incumbency Certificates.

The contractor must provide copies of these documents as they are renewed or otherwise amended, together with any other contractor and subcontractor organizational documents requested by the contracting officer.

HUD-H-09-102 LICENSES, CONTRACTOR QUALIFICATIONS

For any additions or changes to the contractor or subcontractor employees or any business consultants performing inspection services under this contract and included in the “Certification Report” identified in Section 6.3 Performance of Work (PWS), the contractor shall submit along with the invoices, to the Contracting Officer (CO) and Contracting Officer Representative (COR), copies of their current licenses and certifications required under PWS sections 1.3 “Constraints” and 1.9 “Special Qualifications”.

HUD-H-09-103 OPTION TO INCREASE/DECREASE THE GEOGRAPHIC SERVICE AREA

(a) The contracting officer shall consider geographic realignment under the terms set forth in this clause to be within the scope of the contract, and does not constitute a new work modification. According to FAR 16.504(a)(4)(ii) and contract clause HUDAR 2452.216-76, Minimum and Maximum Quantities and Amounts of Order, the government established minimum and maximum quantities for orders placed under the subject contract. The government shall order at least the quantity of services designated in the Schedule as the “minimum” according to contract clause FAR 52.216-22—Indefinite Quantity, paragraph (b).

Ordering the stated minimum quantity shall serve as full consideration for the government’s liability under this contract, and the government shall be in no obligation to conduct further ordering of services from the named contractor beyond the stated minimum quantity of services. The government shall not increase the maximum quantity under the authority of this clause. Any non-competitive increase to the contract maximum must cite one of the valid exceptions to full and open competition identified in FAR 6.302— Circumstances Permitting Other Than Full and Open Competition.

(b) The government, after meeting the contract minimum established in contact clause 2452.216-76, Minimum and Maximum Quantities and Amounts of Order and FAR 52.216-22—Indefinite Quantity, paragraph

(b), reserves the right to non-competitively increase or reduce the geographic service area of this contract through contract modification. The modification will realign the geographic area of the affected contract, but will not increase the contract ceiling, unless the contracting officer cites one of the statue authorities in FAR 6.302—Circumstances Permitting Other Than Full and Open Competition. Realignment of the geographic area will become effective for all new assignments made after the effective date identified in the realignment modification.

(c) Assignments/Orders placed prior to a realignment modification being issued under this authority will remain with the existing contractor, unless the government invokes a full or partial termination in accordance with FAR paragraph 52.212-4 (l), Termination for the Government’s Convenience.

(d) The government intends to utilize this clause as a (1) Mechanism to incentivize a high level of performance by rewarding the most highly performing contractors with an opportunity to expand their geographic service area; and (2) Provide a disincentive for non-performance of contract requirements by reducing the geographic service area of contractors who fail to meet contract expectations. While performance must be the primary reason for utilization of this clause, other examples which might cause utilization of this clause include insufficient contract funding or available contract ceiling. The government shall not be limited to the specified examples provided, and reserves the right to realign for any reason the contracting officer determines that is in the best interest of the government. Under such circumstances, the government could either invite one or more contractors to assume responsibility for the performance of increased geographic scope activities according to the terms and conditions of a then existing contract for services in another geographical area, or the government may elect to allow two or more contractors for services to submit contract modification proposals for the provisions of such services upon such terms and conditions as are mutually agreeable to the parties, either outcome to be effected through a bilateral modification to the contract.

HUD-H-11-101 CONTRACTOR RESPONSIBILITIES FOR PUBLICATIONS, FORMS AND

HANBOOKS

(a) The contractor is:

(1) Responsible for obtaining and maintaining all applicable forms and publications.

(2) Responsible for ensuring that all services are conducted according to current HUD forms and publications.

(b) The forms and publications described in this contract are subject to revision. The contracting officer representative may notify the contractor of changes to HUD forms and publications. The contractor must contact the contracting officer representative whenever the contractor believes a form of publication the contractor is currently using was superseded.

(c) The contractor will incur the expense for the duplication of any forms/formats necessary to accomplish work under the contract.

(d) The Contractor may download HUD publications, forms, and handbooks from the following website:

https://www.hud.gov/program_offices/administration/handbks_forms or HUDCLIPS (HUD’s Client Information Policy Systems website: https://www.hud.gov/program_offices/administration/hudclips/

2452.216-78 ORDERING PROCEDURES. (FEB 2006) - ALTERNATE I (FEB 2006)

(a) Orders issued under this contract may be placed in writing or via electronic mail (e-mail).

(b) In addition to the Contracting Officer, the following individuals are authorized to issue orders under this contract: ___Contracting Government Officials To Be Determined ***TBD*** At Award____

(End of clause) https://www.hud.gov/program_offices/administration/handbks_forms https://www.hud.gov/program_offices/administration/hudclips/

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from “effective date of contract” through “five years thereafter”.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $2,500,000;

(2) Any order for a combination of items in excess of $2,500,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) business day after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding __ dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is ___ dollars.

(End of clause)

52.216-25 CONTRACT DEFINITIZATION (OCT 2010) ALTERNATE I (APR 1984)

(a) A ____ [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a ____ [insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]:

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by—

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination;

and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(d) The definitive contract resulting from this letter contract will include a negotiated [insert price ceiling or firm fixed price] in no event to exceed [insert the proposed price upon which the award was based].

(End of clause)

2452.216-76 MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER (DEC 2012)

Applicable to the AHOC Contract:

(a) The minimum quantity or amount to be ordered under the AHOC contract shall be $10,000.

(a) The maximum quantity or amount to be ordered under the AHOC contract shall not exceed

$6,000,000.

Applicable to the DHOC Contract:

(a) The minimum quantity or amount to be ordered under the DHOC contract shall be $10,000.

(b) The maximum quantity or amount to be ordered under the DHOC contract shall not exceed

$3,500,000.

Applicable to the PHOC Contract:

(b) The minimum quantity or amount to be ordered under the PHOC contract shall be $10,000.

(c) The maximum quantity or amount to be ordered under the PHOC contract shall not exceed $8,400,000.

Applicable to the SAHOC Contract:

(a) The minimum quantity or amount to be ordered under the SAHOC contract shall be $10,000.

(b) The maximum quantity or amount to be ordered under the SAHOC contract shall not exceed

$6,200,000.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 120 days.

(e) (End of clause)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) PARTICIPANTS.

(MAR 2020)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph

(a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) The [insert name of SBA's contractor To be determined (***TBD***) at award ] shall notify the Department of Housing and Urban Development (HUD) Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

(End of clause)

2452.219-71 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS -

ALTERNATE III TO FAR 52.219-18. (DEC 2012)

The following paragraph (c) replaces paragraph (c) of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns:

(c) Any award resulting from this solicitation will be made directly by the HUD Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

2452.219-72 SECTION 8(A) DIRECT AWARDS. (APR 2019)

(a) This contract is issued as a direct award between the Department of Housing and Urban Development (HUD) and the 8(a) Contractor pursuant to a Partnership Agreement (Agreement) between the Small Business Administration (SBA) and HUD. The SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

[***To be completed by Contracting Officer at time of award***].

(b) SBA is the prime contractor and ***TBD*** at award, 8(a) participant name awarded contract is the subcontractor under this contract. Under the terms of the Agreement, HUD is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the HUD Contracting Officer shall give advance notice to the SBA before issuing a final notice terminating performance, either in whole or in part, under the contract. The HUD Contracting Officer shall also coordinate with SBA prior to processing any novation agreement(s). HUD may assign contract administration functions to a contract administration office.

(c) ***TBD*** at award, 8(a) participant name awarded contract agrees:

(1) To notify the HUD Contracting Officer, simultaneously with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based, plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C.

637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience unless SBA waives the requirement for termination prior to the actual relinquishing of ownership or control.

(2) To adhere to the requirements of FAR 52.219-14, "Limitations on Subcontracting."

2452.227-70 GOVERNMENT INFORMATION. (DEC 2012)

(d) Government-furnished information. (1) The Government shall deliver to the Contractor the information described below-

Description Section 3 and 5.1 of the Performance Work Statement (PWS) and Key Codes.

Date to be Provided Within 24 hours of property assignment by the COR via email.

2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE). (MAR 2016) -

ALTERNATE II (APR 2019)

(a) Payment schedule. Payment of the contract price (see Section B of the contract) will be made upon completion and acceptance of all work unless a partial payment schedule is included below.

No Partial Payment Schedule.

(b) Submission of invoices. (1) The Contractor shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL:

https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm in accordance with the instructions on the website. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232-25, "Prompt Payment."

(2) To assist the Government in making timely payments, the Contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., block 14 of the Standard Form (SF) 26, block 21 of the SF-33, or block 25 of the SF-1449).

(c) Contractor remittance information. The contractor shall provide the payment office with all information required by other payment clauses or other supplemental information (e.g., contracts for commercial services) contained in this contract.

(d) Final invoice payment. The final invoice will not be paid prior to certification by the Contracting Officer that all work has been completed and accepted.

(End of clause)

HUD-H-32-101 OTHER INVOICE SUBMISSION REQUIREMENTS

(a) The Contractor shall submit invoices and all supporting documents as follows: original to the payment office identified in 2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (b)(1) and, send via email copies to the Contract Specialist, Contracting Officer Representative (COR) and HUDs Field Services Management (FSM).

(b) For all invoices, the contractor shall submit supporting data identified in PWS section 6.2 “Monthly Status Report” and in HUD-H-09-102 LICENSES, CONTRACTOR QUALIFICATIONS.

HUD-H-32-102 INCENTIVES FOR PROCESSING

(a) General. The government shall apply incentives under the contract when the Contracting Officer Representative receives a proper invoice for payment. To determine of an incentive is applicable, the Contract Officer Representative will evaluate the quality of the product or services provided by the contractor and perform a performance assessment based on the performance requirements standards according to the performance work statement.

(b) Positive and negative incentives. There are two types of incentives the government will apply under the contract.

(1) “Positive incentive” as used in the contract, means the contractor achieves or exceeds the specified performance standard required during an invoice period.

(2) “Negative incentive” as used in the contract, means the contractor did not meet the specified performance standard required during an invoice period.

(c) Assessment period. The government will not assess positive or negative incentives for the first two full months of the first task order issued under the contract.

(d) Surveillance Method: The government will use various methods to assess/monitor the contractor’s performance in meeting the contract requirements. The government may apply the following surveillance methods.

1. 100% Inspection. The government shall use 100% inspection for those products and services considered critical tasks. All tasks that utilize this method of surveillance shall be utilized by HUD, and certified for its completeness, accuracy, and conformance to HUD’s standards.

2. Random sampling. The government will sample the services and products to determine if the level of performance is acceptable.

3. Periodic inspection. The contracting officer representative performs the periodic inspection on a monthly basis.

4. Validated user complaints. The government will receive user complaints through various means of communication, phone calls, emails, forum entries, etc. HUD will record and maintain user complaints.

(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 government will apply the credit to the invoice covered under performance requirement summary 5.1.1.

2. The incentive credit(s) will expire at the end of the current contract ordering period. The credit(s) must not carry over to the next contract ordering period. For example, if the contract ordering period is January 1 - December 31, 2020, the next contract ordering starts January 1, 2021:

Incentive credits earned in 2020 will expire December 31, 2020.

(f) Measurement of the performance standards. The government will measure the following performance standards for accuracy, completeness, quality, reliability, and timeliness.

1. Visual Assessment Report (Performance Requirements Standard 5.1.1), Performance Work Statement

5.1.1. The contractor must conduct lead-based paint visual inspections for assigned HUD-owned Single-Family properties and submit the Visual Assessment report within six business days of initial assignment. The Acceptable Quality Level is 98%.

(i) Positive Incentive. If the contractor achieves an acceptable quality level over 98% and submits the visual assessment report by the fourth (4th) business day of initial assignment, the contractor will earn an incentive credit of 4%.

(ii) Negative Incentive. The government will reduce the payment by 5% based on the contractor’s invoice for the visual assessment reports If the contractor has -

a. An acceptable quality level below 98%.

b. An acceptable quality level below 98% and the Visual Assessment Report (any number of business days).

c. Submitted the visual assessment report after the 6th business day. The government will apply a 5% reduction plus 2% for each day the Visual Assessment Report is late, based on the contractor’s invoice for the visual assessment report.

2. Lead-Based Paint Inspection Report (Performance Requirement Standard 5.1.2) (Performance Work Statement 5.1.2): The contractor must conduct lead-based paint inspections and submit the lead-based paint inspection report within 6 business days of initial assignment. The acceptable quality level is 98%.

(i) Positive Incentive. If the contractor achieves an acceptable quality level over 98% and submits the lead-based paint inspection report by the 4th business day of initial assignment, the contractor will earn an incentive credit of 4%.

(ii) Negative Incentive: The government will reduce the payment by 5% based on the contractor’s invoice for the lead-based inspection report, if the contractor has -

a. Has an acceptable quality level below 98%;

b. Has an acceptable quality level below 98% and submits the lead-based paint inspection report (any number of business days).

c. Submitted the lead-based paint inspection report after the 6th business day. The government will apply a 5% reduction plus 2% for each day the lead-based inspection report is late, based on the contractor’s invoice for the lead-based paint inspection report.

3. Lead-Based Paint Stabilization Plan (Performance Requirement Standard 5.1.3) (Performance Work Statement 5.1.3). The contractor must prepare one lead-based paint stabilization plan that identifies the locations of deteriorated lead-based paint for stabilization and a cost estimate for implementing the plan for each HUD-Owned Property assigned where deteriorated lead-based paint has been found.

The contractor must submit the Stabilization Plan which includes a cost estimate to the Field Service Manager within 6 business days of initial assignment.

(i) Positive Incentive: If the contractor achieves an acceptable quality level over 98% and submits the lead-based paint stabilization plan by the 4th business day of initial assignment, the contractor will earn an incentive credit of 4%.

(ii) Negative Incentive. The government will reduce the payment by 5% based on the contractor’s invoice for the lead-based paint stabilization plan, if the contractor has -

a. An acceptable quality level below 98%;

b. An acceptable quality level below 98% and submits the lead-based paint stabilization plan (any number of business days).

c. Submitted the lead-based paint stabilization plan after the 6th business day. The government will apply a 5% reduction plus 1% for each day the lead-based stabilization plan is late, based on the contractor’s invoice for the lead-based paint stabilization plan

4. Clearance Report (Performance Requirements Standard 5.1.4) (Performance Work Statement 5.1.4):

The contractor must conduct a clearance examination and prepare a Clearance Report which must provide documentation of the hazard reduction or maintenance activity as well as the results of the clearance examination.

The contractor must submit the clearance report to the field service manager within 6 business days of clearance examination assignment.

(i) Positive Incentive. If the contractor achieves an acceptable quality level over 98% and submits the clearance report by the 4th business day, the contractor will earn an incentive credit of 4%.

(ii) Negative Incentive. The government will reduce the payment by 5% based on the contractor’s invoice for the clearance report, if the contractor has –

a. An acceptable quality level below 98%;

b. An acceptable quality level below 98% and submits the clearance report (any number of business days).

c. Submitted the clearance report after the 6th business day. The government will apply a 5% reduction plus 1% for each day the clearance report is late, based on the contractor’s invoice for the clearance report.

2452.237-70 KEY PERSONNEL. (FEB 2006)

(b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Key personnel shall perform as follows:

Project Manager (PM) and Alternate PM as specified under section 4.5 of the PWS, as necessary points of contact (POC).

2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE. (APR 2019)

(a) The Contracting Officer will provide the Contractor with the name and contact information of the Contracting Officer's Representative (COR) assigned to this contract. The COR will serve as the Contractor's liaison with the Contracting Officer with regard to the conduct of work. The Contracting Officer will notify the Contractor in writing of any change to the current COR's status or the designation of a successor COR.

(b) The COR for liaison with the Contractor as to the conduct of work is ***TBD*** award based upon HOC or a successor designated by the Contracting Officer.

(c) The COR will provide guidance to the Contractor on the technical performance of the contract. Such guidance shall not be of a nature which:

(1) Causes the Contractor to perform work outside the statement of work or specifications of the contract;

(2) Constitutes a change as defined in FAR 52.243-1;

(3) Causes an increase or decrease in the cost of the contract;

(4) Alters the period of performance or delivery dates; or

(5) Changes any of the other express terms or conditions of the contract.

(d) The COR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five (5) calendar days after oral issuance. The COR may issue such guidance via telephone, facsimile (fax), or electronic mail.

(e) Other specific limitations (to be inserted by Contracting Officer): ***TBD*** if applicable

(f) The Contractor shall promptly notify the Contracting Officer whenever the Contractor believes that guidance provided by any government personnel, whether or not specifically provided pursuant to this clause, is of a nature described in paragraph (b) of this clause.

(End of clause)

2452.237-79 POST AWARD CONFERENCE. (MAR 2016) - ALTERNATE I (MAR 2016)

The conference will be conducted via [telephone, video conferencing]. The Contracting Officer or designee will provide the contractor with the date, time and contact information for the conference.

(End of clause)

2452.237-83 ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION (CUI). (APR 2019)

(c) As a prior condition to being provided access to any CUI, each contractor or subcontractor employee shall execute the nondisclosure agreement in Attachment 4 to this contract and deliver the executed agreement to the contracting officer.

(d) The Contractor shall include this clause in all subcontracts.

SECTION 3 - Section 3

List of Attachments

Number Title Date Pages

1 Performance Work Statement 4/27/2020 29

2 Wage Determination 1988-0407 Rev 44 12/23/2019 3

3 Quality Assurance Surveillance Plan 12/12/2019 11

4 Nondisclosure Agreement between the Department of Housing and Urban Development ("HUD") and Contractor Employee or Other External Party Granting Conditional Access to Controlled Unclassified Information ("Nondisclosure Agreement")

April 2018 3

5 Total Evaluated Price Workbook 4/08/2020 7 http://hudatwork.hud.gov/HUD/cpo/doc/Nondisclosure-Agreement-between-HUD-and-Contractor-Employee http://hudatwork.hud.gov/HUD/cpo/doc/Nondisclosure-Agreement-between-HUD-and-Contractor-Employee http://hudatwork.hud.gov/HUD/cpo/doc/Nondisclosure-Agreement-between-HUD-and-Contractor-Employee http://hudatwork.hud.gov/HUD/cpo/doc/Nondisclosure-Agreement-between-HUD-and-Contractor-Employee

SECTION 4 - Section 4

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (MAR 2020)

In accordance with FAR 12.3, 52.212-1 tailored by the Contracting Officer as follows:

Paragraph (b)(4) other documentation requirements:

Volume I- TECHNICAL INSTRUCTIONS As part of the proposal submission, offerors shall submit a Proposal Matrix using the table below or similar format, which maps what page of the proposal addresses each Performance Work Statement/Statement of Work/Tasks requirement identified under Technical Approach, and which page of the proposal fully addresses each Evaluation Factor. The offeror shall use the appropriate column to fill in the requirement as stipulated in the RFP to which the page/section number applies.

Proposal Page(s)/Section

Number(s)

RFP

Requirement

Performance Work Statement

Instructions to Offerors

Evaluation Factors Comments

TECHNICAL CAPABILITY FACTOR.

The Technical Proposal must be specific and complete. Legibility, clarity and coherence are very important. The proposal should not simply rephrase or restate the government’s requirements, but rather must provide convincing rationale to address how the offeror intends to meet these requirements. Offerors must assume the government has no prior knowledge of their capabilities, work processes, facilities, and experience. The government will base its evaluation on the information presented in the offeror’s proposal.

The Technical Proposal Technical Capability Factor includes two subfactors, Technical Approach and Management Capability.

(i) Technical Approach: (Shall not exceed 15 pages)

The offeror shall submit a technical approach that demonstrates with facts, logical and feasible methods for meeting the requirements (including Section 508 reporting requirements and environmentally preferred practices) described in the Performance Work Statement Tasks 5.1 through 5.4 and meeting the performance objectives outlined within the solicitation.

The offeror shall submit a project schedule that demonstrates a clear understanding of the required operations and HUD requirements with realistic timeframes for performing PWS Tasks 5.1 through 5.4 tasks.

The offeror shall submit a labor mix and level of effort represented by labor categories and number of hours…