AO Attachment 1 PWS Recompete 03.21.2024.pdf

Administering Organization Services

86615624R00010

Performance Work Statement (PWS)

Manufactured Housing Administering

Organization Services

07/10/2024

Version 2.0

Vision Statement

1 General Information

1.1 Scope of Work

1.2 Background

1.3 Constraints

1.4 Non-Personal Services

1.5 Period of Performance

1.6 Place of Performance

1.7 Hours of Operation

1.8 Special Qualifications

1.9 Post Award/Kickoff Conference

1.10 Status Meetings

1.11 Contractor Travel

1.12 Transition In

1.13 Transition Out

2 Definitions and Acronyms

2.1 Definitions

2.2 Acronyms

3 Government-Furnished Property and Services

3.1 Government Services

3.2 Facilities

3.3 Equipment

3.4 Materials and Information

3.5 Quality Assurance (QA)

4 Contractor-Furnished Items and Services

4.1 Facilities

4.2 Equipment

4.3 Materials

4.4 Contractor Responsibilities

4.5 Contractor Personnel

4.6 Identification of Contractor Employees

5 Specific Tasks

5.1 Management and Administration

5.2 MHCC Meetings

5.3 Technical Support - Economic Analysis & Rulemaking Support

5.4 Transition Out Services

6 Deliverables

6.1 Quality Control Plan

6.2 Acceptance Criteria

7 Related Documents

8 Performance Requirements Summary

Performance Work Statement (PWS)

Manufactured Housing Administering Organization (AO) Services

Vision Statement

To operate in accordance with and ensure compliance with the National Manufactured Housing Construction and Safety Act of 1974 (amended by the Manufactured Housing Improvement Act of 2000) that requires an administering organization (AO) to assist the Manufactured Housing Consensus Committee (MHCC) with the consensus standards and regulatory development process.

1 General Information

1.1 Scope of Work

The Department of Housing & Urban Development (HUD), Office of Manufactured Housing Programs (OMHP) requires a contractor to provide an administering organization that will recommend the initial members of the consensus committee, administer the consensus standards development process and administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring.

1.2 Background

The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act), implemented in June 1976, established the framework for HUD’s development and implementation of the federally preemptive manufactured housing construction program. The Act, as amended by the Manufactured Housing Improvement Act of 2000 sets forth authority for HUD to develop and enforce federal manufactured housing construction and safety standards.

The Manufactured Home Improvement Act of 2000 (MHIA) amendment to the MHCSS established the MHCC. The MHIA provides that:

“There is established a committee to be known as the "consensus committee", which shall, in accordance with this chapter – provide periodic recommendations to the Secretary (of HUD) to adopt, revise, and interpret the Federal manufactured housing construction and safety standards and the manufactured procedural and enforcement regulations, including regulations specifying permissible scope and conduct of monitoring.”

The MHCC is subject to several policy and operational requirements imposed by the MHIA.

MHCC operates by a consensus standards development process, which means “...the process by which additions, revisions, and interpretations to the Federal manufactured home construction and safety standards and enforcement regulations shall be developed and recommended to the Secretary (of HUD) by the MHCC.”

MHIA declares the committee to be “...an advisory committee not composed of Federal employees.” This provision, in addition to an analysis of MHCC in the context of FACA, clearly identifies it as a Federal Advisory Committee, subject to FACA, as well as the requirements of MHIA. The successful Contractor will assist HUD and the MHCC to conduct business in compliance with FACA.

MHCC membership is composed of twenty-one (21) voting members appointed by the Secretary (of HUD), after consideration of the recommendations of the AO, from among individuals who are qualified by background and experience to participate in the work of the MHCC; and one non-voting member appointed by the Secretary (of HUD) to represent the Secretary on the MHCC.

Membership is equitably distributed among the following interest categories:

PRODUCERS - Seven (7) producers or retailers of manufactured housing;

USERS - Seven (7) persons representing consumer interest, such as consumer organizations, recognized consumer leaders, and owners who are residents of manufactured homes; and, GENERAL INTEREST AND PUBLIC OFFICIALS - Seven (7) general interest and public official members.

Recruitment and appointment of MHCC members is subject to MHIA specified criteria and procedures for consensus committees, promulgated by the American National Standards Institute (ANSI).

1.3 Constraints

The services identified in this PWS will adhere to the rules, regulations, laws, standards, and conventions identified by Housing and Urban Development as well as within the Federal Government. Constraints include the following:

HUD generally implements the monitoring portion of its program through the following Statute and regulations:

• The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act), implemented in June 1976, and the 2000 amendments are located on Housing and Urban Development website:

https://portal.hud.gov/hudportal/documents/huddoc?id=uscode2012ti.pdf .

• 24 CFR 3280, Manufactured Housing Construction and Safety Standards (the Standards), which is a nationally preemptive set of standards for the design and construction of these homes (commonly known in this industry as the HUD Code);

eCFR :: 24 CFR Part 3280 -- Manufactured Home Construction and Safety Standards and

• 24 CFR 3282, Manufactured Home Procedural and Enforcement Regulations (the Regulations), which generally govern the enforcement of the HUD Code eCFR :: 24 CFR Part 3282 -- Manufactured Home Procedural and Enforcement Regulations.

https://portal.hud.gov/hudportal/documents/huddoc?id=uscode2012ti.pdf https://www.ecfr.gov/current/title-24/subtitle-B/chapter-XX/part-3280 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-XX/part-3282 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-XX/part-3282 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-XX/part-3282

1.4 Non-Personal Services

The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services.

If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (CO) immediately. These services shall not be used to perform work of a policy, decision making, or management nature, i.e., inherently Government functions. All decisions relative to programs supported by the Contactor shall be the sole responsibility of the Government.

1.5 Period of Performance

The Period of Performance shall be for one (1) Base Period of 12 months and four (4) 12-month Option Periods, if exercised.

1.6 Place of Performance

The services to be performed under this contract shall be performed at the Contractor’s facility.

1.7 Hours of Operation

Not applicable.

1.8 Special Qualifications

The Contractor shall operate in conformance with the procedures established by the American National Standards Institute (ANSI) for the development and coordination of the American National Standards in the performance of this requirement. This requires the Contractor to obtain accreditation as a Standards Developer from the ANSI and maintain accreditation during the performance of this contract per the MHIA of 2000 Section 42 USC 5403(A)(3)(H). . ANSI Essential Requirements: Due Process Requirements for American Standards can be found at the following link: Microsoft Word - 2024_ANSI_Essential_Requirements.docx.

1.9 Post Award/Kickoff Conference

The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5 and HUD Acquisition Regulation (HUDAR) clause 2452.237-79 - Post Award Conference.

1.10 Status Meetings

The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to also review Contractor performance, requirement status, etc. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Post Award Conference and subsequent meetings may be held via teleconference at the Contracting Officer's discretion.

https://share.ansi.org/Shared%20Documents/About%20ANSI/Current_Versions_Proc_Docs_for_Website/ER_Pro_current.pdf https://share.ansi.org/Shared%20Documents/About%20ANSI/Current_Versions_Proc_Docs_for_Website/ER_Pro_current.pdf

1.11 Contractor Travel

Prior to travel, the Contractor shall coordinate with and receive Government authorization from the COR for all travel. Reimbursement of travel costs will be in accordance with the Federal Travel Regulation and in accordance with FAR 31.205-46.

1.12 Transition In

The Contractor shall, upon the Contracting Officer's written notice, furnish Transition-In services as required. As a successor, the Contractor shall have sufficient personnel on board during the 30-day Transition-In period to ensure a smooth transition with the incumbent Contractor. The Contractor shall provide an orderly transition of work acceptance and accomplishment such that any impact to the program is minimized. During the Transition-In period, the Contractor shall become familiar with the requirements in order to commence full performance of services by the end of the contract Transition-In period. Transition-In is not required if the successor Contractor is the incumbent Contractor.

1.13 Transition Out

To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the Contractor shall have sufficient personnel on board during the 30-day Transition- Out period. The incumbent Contractor shall ensure a smooth transition with the successor Contractor during the Transition-Out period, prior to completion of contractual performance. The incumbent Contractor shall aid the successor in the development of plans, procedures, and methods for the assumption of all on going work. The Contractor shall provide an orderly transition of work acceptance and accomplishment, such that full control by the successor Contractor is achieved by the end of the new contract Transition-In period.

2 Definitions and Acronyms

2.1 Definitions

Administering Organization (AO) - A recognized volunteer, private sector, consensus standards body with specific experience in developing model residential building codes and standards involving all disciplines regarding construction and safety that administers the consensus standards through a development process.

Business Day - Every official day of the week which are days between and including Monday to Friday. This does not include federal holidays and weekends.

Calendar Day - Any day of the week.

Consensus Committee - “consensus committee” means the committee established under section 5403(a)(3) of the Manufactured Housing Improvement Act (MHIA)

Contractor - A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contracting Officer (CO) - A person with authority to enter, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: the only individual who can legally bind the Government.

Contracting Officer's Representative (COR) - An employee of the U.S. Government appointed by the Contracting Officer to perform contract administration activities in regard to technical issues. This individual has authority to provide technical direction to the Contractor as long as direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have the authority to change the terms and conditions of the contract.

Defective Service - A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable - Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Economic Impact Analysis – An analysis that examines the effects on an economy in a specific area; estimating or measuring the change of economic activity, and all associated impacts.

Government Furnished Property (GFP) - Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is deliverable under a cost contract when accepted by the Government for continued use under the contract.

Manufactured Housing Consensus Committee (MHCC) - A statutory Federal Advisory

Committee body charged with providing recommendations to the Secretary on the revision and interpretation of HUD’s manufactured home construction and safety standards and related procedural and enforcement regulations.

Manufactured Housing Construction and Safety Standards (MHCSS) - Federal standard regulated by HUD for the design and construction of all manufactured (mobile) homes produced in the United States after June 15, 1976. Pub.: The National Manufactured Housing

Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.; 24 CFR Part 3280.

Manufactured Housing Improvement Act of 2000 (MHIA) - Amends Sections 5402 to 5404, 5406, 5407, 5409, 5412 to 5415, 5419, 5422, and 5426 of the National Manufactured Housing

Construction and Safety Standards Act of 1974, repealing section 5425, and enacting and amending provisions set out as notes under this section]. Pub. L. 106-569, title VI, Sec. 601(a), Dec. 27, 2000, 114 Stat. 2997.

Performance Requirements Summary (PRS) - A listing of the performance requirements under the contract that are to be evaluated by the Government on a regular basis, performance indicators for these requirements, performance standards for these requirement and surveillance methods to be used to determine if performance standards are met.

Performance Standard - The Contractor's performance level required by the Government.

Performance Work Statement (PWS) - A statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

Physical Security - Actions that prevent the loss or damage of Government property.

Program Manager (PM) – A representative of the program responsible for managing the program and day to day activities.

Quality Assurance (QA) - Policies and procedures adopted by the Government to ensure that supplies and services acquired under Government contracts conform to the contracts quality requirements.

Quality Assurance Surveillance Plan (QASP) - A plan describing how the agency will survey, observe, test, sample, evaluate, and document the Contractor's performance in meeting critical performance standards identified in the contract.

Quality Control (QC) - All necessary measures taken by the Contractor to assure that the quality of an end product of service shall meet contract requirements.

Roberts Rule of Order A guide of Parliamentary Procedure for Meetings. The guide applicable to the MHCC which governs the conduct of meetings.

Subcontractor - Any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, material, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. The

Government does not have privity of contract with a subcontractor.

Technical Support - As used in Section 604(a)(3)(I) of the Act means specialized skill or knowledge such as, computer information technology, economic analysis, legal advice or drafting, engineering analysis or other specialized skills/knowledge necessary to assist the

MHCC to achieve its statutory purposes.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms

ANSI – American National Standards Institute

AO – Administering Organization

AQL - Acceptable Quality Level

ASQ - American Society for Quality

ASTM – American Society for Testing and Materials

CFR - Code of Federal Regulations

CIO or OCIO - Office of the Chief Information Officer of HUD

CO - Contracting Officer

COR - Contracting Officer's Representative

CPO - Chief Procurement Officer of HUD (Office of)

DFO – Designated Federal Officer

EST - Eastern Standard Time (U.S.)

ETC - Estimate to Completion

FACA – Federal Advisory Committee Act

HUD - U.S. Department of Housing and Urban Development

HUDAR - HUD Acquisition Regulation

MHCC – Manufactured Housing Consensus Committee

MHIA – Manufactured Housing Improvement Act

NFPA – National Fire and Protection Agency

OMB - Office of Management and Budget

PM - Project Manager

POC - Point of Contact

POCA - Plan of Corrective Action

QA - Quality Assurance

QASP - Quality Assurance Surveillance Plan

QCP - Quality Control Plan

SCOR - Subordinate Contracting Officers Representative

TBD - To be determined

U.S.C - United States Code

3 Government-Furnished Property and Services

The Contractor shall ensure accurate control and accountability of all Government- Furnished Property in accordance with the terms and conditions of this contract.

3.1 Government Services

Government services will not be provided.

3.2 Facilities

Government facilities will not be provided.

3.3 Equipment

Government equipment will not be provided.

3.4 Materials and Information

The Government shall provide the following materials and information: electronic access to HUD Standards, Regulations, and other information pertaining to oversight, monitoring and enforcement of manufactured home production and design, including historical operating procedures. All materials will remain the property of the Government and will be returned to the HUD PM upon request or at the end of the contract period.

3.5 Quality Assurance (QA)

The Government shall evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government shall do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level.

4 Contractor-Furnished Items and Services

The Contractor shall furnish, all facilities, equipment, and supplies required to perform the work under this contract that are not listed under Government-Furnished Property and Services.

4.1 Facilities

The Contractor shall furnish all facilities required to perform the services stated within this PWS.

4.2 Equipment

The Contractor shall furnish all equipment required to perform the services stated within this

PWS.

4.3 Materials

The Contractor shall furnish all materials required to perform the services stated within this PWS.

4.4 Contractor Responsibilities

The Contractor shall only conduct business with designated Government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Government, in writing, and updated as necessary throughout the contract period of performance.

U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports which are maintained by the Contractor remain the property of the U.S. Government. These files/results shall be surrendered to the COR.

4.5 Contractor Personnel

See HUDAR clause 2452.237-70 - Key Personnel in the Key Personnel section of the contract.

4.6 Identification of Contractor Employees

All Contractor/subcontractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, over the telephone, or via electronic mail, Contractor/subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees.

Contractors/subcontractors shall identify themselves on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation. Where practicable, Contractor/subcontractors occupying collocated space with their Government program customer shall identify their workspace area with their name and company affiliation, or at a minimum, "Contractor" after name.

5 Specific Tasks

5.1 Management and Administration

5.1.1 Transition-In Plan

The Contractor shall provide a Transition Plan. The plan will assist the Department in assuming or overseeing the transfer of all files maintained by the Contractor. The plan shall include the proposed schedule and key steps for transition.

Within six weeks of contract award, the Contractor shall provide HUD with a draft Transition- In Plan outlining the specific transition steps to be taken, the materials to be transferred, and the schedule for transfer.

After receiving HUDs review comments on the draft Transition Plan, the Contractor shall deliver the Final Transition Plan to HUD within 15 business days.

Performance Standards

a) Standard: Draft Transition-In plan due within six weeks after contract award. AQL: Zero deviation

b) Standard: Final Transition-In Plan due 15 business days after HUD’s review. AQL: Zero deviation

Deliverables

A001 Final Transition Plan

5.1.2 Manage and Track all MHCC Activities

The Contractor shall track all activities that occur with the MHCC to include any correspondence, public inquires, changes in membership, applications and/or nominations to the MHCC, upcoming meetings, proposed changes to the standards, purchase of standards, and any other tasks outlined in section 5 of this PWS.

The Contractor shall manage the receipt, handling, tracking and final disposition of all correspondence received by the Contractor (AO) directly or on behalf of the MHCC in connection with MHCC. The tracking system shall identify the following: (1) the date correspondence was received; (2) the identity of the sender and contact information; (3) a description of the correspondence (e.g., a recommendation from the public to revise the standards, an application for appointment to the MHCC, a transmittal from HUD to MHCC members, etc.); and (4) the disposition of the correspondence, if action was required or requested. The Contractor (AO) shall maintain documentation to support how and when correspondence is transmitted to MHCC members and HUD. The Contractor shall also review the HUD website pages with MHCC-related information on a quarterly basis and prior to MHCC meetings for accuracy, proper updates, and recommendations for improvement of the web information. The Contractor shall provide a (toll-free) telephone number for receipt of telephonic inquiries from MHCC members, the public or other interested parties.

The Contractor shall provide on a monthly activity report of all activities regarding the MHCC by the 5th business day of the following month.

Performance Standards

a) Standard: Monthly Activity Reports submitted by the 5th business day of the month.

AQL: Zero Deviation

Deliverables A002 Monthly Activity Report

5.1.3 MHCC Memberships and Applications

The Contractor shall establish an automated method or process (i.e., website) that allows the public to submit MHCC membership nomination applications and code/regulation change proposals that require MHCC consideration. The automated method shall be available within fifteen (15) business days of contract award. The established method will also contain a link that leads users to the HUD, OMHP program office webpage as well for additional information regarding the MHCC.

The Contractor shall receive and maintain all applications and attachments submitted for consideration of appointment to the MHCC, including a summary list of applications with full name, date received, category and contact information. The Contractor shall review and document all applications for compliance with MHIA criteria, including category eligibility, financial and other conflicts-of-interest, and qualifications; and notify applicants if applications are incomplete, or the applicant is not eligible. The Contractor shall also attempt to request and track the applicant’s background and ethnicity if volunteered by the applicant. The Contractor shall provide an update of all existing and new applications on the monthly activity report.

The Contractor shall maintain a current list of all MHCC members. The list shall include at a minimum: data for all fields of each members application/nomination, including but not limited to the interest category of all members; professional affiliation(s); contact information such as address, telephone number and email address; terms of appointment; and member applications with recommendations or attachments. The list shall be made available to HUD upon request.

The Contractor shall notify HUD of new MHCC member applications, MHCC member resignations, when a MHCC member no longer qualifies for the interest category appointed, or otherwise cannot participate as a member of the MHCC. The summary list of applications and list of MHCC members shall be provided to the Government upon request. Updates to the list shall be summarized in the monthly activity report.

The Contractor shall provide an analysis on each applicant/nomination to HUD along with recommendations for those deemed eligible for appointment to fill committee vacancies on the MHCC. The analyses and eligibility recommendations should include name of each applicant;

category for appointment; whether applicant meets the qualification for appointment or reappointment; a summary list of all applications received in chronological order during the prior three-year period for all categories; and copies of all applications, including the applicants recommended as eligible for reappointment. Recommendations for eligible appointment shall be based on the ANSI procedures, except as modified by the MHIA to ensure equal representation of the interest categories and a balance of interests. Recommendations of eligible appointments to the MHCC shall be provided 60 days prior to the end of each calendar year or within five days of HUD’s request.

The Contractor shall also provide HUD with a recommendation on when to issue a federal register notice to request the public for MHCC nominations to ensure eligibility reviews and recommendations can be completed at least 60 calendar days prior to the end of each calendar year. The Contractor will provide updates of applications received on the monthly activity report.

Performance Standards

a) Standard: Provide an electronic method for accepting applications that is available 24 hours, 7 days a week and operational within 15 business days of contract award.

AQL: Zero Deviation

b) Standard: Provide a Summary List of Applications and MHCC members AQL: Zero Deviation

c) Standard: Provide recommendation of appointments to the MHCC 60 calendar days prior to the end of each calendar year or within five business days of HUD’s request.

AQL: Zero Deviation

Deliverables A002 Monthly Activity Report A003 Method for Collecting MHCC Applications A004 Summary List of Applications of MHCC Applications & Members A005 Analysis of Applicants/Nominees & Eligibility Recommendations

5.1.4 MHCC Proposals

The Contractor shall provide an electronic searchable method for tracking all proposed changes and actions related to each proposal. The method shall at a minimum have the capability to filter, search, sort, and print reports for related proposals, etc. The method shall have the ability to track the history and life cycle of a proposal from inception to implementation if approved by the MHCC, HUD, OMB, etc. This method shall be accessible to the MHCC and HUD.

The Contractor will provide updates on applications and proposals received on the monthly activity report.

Performance Standards

a) Standard: Provide method for accepting and tracking proposals that is available 24 hours, 7 days a week and operational within 15 business days of contract award.

AQL: Zero Deviation

Deliverables A006 Method for Tracking and Retrieving Proposals

5.1.5 Federal Register (FR) Notice

The Contractor shall draft FR notices for MHCC meetings, Requests for Nominations for the MHCC, Request for Proposals and Proposed rules for any standards regarding manufactured housing programs. The Contractor shall provide the proposed meeting agenda as agreed upon by HUD and all other pertinent meeting information for the draft Federal Register Notice.

Monthly, the Contractor shall provide a report on current data collected for all tasks in this PWS and is due five business days before the monthly contract status meeting. The report is to be provided in written and electronic formats. The Department anticipates one report per month, reviewed during a monthly status meeting.

Performance Standards

a) Standard: Provide a draft FR notice within three business days of HUD’s request.

AQL: Zero Deviation

5.1.6 MHCC Training of the Consensus Committee Process.

The Contractor in its role as AO shall:

a. Provide training / new member orientation and support to the MHCC on the following matters:

MHIA and regulations published pursuant thereto;

Federal Advisory Committee Act (FACA) and regulations/guidelines;

Roberts Rules of Order;

ANSI procedures and protocols;

MHCC Charter;

MHCC by-laws; and Other statutory, regulatory, or procedural guidelines.

b. Assist HUD and the MHCC with updating the MHCC Charter, MHCC by-laws and other statutory, regulatory, or procedural guidelines.

c. Ensure MHCC members know and understand their responsibilities under the MHIA.

5.2 MHCC Meetings

The Contractor shall administer all MHCC meetings. The Contractor shall administer all MHCC meetings in accordance with FACA guidelines. All meetings are open to the public. The Contractor shall use Roberts Rules of Order to manage and govern the proceedings of all meetings. The Contractor shall provide services for up to four balloted meetings and up to six non-balloted meetings. The Contractor shall:

a. Organize, assist with leading and administering all MHCC meetings including full or subcommittee meetings, task force meetings, whether in person and/or via teleconference. The Contractor shall perform duties such as accounting for attendance, quorum determinations, advising on Roberts Rules of Order, etc., and other duties associated with MHCC meetings as determined by the PM/COR.

b. Provide HUD with a recommended date and one or more alternate dates to schedule MHCC meetings, after consulting with MHCC members regarding their availability to attend or participate using a poll. Recommendations shall give priority to dates that obtain the highest level of participation by the DFO and MHCC members and should identify the number and names of members that are available and not available to attend. All dates for proposed meetings shall be submitted to HUD 120 business days prior to the proposed meeting date for approval.

c. Provide a draft agenda for each meeting, based on unfinished business from prior meetings and after soliciting input from HUD and MHCC members regarding upcoming meetings. The draft agenda shall be provided 90 business days in advance of the meeting. Once reviewed and approved by HUD, the Contractor shall submit a final agenda within three days of receiving HUD’s comments.

d. Provide HUD and MHCC members with all pending actions and proposals before the MHCC, including information concerning the date of proposal submission, the status of all actions by the MHCC and subcommittees on the proposal, prior voting activity on the proposal and pending status, in an organized manner acceptable to HUD, 30 business days prior to the meeting date.

e. Provide comprehensive meeting minutes. A draft of the minutes of all meetings shall be transmitted to all MHCC members and HUD for review, comment, and approval within 10 business days after the meeting. Once reviewed and approved by HUD, the Contractor shall submit the draft meeting minutes three business days within receipt of HUD’s comments. The AO shall finalize the draft meeting minutes with the MHCC approval, then provide to HUD within 75 calendar days after the meeting.

f. Facilitate the meeting and actively keep the meeting on schedule. Inform MHCC members of the status of all activity regarding pending recommendations, recommendations acted upon by the members, or any other historical data needed to assist with the discussion during the meetings.

g. Document MHCC actions on all proposals.

h. Administer the balloting process during and after meetings, which includes tracking the number of votes for, against and abstentions; proposals approved by two-thirds vote of the members; proposals returned to subcommittee; and proposals approved subject to a letter ballot. The Contractor shall provide the ballot to MHCC members within 10 business days, post MHCC meeting. The Contractor (AO) shall ensure receipt of all ballots by all MHCC members and provide final results of ballots to the COR/PM for review and comments.

Meetings can take place with the full committee, subcommittee, or designated task force.

Depending on the agenda and the work set before the Committee, some meetings will be balloted (see paragraph h above) or non-balloted.

• Full Committee (In Person or Teleconference) Meetings. The full committee consists of all 21 members and the designated federal officer. The Contractor will administer full committee meetings that include the review of proposed standards, documentation of actions taken on those standards, meeting minutes, voting, and balloting of all actions (if necessary). The work of the MHCC will be driven primarily by the number of proposals received from the public and any other changes to the standards that are driven by other federal agencies (i.e., Department of Energy).

• Subcommittee Meetings (In Person or Teleconference). There are four subcommittees that derive from members of the full committee. Subcommittees consist of anywhere from a minimum of 9 to 14 members. The four subcommittees include:

o Regulatory Enforcement Subcommittee – This subcommittee evaluates any proposed changes to the regulations established at 24 CFR §§3282, 3285,3286, and 3288.

o Technical Systems Subcommittee – This subcommittee evaluates any proposed changes to the standards established in 24 CFR § 3280 Subpart F, G, H, and I.

o Structure & Design Subcommittee - This subcommittee evaluates any proposed changes to the standards established in 24 CFR § 3280 Subpart A, B, C, D, E, J o General Subcommittee – This subcommittee handles any other issues that do not fall within the specific provisions of the regulations including 24 CFR §§ 3282, 3285,3286, and 3288 sections and/or subparts described above.

As part of the MHCC’s current process, the Contractor will review the proposals and assign the proposal to the appropriate subcommittee for evaluation. Depending on the complexity of the proposal, a separate subcommittee meeting may be recommended. In those instances, the Contractor will administer a subcommittee meeting that includes the review of proposed standards, documentation of actions taken on those standards, meeting minutes, voting, and balloting of all actions (when necessary). Otherwise, the discussion of the proposal(s) assigned to the subcommittee can be discussed during a full MHCC meeting. Once the subcommittee completes their review of the proposal, the results of the evaluation and recommendations are briefed to the full committee for final voting and approval.

The Contractor can propose a new method for managing and disseminating proposals; however, the proposed method must be approved by the MHCC and HUD.

• Taskforce Meetings (In Person or Teleconference). Taskforce meetings can consist of full participation (all 21 members) of the MHCC and may include non-committee members, a subcommittee or an assigned group of individuals from the MHCC.

Taskforce meetings are designed to address specific issues of a narrow focus that may require specific engineering or technical disciples or any changes to the standards that derive from another agency that affect the manufactured housing construction and safety standards and regulatory enforcement of manufactured housing. A taskforce meeting may also be used to address through the MHCC any standard or programmatic issues that fall within the auspices of the authorities of MHCC. Taskforce meetings do not typically require the same level of effort as other meetings, as they do not require the voting and balloting process. The Contractor is required to perform tasks to include organizing and administering the meeting, checking the availability of taskforce members, provide a draft agenda, organizing comments and drafting meeting minutes for the MHCC and HUD approval and submitting comments and/or proposals on behalf of the MHCC and HUD.

The Contractor shall document all activity as it relates to this task in the monthly activity report.

Performance Standards

a) Standard: Provide recommendations for proposed meeting dates 120 calendar days prior to the proposed meeting date.

AQL: Zero Deviation

b) Standard: Provide a draft meeting agenda within 90 calendar days before the meeting.

AQL: Zero Deviation

c) Standard: Provide the final meeting agenda three business days after receipt of HUD’s comments

AQL: Zero Deviation

d) Standard: Provide all pending actions and proposals to HUD and the MHCC 30 business days prior to the meeting.

AQL: Zero Deviation

e) Standard: Provide the draft meeting minutes and ballot to HUD and the MHCC members within 10 business days, post MHCC meeting.

AQL: Zero Deviation

f) Standard: Provide final meeting minutes to HUD with 75 calendar days of the meeting occurrence.

AQL: Zero Deviation

Deliverables A002 Monthly Activity Report A007 MHCC Draft Meeting Minutes A008 MHCC Ballots A009 Final Meeting Agenda A010 Proposals and Pending Actions List A011 Final Meeting Minutes

5.3 Technical Support – Economic analysis & Rulemaking Support Services

a. The AO will provide the specific approach and methodology used to perform the economic analysis for proposed revised standards voted by the MHCC for submission to HUD, and shall submit the approach and methodology to HUD for approval.

b. Upon request of the MHCC, the AO will:

1. Assist the MHCC with submittal of proposed revised standards to HUD, after a proposal has been approved by two-thirds of the MHCC members; the proposed revised standard shall include the economic analysis and meet the requirements of the MHIA (see MHIA, Section 604(4)(A)(ii)). This task includes assembling the proposed revised standard in the proper format per MHIA requirements, the Administrative Procedures Act, the Office of Federal Register Document Drafting Handbook, and HUD’s Rule Making Process, https://www.hud.gov/program_offices/general_counsel/HUD- Rulemaking-Process.

2. Perform economic analysis of proposed rules without reference standards that have been approved by the MHCC and provide to HUD and the MHCC for review and approval.

3. Perform economic analysis of proposed rules containing updates to reference standards. The Contractor shall provide the analysis within 60 calendar days of HUD’s request.

4. Purchase up to two copies of each reference standard that is required to perform an economic analysis or other tasks associated with the standards; some standards are available through HUD, the Contractor shall coordinate with HUD and obtain approval from HUD prior to purchase. The Contractor shall research the various standards agencies (i.e., ASTM, UL Standards, NFPA) to see if some standards can be obtained at no cost to the Government, then recommend to HUD which standards should be purchased. The Contractor shall also cross-check with HUD to see if any standards are maintained by HUD already. The Contractor shall ensure all standards purchased are transferrable to HUD.

c. Confirm and document that all proposals have met the requirement for approval in accordance with the MHIA and provide final submission/ report to HUD for review and approval.

d. Assist HUD and MHCC with clarifications, discussions, and draft responses to internal (i.e., HUD Office of Policy Development and Research) and external entities (i.e., Office of Management and Budget (OMB) regarding the analysis of proposed rules.

e. Provide a draft proposed rule that adheres to the Administrative Procedures Act and HUD requirements on rulemaking. The draft proposed rule shall include a draft preamble, impact analyses and regulatory text.

f. Assist HUD with drafting any final rule for rulemaking. The Contractor shall provide specific explanations of the regulatory change, provide the draft of what the new standard would look like, draft the language for the preamble, etc. using the format and guidelines of the Administrative Procedures Act, HUD requirements on rulemaking, and the Document Drafting Handbook from the Office of Federal Register.

Performance Standards

a) Standard: Provide method for performing economic analysis for proposed revised standards voted by the MHCC for submission to HUD within 60 calendar days of HUD’s request.

AQL: Zero Deviation

b) Standard: Purchase reference standards within 10 business days of approval from HUD. AQL: Zero Deviation

Deliverables A012 Methodology for performing economic analysis https://www.hud.gov/program_offices/general_counsel/HUD-Rulemaking-Process https://www.hud.gov/program_offices/general_counsel/HUD-Rulemaking-Process https://www.hud.gov/program_offices/general_counsel/HUD-Rulemaking-Process

A013 Economic Analysis of Proposed Rule without reference standards A014 Economic Analysis of Proposed Rule with reference standards A015 Proposed Rule Draft A016 Final Rule Draft

5.4. Transition Out Services

The Contractor shall provide a Transition-Out Plan that includes key interface points and midstream events in accordance with the PWS. During the Transition periods, the Contractor shall attend pre and post award and other meetings with HUD to ensure smooth transition, as applicable. Provide a written Transition-Out Plan to the COR no later than 120 business days before contract expiration date.

The Transition-Out plan ensures that the follow-on Contractor, or the Government, will be provided all contract materials and provide adequate time for the new Contractor, or the Government, to have their personnel completely familiar with current efforts and in place on the turnover date. The Contractor shall have sufficient personnel on board during the Transition-Out period to ensure that there is no decrease in productivity or negative impacts on additional services.

The Contractor shall perform the following Transition Services:

• Ensure a smooth transition with the Government or a successor Contractor during the

Transition-Out period, prior to completion of contractual performance.

• Aid in the development of plans, procedures, and methods for the assumption of all on-going work, such that full control by the successor is achieved by the end of the Transition- Out period.

• Include an inventory of all materials developed and/or provided by HUD that will be required to fully integrate the information and processes developed under the contract in its Transition-Out plan.

• Include a schedule of briefings, including dates and time and resources allotted, that will be required to fully transition all materials developed to the follow-on Contractor, or the Government, and will provide the names of individuals that will be responsible for fully briefing their follow-on counterparts in its Transition-Out plan.

• Ensure that the data shall be transferred to the successor with no loss of information, data, or functional capability, in a machine-readable format.

• Provide a seamless, logical, error-free, and efficient transition from its environment to the successor.

Performance Standards

a) Standard: Provide a transition out plan 120 business days before contract expiration.

AQL: Zero Deviation

Deliverables A017 Transition Out Plan

6 Deliverables

The Contractor shall complete all work and submit all deliverables as specified herein.

The Government reserves the right to make changes to delivery dates.

Number Name Frequency Quantity

A001 Final Transition-In Plan Once 1

A002 Monthly Activity Report Monthly 1

A003 Method for Collecting MHCC Applications Once 1

A004 Summary List of MHCC Applications &

Members

Once 1

A005 Analysis of Applicants/Nominees & Eligibility

Recommendations

Once 1

A006 Method for Tracking and Retrieving

Proposals

Once 1

A007 MHCC Draft Meeting Minutes Per Meeting 1

A008 MHCC Ballots Per Meeting 1

A009 Final Meeting Agenda Per Meeting 1

A010 Proposals and Pending Actions List Per Meeting 1

A011 Final Meeting Minutes Per Meeting 1

A012 Methodology for Performing Economic

Analysis

Per Analysis 1

A013 Economic Analysis of Proposed Rule without reference standards

Per Rule 1

A014 Economic Analysis of Proposed Rule with reference standards

Per Rule 1

A015 Proposed Rule Draft Per Rule 1

A016 Final Rule Draft Per Rule 1

A017 Transition Out Plan Once 1

6.1 Quality Control Plan

The Contractor shall establish and maintain a complete quality control program that shall ensure services are performed in accordance with this contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-reoccurrence of defective services.

The Contractor's quality control program is the means by which they assure themselves that their work complies with the requirements of the contract. The Contractor shall provide the associated Quality Control Plan to the Government as directed.

The Contractor shall develop, maintain, enforce, and document a Quality Control Plan (QCP).

The QCP shall ensure the Government receives the level of quality that is consistent with the requirements specified in this contract. The QCP shall be sufficiently detailed to provide the Contractor's methodology for identifying and recruiting qualified personnel. The QCP shall also provide the Contractor's methodology for resolving problems identified by the Government during reviews conducted in accordance with its Quality Assurance Surveillance Plan (QASP).

The QCP shall also provide the Contractor's methodology for establishing an internal feedback system for support personnel and for resolving problems identified by that feedback system.

The QCP shall demonstrate and validate that the services or deliverables to be provided under the contract are completed with a level of quality that meets the minimum performance threshold established in the Government's QASP. The QCP shall address Quality Management Approach, Quality Assurance, Quality Control, and Quality Standards.

The Contractor's QCP shall be delivered to the COR within 30 days after contract award (or with the Contractor's proposal if it is an evaluation factor). The QCP shall be submitted to the COR within 30 business days when changes are made thereafter.

6.2 Acceptance Criteria

Each contract deliverable shall meet the following inspection and acceptance criteria in additional to any "Inspection and Acceptance contract terms and conditions:

• Deliverables shall incorporate all HUD’s comments;

• All deliverables shall be provided to the designated COR first in draft format for review and comment unless specified otherwise by the COR;

• Subsequent final reports shall incorporate the comments, changes, edits, and concerns expressed to the Contractor by the COR. All deliverables shall be grammatically correct, reflect comprehensive research, incorporate complete analysis, and address HUD concerns;

• Acceptance of all deliverables shall be provided in writing by the COR within 5 business days. Upon written notification by the COR, the Contractor shall make any required revisions and resubmit the documentation within 5 business days, and/or submit a final draft within two (2) business days. The COR will inform the Contractor of the final draft.

• The Contractor shall provide any further refinement needed for documents required by the COR;

• All deliverables must be in compliance with Section 508 requirements as established by the Section 508 Access Board and other HUD guidelines; and

• In the event the Government deems a deliverable as unacceptable and the deliverable is rejected, the Contractor shall rework the deliverable at no cost increase to the contract.

In the event the Government deems the services are unacceptable and rejects the service, the Contractor shall take action necessary to correct deficiencies and bring the service into compliance with the acceptability standards of the contract.

7 Related Documents

The Contractor shall abide by all applicable regulations, publications, manuals, policies, and…