ARC Backlog_PWS 030326.docx

Backlog Inspections Performance Work Statement (PWS) 02/06/2603/03/2026 Version 02.db

Contents

Vision Statement The U.S. Department of Housing and Urban Development (HUD) has transitioned from the legacy Uniform Physical Condition Standards (UPCS) inspection protocol to the National Standards for the Physical Inspection of Real Estate (NSPIRE) inspection protocol. HUD requires a Contractor to successfully execute NSPIRE inspections.

The U.S. Department of Housing and Urban Development’s (HUD) Assessment and Recovery Center (ARC) will:

· Erase its backlog of National Standards for the Physical Inspection of Real Estate (NSPIRE) inspections and achieve its strategic goals for the fiscal year

· Have insight and accurate, actionable data and information regarding the physical condition of the HUD-assisted properties inspected through this contract 1 General Information

1.1 Scope of Work

HUD’s Office of Public and Indian Housing (PIH), Assessment and Recovery Center (ARC), formally known as the Real Estate Assessment Center (REAC), is seeking Contractor support for the NSPIRE Inspection Services Model. The Contractor’s services are required so ARC will get complete and accurate:

1. Physical assessments on HUD-assisted and insured properties. Comment by Weese, Timothy W: These Contractors will not be inspecting HUD insured properties via this contract.

2. Assessments on health and safety risks.

3. Raw inspection data that support enforcement actions and sanctions.

These services are necessary to provide ARC’s stakeholders with accurate assessments that support data-driven decision making and; help ensure HUD-assisted and insured properties are safe, healthy, and effectively managed. Services shall include:

· Program and Project Management Support Services

· Scheduling and Conducting NSPIRE Inspections ARC seeks a Contractor for NSPIRE inspections, requiring thorough and accurate inspections, detailed observations, and comprehensive analysis. The Contractor shall use established business processes and technology solutions and provide full support and administrative services to ensure seamless operations and compliance with all HUD requirements and standards.

1.2 Background

ARC assists in improving housing quality by performing accurate, credible, and reliable assessments of HUD’s real estate portfolio. ARC’s primary mission is to provide our customers with independent, actionable assessments that advance risk-informed decisions about the condition of the nation’s affordable housing portfolio.

The NSPIRE model prioritizes health, safety, and functional defects over appearance. It implements inspections that better reflect the true physical conditions of the property. HUD would like to continue its historical goal of completing 18,000 inspection assessments annually for Public Housing, Multifamily, and other properties subject to ARC inspections. Compared to the former Uniform Physical Condition Standards (UPCS), the NSPIRE model supports the adoption of sound, year-round maintenance practices. Accordingly, HUD has updated its approach to procuring NSPIRE inspections to focus the Contractor on program and project management of scheduling and conducting NSPIRE inspections. HUD will provide NSPIRE training to Contractor staff, including inspectors, in accordance with section 3.1.3 of this Performance Work Statement (PWS). HUD’s objective is for the Contractor to take the responsibility for the inspection and inspection process by performing the following functions:

· Performing Human Resource Management functions

· Recruiting of inspectors

· Monitoring inspector performance

· Inspection planning

· Performing NSPIRE Inspections The NSPIRE approach requires the Contractor to provide planning and execution of NSPIRE physical inspections of HUD-assisted housing, and the use of Contractor-provided hardware and software for the planning, execution, and submission of inspections and their results.

1.3 Constraints

The services identified in this PWS shall adhere to the rules, regulations, laws, standards, and conventions identified by HUD as well as within the Federal Government., including those identified in section 1.2.1 above.

1.3.1 Inspection Constraints

1.3.1.1 Inspection Performance

ARC seeks a Contractor capable of providing accurate observations, research, and analysis services with established business processes and technology solutions, including comprehensive support and administrative services. The Contractor must also have inspectors with a proven and Contractor-verified record of performing inspections and delivering precise observations.

1.3.1.1 NSPIRE Policies

The Contractor shall be aware of, and adhere to, the NSPIRE standards, guidance documents, and notices governing the performance of NSPIRE Inspections. The links to the NSPIRE Final Rule and NSPIRE Standards and Scoring and Administrative Notices are listed below.

The NSPIRE Final Rule (May 11, 2023) at: Comment by Neal, Keia L: These should be under constraints. Comment by Weese, Timothy W: They are here now.

https://www.federalregister.gov/documents/2023/05/11/2023-09693/economic-growth-regulatory-relief-and-consumer-protection-act-implementation-of-national-standards The NSPIRE Standards, Scoring and Administrative Notices can be found in the Federal Register or on a HUD website at:

https://www.hud.gov/program_offices/public_indian_housing/ARC/nspire/notices NSPIRE Standards at:

https://www.federalregister.gov/documents/2023/06/22/2023-13293/national-standards-for-the-physical-inspection-of-real-estate-inspection-standards NSPIRE Scoring Notice at:

https://www.federalregister.gov/documents/2023/07/07/2023-14362/national-standards-for-the-physical-inspection-of-real-estate-and-associated-protocols-scoring NSPIRE Administrative Procedures Notice at:

https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-16pihn.pdf

NSPIRE Inspection Protocol and Guidance at:

https://www.hud.gov/sites/dfiles/PIH/documents/NSPIRE_Inspection_Protocol_Guide.pdf

1.3.1.2 General Liability Insurance Requirements

The Contractor shall secure and maintain General All Risk Liability insurance that covers all employees, any individual acting on the Contractors behalf, and any individual who conducts inspections under the contract. Until ARC issues an updated notice on Inspector Administration and Conduct, inspectors performing inspections for ARC or on behalf of HUD shall adhere to NSPIRE Administrative Procedures Notice 2023-16/H.

Contractors, including both in-house and subcontract inspectors, shall maintain General All Risk Liability insurance with limits not less than a Combined Single Limit of $1,000,000 per occurrence, and $2,000,000 aggregate. The Contractor shall provide HUD with proof of insurance for all inspectors performing inspections under this contract. Additionally, the Contractor shall maintain General All Risk Liability insurance with limits of no less than a Combined Single Limit of $4,000,000 per occurrence and $12,000,000 aggregate. The Contractor shall ensure that HUD is named as the certificate holder of the policy on all inspector certificates, in accordance with FAR 52.228-5, regardless of whether the inspectors are Contractor employees or subcontractors.

As proof of insurance, Contractors shall provide HUD a copy of the insurance certificates. The certificates shall include the name, address, and telephone number of the general all risk liability insurance company providing the Contractor insurance coverage, as well as the policy number. Contractor insurance coverage is subject to verification. HUD reserves the right to update the insurance requirements as necessary.

1.3.1.3 Inspectors

1. The Contractors shall ensure only Contractor employees who pass a Tier 2 background investigation (non-sensitive moderate risk - public trust - position) shall perform contract tasks.

2. The Contractor shall ensure inspectors do not present organizational conflicts of interest as outlined in FAR Part 9.502 and HUDAR 2452.209-72.

3. The Contractor shall ensure the required personnel sign and submit a Nondisclosure Agreement (NDA).

4. The Contractor shall recruit a pool of inspectors who are knowledgeable in industry best practices and standards and possess required qualifications.

5. The Contractor must have inspectors with a proven and Contractor-verified record of performing inspections and delivering precise observations The Contractor shall ensure and certify that all personnel, including any subcontractor personnel, conducting inspection activities meet the following minimum qualifications, subject to government verification upon request:

a. High school diploma or equivalent.

b. Specific technical knowledge in major building trades used in residential construction including foundations, structures, framing, roofing, plumbing, heating and air conditioning, and electrical.

c. General computer skills, including proficiency with Microsoft (MS) Windows software (e.g., Excel, Word, PowerPoint), smart phone devices, Apple devices (iPhone, iPad, iOS), tablets, and the ability to use appropriate data collection devices.

d. Completion of a minimum of 25 inspections.

e. Ability to read, understand, and interpret (based on personal experience) the applicable inspection standards.

f. Undergo a Contractor-initiated criminal background check and not be subject to a lifetime registration requirement under a state sex offender registration program.

g. If the Contractor or subcontractor has an existing contract with a Public Housing (PHA) or Multifamily Property Owner/Agent (POA) to perform inspections or related services or has had such a contract within the previous 12 months, the Contractor or subcontractor shall not perform inspections at this PHA/POA’s property(ies).

h. Inspectors shall complete the lead-based paint visual assessment training at: https://apps.hud.gov/offices/lead/training/visualassessment/h00101.htm. The contractor shall track completion of the course and ensure refresher training is completed every two years.

i. Inspectors who have not completed NSPIRE training, shall complete the initial HUD NSPIRE training in person, virtually, or a combination of both. Remedial training may be done in person, virtually, or a combination of both.

6. The Contractor will be responsible for providing all initial and updating information and documentation to create and maintain inspector profiles in HUD's system of record to include but not limited to:

a. Inspector’s first name

b. Inspector’s last name

c. Inspector’s email

d. Inspector’s phone number

e. Inspector’s state

f. Inspector’s certificate of insurance

g. Inspector’s training completion certificates

h. Inspector’s SAN approval

1.3.1.4 Inspector Conduct

Persons performing ARC inspections are expected to serve as neutral observers of property conditions as defined in HUD regulations and notices. They shall not offer opinions or reactions to conditions observed and shall not provide technical assistance or advice to property representatives.

1. Inspectors shall:

a. Adhere to applicable Inspector Administration business rules and comply with decisions and actions made by HUD.

b. Display Contractor-issued photo identification cards throughout the inspection.

c. Respect resident privacy. For example, inspectors must not attempt to open a closed door in a residence. The inspector shall defer to the property representative.

d. Comply with reasonable requests from residents and property representatives during the inspection.

e. Defer all questions about individual deficiencies, the inspection, standards, scoring or process from residents or other third parties to the property representative.

2. Inspectors shall not:

a. Express opinions or comment on the nature or condition of the property, residents, belongings, or behavior or offer advice on how to correct a deficiency or increase the score.

b. Make representations or promises to residents or property representatives or staff that items will be repaired based on inspection results.

c. Attend an inspection, or participate in an inspection in any capacity, that is being conducted by another HUD NSPIRE-trained inspector while providing independent consulting services of any kind on behalf of the property owner or representative.

d. Include in attendance or participation during an NSPIRE inspection any unauthorized person, including family, friends, or inactive NSPIRE inspectors.

e. Use any facility on a property, property owner's office, housing agency office, or HUD field office to conduct personal business.

f. Use profanity or other offensive language prior to, during, or after an inspection.

g. Engage in fraudulent activities, such as falsifying an inspection.

h. Conduct an inspection under the influence of alcohol or drugs.

i. Smoke anywhere inside the property or within 25 feet of any entrance or window.

j. Threaten, verbally or in writing, residents, inspection participants, property representatives or any other individual with whom the inspector comes in contact.

k. Carry a firearm, weapon of any kind, or any other object that could be construed as a weapon, on a property.

l. Commit theft or intentional damage to property.

m. Cancel an inspection due to a quality assurance review.

n. Threaten or engage in violence against any person while conducting an inspection.

o. Engage in sexual harassment, misconduct, or any other type of unwanted conduct.

p. Advise a property to remove a component that if not present, would not be assessed and scored.

q. Offer additional services, either paid or unpaid, on how to improve inspection scores.

r. Collect nor record personally identifiable information (PII) or depictions of anyone present during the inspection in photographs, the Federal Inspection Application (FIA), or successor system.

1.3.21 Information Technology Security

The Contractor shall:

A. Maintain IT security and comply with all terms and conditions of the contract throughout the term of the contract with respect to all data and information technology requirements.

B. Use, maintain, enhance, develop, and upgrade all information technology software and system documentation under this Contract in accordance with Federal Laws, best practices, and regulations.

This includes, at a minimum:

· Federal Information Security Management Act - https://www.dhs.gov/fisma

· The Privacy Act - https://www.archives.gov/about/laws/privacy-act-1974.html

· The E-Government Act - https://www.archives.gov/about/laws/egov-act-section-207.html;

· The Clinger-Cohen Act -https://www.fismacenter.com/Clinger%20Cohen.pdf

· Government Paper Reduction Act https://pra.digital.gov/

· Office of Management and Budget Circulars A-130, and A-I23 https://www.cio.gov/policies-and-priorities/circular-a-130/ https://obamawhitehouse.archives.gov/omb/circulars_a123_rev

· Office of Management and Budget Memorandum 17-12 https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2017/m-17-12_0.pdf

· Federal Financial Manager Integrity Act (FFMIA).

Office of Federal Financial Management Federal Financial Management Improvement Act (FFMIA) | The White House (archives.gov)

· Federal Information Security Modernization Act (FISMA) of 2014.

Federal Information Security Modernization Act | CISA

· Section 508 of the Rehabilitation Act of 1998 Regulations.gov http://www.gpo.gov/fdsys/pkg/PLAW-105publ220/pdf/PLAW-105publ220.pdf.

· Freedom of Information Act (FOIA) Laws and Regulations.

FOIA.gov - Freedom of Information Act

· Publications from National Institute of Standards and Technology (NIST) Recourse Center (nist.gov)

· OMB Memorandum:

https://www.whitehouse.gov/omb/information-for-agencies/memoranda/.

· HUD Office of the Chief Information Officer (OCIO) Handbooks:

https://www.hud.gov/program_offices/administration/hudclips/handbooks/cio.

C. Maintain Security Assessment and Authorization (SA&A) standards in accordance with guidance published by NIST. An independent SA&A will be performed by Housing and Urban Development (HUD) during the period of performance of this contract. The Contractor shall complete the SA&A within 90 days after the award of the contract and again at the expiration of the SA&A and to include any revisions or updates.

D. Follow HUDs Project Planning and Management (PPM) Life Cycle2.0, found at:

https://www.hud.gov/program_offices/cio/ppm/PPMV20Introduction and industry best practices in the analysis, design, development, testing and implementation of proposed new systems and/or the enhancement to existing systems. This includes prohibiting live data from being used in any environment other than Production and Disaster Recovery (DR) environments. Specifically, no live data should be used in development, testing or staging environments.

1. Review and update system documentation to ensure accuracy, compliance, and completeness.

Reviews and revisions shall be completed and delivered to HUD quarterly.

E. Each mixed or financial system that the Contractor manages, develops, modifies, enhances, releases and/or upgrades will be assessed under the Federal Information System Controls Audit Manual (FISCAM) methodology that includeincludes control families for both General Computer and Business Process Application controls:

1. General Controls:

a. Security Management

b. Access Controls

c. Configuration Management

d. Segregation of Duties

e. Contingency Planning

2. Business Process Application Controls:

a. Application Security

b. Business Process Controls

c. Interfaces

d. Data Management F. Each mixed or financial system that the Contractor manages, develops, modifies, enhances, releases and/or upgrades must comply with identified OMB A-123 Appendix A "Management's Responsibility for Internal Control", and Appendix D "Compliance with the Federal Financial Management Improvement Act of l996 key controls; and the Federal Information Security Management Act of 2002 (FISMA) to include:

1. National Institute of Standards and Technology Special Publication (SP) 80053, Security and Privacy Controls for Federal Information Systems and Organizations, Revision 5 (NIST SP 80053, Rev. 5);

2. NIST SP 800-18 Rev. 5 - Guide for Developing Security Plans for Federal Information Systems;

3. NIST SP 800-23 - Guidelines to Federal Organizations on Security Assurance and Acquisition/Use of Tested/Evaluated Products;

4. NIST SP 800-30 Rev. 5 - Guide for Conducting Risk Assessments;

5. NIST SP 800-34 Rev. 5 - Contingency Planning Guide for Federal Information Systems;

6. NIST SP 800-37 Rev. 5 - Guide for Applying the Risk Management Framework to Federal Information Systems;

7. NIST SP 800-47 - Security Guide for Interconnecting Information Technology Systems;

8. NIST SP 800-53A Rev. 5 - Guide for Assessing the Security Controls in Federal Information Systems and Organizations, Building Effective Security Assessment Plans;

9. NIST SP 800-59 - Guideline for Identifying an Information System as a National Security System;

10. NIST SP 800-60 Rev. 5 - Guide for Mapping Types of Information and Information Systems to Security Categories;

11. NIST SP 800-84 - Guide to Test, Training, and Exercise Programs for IT Plans and Capabilities;

12. Federal Information Processing Standards (FIPS) 199/200 - Security Categorization Analysis; and

13. FIPS 191 - Guideline for the Analysis of Local Area Network Security.

G. HUDs Office of the Chief Information Officer (OCIO) will have responsibility for maintaining the FISCAM-based mapping of security controls that will be required in order to maintain compliance with FISMA, OMB A-123, and HUD security requirements.

H. The Contractor shall support and provide system security to ensure availability, confidentiality, and integrity of the HUD data applications (e.g., maintaining access control, user identification, password protection and authentication, confidentiality of customer profiles and traffic, physical and personnel security required under this PWS). Provide SA&A support, including potential off cycle or unanticipated SA&A support, over the life of the contract.

I. The HUD System Security Plans (Risk Assessment, Incidence Response Plan, and IT Contingency Plan) shall be reviewed and presented to HUDs Chief Information Security Officer for approval.

J. The Contractor shall maintain compliance with OMB Memorandum 17-12 (Preparing for and Responding to a Breach of Personally Identifiable Information), which requires Contractors and sub-Contractors (at any tier) to:

1. Cooperate with and exchange information with agency officials, as determined necessary by the agency, in order to effectively report and manage a suspected or confirmed breach.

2. Properly encrypt PII in accordance with OMB Circular A-130 and other applicable policies and to comply with any agency-specific policies for protecting PII;

3. Provide and participate in mandatory training on how to identify and report a breach;

4. Report a suspected or confirmed breach in any medium or form, including paper, oral, and electronic, as soon as possible and without unreasonable delay, consistent with the agency’s incident management policy and US-CERT notification guidelines;

5. Maintain capabilities to determine what Federal information was or could have been accessed and by whom, construct a timeline of user activity, determine methods and techniques used to access Federal information, and identify the initial attack vector;

a. Allow for an inspection, investigation, forensic analysis, and any other action necessary to ensure compliance with OMB M 17-12, the agency’s Breach response plan, and to assist with responding to a breach;

b. Identify roles and responsibilities, in accordance with OMB M 17-12 and the agency’s Breach response plan; and,

c. Explain that a report of a breach shall not, by itself, be interpreted as evidence that the Contractor or its subcontractor (at any tier) failed to provide adequate safeguards for PII.

6. The Contractor shall provide and present a Security Self-Assessment Report to HUDs Chief information Security Officer on an annual basis, due no later than August 31st of each calendar

7. year.

a. Breach of Contract damages

b. False Claims Act damages

c. Liquidated Damages

d. Termination for Default

e. Termination for Convenience

f. Poor Past Performance

g. Suspension/debarment K. The Contractor shall support HUDs evaluation of Contractor systems for compliance with all security regulations and requirements by providing access to the information systems.

1.3.2 Computer System/Information Technology Capability1.3.3 Computer System/Information Technology Capability

1.3.32.1 Data Standards for Interface with HUD

The Contractor shall possess and sustain the capacity to interface with HUD’s computer systems using the following standard industry protocols and formats throughout the contract.

1.3.32.21.1 Required Functions

The Contractor’s computer systems shall perform all functions needed to perform the work under this contract. Formal scheduling, conduct, and execution of inspections shall be performed in HUD’s NSPIRE Salesforce instance or the Federal Inspection Application (FIA)FIA or successor systems, as appropriate.

1.3.32.31.2 Data Use and Security

All inspection, analysis, and other data collected by the Contractor under this contract is the sole property of HUD. Without the express written consent of the person(s) designated by HUD, the Contractor shall not use this data for:

a. Any other work, analysis, or research they may do

b. Publication or dissemination of this data in any form

c. Transferring this data to any third party entitles, including Government, commercial or not-for-profit organizations as well as private parties Collected data shall not be used for any legal purposes unless specifically permitted by HUD. The Contractor shall assume full liability for misuse, publication, or dissemination of collected data.

The Contractor shall ensure that all data is collected, transported, and stored securely. The Contractor shall be liable for any data loss and/or corruption for the duration of the contract. Contractors shall implement necessary data security and backup procedures to ensure data safety and availability consistent with the standards set forth in 1.43.1.1.4 Non-Personal Services

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 one base period of 12 months and two (2) 12-month option periods.

1.6 Place of Performance

The services to be performed under this contract shall be performed at the Contractor's Facilities and Continental United States (CONUS) and Outside Continental United States (OCONUS) property locations within the jurisdiction of the United States of America. The Contractor will be assigned inspections using the regional alignment below:

· Atlanta Region: Alabama, Florida, Georgia, Indiana, Illinois, Kentucky, Mississippi, North and South Carolina, Tennessee, Puerto Rico, U.S. Virgin Islands

· Denver Region: Arkansas, Colorado, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, New Mexico, North and South Dakota, Oklahoma, Texas, Utah, Wisconsin, Wyoming,

· Philadelphia Region: Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

· Santa Ana Region: Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Washington, Territory of Guam

1.7 Hours of Operation

The Contractor is responsible for providing services between the hours 8:00 am through 6:00 pm Eastern Standard Time (EST) Monday thru Friday except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings. The hours for inspection will be governed by the local time zone in which the inspection takes place. Inspectors shall not enter resident units any earlier than 9:00 am and not later than 5:00 pm and end by 6:00 pm local time. Weekly hours shall not exceed a forty (40) hour work week and a typical workday will be 8 hours each day Monday through Friday. The Government reserves the right to change hours of operation or restrict Contractor access. Work outside of these daily hours is prohibited without Contracting Officer approval. Government agencies will not be available during scheduled holidays, inclement weather, weekends, and after duty hours.

The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within the contract when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Special Qualifications (Intentionally left blank)

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. The Government intends to convene a Post Award Conference with the Contractor within ten (10) business days after contract award. The Contracting Officer will notify the Contractor of the specific date, location, and agenda within five (5) business days after contract award

1.10 Status Meetings

The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to 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.

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. The Contractor shall travel using the lower cost mode transportation commensurate with the mission requirements. When necessary to use air travel, the Contractor shall use the tourist class, economy class or similar lodging accommodations to the extent they are available and commensurate with the mission requirements. HUD will not reimburse Contractor's local travel. In alignment with official guidance from GSA, local travel is defined as within 50 miles of the corporate limits of the city or town, or the usual commuting areas of the official worksite / duty station (area served by local transportation services such as buses, streetcars, subways, and trains. All other travel will be reimbursed on a cost reimbursable basis; no profit or fee will be paid.

Travel for inspections will not be reimbursed except as noted in contract payment terms. Travel for HUD meetings and to attend HUD training will be reimbursed.

2 Definitions and Acronyms

2.1 Definitions

Application Programming Interface - A set of protocols, tools, and standards for building software applications Assessment and Recovery Center (ARC) - Provide our customers with independent, actionable assessments that advance risk-informed decisions about the condition of the nation’s affordable housing portfolio. Comment by Weese, Timothy W: Moved to be in alphabetical order Business/Workdays - Every official workday of the week which are days between and including Monday to Friday. This does not include public holidays and weekends.

Calendar Day - Any day of the week.

Contractor - A supplier or Contractor 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 into, 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 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.

Housing Quality Standards (HQS) - Standard housing to establish the minimum criteria for the health and safety of program participants.

Government Furnished Property (GFP) - Government-furnished property means 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 a deliverable under a cost contract when accepted by the Government for continued use under the contract.

National Standards for the Physical Inspection of Real Estate (NSPIRE) - The new NSPIRE model prioritizes health, safety, and functional defects over appearance. It implements inspections that better reflect the true physical conditions of the property. The NSPIRE model supports the adoption of sound, year-round maintenance practices.

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 requirements 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.

Personally Identifiable Information (PII) - Information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc., alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc.

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

Project/Program Manager - The person assigned by the performing organization to lead the team that is responsible for achieving the project objectives.

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.

Assessment and Recovery Center (ARC) - Provide our customers with independent, actionable assessments that advance risk-informed decisions about the condition of the nation’s affordable housing portfolio.

Service Contract - A contract that directly engages the time and effort of a Contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.

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 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 a contract with a subcontractor.

Subject Matter Expert - An individual with a deep understanding of a particular process, function, technology, machine, material or type of equipment. Individuals designated as subject matter experts are typically sought out by others interested in learning more about or leveraging their unique expertise to solve specific problems or help meet particular technical challenges.

Uniform Physical Condition Standards (UPCS) inspection protocol was developed by the HUD ARC to ensure that housing is decent, safe, sanitary and in good repair.

U.S. Department of Housing and Urban Development (HUD) - Provides housing support and uplifts communities.

Technical Assistance Center (TAC) - to provideProvides multi-channel contact center services that support the HUD mission in order to create strong, sustainable, inclusive communities and quality affordable homes for all.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms and Abbreviations

AARST - American Association of Radon Scientists and Technologists AQL - Acceptable Quality Level API – Application Programming Interface ARC – Assessment and Recovery Center – formerly the Real Estate Assessment Center (REAC) CO - Contracting Officer COR - Contracting Officer Representative FIA – Federal Inspection Application HQS - Housing Quality Standards HUD - U.S. Department of Housing and Urban Development - Provides housing support and uplifts Comment by Weese, Timothy W: Moved to be in alphabetical order communities.

MS – Master Schedule NSPIRE - National Standards for the Physical Inspection of Real Estate PHA – Public Housing Agency PII - Personally Identifiable Information POA – Property Owner/Agent P/PM - Project/Program Manager PSR - Performance Requirements Summary PWS - Performance Work QA - Quality Assurance QAFO – Quality Assurance Field Observation QASP - Quality Assurance Surveillance Plan QC - Quality Control SME – Subject Matter Expert UPCS - Uniform Physical Condition Standards HUD - U.S. Department of Housing and Urban Development - Provides housing support and uplifts communities.

TAC - Technical Assistance Center 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. The Government will furnish, at no cost to the Contractor, the GFP noted below.

3.1 Government Services

The Government will provide the Contractor user access privileges to any necessary systems or information. User access privileges will be granted upon successful completion of background/security investigations and cybersecurity awareness training administered by the Government.

3.1.1 NSPIRE Software Training

HUD will provide NSPIRE Salesforce, and Federal Inspection Application (FIA, or successor system) training or successor system for Contractor staff and inspectors.

3.1.2 HUD-provided NSPIRE Training to the Public

HUD periodically offers training sessions and educational resources to the public. Training may cover NSPIRE inspection standards, protocols, and best practices for conducting inspections among other topics. Training events may be in the form of webinars, workshops, seminars, and online courses. Contractor personnel may voluntarily attend these events at no cost to the government.

3.1.3 HUD-provided NSPIRE Training

HUD will provide NSPIRE training (initial, remedial, or ad hoc) on standards and protocols to the Contractor. Inspectors who have previously completed HUD NSPIRE training are exempt from re-attending. For all others, completion of the new three-phase training (Phase 1: NSPIRE Training up to 3 days; Phase 2: NSPIRE Software Training up to one day; and Phase 3: Field Training up to two days, two inspections) is required. The Contractor is responsible for ensuring that evidence of completion is documented within each inspector’s profile in the HUD system of record. Training will be provided in person, virtual, or hybrid. There are currently no other programs approved for reciprocity with, or equivalency to, HUD’s program. The Contractor may shall be requested to schedule inspections from their list of allocations to serve as the inspections for the “in the field” practical application portion of HUD’s inspector training program for each trainee.

3.2 Facilities

The Government will provide the facilities for all NSPIRE training events as required.

3.3 Equipment

HUD will provide laptops to each Contractor employee requiring access to HUD systems, including HUD email, that cannot be accessed through other means such as a web-based portal (e.g., Office 365, NSPIRE Salesforce Contractor community portal) or web-based application (e.g., FIA).

Contractor inspectors are not required to use HUD email accounts to access FIA for inspections. HUD will provide access to HUD’s physical inspection system of record, the FIA, and other systems (HUD virtual desktop, Microsoft 365, SharePoint) for those requiring such access for the successful performance of contract requirements.

3.4 Materials

Copies of required materials may be provided to the Contractor in hard copy or soft copy. All materials will remain the property of the Government and will be returned to the COR upon request or at the end of the contract period. The government will provide a template to be used in the creation of the integrated master schedule.

3.5 NSPIRE Inspection Reviews

HUD will provide inspection results via email electronic mail until an automated business process is establishedand/or HUD’s physical inspection system of record. These results will include the status and/or disposition of submitted inspections, such as approved for payment, in-review, on hold, or rejected, along with the corresponding reasons. Comment by Neal, Keia L: I thought they looked at the disp in SF? Comment by Weese, Timothy W: We also provide a data extract via email.

3.6 Quality Assurance (QA)

The Government shall evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must 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 work under this contract with the exception of what will be provided by the Government per section 3.2 of the PWS.

4.2 Equipment

The Contractor shall furnish all equipment required to perform the work under this contract with the exception of the equipment furnished by the Government per section 3.3 of the PWS.

4.3 Materials

The Contractor shall furnish all materials required to perform the work under this contract with the exception of the materials furnished by the Government per section 3.4 of the 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. During inspections subject to a HUD Quality Assurance Field Observation (QAFO), HUD’s federal employees may interact with contract inspectors to provide guidance related to individual inspections within the limitations of the QAFO process.

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, shall remain the property of the U.S. Government. These files/results must be surrendered to the COR.

The Contractors inspectors shall follow HUD’s standards and business rules for inspectors, including maintaining professional conduct and demeanor prior to, during, and after an inspection and in all interactions with residents, inspection participants, property representatives, and any other individual with whom the inspector comes in contact. The Contractor shall maintain fully qualified personnel to accomplish activities covered under this procurement.

4.5 Responsibility for Fraudulent Activities

The Contractor must prevent fraudulent activity during inspections by both its personnel and subcontractors and will be held accountable for any such acts. The Contractor must ensure that each inspection is unique and that information is not reused from previous inspections, either in whole or in part. The Contractor must not intentionally or accidentally submit the same inspection multiple times or alter results to add or remove deficiencies or improve scores. The Contractor shall not make any edits to an inspection record once the inspection has been moved to the HUD Ready-For-Review Stage in the NSPIRE Salesforce system, unless requested by HUD.

4.6 Contractor Personnel

The Contractor shall provide a Contract/Project Manager who shall be responsible for the performance of work. An alternate shall also be designated to act in the absence of the Contract/Project Manager. These Contractor personnel (main POC and alternate POC) are considered Key Personnel by the Government and shall be listed as such in accordance with HUDAR 2452.237-70, "Key Personnel”. The Contract/Project Manager and alternate shall have full authority to act on all contact matters relating to daily operations of this contract. Accordingly, at a minimum, the POCs shall have the technical knowledge of the requirement and be in the position to actually receive assignment, guidance, and direction from the COR, PM and CO per HUDAR 2452.237-73, "Conduct of Work and Technical Guidance" and shall be allocated enough hours to the requirement to ensure successful performance. These POC’s shall each be an employee of the Contractor. An employee of a subcontractor is not acceptable for either of these positions. The Contract/Project Manager or alternate shall be available between the hours of 8:00 am to 4:30 pm Monday through Friday EST, except Federal Holidays or when the Government facility is closed for administrative reasons.

4.7 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.

4.8 Personally Identifiable Information (PII)

The Contractor shall be responsible for securing and safeguarding any Personal Identifiable Information (PII) collected during inspections under this contract. Any unauthorized dissemination (spill) of PII by the Contractor intentionally or by accident may result in legal action. The Contractor shall assume liability for the spill of PII if deemed to be at fault.

5 Specific Tasks

5.1 Program and Project Management Support Services

The Contractor shall provide project management support focused on the planning, scheduling, and execution of assigned inspections in support of HUD’s overall 18,000statutory and regulatory obligations to inspect HUD-assisted housing on a periodic basis inspection goal.

5.1.1 Program and Project Management Planning

The Contractor shall submit a PMP within 30 days of the kickoff meeting. It must include a Master Schedule (MS) (written ins MS excel) that is submitted weekly to the COR and HUD Program/Project Manager, and visible to the Government daily, tracking inspections from assignment through payment status.