ATTH 1 Construction Inspection Services PWS.pdf

Performance Work Statement (PWS)

Construction Inspection Services

05/05/2021

Vision Statement

1 General Information

1.1 Introduction

1.2 Background

1.3 Constraints

1.4 Description of Services

1.5 Non-Personal Services

1.6 Period of Performance

1.7 Place of Performance

1.8 Hours of Operation

1.9 Special Qualifications

1.10 Post Award/Kickoff Conference

1.11 Status Meetings

1.12 Contractor Travel

1.13 Transition Period

1.13.1 Transition-In

1.13.2 Transition-Out

1.13.3 During the Transition-In and Transition-Out Periods

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

3.5 Projects to Be Inspected

3.6 Quality Assurance (QA)

4 Contractor-Furnished Items and Services

4.1 Contractor Responsibilities

4.2 Contractor Personnel

4.2.1 Contractor Personnel - Professional Qualifications

4.3 Identification of Contractor Employees

4.4 Quality Control

4.4.1 Quality Control Plan

4.5 Inspection Calendar/Schedule

5 Specific Tasks

5.1 Task 1: Construction Project Monitoring Tasks for New Construction and Substantial

Rehabilitation

5.2 Task 2: Section 223(f) Inspections

5.3 Task 3: Construction Administrative Tasks

5.4 Task 4: Guarantee/Warranty Inspections

6 Deliverables

6.1 Quality Control Plan

6.2 Acceptance Criteria

7 Performance Requirements Summary

8 Related Documents

Performance Work Statement (PWS)

Construction Inspection Services

Vision Statement

The purpose of the program is to conduct construction inspections and tasks related to construction inspections and assist HUD in the review of the construction/rehabilitation of the construction project. The specific objective of this contract is to support HUD's Agency Priority

Goal to utilize housing as a platform for improving quality of life by: conducting construction inspections and performing construction inspection tasks (e.g. reviewing change orders, Contractor's Requisition (HUD-92448), construction schedules, requests for permission to occupy etc.), thereby assisting HUD in the review of the construction/rehabilitation of a project, to approve the release of loan funds, provide customer service and manage construction period risk.

1 General Information

1.1 Introduction

This requirement is for conducting onsite inspections of new construction and substantial rehabilitation of multifamily housing and performing various inspection tasks for the U. S.

Department of Housing and Urban Development (HUD) Office of Multifamily Housing. These services will provide HUD with the field/site data necessary to make informed decisions regarding the construction/rehabilitation phase of HUD multifamily mortgage insurance underwriting and capital advance programs.

1.2 Background

The U.S. Department of Housing and Urban Development (HUD) provides funding for, or insures the financing for construction of new multifamily (MF) projects or the repair or rehabilitation of existing MF projects, as authorized by several sections of the Housing Act of

1959 (HA), the National Housing Act (NHA) and the National Affordable Housing Act

(NAHA), as listed below:

Section 207(M) - Manufactured Home Parks

Section 213 - Cooperatives units

Section 221(d)(3) and (4) - (MFTDP) Multifamily Rental Housing for Moderate-Income

Families

Section 202 - (CAV) Supportive housing for the elderly program

Section 811 - (IAC) Supportive housing for person with disabilities

Section 220 - Rental Housing for urban Renewal and concentrated development areas

Section 223(f) - Purchase or refinance existing Multifamily rental housing

Section 231 - Rental Housing for the Elderly

HUD is required to perform periodic property inspections of MF projects throughout the entire construction and/or rehabilitation phase. Also, HUD is required to assist other parties (owner, sponsor, builder, supervisory architect, lender, etc.) in utilizing HUD forms and procedures relative to the construction phase of MF project development.

1.3 Constraints

The services identified in this PWS will adhere to the rules, regulations, laws, standards, publications, manuals, policies, procedures, and conventions identified by HUD as well as within the Federal Government. Constraints include the following:

Contractor must maintain updated knowledge of policy, handbooks, guides, forms, CFR, to include:

Multifamily Accelerated Processing (MAP) Guide, revised March 24, 2021

Applicable forms as follows:

AIA-B108 - Owner-Architect Agreement

AIA-G710 - Architect's Supplemental Instructions (ASIs)

AIA-G711 - Architect's Field Report

HUD-2328 - Contractor's and/or Mortgagor's Cost Breakdown - Schedules of Values

HUD-92485 - Permission to Occupy Project Mortgages

HUD-11 - Record of Employee Wage Interviews

HUD-92437 - Request for Construction Changes (Change Order Form)

HUD-92448 - Builder's Requisition

HUD-02464 - Request for Approval of Advance of Escrow Funds

HUD-95379 - HUD Representative's Trip Report

HUD-92013 - Application for Multifamily Housing Project website for HUD forms: http://hud.gov/hudclips

1.4 Description of Services

The contractor shall provide Construction Inspection Services. The Contractor's work products shall provide HUD with the field/site data necessary to make informed decisions regarding the construction phase of the HUD multifamily mortgage insurance underwriting and capital advance programs.

Frequency of Construction Inspections - General inspections for new construction/substantial rehabilitation projects are generally limited to one per month for the duration of the construction period. The frequency of inspections may be more based upon a number of factors, including but not limited to: critical phase inspections; phased occupancy inspections; the size and complexity of the project; overall experience of the project development team, and/or a determination by HUD as to the assessment of construction risk. The frequency of inspections will be discussed with and determined by the COR/SCOR.

Flexibility in Scheduling of Inspections. HUD reserves the right to modify the scheduling of inspections at any time during the construction period due to limited construction progress from one scheduled inspection to the next.

1.5 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.

1.6 Period of Performance

The period of performance shall be for five years as follows: Base Year, Option Year One, Option Year

Two, Option Year Three and Option Year Four.

1.7 Place of Performance

The services to be performed under this contract must be performed in the following Regions

(select the one Region that applies):

Northeast Region:

Which includes Washington D.C and the following 13 States of New York, Pennsylvania, New Jersey, Rhode Island, Maryland, Connecticut, Massachusetts, Virginia, West Virginia, New Hampshire, Vermont, Delaware, and Maine.

Southeast Region:

Which includes the following 8 States of Georgia, Kentucky, Tennessee, North Carolina, South Carolina, Florida, Mississippi, Alabama, and the Commonwealth of Puerto Rico.

Midwest Region:

Which includes the following 6 States of Illinois, Michigan, Ohio, Indiana, Wisconsin, and Minnesota.

Southwest Region:

Which includes the following 9 States of Texas, New Mexico, Oklahoma, Louisiana, Arkansas, Missouri, Iowa, Nebraska, and Kansas.

West Region:

Which includes the following 14 States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and

Wyoming.

1.8 Hours of Operation

The Contractor is responsible for providing services between the hours of 7:00am - 6:00pm per time zone where the property is located, 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. 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 is essential.

1.9 Special Qualifications

The Contractor is responsible for ensuring the Contract Manager, Alternate Contract Manager and Inspectors are thoroughly familiar with all HUD programs and procedures as they apply to the duties of the HUD representative (also called "HUD Design Representative" or "HUD

Inspector" in the MAP Guide and that they remain abreast of all changes to applicable handbooks, publications, and forms. As the HUD representative on the project site, the

Contractor shall be responsible for assisting other parties (owner, sponsor, builder, supervisory architect, mortgage company/lender, etc.) in utilizing HUD forms and procedures relative to the construction phase of the multifamily project development.

When the Contractor has assigned an Inspector to a project, that Inspector shall continue to conduct all inspections at the property through final completion of construction phase. If it becomes necessary to substitute an Inspector assigned to a project, the Contractor shall inform the SCOR/COR at least seven (7) business days prior to the scheduled inspection that another

Inspector from the approved key personnel of inspectors is to be assigned. A substitute must have the background requirements necessary for any substitution on complex projects.

The person who performs the inspection must sign the HUD Trip Report, HUD-95379, in the block for "HUD Representative. The CIs Contract Manager, who does not perform the inspection but is responsible for the quality control, will sign as the "Construction Manager. This procedure will facilitate in providing an adequate quality assurance review of the report. Note:

The SCOR will only sign the 100% Final Trip Report as the HUD Construction Manager on the page where the HUD Official signature is required.

1.10 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.

1.11 Status Meetings

The Contracting Officer, Contracting Officer Representative, (COR), Technical Representative, (SCOR) and other Government personnel, will meet periodically with the Contractor to review

Contractor performance, requirement status, etc. The Contracting Officer will apprise the

Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be held via teleconference at no additional cost to the Government. Post award conference and subsequent meetings may also be held via teleconference.

1.12 Contractor Travel

HUD will not reimburse the Contractor for travel for construction inspections. The Contractor must provide all necessary travel in the performance of this PWS. Inspections in the Hawaiian

Islands off Oahu, inspections in Alaska and inspections off the main island of Puerto Rico will include reimbursement for travel expenses as defined elsewhere in the contract see Section B of the Contract - Schedule of Prices/Costs.

1.13 Transition Period

The Contractor recognizes that the services under this PWS are vital to the Government and must be continued without interruption. Upon contract expiration of the incumbent’s contract, a successor; another Contractor (or the Government) may continue these services. The incumbent contractor shall visit agreed upon properties with the successor contractor as directed by the

COR/SCOR. The successor Contractor shall provide a Transition-In and a Transition-Out Plan.

The Transition-In Plan shall be provided with the Contractor's Proposal. The Transition-Out Plan shall be provided 120 days after contract award. The Contractor shall, upon the CO's written notice, furnish Transition-In and/or Transition-Out services as required. The Contractor shall provide sufficient experienced personnel during the Transition period to ensure that the services called for by this PWS are maintained at the required level of proficiency. The Contractor shall participate in transition meetings with the Government as required.

1.13.1 Transition-In

The Contractor shall, upon the Contracting Officers written notice, furnish Transition-In services as required. As a successor, the Contractor shall have sufficient personnel available, at no additional cost to the Government, during the sixty (60) days (as needed to make the transition) Transition-In period to ensure a smooth transition with the incumbent Contractor. The successor Contractor shall provide an orderly transition of work acceptance and accomplishment such that any impact to a program is minimized.

During the Transition-In period, the successor Contractor shall visit preselected project sites in construction with the incumbent Contractor (see 1.7.3 below) to become familiar with the requirements in order to commence full performance of services by the end of the contract Transition-In period. Note: Transition-In is not required on any project where the successor Contractor is the incumbent Contractor.

1.13.2 Transition-Out

To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the incumbent Contractor shall have sufficient personnel available, at no additional cost to the Government, during the sixty (60) day (as needed to make the transition) Transition-Out period. The incumbent Contractor shall visit preselected project sites in construction with the successor Contractor (see 1.7.3 below) to 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.

Note: Transition-out is not required on any project where the incumbent Contractor is the successor Contractor.

1.13.3 During the Transition-In and Transition-Out Periods

The incumbent inspector shall insure a smooth transition with the successor inspector prior to the completion of the contract. The incumbent inspector and successor inspector shall together visit preselected projects under construction as listed on the task orders for inspections, in order to introduce the successor inspector to the Owner, Architect and

Contractor; become familiar with the stage of construction, progress of the work and construction schedule of the project; review any issues with the Builders organization, operations and supervision, or the Architects supervision or services; discuss any delays, disputes, claims or non-compliances and any adjustments to payment requests; identify the location of the posted Wage Decision and posters; and confirm meeting dates, including time and location. The incumbent shall aid the successor in the development of plans, procedures, and methods for the assumption of all on-going work and shall provide the HUD Inspectors plans, spec and files to the successor in a timely manner as part of this transition.

2 Definitions and Acronyms

2.1 Definitions

AIA - American Institute of Architects, 1735 New York Ave., NW, Washington, DC.

Application - Exhibits that are submitted by a sponsor or the mortgagee of record to a HUD

Office to request issuance of a processing letter (Early Commencement, Early Start, or Firm

Commitment).

Architect or Supervisory Architect - The architect providing services to the sponsor/owner under the terms of the AIA-B108, Owner-Architect Agreement.

Builder - The General Contractor hired by the sponsor/owner to construct the project under the terms of the construction contract and in accordance with contract documents. The term

"builder" is used in this PWS to avoid confusion when the Contractor's role is discussed.

Builders Initial Start Letter - This letter, written on the Builders letterhead, provides the date of the initial construction start, it is used for recording and reporting purposes, and is the "start of construction" as used in connection with labor standards and prevailing wage requirements. Start of Construction is defined as the beginning of initial site clearance and preparation, provided these activities are pursued diligently and are followed, without appreciable delay, by other construction activities. This can be a separate letter or combined with the Builders Permanent

Start Letter. Reference the MAP Guide. Note that the HUD Closing is the Notice-To-Proceed

(NTP).

Builders Permanent Start Letter - This letter, written on the Builders letterhead, provides the date recorded as the start of permanent construction, it is used for the purpose of determining the earning of the inspection fee, and will correspond to the first day that permanent on-site building elements were put into place, such as footings and/or foundations, pilings, utility lines, etc. This can be a separate letter or combined with the Builders Initial Start Letter. Reference the MAP

Guide. Note that the HUD Closing is the Notice-To-Proceed (NTP).

Business/Workdays - Every official workday 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.

Certificate of Occupancy - a certificate allowing occupancy issued by a local Government building department for a structure or structures for which a building permit has been issued.

Construction Contract - the construction contract applicable to the particular project for which

HUD is providing mortgage insurance and which HUD requires (typically a contract between the builder and project owner or sponsor).

Construction Contract Administration - the supervisory architect's administration of the contract between the builder and project sponsor/owner in the construction of any OHP project. HUD construction inspection tasks, to be performed by the Contractor as HUD's Representative, are defined in this contract.

Construction Inspection Services - monitoring the construction and performing construction inspection tasks and related functions for the purpose of protecting the Department's interest.

Construction Manager - (HUD CM) the HUD employee in the Office of Multifamily Housing

(MFH) Programs who is responsible for the proper performance of all functions relating to MFH construction administration and inspections in order to manager HUDs construction risk. The

Construction Manager keeps informed of the general progress of the work on all projects during the construction stage and is familiar with any problems involved. The HUD CM is typically also a designated SCOR.

Construction Period - stated period of time during which a property is undergoing construction or substantial rehabilitation. This period typically extends from the issuance of a Notice to Proceed from the owner to the issuance of a certification of completion.

Contract Administration - the monitoring of the performance of the Contractor by the COR, SCOR and Contracting Officer relative to the tasks performed under this contract.

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 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.

Contract Officer Representative (COR) - The Contract Officer Representative (COR) in

Multifamily Housing Operations, assists the OCPO Contracting Officer (CO). The CO designates the COR and delegates to them specific contract oversight duties and responsibilities through the standard Delegation of Authority Memoranda. This memorandum authorizes the

COR to act on behalf of the program office head and CO in activities involving those technical aspects of the proposed contract that are the responsibility of the program office.

Contractor - An independent third party contracted out for the monitoring of the construction and renovation of multifamily housing projects that are insured by the Department of Housing and

Urban Development. Days Calendar days, unless otherwise specified as business days.

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

Deliverable - Items that are required under the Contract and provided either physically or electronically by the Contractor to HUD.

Federal Acquisition Regulation - is the principal set of rules in the Federal Acquisition

Regulation System governing the acquisition process by which the government purchases

(acquires) goods and services.

FHAG - Fair Housing Accessibility Guidelines. Technical guidance on how to comply with the specific accessibility requirements of the Fair Housing Amendments Act of 1988.

Final Closing - the final completion of all HUD project development forms, procedures, terms, and conditions per HUD legal and programmatic requirements. This occurs after completion of project construction and cost certification.

Final Completion of the Work (Individual Project Completion) - the time when all work under the construction contract is 100 percent complete, except work items beyond the builder's control which are accepted as delayed items of completion. It is formalized as of the date the Contract

Inspector signs the final Trip Report, HUD-95379, provided that the trip report is subsequently accepted by the COR/SCOR.

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.

HUD - The U.S. Department of Housing and Urban Development. The terms "Department of

Housing and Urban Development," "Department," "HUD," and "Government" shall be synonymous and may be used interchangeably in this contract.

HUD Capital Advance Program - A program whereby HUD provides direct funding for construction, acquisition, or rehabilitation of a housing project for elderly or disabled persons.

HUD Inspection Procedures - The MAP Guide. Required reporting via the HUD-95379, HUD

Representative Trip Report, is to be completed for each inspection per MAP Forms Catalog, or per instructions included on the form.

HUD-Insured Program - A program where HUD provides mortgage insurance to the mortgagee for construction, acquisition (with or without repairs), or rehabilitation of a housing project.

HUDAR - prescribes the Department's procurement policies and procedures under the FAR

System.

Initial Endorsement/Closing - The initial endorsement of a HUD project for loan insurance or the completion of all documents necessary for a capital advance, which normally occurs prior to the commencement of construction. The legal documents, loan forms, capital advance documents, construction contract, and other required instruments are signed at this meeting.

Inherently Governmental Functions - Activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the

Government.

Item(s) of Delayed Completion construction-related work items beyond the builder's control to complete at final completion of the work as determined by the COR/SCOR.

Latent Defect(s) - defective or non-conforming work item(s) not observed during construction and identified by the owner's architect and the Contractor at either the 9-month or 12-month warranty inspection.

Off Site Construction - defined as improvements to property immediately adjacent to the property that is secured by the insured loan and integral to the completion of the proposed project; (e.g., utilities, paving/access roads etc.)

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 (and optionally, any maximum payment for meeting the acceptable quality level (AQL) and any deduction from payment for not meeting the AQL).

Performance Standard - The Contractor's performance level required by the Government. This is also known as the acceptable quality level (AQL).

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

Pre-Closing Conference - The meeting HUD will conduct, if necessary, with the lender, owner/sponsor, builder, CI, accountants, and others to assist in reaching the project's final closing in a timely manner.

Pre-Construction Conference (PCC) - The meeting attended by the CI; builder; builder's subcontractors (if possible); supervisory architect; owner/sponsor; consultants (if any); mortgage company (if applicable); and HUD Housing Development staff to discuss the construction contract documents and applicable HUD requirements. Required for every project and should precede the initial start of construction (if possible).

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

Project Capital Needs Assessment (PCNA) - Document containing estimates of critical and noncritical repair costs and the initial and monthly deposits to the replacement reserve.

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

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.

Sponsor/Owner/Mortgagor - The individual or entity planning the project whose name appears on the Construction Contract and other applicable project documents.

Start(s) of Construction - "Initial Start of Construction" is defined as the beginning date of the initial site preparation. This date is used in connection with the Labor Standards and prevailing wage requirements when the construction contract work commences with initial site clearance or other preliminary site work for proposed construction projects. The "Start of Permanent

Construction" is defined as the first day that permanent on-site building elements were put in place (footings, foundations, pilings, utility lines, etc., but not excavation, forms or trenching, including demolition of portions of the existing building for substantial rehabilitation projects).

Builder documents "initial" and "permanent" construction start dates via appropriate correspondence to the CI.

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.

Subject Matter Expert (SME) - The Subject Matter Experts (SME) in Multifamily Housing

Production supports the Contract Officers Representative (COR) in technical and programmatic matters (not contract matters) associated with the administration of the inspection contract to help assure that the inspection services meet the MFH Program needs and are provided accurately and in accordance with the government contract. The Subject Matter Experts (SME) is also referred to as the SCOR.

Subordinate Contracting Officers Representative (SCOR) - An employee of the U.S.

Government appointed by the Contracting Officer to assist in providing technical direction and monitoring performance under the contract. This individual is also the Subject Matter Expert

(SME) in the Multifamily Housing Program area.

Temporary Certificate of Occupancy - A certificate issued by a local Government building department for a structure or structures for which a building permit has been issued (allows early occupancy and prior to issuance of Certificate of Occupancy).

UFAS - Uniform Federal Accessibility Standards. Presents uniform standards for the design, construction, and alteration of buildings so that persons with disabilities will have ready access to and use of them in accordance with the Architectural Barriers Act, 42 U.S.C. 4151-4157.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms

ADA - American with Disabilities Act

AIA - American Institute of Architects

AQL - Acceptable Quality Level

ASI - Architect's Supplemental Instructions

CDR - Contract Deliverable Requirement

CFR - Code of Federal Regulations

CI - Construction Inspector

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

CLIN - Contract Line Item Number

CO - Contracting Officer

COR - Contract Officer Representative

CPARS - Contractor Performance Assessment Reports System

CPO - Office of the Chief Procurement Officer of HUD

CR - Change Request

EAC - Estimate at Completion

EST - Eastern Standard Time (U.S.)

ETC - Estimate to Completion

FHAG - Fair Housing Accessibility Guidelines

GAO - U.S. General Accounting Office

GFP - Government Furnished Property

HARTS - HUD Automated Release Tracking System

HTC - HUD Test Center

HUD CM - HUD Construction Manager known as the SCOR

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

HUDAR - HUD Acquisition Regulation

HUD/ISG - Internet Services Group within the Telecom Processing Division

HUD Web - HUD's Intranet Web Site and related WEB pages.

IG or OIG - Inspector General (Office of)

ISP - Information Strategy Plan

IT - Information Technology

IV&V - Independent Validation and Verification

LAN - Local Area Network

LN - Line Number

LOE - Level of Effort

MAP - Multifamily Accelerated Processing Guide

MF - Multifamily

MFTDP - Multifamily Technical Discipline Professional

NLT - Not Later Than, or No Later Than

OCPO - Office of the Chief Procurement Officer

OHP - Overhead and Profit

OIG - Office of Inspector General

OMB - Office of Management and Budget

PCC - Pre-Construction Conference

PCNA - Project Capital Needs Assessment

PD - Project Description

PL - Public Law

PM - Project Manager

PO - Point of Contact

PPM -Project Planning and Management

PR - Problem Report(s)

PRS - Performance Requirement Summary

PTO - Permission to Occupy

PWS- Performance Work Statement

QA - Quality Assurance

QASP - Quality Assurance Surveillance Plan

QC - Quality Control

QCP - Quality Control Plan

SCOR - Subordinate Contracting Officers Representative

SF - Standard Form

SME - Subject Matter Experts (also known as SCOR)

UFAS - Uniform Federal Accessibility Standards

USC - United States Code

WSR - Weekly Status Report

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 shown below.

3.1 Government Services

No Government services will be provided.

3.2 Facilities

Workspace at the construction site for HUD personnel and the Contractor (as HUD's representative), will be provided by the Builder. The Contractor has the right of entry and free access to assigned construction sites and to inspect all work and materials, equipment and fixtures furnished, installed, or stored in and about the project at all normal working times during construction. The Contractor shall immediately notify the COR/SCOR if it is denied such right of entry and free access. The Contractor shall not attempt to resolve any dispute regarding entry and free access unless specifically instructed do so by the COR/SCOR.

3.3 Equipment

No Government equipment will be provided.

3.4 Materials

After the Contractor has been assigned a project, the COR/SCOR (sometimes with assistance from the Lender) will provide to the Contractor copies of construction related documents which the Contractor needs to perform construction inspection tasks for the assigned HUD projects.

Construction related documents forwarded to the Contractor are as follows for New Construction or Substantial Rehabilitation:

• "HUD Inspection Set" of the HUD-approved plans and specifications

• Construction contract between the builder and the owner/sponsor

• Supervisory Architect's Contract, AIA Document B108 with HUD Amendment

• Drawings, specifications, and contract pertaining to offsite improvements

• Escrow Agreement for Offsite Facilities

• Builder's Construction Schedule

• Escrow Agreement (if any other)

• Project Capital Needs Assessment (PCNA)

• Additional pertinent documents

Section 223(f) Level 2 & 3 Related Documents. The COR/SCOR (sometimes with assistance from the Lender) shall provide the following documents to the Contractor as reference documents in performing the inspections of critical or non-critical required repairs:

• Firm Commitment, or Escrow Agreement (for Repair Escrow, Completion Assurance

Escrow, and Relocation Escrow if applicable).

• List of required repairs (including the Project Capital Needs Assessment (PCNA))

• Specifications and drawings (if Architect involved and required by HUD)

• Schedules of Values

• Progress Schedule

• Schedule of Delayed or Interrupted Occupancy or Income

• Relocation Plan and Schedule (to be coordinated with Builders Construction Schedule)

• Contact Sheet

• Owner-Architect Agreement (when Architect required)

• Construction Contract (when General Contractor required)

• Builders Construction Schedule (to be coordinated with the Relocation Schedule)

• Relocation Consultant and Liaison Contracts (as applicable)

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/SCOR upon request or at the end of the contract period.

3.5 Projects to Be Inspected

Each task order will have a work order issued and updated as needed by the COR, which will indicate the properties and number of inspections authorized. For each project requiring inspections, the COR/SCOR will provide further direction to the Contractor by email either through a PD or a Loan Narrative information sheet that indicates details such as the project name, type, size, location, type of construction, lender and development team contact information, and the estimated construction duration.

3.6 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 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 Contractor Responsibilities

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

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 must be surrendered to the COR/SCOR.

4.2 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 point of contact and alternate point of contact) 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 points of contact shall have the technical knowledge of the requirement and be in the position to receive assignment, guidance, and direction from the

COR/SCOR, 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 points of points of contact 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 7:00am to 6:00pm, per time zone where the property is located, Monday through Friday, except Federal Holidays or when the

Government facility is closed for administrative reasons.

4.2.1 Contractor Personnel - Professional Qualifications

The contractor must have:

1) at least 51% of the personnel effort in supporting the technical work (i.e., actual direct performance of inspections, indirect management, and quality assurance of work) performed by active and currently registered or licensed members of an architect or engineer profession, and

2) at least 51% of the personnel effort in supporting the technical work will be performed by the primary contractor.

This contract requires two key personnel labor categories: Contract Manager (both primary and alternate) and Construction Inspectors. For each proposed key personnel, firms must submit copies of licenses, registration, and certifications prior to performance under this contract. All proposed Key Personnel must meet at least one of the following professional learned knowledge qualifications:

A. Bachelor of science degree in architect, construction management, or engineering related field, and

i. State registered or licensed architect or engineer; or

ii. National Council of Architectural Registration Boards (NCARB), National

Council of Examiners for Engineering and Surveying (NCEES) or International

Code Council (ICC) licensed; or

iii. One or more related Contractor licenses or certifications.

B. Bachelor in another field than architect or engineering, and

i. State registered or licensed architect or engineer; or

ii. NCARB, NCEES or ICC licensed; or

iii. Two or more related Contractor licenses or certifications; or

iv. An additional year of construction work experience in all three phases to the

"Construction Inspector Standard Minimum experience cited below under specialized experience; or

v. Experience with one more Multifamily Housing (MFH) project to the to the

"Construction Inspector Standard Minimum experience (MFH projects have more than five residential units).

C. Associates in Science in construction, architect, or engineering related field, plus one additional year construction work experience in all three phases and one more MFH projects to the "Construction Inspector Standard Minimum experience, and one of the following:

i. State registered or licensed architect or engineer; or

ii. NCARB, NCEES or ICC licensed; or

iii. Three or more related Contractor licenses or certifications; or

iv. Two more years of construction work experience in all three phases to the

"Construction Inspector Standard Minimum experience; or

v. Experience with two more MFH projects to the "Construction Inspector Standard

Minimum experience.

D. Add three more years of work experience in all three phases and three more MFH projects to the "Construction Inspector Standard Minimum experience, and one of the following:

i. State registered or licensed architect or engineer; or

ii. NCARB, NCEES or ICC licensed; or

iii. Three or more related Contractor licenses or certifications; or

iv. Two more additional years of work experience in all three phases to the

"Construction Inspector Standard Minimum experience; or

v. Two more MFH projects to the "Construction Inspector Standard Minimum experience”.

All proposed Key Personnel must have specialized experience in addition to learned knowledge qualification requirements. The minimum specialized experience standards for each Key

Personnel are:

a. Construction Inspector Standard Minimum experience: within the past eight years-

1. Three years performing inspections for each phase: pre-pour inspections; framing inspections for each: plumbing, electrical; and HVAC systems; and final inspections; and performed inspections for each phase on at least two MFH projects. (MFH projects have more than five residential units); or

2. Five years of experience in a combination of multifamily, single family, and commercial construction inspections (for each phase), with a minimum of one of those five years being multifamily. Performed inspections on at least two phases, for at least one MFH project.

b. Contract Manager qualifications-

1. Meet Construction Inspector Standard minimum experience, except must be performed within past fifteen years instead of past eight years; and

2. Meet at least one of the following Contract Manager specific experience criteria:

i. Within the past six-years, had at least three-years experience in managing and overseeing MFH construction inspection projects; or

ii. Within the past six-years, managed and overseen at least three MFH construction inspection projects.

The firm itself and key personnel must have knowledge of: 1) construction and architectural administration, agreements, and contracts, 2) National building codes and standards, current standard construction methods and procedures, 3) HUD regulations and the MAP Guide, sufficient to identify compliance by the owner, builder and the supervisory architect, and 4)

Federal Accessibility Standards such as; Fair Housing Act, Fair Housing Accessibility

Guidelines, Americans with Disability Act Title III & 504 (UFAS or Deeming Notice for use of

ADA until UFAS is updated). The contractor shall consider the complexity of each project and an inspector background when assigning projects.

The contractor must submit resumes and copies of licenses, registrations, and certifications to support personnel qualifications for award and when proposing changes. The contractor shall provide sufficient time for government review and approval of key personnel changes in order to prevent endangering performance of any inspection project.

4.3 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.

4.4 Quality Control

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.

4.4.1 Quality Control Plan

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

The QCP shall be included in the proposal and 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.

4.5 Inspection Calendar/Schedule

At the first of each month, the Contractor shall email the COR/SCOR a monthly calendar showing the dates when inspections are scheduled for each project. The tracking of the number of inspections used versus the number authorized per the Inspection Contract Task Order should be included in accordance with the HUD Trip Report Instructions. Include in this monthly inspection schedule the proposed critical phase inspections as well for COR/SCOR review and approval.

5 Specific Tasks

The Contractor shall furnish all facilities, equipment and supplies required to perform the work under this contract. The contractor shall provide construction contractor inspection services to provide HUD with the field/site data necessary to make informed decisions regarding the construction phase of the HUD FHA multifamily housing projects. Inspections required under the Section 223(f) mortgage insurance underwriting program are addressed in Section 5.2.

5.1 Task 1: Construction Project Monitoring Tasks for New Construction and

Substantial Rehabilitation

Performance Standards

a) 95% of HUD-95379 with photos and required documents received within seven (7) business days of inspection

AQL: 5% deviation

Deliverables

A003 HUD-95379, HUD Representative's Trip Report

5.1.1 The Contractor shall initiate an "Initial Briefing" call or meeting with the

COR/SCOR if needed by the Contractor within ten (10) business days of receipt of the email transmitting the materials related to the assignment of projects (under construction, under warranty, or new/rehabilitation projects or repairs).

The Contractor shall attend, and when directed by the SCOR, conduct the HUD Pre-

Construction Conference, and afterwards submit summary meeting notes and list of attendees on a HUD Representative's Trip Report, HUD-95379, (photos not required) to the SCOR within seven (7) business days of the conference.

The Contractor shall conduct an initial review of the contract document-plans and specifications, etc., prior to field inspections as part of the Pre-construction conference

Trip Report.

5.1.2 Inspections. The Contractor shall visit the job site and inspect the project once per month to report on construction progress…