Case Enforcement Support Services PWS.pdf

U.S. Department of

Housing and Urban Development (HUD)

Office of Fair Housing and Equal Opportunity

Enforcement Case Support Services

PERFORMANCE WORK STATEMENT

Monday, September 16, 2024

Version 1

Vision Statement

1 General Information

1.1 Introduction

1.2 Background

1.3 Objectives

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 Constraints

1.10 Post Award/Kickoff Conference

1.11 Status Meetings

1.12 Contractor Travel

1.14 Transition Out

2 Definitions and Acronyms

2.1 Definitions

2.2 Acronyms

2.3 Applicable Regulations/Manuals/Documents/Publications

3 Government-Furnished Property and Services

3.1 Government Services

3.2 Facilities

3.3 Equipment

3.4 Materials

3.5 Quality Assurance (QA)

4 Contractor-Furnished Items and Services

4.2 Equipment

4.3 Special Qualifications

4.4 Contractor Responsibilities

4.5 Contractor Personnel

4.7 Quality Control

4.7.1 Quality Control Plan

5 Specific Tasks

5.1 Project Management and Support

5.2 Case Support and Review

5.3 Onsite Surveys and Plan Reviews

5.4 Expert Reporting

5.5 Consultation and Advice

5.6 Documentation and Review

6 Deliverables

6.1 Quality Control Plan

6.2 Acceptance Criteria

7 Performance Requirements Summary

8 Related Documents

Performance Work Statement (PWS)

First Accessibility

Vision Statement

Strengthen the Department’s compliance and litigation actions related to Federal regulations and accessibility guidelines and standards ensuring the design and construction of housing and facilities accessible to people with disabilities.

1 General Information

1.1 Introduction

The Office of Fair Housing and Equal Opportunity (FHEO) requires Enforcement Case Support Services for compliance and litigation actions related to Federal regulations and accessibility guidelines and standards ensuring the design and construction of housing and facilities accessible to people with disabilities. The contractor will provide architectural accessibility expertise to ensure compliance with accessibility requirements and architectural standards across various cases and geographic areas as required by the U.S. Department of Housing and Urban Development (HUD).

The expertise required includes experience applying the Fair Housing Acts design and construction requirements, specified in the following: the Act, 42 U.S.C. 3604(f)(3)(C)-(f)(7);

HUD’s regulations, 24 C.F.R. 100.201, 100.201a, 100.205; HUD’s Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472-9515 (Mar. 6, 1991) and the supplement thereto, 59 Fed. Reg.

33362-33368 (June 28, 1994); HUD’s Fair Housing Act Design Manual; and the safe harbors specified at 24 C.F.R. 100.205(e)(1). In addition, or alternatively, the expertise required includes experience applying the physical accessibility requirements set forth in Section 504, 29 U.S.C.

794, and the ADA, 42 U.S.C. 12101 et seq., their implementing regulations, 24 C.F.R. Part 8; 28 C.F.R. Parts 35 and 36, and applicable architectural standards, including the Uniform Federal Accessibility Standards (UFAS), the 1991 ADA Standards, and the 2010 ADA Standards, as well as HUDs "Deeming Notice at 79 FR 29671 (May 23, 2014).

1.2 Background

FHEO currently has a backlog of matters requiring support for accessibility investigations with potential for litigation. These include litigation matters brought forth by multiple parties and existing Voluntary Compliance Agreements (VCAs) that potentially require support nationwide.

FHEO expects that the contractor will likely need to prepare expert analysis, comment, revision and reports on accessibility-related documents and other technical information for the purpose of investigation, monitoring, and implementation of these potential litigation cases and VCA matters.

1.3 Objectives

To address FHEO’s current has a backlog of matters requiring support for accessibility investigations with potential for litigation. Additionally, there are several Voluntary Compliance Agreements (VCAs), and related litigation matters brought forth by multiple other parties that potentially require support nationwide. FHEO expects that the contractor will likely need to prepare expert analysis, comment, revision and reports on accessibility-related documents and other technical information for the purpose of investigation, monitoring, and implementation of these potential litigation cases and VCA matters.

1.4 Description of Services

The contractor shall provide architectural expertise to support FHEO’s operational objectives by supporting investigations and potential litigation on matters related to the compliance of multifamily housing developments with Federal regulations and accessibility guidelines and standards ensuring the design and construction of housing and facilities accessible to people with disabilities. The work will include case support and review, onsite surveys and plan reviews, expert reporting, consultation and advice, and documentation and review. The work will be conducted across various cases and geographic areas as required.

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 is as follows:

Base Year: 09/30/2024 - 09/29/2025) Option Year 1: 09/30/2025 - 09/29/2026)

1.7 Place of Performance

The services shall be performed at the contractor's facility.

1.8 Hours of Operation

The Contractor is responsible for providing services between the hours of 8:00 a.m. to 5:30 p.m., Eastern Standard Time, Monday through Friday. The contractor is not expected to provide service outside of the hours of operation. This includes when the Government is closed. The Government reserves the right to change hours of operation or restrict contractor access.

Government employees are not available during scheduled holidays, inclement weather, weekends, and after duty hours. The Contractor shall, at all times, maintain a workforce that is sufficient to perform of all tasks defined within the contract. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.9 Constraints

The services identified in this PWS will adhere to the rules, regulations, laws, standards, and conventions identified by HUD as well as within the Federal Government. The Fair Housing Act, 42 U.S.C. 3604(f)(3)(C)-(f)(7); HUD’s regulations, 24 C.F.R. 100.201, 100.201a, 100.205;

HUD’s Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472-9515 (Mar. 6, 1991) and the supplement thereto, 59 Fed. Reg.33362-33368 (June 28, 1994); HUD’s Fair Housing Act Design Manual; and the safe harbors specified at 24 C.F.R. 100.205(e)(1). Section 504 of the Rehabilitation Act as amended (Uniform Federal Accessibility Standards) and Title II of the Americans with Disabilities Act (2010 Standards for Accessible Design). Section 504: 24 C.F.R.

Part 8; UFAS: 24 C.F.R. 24 CFR 8.32; ADA Title II 2010 Standards for Accessible Design:

Federal Notice under 24 C.F.R. Part 8 to Permit the Use of Alternate Accessible Standards (2013)

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 business days after contract award. The Contracting Officer will notify the Contractor of the specific date, location, and agenda within five business days after contract award. Post Award Conference and subsequent meetings may be held via teleconference.

1.11 Status Meetings

The Contracting Officer, Contracting Officer Representative (COR) and other Government personnel, as appropriate may meet periodically with the Contractor to also review Contractor performance, requirement status, etc. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.12 Contractor Travel

Prior to travel, to conduct site surveys, in the field training, project meetings, and litigation proceedings 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. Local travel is defined as travel within fifty (50) miles of Washington, DC. These expenses will be paid on a cost reimbursable basis on the travel CLIN.

1.14 Transition Out

To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the Contractor shall have sufficient personnel on board during the 30 days Transition- Out period. The Contractor shall provide an orderly transition of work acceptance and accomplishment.

2 Definitions and Acronyms

2.1 Definitions

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.

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 or electronically delivered but may include non-manufactured things such as meeting minutes or reports.

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.

Contracting Officer 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.

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

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

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

Project Management (PM) - An individual designated by the Contracting Officer to assist in providing technical direction and monitoring performance under the contract.

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

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.

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 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.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms

AQL - Acceptable Quality Level

CO - Contracting Officer

COR - Contracting Officer Representative

EST - Eastern Standard Time (U.S.)

FHEO - Fair Housing and Equal Opportunity

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

OCPO - Office of the Chief Procurement Officer

PM - Project Manager

POC - Point of Contact

QA - Quality Assurance

QASP - Quality Assurance Surveillance Plan

QCP - Quality Control Plan

2.3 Applicable Regulations/Manuals/Documents/Publications

The Contractor shall abide by all applicable regulations, publications, manuals, and policies and procedures in the performance of this contract.

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

No Government facilities will be provided.

3.3 Equipment

No equipment will be provided by the Government.

3.4 Materials

The Government will provide copies of standard documents needed to complete work. 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.

All government furnished property shall be returned to the government upon contract completion.

3.5 Quality Assurance (QA)

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

4 Contractor-Furnished Items and Services

The contractor may be required to provide training facilities for national presentations.

4.2 Equipment

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.

4.3 Special Qualifications

The contractor shall be a licensed architect with expertise in the accessibility requirements and architectural standards of Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and the Fair Housing Act.

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. U.S.

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

4.5 Contractor Personnel

The Contractor shall provide a Contract Manager/Project Manager who shall be responsible for the performance of work. 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 Manager/Project Manager or alternate shall have full authority to act on all contract 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 actually receive assignments, guidance and direction from the CO and COR 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 contact shall each be an employee of the Contractor. An employee of a Subcontractor is not acceptable for either of these positions. The Contract Manger/Project Manager or alternate shall be available between the hours of 8:00 am to 5:30 pm, Monday through Friday EST, except Federal Holidays or when the Government facility is closed for administrative reasons.

5 Specific Tasks

5.1 Project Management and Support

The Contractor shall provide program management support for the key development activities of the project:

The Contractor shall provide program management by assisting the government in identifying and managing the risks, issues, requirements, and solutions for enforcement cases.

The Contractor shall conduct interviews with staff to determine specific requirements for execution of tasks associated with the scope of this project.

The Contractor shall assist the staff with identifying problems and providing solutions for technical and other project related issues.

The contractor shall submit a monthly progress report, detailing the project work accomplished.

Performance Standards

a) Standard: Submit the Project Plan within 30 days after contract award.

AQL: 5 calendar days deviation from the standard

Deliverables

A001 Project Plan

5.2 Case Support and Review

Conduct expert analysis, comment, revision, and reporting on accessibility-related documents and other technical information for various cases involving enforcement actions, Voluntary Compliance Agreements (VCAs), monitoring, and related compliance or litigation matters involving accessibility compliance and design as required.

Performance Standards

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

AQL: 5 calendar days deviation from the standard

A002 Expert analysis, comment, revision, and reporting

5.3 Onsite Surveys and Plan Reviews

Conduct onsite accessibility surveys of multifamily housing developments to assess compliance with Section 504 of the Rehabilitation Act, Titles II and III of the Americans with Disabilities Act, and the Fair Housing Act’s design and construction requirements.

Review design plans, construction documents, and architectural features of structures to ensure compliance with applicable design and construction regulations and standards.

Instruct HUD staff on multi-family housing accessibility surveying methods/processes and support HUD staff in conducting onsite surveys.

Performance Standards

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

AQL: 5 calendar days deviation from the standard

A003 Documented analysis and review of assigned areas

5.4 Expert Reporting

Prepare case reports evaluating compliance with accessibility standards based on onsite surveys and plan reviews.

Review and provide feedback on reports and documentation submitted to HUD by housing authorities, developers, or other related parties.

Performance Standards

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

AQL: 5 calendar days deviation from the standard

A004 Completed reports and feedback on assigned tasks.

5.5 Consultation and Advice

Provide expert advice to HUD on architectural accessibility standards and compliance issues.

Offer consultation on documentation, forms, checklists, and protocols related to accessibility compliance.

Compare various architectural standards and codes to determine the highest level of accessibility on an element-by-element basis.

Provide remediation recommendations for design and construction violations including related accommodations as requested by the government.

Performance Standards

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

AQL: 5 calendar days deviation from the standard

A005 Expert, documented consultation and advice on assigned tasks.

5.6 Documentation and Review

Review and provide necessary edits, comments, revisions, and consultation on documentation developed by any Neutral Accessibility Consultant or other accessibility expert retained by housing authorities, property owners and managers, real estate developers, or other entities involved in the cases.

Ensure completeness and efficacy of forms and documents used to assess compliance with the Uniform Federal Accessibility Standards, the 2010 ADA Standards for Accessible Design, and the Fair Housing Act’s design and construction requirements.

Performance Standards

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

AQL: 5 calendar days deviation from the standard

A006 Expert review and editing of assigned documents, forms or other processes.

6 Deliverables

The Contractor shall complete all work and submit all deliverables as specified herein. The Government reserves the right to make changes to delivery dates.

Number Name Frequency Quantity

A001 Project Plan

Submit the Project Plan within 30 days after contract award.

once 1

A002 Case Support and Review As assigned TBD

A003 Onsite Surveys and Plan Reviews As assigned TBD

A004 Expert Reporting As assigned TBD

A005 Consultation and Advice As assigned TBD

A006 Documentation and Review As assigned TBD

6.1 Quality Control Plan

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

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

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

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

The Contractor's QCP shall be delivered to the COR within 30 days after contract award (or with the Contractor's proposal if it is an evaluation factor). The QCP shall be submitted to the COR within 10 business days when changes are made thereafter. After acceptance of the QCP, the Contractor shall receive the Contracting Officer's acceptance in writing of any proposed change to its quality control system.

6.2 Acceptance Criteria

All deliverables shall be submitted in a draft format agreed upon by the Contractor and the Government. Upon review and acceptance by the Government, the Contractor shall address all Government comments and submit a final draft within 5 business days of Government notification.

7 Performance Requirements Summary

The summary chart below lists the contract's primary requirements, the associated performance standards, the expected target performance, and the methods of surveillance. While some contract requirements may not be listed in the chart below, requirements not appearing on the PRS chart do not negate the Contractor's obligation to perform all requirements as specified in the contract. Additionally, HUD reserves all rights and remedies under the provisions and clauses of the contract when performance of any contract requirement, whether or not listed below, is unacceptable. HUD will develop a Quality Assurance Surveillance Plan to be used to provide contract oversight. In conjunction with the Contractor's Quality Control Plan and various other methods of assessing performance, the COR and SME may perform on-site reviews and/or other types of verification to determine that the specified target performance requirements have been met. Regular review of Contractor performance is critical to the overall success of the contract. On a monthly basis, the COR will evaluate the quality of the product or services.

Statements Standards/AQLs Incentive/Remedy

5.1 Project

Management and Support

a) Standard: Submit the Project Plan within 30 days after contract award.

AQL: 5 calendar days deviation from the standard

Failure to meet the required service or performance level could, pending specifics, result in a progressively larger decrease in invoiced amount for each invoice period.

5.2 Case Support and

Review

a) Standard: Submit legally accurate and complete work product within 10 days of

Failure to meet the performance level could, deadline assigned by COR or designated HUD staff.

pending specifics, result in a progressively larger decrease in invoiced amount for each invoice period.

5.3 Onsite Surveys and

Plan Reviews

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

performance level could, pending specifics, result in a progressively larger decrease in invoiced amount for each invoice period.

5.4 Expert Reporting a) Standard: Submit legally

accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

performance level could, pending specifics, result in a progressively larger decrease in invoiced amount for each invoice period.

5.5 Consultation and

Advice

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

performance level could, pending specifics, result in a progressively larger decrease in invoiced amount for each invoice period.

5.6 Documentation and

Review

a) Standard: Submit legally accurate and complete work product within 10 days of deadline assigned by COR or designated HUD staff.

performance level could, pending specifics, result in a progressively larger decrease in invoiced amount for each invoice period.

8 Related Documents

The Contractor shall abide by all applicable regulations, publications, manuals, policies, and procedures in the performance of this contract.