DU205NC-12-Q-0043 1 .rtf
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- DDU205NC-12-Q-0043
About this file
Field Review of Appraisal Services for the State of Texas (specific counties) located in Dallas/FT San Antonio and Houston in support of the HUD Denver Homeownership Center (DHOC).n.
Text of this file
SECTION I
DESCRIPTION OF SERVICES
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotations are being requested and a written solicitation will not be issued.
The contractor must provide on-site interior and exterior Field Review of Appraisals for the State of Texas, counties of Dallas/Ft. Worth, San Antonio and Houston. (See attached Statement of Work (SOW), Section III C.1.2. entitled Geographic Area of Consideration, for a description of the designated counties for each area).
2452.216-76 MINIMUM AND MAXIMUM QUANTITIES AND AMOUNTS FOR ORDERS (FEB 2006)
The minimum quantity and/or amount to be ordered under this contract shall not be less than the minimum quantity and/or amount shown in the following table. The maximum quantity and/or amount to be ordered under this contract shall not exceed the maximum quantity and/or amount shown in the table.
Base Period
Geographic Area Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount Dallas/Ft. Worth N/A
$5,000 N/A
$30,000 Houston N/A
N/A
San Antonio N/A
Option Year One (1)
Geographic Area Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount Dallas/Ft. Worth N/A
$5,000 N/A
$30,000 Houston N/A
N/A
San Antonio
Option Year Two (2)
Area Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount Dallas/Ft. Worth N/A
$5,000 N/A
$30,000 Houston N/A
N/A
San Antonio
Option Year Three (3)
Area Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount Dallas/Ft. Worth N/A
$5,000 N/A
$30,000 Houston N/A
N/A
San Antonio
Option Year Four (4)
Area Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount Dallas/Ft. Worth N/A
$5,000 N/A
$30,000 Houston N/A
N/A
San Antonio
SECTION II SUPPLIES OR SERVICES/PRICES
COST/PRICE SCHEDULE
The contractor must use qualified personnel to perform the services described in the Statement of Work, and according to all other terms and conditions of this requirement.
The contractor must propose costs for performing the services according to the attached Statement of Work.
BASE YEAR
Contract Line Item Number (CLIN) and Item/Service Geographic Area(s) Description of Services Estimated # of Cases Unit Price per review Total Estimated Price
CLIN 0001
Dallas/Ft. Worth
Field Review of Appraisal Services (FRA)
CLIN 0002
San Antonio
CLIN 0003
Houston
OPTION YEAR ONE (1)
Contract Line Item Number (CLIN) and Item/Service Geographic Area(s) Description of Services Estimated # of Cases Unit Price per review Total Estimated Price
CLIN 0001
Dallas/Ft. Worth
Field Review of Appraisal Services (FRA)
CLIN 0003
Houston
OPTION YEAR TWO (2)
Contract Line Item Number (CLIN) and Item/Service Geographic Area(s) Description of Services Estimated # of Cases Unit Price per review Total Estimated Price
CLIN 0001
Dallas/Ft. Worth
Field Review of Appraisal Services (FRA)
CLIN 0003
Houston
OPTION YEAR THREE (3)
Contract Line Item Number (CLIN) and Item/Service Geographic Area(s) Description of Services Estimated # of Cases Unit Price per review Total Estimated Price
CLIN 0001
Dallas/Ft. Worth
Field Review of Appraisal Services (FRA)
CLIN 0003
Houston
OPTION YEAR FOUR (4)
Contract Line Item Number (CLIN) and Item/Service Geographic Area(s) Description of Services Estimated # of Cases Unit Price per review Total Estimated Price
CLIN 0001
Dallas/Ft. Worth
Field Review of Appraisal Services (FRA)
CLIN 0003
Houston
GOVERNMENT’S REQUIRED DELIVERY SCHEDULE
Delivery date for each assigned review is not later than 20 calendar days after government assignment. The Government Technical Representative will have seven calendar days for reviewing.
SECTION II – CONTRACT CLAUSES
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite,hill.af.mil/VFFARa.htm http://www.hug.gov/offices/cpo/hudar.cfm
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS (FEB 2012)
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (FEB 2012)
52.212-4 ADDENDUM TO FAR 52.212-4(g), INVOICE (JUN 2010)
INVOICE SUBMISSION
Submit an original and three copies to:
GTR: Dora DeVan Address of HOC: 1670 Broadway Street U.S. Dept of HUD: Denver, Colorado 802020-4801
Submit one copy to:
US Department of Housing and Urban Development Chicago Contracting Operations Branch Attention: Mona Collins, Contract Specialist 77 W. Jackson Blvd, Room 2517 Chicago, IL 60604-3507 Payment will be made by direct deposit to contractor’s account by:
U.S. Department of Housing and Urban Development
CMIS, P.O. 44815
Washington DC 20026
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (JUL 2012)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Contracting Officer check as appropriate.
[X ](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
[ ](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[ ](3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ](4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010) (Pub. L. 111-5).
[ ](6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).
[ ](7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313).
[ ](8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161)
[ ](9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[ ](10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ](11) (Reserved)
[X ](12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[ ](ii) Alternate I (NOV 2011).
[ ](iii) Alternate II (NOV 2011).
[ ](13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
[ ](ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[X ](14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).
[ ](15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4).
[ ](ii) Alternate I (OCT 2001) of 52.219-9.
[ ](iii) Alternate II (OCT 2001) of 52.219-9.
[ ](iv) Alternate III (JUL 2010) of 52.219-9.
[ ](16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[ ](17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
[ ](18) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[ ](19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)
[ ](ii) Alternate I (JUN 2003) of 52.219-23.
[ ](20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[ ](21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[ ](22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[X](23) 52.219-28, Post Award Small Business Program Re-representation (APR 2012) (15 U.S.C. 632(a)(2)).
[ ](24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).
[ ](25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).
[X ](26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ](27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).
[X](28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[X](29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
[X](30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[X](31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
[X](32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[ ](33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[ ](34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ](35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ](ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ](36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[ ](37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
[ ](ii) Alternate I (DEC 2007) of 52.223-16.
[ ](38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011). (E.O. 13513).
[ ](39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[ ](40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (MAR 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).
[ ](ii) Alternate I (MAR 2012) of 52.225-3.
[ ](iii) Alternate II (MAR 2012) of 52.225-3.
[ ](iv) Alternate III (MAR 2012) of 52.225-3.
[ ](41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ](42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ](43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ](44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[ ](45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[ ](46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[X](47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).
[ ](48) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).
[ ](49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
[ ](50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ](51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
[ ](ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
[ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
[ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
[X](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).
[ ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1) (41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns), exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) (Reserved)
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
SECTION III – STATEMENT OF WORK
SECTION IV – ADDENDUM
ADDENDUM TO FAR 52.212-4 COMMERCIAL TERMS AND CONDITIONS-TERMS AND CONDITIONS –COMMERCIAL ITEMS (MAR 2009)
FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:
http://farsite.hill.af.mil/VFFARa.htm http://www.hud.gov/offices/cpo/hudar.cfm
NOTICE: The following solicitation provisions and/or contract clauses pertinent to this addendum are hereby incorporated by reference:
2. FAR 52.202-1 Definitions (JAN 2012)
3. FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)
4. FAR 52.216-18 Ordering (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Effective date of Contract through Five Years thereafter if government exercises all Option Periods.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
5. FAR 52.216-19 Order Limitations (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 0, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of 25;
(2) Any order for a combination of items in excess of 50; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
6. FAR 52.216-21 Requirements (OCT 1995)
(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 120 days after placement of final order.
7. FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
8. HUDAR 2452.203-70 Prohibition Against the use of Federal Employees (FEB 2006) In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to government employees or a business concern or other organization owned or substantially owned or controlled by one or more government employees. For the purposes of this contract, this prohibition against the use of government employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants.
9. HUDAR 2452.211-70 Effective Date and Contract Period (FEB 2006)
(a) This contract shall be effective on___ [Contracting Officer insert date at award].
(b) The contractor shall complete all work including all deliveries by___ [Contracting Officer insert date at award].
(c) Delivery dates for specific services and deliverables shall be as set forth in the Schedule.
(End of clause) Alternate I (FEB 2006). As prescribed in 2411.404(b), add the following paragraph (d):
(d) In accordance with the clause at 52.217–9, “Option to Extend the Term of the Contract,” the contract may be extended for the following periods:
10. HUDAR 2452.208-71 Reproduction of Reports (APR 1984)
In accordance with Title I of the Government Printing and Binding Regulations, printing of reports, data or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is determined by multiplying pages, times copies. A production unit is one sheet, size 8 ½ by 11 inches or less, printed on one side only and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters and plates which are to be used on single unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducible (camera ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data or other written materials.
11. HUDAR 2452.216-77 Estimated Quantities-Requirement Contracts (FEB 2006) In accordance with FAR 52.216 21(a), the government provides the following estimates:
The estimated quantity or amount of supplies or services the government may order during the ordering period of this contract is $5,000.
The maximum quantity or amount of supplies or services the government may order during the ordering period of this contract is $150,000.
12. HUDAR 2452.216-78 Ordering Procedures (FEB 2006)
(a) Orders issued under this contract may be placed in writing or via [telephone, facsimile (fax) machine, electronic mail (email)].
13. 2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)
(FEB 2008) (DEVIATION)
(a) Payment Schedule. Payment of the contract price (see Section B of the contract) will be made upon completion and acceptance of all work unless a partial payment schedule is included below [Contracting Officer insert schedule information]:
Partial Payment Number Applicable Contract Deliverable Delivery Date Payment Amount
1. [ ]
2. [ ]
3. [ ]
(CONTINUE AS NECESSARY)
(b) Submission of Invoices
Invoices shall be submitted as follows: original to the payment office identified on the award document (e.g., in Block 12 on the SF 26 or Block 25 on the SF 33, or elsewhere in the contract) with a copy to the Government Technical Representative (GTR) and a copy to the Contracting Officer. The final invoice shall not be paid prior to certification by the Contracting Officer that all work has been completed and accepted. To constitute a proper invoice, the invoice must include all items required by FAR clause 52.232 25, Prompt Payment.
To assist the government in making timely payments, the contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., in Block 14 on the SF 26 or Block 21 on the SF 33). The contractor is also requested to clearly indicate on the mailing envelope that an invoice is enclosed
(c) Contractor Remittance Information. The contractor shall provide the payment office with all information required by other payment clauses or other supplemental information (e.g., contracts for commercial services) contained in this contract.
14. HUDAR 2452.237-70 Key Personnel (FEB 2006)
(a) Definition. "Personnel" means employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities.
(b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Key personnel shall perform as follows: [List Key Personnel and/or positions, and tasks, percentage of effort, number of hours, etc., for which they are responsible, as applicable.]
15. HUDAR 2452.237-73 Conduct of Work and Technical Guidance (FEB 2006)
(a) The Government Technical Representative (GTR) for liaison with the contractor as to the conduct of work is [Dora DeVan] or a successor designated by the Contracting Officer. The Contracting Officer will notify the contractor in writing of any change to the current GTR's status or the designation of a successor GTR.
(b) The GTR will provide guidance to the contractor on the technical performance of the contract. Such guidance shall not be of a nature which:
(1) Causes the contractor to perform work outside the statement of work or specifications of the contract;
(2) Constitutes a change as defined in FAR 52.243 1;
(3) Causes an increase or decrease in the cost of the contract;
(4) Alters the period of performance or delivery dates; or
(5) Changes any of the other express terms or conditions of the contract.
(c) The GTR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five calendar days after oral issuance. The GTR may issue such guidance via telephone, facsimile (fax), or electronic mail.
(d) Certain of the GTR's duties and responsibilities may be delegated to one or more Government Technical Monitors (GTMs) (see HUDAR subpart 2402.1). The Contracting Officer will notify the contractor in writing of the appointment of any GTMs.
(e) Other specific limitations Not Applicable:
(f) The contractor shall promptly notify the Contracting Officer whenever the contractor believes that guidance provided by any government personnel, whether or not specifically provided pursuant to this clause, is of a nature described in paragraph (b) above.
| 16. | HUDAR 2452.246-70 Inspection and Acceptance (FEB 2006) |
| Inspection and acceptance of all work required under this contract shall be performed by the Government Technical Representative (GTR) or other individual as designated by the Contracting Officer or GTR. | |
| 17. | Statement of Work (SOW) Specifications |
The contractor must furnish the necessary personnel, material, equipment, and services (except as otherwise specified) to perform according to the Statement of Work titled Field Review of Appraisals for State of Texas (specific counties located in Dallas/Ft. Worth/San Antoino and Houston, attached hereto and made a part hereof.
18. GUIDELINES FOR DELIVERY OF ELECTRONIC FILES
Office of Policy Development and Research U.S. Department of Housing and Urban Development
These guidelines are to ensure that electronic media are readable by the users. The intended recipient must approve any exceptions in advance. Additional specifications or exceptions may be required in individual projects and will be included in the statement of work for the project. These guidelines apply to both data files from data gathering, analysis or presentations projects (which may use statistical, database, or geographic information applications) as well as smaller, written projects (which may use word processing, page layout, spreadsheet, internet based, or presentation applications).
Potential users will include agency staff, trade or interest groups, other organizations, and the public (if data are not confidential).
HUD STANDARD SOFTWARE AND HARDWARE
All machine readable files must be supplied to HUD in formats compatible with HUD standard systems unless specified otherwise in the statement of work. The specific format for individual.
deliverables may be established in agreement with the FAC-COTR, but the contractor must be capable of producing files compatible with HUD standards listed below by category.
OFFICE AUTOMATION SOFTWARE: Microsoft Office 2007 including: Word, Excel, Access, Infopath, Publisher, and Powerpoint.
WEB POSTING FILE FORMATS: Hypertext Markup Language (HTML), Extensible Markup Language (XML), Adobe Acrobat.
DATA PROCESSING SOFTWARE: SAS, SPSS
GEOGRAPHIC INFORMATION SYSTEM SOFTWARE: Arc GIS
DATA STORAGE MEDIA: CD-ROM (ISSO 9660), DVD-ROM (ISSO 9660), 9-track mainframe tape, or 3480-type mainframe cartridge
VIDEO: DVD-Video standard MPEG-2; Flash video for Web.
FILE COMPRESSION SOFTARE: WinZip
CAMERA-READY PRINT PREPARATION SOFTWARE: Adobe InDesign CS4.
REQUIREMENTS FOR DATA FILES
Three items must be delivered in electronic format: Data, Documentation, and Computer code for reading, labeling, and formatting the data. The documentation must also be provided on paper (two copies).
For files intended for use on PCs, self-extracting compressed format is optional. If a file is delimited by commas and quotes, no field may be entirely blank, so, ”, or 0, are acceptable (some spreadsheets and other software skip blank fields in comma-delimited files). The internet (via e-mail or any other method) may not be used for transmission of final versions, nor for private data, since it may introduce unnoticed errors, and is not wholly private.
c. For Mainframe (9-track): ASCII or EBCDIC files. No compression is allowed. Each record type must be fixed format. Blocks must be less than 32,768 characters per block so a variety of systems can read the data. No multi-reel files are allowed unless they are ASCII labeled.
d. Illustrations and other figures shall be submitted both in the original program format for the originating software and in universal formats usable by HUD standard software and equipment.
e. Media must be affixed with an external sticker listing: Title of data, Contact person(s), Date of preparation, Software Format (if mainframe, show characters per record and per block). For example: Shelter Occupant Survey, 1999, P. Burke, rev. May 4, 2000, ASCII 88 char/record, 8800 char/block.
f. Documentation must include a title page, with the same items as the sticker, plus: Company name, project director, Contract number, Stage of processing (preliminary, final, revised, etc.), 150-250 word abstract, Weighted and unweighted control totals (so users know the size, and can check their own runs), and Table of Contents for the rest of the documentation. All should be understandable by members of the public who are not familiar with the project. This page will usually become a “README” file for the public.
g. Documentation must include a bibliography of reports produced by the project.
h. Documentation must include for each field: name, position, definition or explanation if needed, meaning of any codes, presence of any errors or mis-codes if known.
i. Documentation must include a description of EVERY step in processing, including sampling process, call-back process, training of people who collected the data, data entry, treatment of missing data and outliers, weighting and any other significant steps (if lengthy, include one page overview).
j. Documentation must include a statement of non-response rate and any other known omissions or problems.
k. Documentation must include the complete data collection instrument, with variable names written in (marginal notes are also desirable). Unless proprietary software rules prohibit it, the contractor must provide a working copy of the data collection instrument.
CODES
Geography. If instructed by the contract, all addresses must be geocoded. All geocoded address data must include all input address fields and standardized output address fields. All geocoded address data must include a field that reflects the precision of the geocode (i.e. street match, zip+4 match, zip match, etc.). Latitude and longitude must be of a numeric data type with a minimum of six (6) decimal places. All Census geographic codes must be reported in text format, with leading 0s preserved and decimal points, if applicable, must be implied. At a minimum, the following basic Census geographic codes are expected: State, County, Place, Minor Civil Division (where applicable), Tract, Block Group and Block. Metropolitan Area codes must reflect the most current Metropolitan and Micropolitan Core Based Statistical Area (CBSA) definitions set forth by the Office of Management and Budget. All geocoded products must be accompanied by a FGDC-compliant metadata record in HTML or XML format. This metadata must include descriptions of each of the data items described above and the method(s) by which they were derived.
b. Occupation and industry. If present, these must use standard codes of the Census Bureau, Labor Department, or of Office of Management and Budget.
DOCUMENTATION FOR SMALL DATA AND PROJECT FILES
Documentation for project (word processing, spreadsheet, and graphics) files should include disk (or media) labels that include the project name, contact person, contractor, contract number, and date. If the submission consists of multiple files, the contractor should include a README file that briefly describes each file on the disk. Files submitted (particularly final deliverables) should include portable document format (pdf) files suitable for web posting as well as the files in the application format in which they were prepared (doc, xls, etc.). While special protection (password or print restrictions) is desired, those additional requirements will be articulated separately.
FORMATS FOR AUDIOVISUAL FILES
CD/DVD: Final versions of videos will be provided on CDs or DVDs. In addition, raw footage will be provided in the same format (CD or DVD). In the case of media anticipated for web posting, delivery in Flash or other format as directed by the FAC-COTR will be used.
Digital photographs: Digital photography will be provided as jpg files on CD or DVD. The resolution of these photographs should remain as high as possible (given the source and potential image adjustment). While specific captions are not required, the files should be sorted and placed into directories on the disk to allow HUD to understand when and where the photographs were made. The contractor should provide all technically acceptable photographs taken under the project, not just those used in publications. In the event photographs are taken for ultimate publication, detailed information on those photographs should be provided, including releases and caption information. In that event, a more appropriate format may be specified.
DOCUMENTATION FOR AUDIOVISUAL FILES
Video disks (CD/DVD) will be labeled with the title of the production, run time, the project name, contact person, contractor, contract number, and date. In addition to the above information, raw video will be accompanied by paper or electronic video logs and releases will be provided with all raw footage.
19. 508 COMPLIANCE REQUIREMENTS
All files intended to be web posted and/or as applicable per the project/task are required to be compliant with Section 508 of the Rehabilitation Act of 1973, which gives all people with disabilities the right to equal access to all electronic and information technology of any Federal agency.
20 REVIEW AND EVALUATION OF SUBMISSIONS
Unless specified in the contract or task order statement of work, within eight (8) weeks of receipt, the recipient will be responsible for having read the data and documentation on an appropriate computer system, will notify the supplier of any corrections or changes needed, and will release copies for general dissemination as appropriate.
21. CERTITICATION REGARIND COMMON SECURITY CONFIGURATIONS FOR WINDOWS s XP and VISTA OPERATING SYSTEMS (JUNE 2007)
(a) By signing this contract, the Contractor certifies that the information technology applications it provides under this contract are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC). This includes Internet Explorer 7 or higher configured to operate on Windows XP and Vista (in Protected Mode on Vista). For the Windows XP settings, see:
http://csrc.nist.gov/itsec/guidance_WinXP.html and for the Windows Vista settings, see:
http://csrc.nist.gov/itsec/guidance_vista.html.
(b) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved FDCC configuration. The information technology shall use the Windows Installer Service, if available, for installation to the default “program files” directory and be able to silently install and uninstall.
(c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.
(d) The Department of Housing and Urban Development (HUD) reserves the right to validate, in any manner, compliance of any information technology application provided under this contract with the requirements of this clause.
(e) The Contractor shall include this clause, including this paragraph (e), in all subcontracts under this contract that require delivery of information technology applications.
22. ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION
For the sole purpose of performing work required under this contract, the contracting officer may grant the contractor – including contractor employees, subcontractors, and subcontractor employees – access to controlled unclassified information (“CUI”).
CUI:
Is any information which the loss, misuse, or modification of, or unauthorized access to, could adversely affect the national interest or the conduct of federal programs or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy;
(2) Is not available to the general public;
(3) May include:
(A) Government acquisition-sensitive information, including source selection information as defined at section 2.101 of the Federal Acquisition Regulation (48 CFR Chapter 1); contractor bid or proposal information;
(B) Information contained in individual contracts that is not public information and such contract information that is contained in Government databases; proprietary economic, financial, or business information (e.g., salary information) provided to the Government by other parties (e.g., other contractors) or belonging to HUD;
(C) Personally identifiable information (PII) that includes, but is not limited to social security numbers, names, dates of birth, places of birth, parents’ names, credit card numbers, applications for entitlements, and information relating to a person’s private financial, income, employment, and tax records; and
(D) And other information that the HUD contracting officer or other authorized HUD employee explicitly identifies as CUI; and
(4) May exist in various physical media (e.g., paper, electronic file, audio or video disc) or be transmitted orally, may be developed under or pre-exist any related contract, and may be in its original form or a derivative form (i.e., where the information has been included in contractor-generated work, or where it is discernible from materials incorporating or based upon such information).
(c) As a prior condition to being provided access to any CUI, each contractor or subcontractor employee shall execute the nondisclosure agreement in attachment J.__ [contracting officer insert attachment number] to this contract and deliver the executed agreement to the contracting officer.
(d) The contractor shall include this clause in all subcontracts.
(e) The contractor’s failure to comply with any part of this clause or with the terms of the required nondisclosure agreements may result in the termination of this contract for default.
| 23. | FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –COMMERICAL ITEMS (AUG 2009) |
| An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. | |
| (a) Definitions. As used in this provision-- | |
| “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. | |
| “Forced or indentured child labor” means all work or service— |
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
| “Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). |
| “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— |
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and…
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