draft Sol_86614121R00001 06152021.pdf

TABLE OF CONTENTS

Continuation from Standard Form

BRIEF DESCRIPTION OF CONSTRUCTION INSPECTION SERVICES (CIS)

LOCATION OF REGIONS AND FEDERAL HOUSING ADMINISTRATION ZONES

PRICE SCHEDULE FOR INSPECTIONS

MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER

INCENTIVES FOR PROCESSING

INCENTIVE/DISINCENTIVE TO INCREASE/DECREASE THE GEOGRAPHIC SERVICE AREA

FAR 52.212-4 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018)

Addendum

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

52.203-3 GRATUITIES. (APR 1984)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (JUN 2020)

2452.203-70 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES. (APR 2019)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER.

(MAY 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)

2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR 1984)

2452.222-70 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES. (FEB 2006)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS. (AUG 2018)

52.227-17 RIGHTS IN DATA--SPECIAL WORKS. (DEC 2007)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.

(DEC 2013)

52.237-3 CONTINUITY OF SERVICES. (JAN 1991)

52.236-8 OTHER CONTRACTS. (APR 1984)

52.236-23 RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR. (APR 1984)

52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS. (APR 1984)

52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS. (JUN 2003)

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984)

52.242-13 BANKRUPTCY. (JUL 1995)

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.244-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (ARCHITECT-

ENGINEER SERVICES). (AUG 1998)

2452.244-70 CONSENT TO SUBCONTRACT. (MAR 2016)

2452.246-70 INSPECTION AND ACCEPTANCE. (APR 2019)

52.249-7 TERMINATION (FIXED-PRICE ARCHITECT-ENGINEER). (APR 1984)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

HUD-H-03-100 PUBLIC COMMUNICATION

2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS (TANGIBLE AND

ELECTRONICALLY STORED INFORMATION (ESI) FORMATS). (DEC 2012)

HUD-H-04-101 EXAMINATION OF RECORDS BY HUD (JUL 2017)

2452.209-71 LIMITATION ON FUTURE CONTRACTS. (FEB 2000)

HUD-H-09-101 CORPORATE FILINGS

HUD-H-09-102 LICENSES, CONTRACTOR QUALIFICATIONS

HUD-H-11-101 CONTRACTOR RESPONSIBILITIES FOR PUBLICATIONS, FORMS AND HANBOOKS

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA - MODIFICATIONS. ALTERNATE III (OCT 1997) AND

ALTERNATE IV (OCT 2010)

52.216-18 ORDERING. (AUG 2020)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)

52.216-25 CONTRACT DEFINITIZATION. (OCT 2010)

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN. (SEP 2019)

2452.216-78 ORDERING PROCEDURES. (FEB 2006) - ALTERNATE I (FEB 2006)

2452.216-78 ORDERING PROCEDURES. (FEB 2006) - ALTERNATE II (FEB 2006)

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE). (MAR 2016) -

ALTERNATE II (APR 2019)

2452.237-70 KEY PERSONNEL. (FEB 2006)

2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE. (APR 2019)

2452.237-79 POST AWARD CONFERENCE. (MAR 2016) - ALTERNATE I (MAR 2016)

2452.237-83 ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION (CUI). (APR 2019)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JAN 2021)

Contract Documents, Exhibits, and Attachments Instructions to A&E Interested Firms

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG 2020)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION. (FEB 1999) 32

52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES. (FEB 1993)

2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST. (FEB 2000)

52.216-1 TYPE OF CONTRACT. (APR 1984)

52.233-2 SERVICE OF PROTEST. (SEP 2006)

2452.233-70 REVIEW OF CONTRACTING OFFICER PROTEST DECISIONS (FEB 2006)

PROPOSAL CONTENT

INSTRUCTIONS TO OFFERORS UNDER PART I-TECHNICAL PROPOSAL

INSTRUCTIONS TO OFFERORS UNDER PART II- PRICE and BUSINESS PROPOSAL

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

COST OR PRICING DATA. (OCT 2010) - ALTERNATE I (OCT 2010), ALTERNATE III (OCT 1997) AND

ALTERNATE IV (OCT 2010)

HUD-L-09-101 SPECIALIST INSTRUCTION REGARDING LOBBYING DISCLOSURES

Evaluation

TECHNICAL EVALUATION:

PRICE EVALUATION:

Representations, Certifications, and Other Statements

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS. (FEB 2021)

Continuation from Standard Form

BRIEF DESCRIPTION OF CONSTRUCTION INSPECTION SERVICES (CIS)

The contractor must serve as HUD’s representative and perform inspections of HUD Multifamily (MF) projects under repair, construction or substantial rehabilitation; Multifamily projects serviced by the contractor under this contract will involve either HUD-insured or HUD’s Capital Advance programs. The contractor must assist all parties (owner, sponsor, architect, builder, mortgage company, consultant) in construction contract administration procedures, issues, and the preparation and submission of HUD forms.

The contractor must perform the services (i.e., projects) in the following MF Housing (MFH) Region:____*** To Be Determined (TBD) at Time of Award ***______________

The government anticipates awarding up to two contract(s) for each of the five (5) regions but reserves the right to combine regions into one contract award if one contractor receives an award for more than one region or expand or reduce the size of a geographic region under an awarded contract.

LOCATION OF REGIONS AND FEDERAL HOUSING ADMINISTRATION ZONES

Northeast Region (by FHA zone):

Washington D.C (000) and 13 States: Connecticut (017), Delaware (032), Maine (FHA 022), Massachusetts

(023), Maryland (052), New Hampshire (024), New Jersey (North 031 and South 035), New York (Buffalo 014 and New York City 012), Pennsylvania (East 034 and West 033), Rhode Island (016), Vermont (026), Virginia

(051), and West Virginia (045).

Southeast Region (by FHA zone):

Puerto Rico (056) and 8 States: Alabama (062), Florida (North 063, Central 067, and South 066), Georgia

(061), Kentucky (083), Mississippi (065), North Carolina (053), South Carolina (054), and Tennessee

(Knoxville 087, Memphis 081, Nashville 086).

Midwest Region (by FHA zone):

6 States: Illinois (Chicago 071 and Springfield 072), Indiana (073), Michigan (Detroit 044, Grand Rapids 047, and Flint 048), Minnesota (092), Ohio (Cleveland 042, Columbus 043 and Cincinnati 046), and Wisconsin

(075).

Southwest Region (by FHA zone):

9 States: Arkansas (082), Iowa (074), Kansas (102), Louisiana (064), Missouri (East 085 and West 084), Nebraska (103), New Mexico (116), Oklahoma (East 118 and West 117), and Texas (Fort Worth 113, Houston 114, and San Antonio 115).

West Region (by FHA zone):

14 States: Alaska (176), Arizona (123), California (Los Angeles 122, Riverside 143, San Diego 129, San

Francisco 121, and Norther 136), Colorado (101), Hawaii (14), Idaho (124), Montana (093), Nevada

(125), North Dakota (094), Oregon (126), South Dakota (091), Utah (105), Washington (171 and Seattle

127), and Wyoming (109).

PRICE SCHEDULE FOR INSPECTIONS

The contractor must provide all equipment, management, materials, supervision, supplies, travel, and other items and services necessary to coordinate, perform, schedule, and assure effective performance of construction inspections for MF properties according to the terms and conditions of the contract. The unit price for each of the Contract Line Item Number (CLIN) in the following table must include all managerial, technical and clerical services, materials, supplies, reviews, reports, communications, HUD tasks, time, travel, printing, photographic expenses, postage, courier fees and other fees related to the delivery of information to HUD, general oversight, general and administrative costs, fringe benefits, and profit/fee.

CLIN Pricing (***TBD at Award ***)

Description CLINs NE SE SW W MW

Construction Inspections or

HUD scheduled Preconstruction meeting -Base Year; Ordering

Period: Effective date of

Contract to One Year Thereafter

BEQs

Total 1,036 1,760 2,158 1,158 297

1A Virtual 52 88 108 58 15

1B In-person 984 1,672 2,050 1,100 282

1A Unit

Prices

Virtual $ $ $ $ $

1B In-person $ $ $ $ $

1 Total Σ(BEQ * $) $ $ $ $ $

Construction Inspections or

HUD scheduled Preconstruction meeting - Year 2; Ordering

Period: Effective One Year after date of Contract to Two Years

Thereafter

BEQs

Total 1,189 1,929 2,355 1,399 324

2A Virtual 59 96 118 70 16

2B In-person 1,130 1,833 2,237 1,329 308

2A Unit

Prices

Virtual $ $ $ $ $

2B In-person $ $ $ $ $

2 Total Σ(BEQ * $) $ $ $ $ $

Construction Inspections or

HUD scheduled Preconstruction meeting -Year 3; Ordering

Period: Effective Two Years after date of Contract to Three

Years Thereafter

BEQs

Total 1,364 2,114 2,571 1,691 354

3A Virtual 68 106 129 85 18

3B In-person 1,296 2,008 2,442 1,606 336

3A Unit

Prices

Virtual $ $ $ $ $

3B In-person $ $ $ $ $

3 Total Σ(BEQ * $) $ $ $ $ $

Construction Inspections or

HUD scheduled Preconstruction meeting- Year 4; Ordering

Period: Effective Three Years after date of Contract to Four

Years Thereafter

BEQs

Total 1,565 2,317 2,806 2,042 387

4A Virtual 78 116 140 102 19

4B In-person 1,487 2,201 2,666 1,940 368

4A Unit

Prices

Virtual $ $ $ $ $

4B In-person $ $ $ $ $

4 Total Σ(BEQ * $) $ $ $ $ $

Construction Inspections or

HUD scheduled Preconstruction meeting - Year 5; Ordering

Period: Effective Four Years after date of Contract to Five

Years Thereafter

BEQs

Total 1,795 2,549 3,063 2,467 422

5A Virtual 90 127 153 123 21

5B In-person 1,705 2,422 2,910 2,344 401

5A Unit

Prices

Virtual $ $ $ $ $

5B In-person $ $ $ $ $

5 Total Σ(BEQ * $) $ $ $ $ $

Transition In-Out Site Visits, no inspections performed; if inspections performed use inspection CLIN

BEQs 130 246 308 126 38

Unit Prices $ $ $ $ $

CLIN 6 Total $ $ $ $ $

Grand Total: Cumulative Sum (Σ) of CLIN Totals [Best Estimated

Quantity (BEQ) * Unit Prices], for Contract Award(s)

*The government’s best estimated quantity of Construction Inspections represents the estimated quantity to be ordered over the ordering periods of the contract; the best estimate quantities are estimates only and are not purchased by this contract.

According to FAR 16.504(a)(4)(ii) and contract clause HUDAR clause 2452.216-76, “Minimum and Maximum

Quantities and Amounts of Order”, the minimum and maximum quantity limits the amount the government may order under the subject contract. Ordering the stated minimum quantity shall serve as full consideration for the government’s liability under this contract, and the government shall be in no obligation to conduct further ordering of services from the named contractor beyond the stated minimum quantity of services. In no event can the government ordered amount exceed the maximum quantity. If a contractor received an awarded contract for more than one region, than the minimum and maximum amount will be combined total of both regions.

MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER.

(a) The minimum quantity or amount to be ordered under this contract shall not be less than the units identified in the in the table below, specific to the region(s) for the awarded regional contract.

Regional Contract, Minimum Order Quantities.

Region Northeast Southeast Southwest West Midwest

Minimum Quantity 36 72 84 24 12

(b) The maximum quantity or amount to be ordered under this contract shall not exceed the units identified in the in the table below, specific to the region(s) for the awarded regional contract.

Regional Contract, Maximum Order Quantities.

Region Northeast Southeast Southwest West Midwest

Maximum Quantity 9,808 14,929 18,106 12,487 2,494

INCENTIVES FOR PROCESSING

The government will assess incentives when the contractor submits a proper monthly invoice to the Contracting

Officer Representative (COR). The COR will conduct a performance assessment of the contractor using the according to the Performance Requirements Standards (PRS) section of the Performance Work Statement (PWS) to determine if an incentive is applicable.

a) There are two types of incentives:

• Positive (Incentive): The contractor achieves or exceeds the specified performance requirement percentage required during an invoice period.

• Negative (Disincentive): The contractor does not meet the specified performance standard required during an invoice period.

The government will not assess positive or negative incentives for the first two (2) full monthly billing cycles under the first task order, to allow the contractor time to fully implement contract requirements.

b) Surveillance Method: The COR and Subordinate COR (SCOR) will monitor submittals by the Construction Inspector (CI) for compliance of the performance requirement standards.

c) The government will measure the performance standards, based on a project-by-project evaluation.

a. Construction Start Letter -Performance Requirements Standard (PRS) 5.1.2.3: The construction inspector (CI) must obtain construction start letters from the builder for one hundred percent (100%) of all new projects starting construction that are assigned to the CI. The CI must forward the letters to HUD by the due date.

i. No positive incentive

ii. 5% disincentive of price per inspection if not received within seven (7) days after receipt by the Contract Inspector.

b. Construction Inspector’s Inspection Report-PRS 5.1, 5.2, 5.3 and 5.4: The CI must submit monthly inspection reports (HUD-95379), including photographs and when applicable, employee wage reviews, Supervisory Architect’s Field Reports (AIA G711 or other format); construction change documents, AIG G710, Architect’s Supplemental Instructions; HUD-92464, Request for Approval of Advance Escrow Funds; or occupancy approval forms; must be acceptable to HUD and submitted to HUD by the due date for every site visit. The performance standard is 95%.

i. 2% incentive of the invoice total amount if greater than 98% of HUD-95379 with photos and required documents are received within 7 business days of inspection.

ii. 3% disincentive of the total invoice total amount if less than 95% of HUD-95379 with photos and required are received within 7 business days of inspection.

c. Construction Inspector’s site visit/inspection-PRS 5.1.2: The CI’s site visit/inspection performed during any monthly period must coincide with the scheduled signing of the builder’s monthly requisition/pay draw (HUD-92448, Contractor’s Requisition Project Mortgages) for 100% of the builder’s requisition/pay draws required during the month for which the CI is invoicing. If this does not occur, the CI must document the trip report as to why; delays not within the CI’s control will not be counted against the CI. For delays outside the CI control and as soon as practicable, the contractor must notify the COR and CO, with 1) the notice requirements included in FAR 52.212-4

(f) as soon as practicable, and 2) describe the particulars to support the delay is not through the fault of contractor or due to negligence.

ii. 5% disincentive of invoice of column A subtotal if less than 100% of Contractor

Inspector’s Date of Inspections do not coincide with Draw Request Meeting.

d. Builder’s Requisition-PRS 5.3.2.3: CI submitted Builder’s Requisition (HUD-92448), submitted upon completion of the monthly requisition meeting, and deliver a signed copy to HUD within seven (7) business days of signing. The performance standard is 100%.

i. 2% incentive of Column A of Invoice Subtotal amount if greater than 98% of HUD- 92448 are submitted within seven (7) days of inspection and signing.

ii. 3% disincentive of Column A of Invoice Subtotal amount if less than 95% of HUD- 92448 are not submitted within seven (7) days of inspection and signing.

e. Final Construction Record-PRS 5.3.8 and 5.3.8.1: The CI must submit to HUD a proper, complete, and final construction record for 100% of all projects assigned which the CI inspected during the construction period within 7 (seven) business days after the twelve month or last warranty inspection.

ii. 5% disincentive of price per inspection times the total number of inspections completed per project(s) not submitted within seven (7) days after HUD final completion.

d) Application of Incentives:

a. Positive incentives are credit incentives and will not be monetary. The government will use the credit incentive to offset future negative incentives. For example, an incentive credit earned a previous month can be carried over into the next month, if not applied to any disincentive that may have been earned. If no disincentive earned, then the incentive will continue to accumulate and be carried over to and either applied to any earned disincentives over the contract ordering period or lost by the end of the contract ordering period.

b. The government will apply the positive incentive credit to the invoice affected under the PRS credit.

c. The positive credit(s) will expire at the end of the current contract ordering period. The credit(s) will not carry over to the next contract ordering period.

INCENTIVE/DISINCENTIVE TO INCREASE/DECREASE THE GEOGRAPHIC SERVICE AREA

a) The government intends to utilize this clause as a:

a. Mechanism to incentivize a high level of performance by rewarding the most highly performing contractors with an opportunity to expand their geographic service area; and

b. Provide a disincentive for non-performance of contract requirements by reducing the geographic service area of contractors who fail to meet contract expectations.

c. While performance must be the primary reason for utilization of this clause, other examples which might cause utilization of this clause include insufficient contract funding or available contract ceiling. The government shall not be limited to the specified examples provided and reserves the right to realign for any reason the contracting officer determines that is in the best interest of the government. Under such circumstances, the government could either invite one or more contractors to assume responsibility for the performance of increased geographic scope activities according to the terms and conditions of a then existing contract for construction inspection services in another geographical area, or the government may elect to allow two or more contractors for construction inspection services to submit contract modification proposals for the provisions of such services upon such terms and conditions as are mutually agreeable to the parties, either outcome to be effected through a bilateral modification to the contract.

b) The contracting officer shall consider geographic realignment under the terms set forth in this clause to be within the scope of the contract and does not constitute a new work modification.

a. The government, after meeting the applicable region contract minimum established in HUDAR 2452.216-76, “Minimum and Maximum Quantities and Amounts of Order” and paragraph (b) in FAR 52.216-22—"Indefinite Quantity”, reserves the right to non-competitively increase or reduce the geographic service area of this contract through contract modification. The modification will realign the geographic area of the affected contract, but will not increase the contract ceiling, unless the contracting officer cites one of the statute authorities in FAR 6.302—Circumstances Permitting Other Than Full and Open Competition. Realignment of the geographic area will become effective for all new assignments made after the effective date identified in the realignment modification.

b. The government shall not increase the maximum quantity under the authority of this clause. Any non-competitive increase to the contract maximum must cite one of the valid exceptions to full and open competition identified in FAR 6.302—Circumstances Permitting Other Than Full and Open Competition.

c. Assignments/Orders placed prior to a realignment modification being issued under this authority will remain with the existing contractor, unless the government invokes a full or partial termination in accordance with FAR paragraph 52.212-4 (l), Termination for the Government’s Convenience.

FAR 52.212-4 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS.

(OCT 2018) Addendum

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 address(es):

Federal Acquisition Regulations https://www.ecfr.gov/cgi-bin/text-idx?SID=913286c8b35a001caee5f6b8e233dd58&mc=true&tpl=/ecfrbrowse/Title48/48cfr52_main_02.tpl

HUD Acquisition Regulations https://www.ecfr.gov/cgi-bin/text-idx?SID=913286c8b35a001caee5f6b8e233dd58&mc=true&tpl=/ecfrbrowse/Title48/48cfr2452_main_02.

tpl

(End of clause)

INCLUDED BY TOTAL REFERENCE

52.203-3 GRATUITIES. (APR 1984)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS. (JUN 2020)

2452.203-70 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES. (APR 2019)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER. (MAY

2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)

2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR 1984)

2452.222-70 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES. (FEB 2006)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS. (AUG 2018)

52.227-17 RIGHTS IN DATA--SPECIAL WORKS. (DEC 2007)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC

2013)

52.237-3 CONTINUITY OF SERVICES. (JAN 1991)

52.236-8 OTHER CONTRACTS. (APR 1984)

52.236-23 RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR. (APR 1984)

52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS. (APR 1984)

52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS. (JUN 2003)

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984)

52.242-13 BANKRUPTCY. (JUL 1995)

https://www.ecfr.gov/cgi-bin/text-idx?SID=913286c8b35a001caee5f6b8e233dd58&mc=true&tpl=/ecfrbrowse/Title48/48cfr52_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=913286c8b35a001caee5f6b8e233dd58&mc=true&tpl=/ecfrbrowse/Title48/48cfr52_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=913286c8b35a001caee5f6b8e233dd58&mc=true&tpl=/ecfrbrowse/Title48/48cfr2452_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=913286c8b35a001caee5f6b8e233dd58&mc=true&tpl=/ecfrbrowse/Title48/48cfr2452_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=913286c8b35a001caee5f6b8e233dd58&mc=true&tpl=/ecfrbrowse/Title48/48cfr2452_main_02.tpl

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.244-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (ARCHITECT-

ENGINEER SERVICES). (AUG 1998)

2452.244-70 CONSENT TO SUBCONTRACT. (MAR 2016)

2452.246-70 INSPECTION AND ACCEPTANCE. (APR 2019)

52.249-7 TERMINATION (FIXED-PRICE ARCHITECT-ENGINEER). (APR 1984)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

INCLUDED BY PARTIAL REFERENCE OR FULL TEXT

HUD-H-03-100 PUBLIC COMMUNICATION

The contractor must not represent itself as US Department of Housing and Urban Development (HUD) personnel to outside parties. When communicating with outside parties, the contractor must, explain that they are a HUD contractor. When performing work for HUD, contractor personnel must easily be identifiable to the public as a HUD contractor. Contractor personnel must be identifiable though the use of badges, corporate logos, or other distinguishable credentials.

2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS (TANGIBLE AND

ELECTRONICALLY STORED INFORMATION (ESI) FORMATS). (DEC 2012)

(c)(2) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the Contracting Officer's request made pursuant to paragraph (b)(6) of this clause. However, if the

Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a request submitted before final payment of the contract.

HUD-H-04-101 EXAMINATION OF RECORDS BY HUD (JUL 2017)

(a) The Contractor agrees that the Secretary of the department of Housing and Urban Development (HUD) or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal

Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder.

(b) The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Secretary of HUD or any authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the FAR (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clause thereunder.

(c) The term “subcontract” as used in this clause excludes:

(1) Purchase orders not exceeding the simplified acquisition threshold and

(2) Subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

2452.209-71 LIMITATION ON FUTURE CONTRACTS. (FEB 2000)

(a) The Contracting Officer has determined that this contract may give rise to potential organizational conflicts of interest as defined at FAR subpart 9.5.

(b) The nature of the potential conflict of interest is

The contractor, subcontractor (including consultants), or any of their employees, must not have any financial interests, direct or indirect, with any HUD multifamily (MF) property assigned to this contract.

• A contractor or subcontractor (including consultants) firm, or current or former employees, shall not perform any inspections or service required under this contract for any projects, except as provided in

36.209, if they participated in:

o Any construction work on an assigned project;

o Any design of the construction project;

o Serving as the Supervisory Architect on the assigned project.

• The contractor must not enter into a situation or subcontract with any entity where there exists an identity-of-interest. Identity-of-interest means any relationship (generally based on family ties and/or financial interests) that exists which could give raise to a presumption that the parties to the transaction may not operate at arms-length in establishing the cost or the acceptability of the service to be provided. For example, the contractor is prohibited from inspecting a project that was developed or designed by a family member. Identity-of-interest may exist with a contractor or subcontractor

(including consultant), who provides Construction or Architectural services for a property owner, even when property is not assigned as a project under this contract.

• The Contractor shall not employ or subcontract with any person who is a current or former civilian employee of the U.S. Government if the employment of that person would create a conflict of interest, an appearance of any conflict, or otherwise conflict with Department restrictions.

(c) If the contractor, under the terms of this contract or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under any ensuing HUD contract.

(d) Other restrictions –

The contractor’s Quality Control Plan must define their Conflict of Interest (COI) screening procedures for project assignments and potential COI issues with their firm, employees, and subcontractor firms

(including consultants) and their employees. The COI screening procedures must reveal any potential conflict within three business days of assignment of a project. If a potential or actual COI is identified, the contractor must notify the Contracting Officer (CO), Contracting Officer Representative (COR), and

Subordinate COR (SCOR), in writing within three business days of assignment of a project and comply with paragraph (b) of contract clause 2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST.

The HUD Office of Counsel must approve assignment to any person who is a current or former civilian employee of the U.S. Government.

(e) The restrictions imposed by this clause shall remain in effect until the latter of either 1) the end of the contract or task order period of performance, or 2) the completion of an assigned construction project.

(End of clause)

HUD-H-09-101 CORPORATE FILINGS

Upon request of the government, and at the commencement of the contract term, the contractor must provide to the contracting officer copies of all corporate, partnership or other applicable filings and organizational documents relating to both the contractor and subcontractor entities, including, but not limited to, the following: Articles of Incorporation, Certificates of Good Standing, Designation of

Registered Agent, Bylaws, and, Incumbency Certificates.

The contractor must provide copies of these documents as they are renewed or otherwise amended, together with any other contractor and subcontractor organizational documents requested by the contracting officer.

HUD-H-09-102 LICENSES, CONTRACTOR QUALIFICATIONS

PWS sections 4.2.1 Contractor Personnel - Professional Qualifications. For any additions to the contractor or subcontractor key personnel performing inspection services under this contract, the contractor shall submit to the Contracting Officer (CO) and Contracting Officer Representative (COR), copies of their qualifications.

PWS 1.9 Special Qualifications. For any changes to the contractor or subcontractor key personnel performing inspection services under this contract, the contractor shall submit to the Subordinate

Contracting Officer Representative (SCOR), copies of their resume and current licenses and certifications required under PWS sections 4.2.1 Contractor Personnel - Professional Qualifications, to support that assigned personnel has equivalent qualifications.

HUD-H-11-101 CONTRACTOR RESPONSIBILITIES FOR PUBLICATIONS, FORMS AND HANBOOKS

(a) The contractor is:

(1) Responsible for obtaining and maintaining all applicable forms and publications.

(2) Responsible for ensuring that all services are conducted according to current HUD forms and publications.

(b) The forms and publications described in this contract are subject to revision. The contracting officer representative may notify the contractor of changes to HUD forms and publications. The contractor must contact the contracting officer representative whenever the contractor believes a form of publication the contractor is currently using was superseded.

(c) The contractor will incur the expense for the duplication of any forms/formats necessary to accomplish work under the contract.

(d) The Contractor may download HUD publications, forms, and handbooks from the following website:

https://www.hud.gov/program_offices/administration/handbks_forms or HUDCLIPS (HUD’s Client

Information Policy Systems website: https://www.hud.gov/program_offices/administration/hudclips/

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED

COST OR PRICING DATA - MODIFICATIONS. ALTERNATE III (OCT 1997) AND ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

https://www.hud.gov/program_offices/administration/handbks_forms https://www.hud.gov/program_offices/administration/hudclips/

(b) Provide data described below:

(1) The contractor must show the application of their proposed mathematical formulas used for the unit prices. The mathematical break down of the total unit price must reflect labor categories, labor rates, number of hours for tasks, materials, and any other costs (separate travel effort from the task effort) that make up the bottom-line price and necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.

(2) An offeror must describe the pricing sources, facts, judgmental factors, assumptions and rationale used for developing the inputs into the mathematical formulas.

(3) The pricing data and supporting information should be sufficient for an adequate evaluation and support the contractor’s technical approach, such as location of qualified personnel in relation to travel effort and costs. The contractor must provide access to records necessary to permit the government to perform an adequate price analysis, and to support proposed unit prices.

(c) Submit the cost portion of the proposal via the following electronic media:

electronic media using current commercial software. The contractor must show the application of their proposed mathematical formulas used for the unit prices in an excel workbook. The contractor may use either word or a pdf for supporting narrative not included in the excel workbook.

(End of clause)

52.216-18 ORDERING. (AUG 2020)

(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 30 days prior to the expiration of the contract.

(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) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

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 the quantity for the applicable awarded contract region(s) in the table below, Region Northeast Southeast Southwest West Midwest

Minimum Quantity 36 72 84 24 12 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 the quantity for the applicable awarded contract region(s) in the table below;

Region Northeast Southeast Southwest West Midwest

Maximum Quantity 3,366 4,779 5,743 4,626 791

(2) Any order for a combination of items in excess of the quantity for the applicable awarded contract region(s) in the table below;

Region Northeast Southeast Southwest West Midwest

Maximum Quantity 3,366 4,779 5,743 4,626 791 or

(3) A series of orders from the same ordering office within 270 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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 seven (7) calendar 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.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 seven (7) days of a final inspection that was performed within either 1) the contract period of performance, or 2) any extended period of performance under clause 52.217-8 OPTION

TO EXTEND SERVICES.

(End of clause)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding [***TBD at task order level by task order obligation amount and following assigned project work orders***] dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is [***TBD at award, calculation will be based upon contract awarded base year unit price multiplied by the minimum quantity identified in the schedule table “Regional Contract, Minimum, Maximum and Best

Estimated Order Quantities.” applicable to the contract awarded region(s).***] dollars.

(End of clause)

52.216-25 CONTRACT DEFINITIZATION. (OCT 2010)

(a) A [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract,

(2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a fixed-price proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR

15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is: [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the

Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN. (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

https://www.hud.gov/program_offices/sdb/about

2452.216-78 ORDERING PROCEDURES. (FEB 2006) - ALTERNATE I (FEB 2006)

(b) In addition to a Contracting Officer, the following individuals are authorized to issue work orders (Project

Descriptions or a Lenders Narrative) under a Contracting Officer issued task order, if the work orders are tied to delivery of a completed service of a fully funded Pre-Priced Line Items, and only when the cumulative amount of work ordered services does not exceed the total task order obligation amount or period of performance: the primary, contract-level, Contracting Officer Representative.

(End of clause)

2452.216-78 ORDERING PROCEDURES. (FEB 2006) - ALTERNATE II (FEB 2006)

(a) Orders issued under this contract may be placed in writing or via electronic mail (e-mail).

(b) This contract provides for the issuance of task orders on a negotiated basis as follows:

(1) The Contracting Officer will provide the contractor(s) with a statement of work or task description.

The contractor(s) shall provide pricing and other information requested by the Contracting Officer (e.g., proposed staffing, plan for completing the task, etc.) within the time period specified by the Contracting

Officer. Failure by any contractor to provide all the requested information on time may result in the contractor not being considered or selected for issuance of the order.

(i) At a minimum, the contractor shall provide an updated statement of qualifications and performance data on a SF 330 Part II, 90 calendar days prior to the beginning of Year 1, Year 2, Year 3, and Year 4 ordering periods.

https://www.hud.gov/program_offices/sdb/abou

(ii) Competition of task orders will occur between the two contract awards within each region, if two awards are made, except if the government uses FAR 16.505 (a)(9), a fair opportunity exception exists, or if an awardee’s contract exceeds its contract ceiling.

(iii) In accordance with FAR 16.505 (a)(9), the government may use the negotiation procedures in

FAR 36.606 to negotiate with the most preferred firm that received a regional contract, so long as services require the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, Federal District, or (outlying area. Under these procedures, the government may carve out a portion of regional work for negotiation with a single regional contractor based solely on their previously demonstrated qualifications. The government may negotiate pricing with the highest ranked contractor, such as a strong presence in a geographical area of professional qualifications, specialized experience, and past performance, so long as the as services require the direct supervision of a professional architect or engineer who is licensed, registered or certified in that state or federal district.

(iv) If the procedures in the preceding paragraph (iii) are not used and no exception to the fair opportunity process exists, (i.e., logical follow-on, does not exceed $3,500, to satisfy the minimum) then the contracting officer will use the procedures according to FAR 16.505(b), “Orders under multiple award schedules.” The government must justify exceptions to fair opportunity, as required in FAR 16.505 (b)(2)(iii). Whether or not using fair opportunity, the negotiation instructions may provide specific instructions and additional terms and conditions.

(A) At a minimum, within 90 calendar days for an unplanned action or prior to the beginning of

Year 1, Year 2, Year 3 and Year 4 ordering periods, the government will give each regional vendor an opportunity to submit further discounted prices for tasked work. The contractor must submit transparent pricing and other supporting pricing data to ensure compliance with professional compensation requirements in 29 CFR 541.

(B) If necessary, the government may provide an opportunity to increase a highly qualified ranking from other regional contractors, using one or more of the factors in FAR 36.602-1.

The highly qualified ranking technical factors for evaluation considerations are the same as those included in the original notice for interested vendors: professional qualifications, specialized experience, past performance, location in general geographical area, capacity to complete in time, and conflicts of interest.

(C) As stated in the schedule, the government may exclude from award consideration tasks in geographic regions related to a contractor’s past performance issues. The government will justify exclusion under FAR 16.505 (b)(2)(i)(B) if paragraph (1) (ii) of this clause does not apply.

(iv) After a Task Order is issued by a CO, the contract level COR may issue work orders on at least a monthly basis, preferably by the end of each month, along with a work order Spread Sheet

(SS). The work order spreadsheet will identify a project. A work order Project Description or

Lenders Note will provide further details, such as:

• Project Name and FHA Project Number

• Address

• Type of Facility, Number of dwelling units, number of buildings, and number of stories

• Section of the Act

• Type of project and type of inspection

• Foundation and Structural System

• Schedule Construction Period

• Identification of Project Owner, Designer, Builder, and Supervisory Architect

• Contact information.

(2) The Contracting Officer may require the contractor(s) to present and/or discuss (see (3) below) the proposed task order terms orally. The Contracting Officer will provide the contractor(s) with guidance on the format, location, and duration of any presentations.

(3) The Contracting Officer may discuss the proposed task order terms with the contractor(s) to ensure mutual understanding of the contractor(s)'s technical approach and/or costs or price and/or to reach mutually acceptable final terms for the task order. If more than one contractor is being considered for the task order, any discussions will be held individually with each contractor.

(4) The task order shall be executed by the contractor and the Contracting Officer.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the contract or task order period of performance end date.

(End of clause)

2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE). (MAR 2016) - ALTERNATE II

(APR 2019)

(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. (1) The Contractor shall obtain access and submit invoices to the Department of

Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL:

https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm in accordance with the instructions on the website. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232-25, "Prompt Payment."

(2) 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., block 14 of the

Standard Form (SF) 26, block 21 of the…