BID PACKAGE

ROOFING REPLACEMENT AT BURTON VILLAGE

REHOBOTH BEACH, SUSSEX COUNTY, DELAWARE

HUD PROJECT NO.

DE004000004

OWNER:

DELAWARE STATE HOUSING AUTHORITY

18 THE GREEN

DOVER, DELAWARE 19901

Issue Date: October 2026

TABLE OF CONTENTS

General Information / Instructions

Invitation to Bid ITB 1

Instructions to Bidders ITB 1-4

HUD-5369, Instructions to Bidders 1-5

Bid Proposal Form BPF 1-5

Bid Submittal Checklist

HUD-5369A, Bidders Certification

BSC 1-2

1-4

Non-Collusion Certification NCC 1

OSHA Compliance Certification OCC 1

Section 3 Employment and Contracting Plan 1-33

HUD Income Limits

DSHA Supplier Diversity Action Plan

Subcontractor Activity Report with Instructions

HUD-5370 General Conditions of the Contract

1-1

1-27

1-2

1-19 for Construction – Public Housing Program

Supplementary Conditions SUPC 1-10

DSHA Supplementary Conditions of the Construction Contract

Equal Employment Opportunity Requirements

1-11

Equal Employment Opportunity Clause

Nondiscrimination in Employment Notice

“Section 3” Compliance in the Provision of Training, Employment and Business Opportunities

Wage Rates WR 1-5

INVITATION TO BID

The Delaware State Housing Authority (DSHA) is soliciting bids from qualified contractors for Roofing

Replacement at Burton Village, 37511 Burton Village Ave, Rehoboth Beach, DE.

Bids on the total price of the work will be accepted until 2:00 p.m., local time on Tuesday, November 10, 2026, at the offices of DSHA, 18 The Green, Dover, Delaware 19901. No bids will be accepted after 2:00 p.m., local time.

No telephone, facsimile or oral bids will be accepted, nor will photocopies be accepted.

A pre-bid meeting will be held at Burton Village community building, Monday October 26, 2026, at 10:00 a.m.

At the meeting, participants will review the scope of work and establish a listing of all subcontractor categories to be included in the bids

Construction documents are available to review online for free at http://bids.delaware.gov. Contractors may obtain bid packages from Jim Bishop at the offices of DSHA for the non-refundable fee of $50.00

PAYABLE BY CHECK ONLY. Each bid shall be submitted in duplicate, in an opaque, sealed envelope with the following endorsement typed or printed in the lower left corner:

SEALED BID – DO NOT OPEN

ROOFING PROJECT AT BURTON VILLAGE

DSHA will not be responsible for any bids opened prematurely because of an improper endorsement. No bid will be considered unless accompanied by a certified check from a solvent bank or trust company in the amount of ten

(10) percent of the bid, or a bid bond in a like amount, drawn to the order of the Delaware State Housing

Authority. The bid bond must be issued by a surety licensed in Delaware and appearing on the U.S. Treasury

Department's list of acceptable sureties. A satisfactory performance bond (100%) and payment bond (100%) will be required to be executed by the bidder who is awarded the contract, said bonds to be issued by a surety licensed in Delaware and appearing on the U.S. Treasury Department's list of acceptable sureties.

This project is funded by the U.S. Department of Housing and Urban Development and Davis-Bacon wage rates will apply.

Bids will not be subject to discrimination on the basis of race, creed, color, sex, sexual orientation, gender identity or national origin in consideration of this award, and Minority Business Enterprises, Disadvantaged Business

Enterprises, Women-Owned Business Enterprises and Veteran-Owned Business Enterprises will be afforded full opportunity to submit bids on this contract. https://business.delaware.gov/osd/

If you have any questions, please contact Jim Bishop at (302) 739-4263 or via e-mail at

Jim.Bishop@delaware.gov

Delaware State Housing Authority

Telephone (302) 739-4263

Equal Opportunity Employer

Equal Housing Opportunity http://bids.delaware.gov/ https://business.delaware.gov/osd/

INSTRUCTIONS TO BIDDERS

BID DOCUMENTS: Bid documents for Roofing Replacement at Burton Village will be available for pick-up for the non-refundable fee of $50.00 PAYABLE BY CHECK ONLY at the Delaware State Housing Authority, 18 The Green, Dover, Delaware 19901. Construction documents are available to review online for free at http://bids.delaware.gov.

BID DUE DATE: Tuesday, November 10, 2026, local time. Submit bids to the

Delaware State Housing Authority, 18 The Green, Dover, Delaware 19901. Bidder guarantees bids to be valid for not less than 60 days from bid due date.

INSTALLATION: To be determined between Owner and successful bidder prior to formal contract award.

CONTRACT DOCUMENTS: Copies of all referenced forms are included in these specifications.

1.01 OWNER: The Delaware State Housing Authority (DSHA) is the Owner and shall herein be referred to as the Owner.

1.02 CONTRACTOR: The Prime Contractor shall be a recognized Contractor who shall bear the complete responsibility for completion of all Work as described in these Specifications and/or indicated on the Drawings.

1.03 DEFINITIONS:

A. "Bid Documents" include the Invitation to Bid, Instructions to Bidders, General and

Supplementary Conditions, the Bid Proposal Form, other sample bidding and contract forms, Representations, Certifications, and Other Statements of Bidders-HUD Form 5369A, Section 3 Requirements and the "Contract Documents," including any addenda issued prior to receipt of bids.

B. Contract Documents consist of the following:

1. Bid Package dated October 2026.

2. Executed "Bid Proposal Form," including the Subcontractors List, and all documents required to be submitted with the bid.

3. Bid Bond.

4. Performance and Payment Bond.

5. The executed Owner-Contractor Contract Form with attachments.

6. All addenda issued prior to and all modifications issued after execution of the Contract.

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http://bids.delaware.gov/

7. Completed and signed Form HUD-5369A, Representations, Certifications and Other

Statements of Bidders.

8. Delaware Business License.

9. Certificate of Insurance.

10. Appendix No. 3 - Section 3 Certification.

11. Technical Specification.

1.04 BIDDERS REPRESENTATIONS: Each bidder by making his/her bid represents that:

A. He/she has read and understands the Bidding Documents and his/her bid is made in accordance therewith. The certification appearing in paragraph 13 of Form HUD-5369A, Representations, Certifications, and Other Statements of Bidders must be completed and signed.

B. His/her bid is based upon the materials, systems, and equipment required by the Bidding

Documents without exception.

C. The Contractor has visited the projects to thoroughly familiarize themselves with the site and the buildings, including, but not limited to, access routes, parking, delivery and storage areas, and compliance of existing conditions with the Documents. Notify the Owner in writing (a minimum of seven {7} calendar days prior to the Bid Due Date) of any condition which deviates from the Documents. Extras will not be allowed for failure to report deviations, if any.

1.05 PRE-BID MEETING AND SITE VISIT: A pre-bid meeting will be held at the Burton Village community building on Monday, October 26, 2026, at 10:00 a.m. At the meeting, the participants will review the scope of work and establish a listing of all subcontractor categories to be included in the bids.

1.06 BIDDING PROCEDURE:

A. Form and Style of Bids: Bids shall be submitted IN DUPLICATE on the form included with these Bidding Documents. All blanks on the bid form shall be filled in by typewriter or manually in ink. The signed Certification Form HUD-5369A must be included with the bid.

Each copy of the Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. (Copy of Bid Proposal form is attached.)

B. Modification or Withdrawal of Bid: A Bid may not be modified, withdrawn or canceled by the

Bidder for a period of sixty (60) days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting his Bid.

C. All bids must include a Subcontractors List, whether or not any subcontractors are used.

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1.07 CONSIDERATION OF BIDS:

A. Opening of Bids: The properly identified Bids received on time will be opened and read aloud publicly at 2:00 p.m. local time, Tuesday, November 10, 2026. NO BIDS WILL BE ACCEPTED AFTER 2:00 P.M., LOCAL TIME, Tuesday, November 10, 2026.

B. Rejection of Bids: The bidder acknowledges that the Owner shall have the right to waive any informalities or to reject any or all bids, or to reject a bid not accompanied by the required bid security or by other data required by the Bid Documents, or to reject a bid which is in any way incomplete or irregular.

C. Acceptance of Bid: It is the intent of the Owner to award a Contract to the lowest qualified, responsive Bidder provided the Bid has been submitted in accordance with the requirements of the Bid Documents and does not exceed the funds available.

D. Bid Submittal:

1.The Bidder shall assume full responsibility for timely delivery of the bid at the location designated for receipt of bids. Oral, fax, or telephone bids are invalid and will not receive consideration. Each bid shall be submitted in original in an opaque, sealed envelope with the following endorsement typed or printed in the lower left-hand corner:

SEALED BID – DO NOT OPEN

ROOFING REPLACEMENT AT BURTON VILLAGE

2.Bids submitted by mail shall be enclosed in an outer envelope addressed to The Delaware State Housing Authority (Owner) with the endorsement in the lower left-hand corner. If a bid is submitted in an envelope which does not contain the aforementioned endorsement, the bid will be subject to rejection by the Owner. Any bid which is prematurely opened because it does not contain the aforementioned endorsement will be rejected by the Owner.

1.08 CONTRACTOR'S PREQUALIFICATION STATEMENT AND QUESTIONNAIRE:

Not used.

1.09 SECURITY AND BOND REQUIREMENTS: Each proposal shall be accompanied by a Bid

Bond utilizing The American Institute of Architects AIA Document A310 or by a certified check from a solvent bank or trust company, made payable to the Owner in an amount equal to 10% of the amount of the proposal, as an evidence of good faith, and to the effect that, if the proposal of the Bidder is accepted, the Bidder will enter into the Contract. Certified checks, or bonds, of unsuccessful Bidders will be returned (a) after the Contract is executed, or (b) when the specified time has elapsed so that bids may be withdrawn, or (c) when all bids have been rejected. If a Surety Bond is submitted with the proposal, the Attorney-in-fact who executes the bond on behalf of the Surety shall affix to the bond a certified and current copy of his Power of Attorney. All bonds must be provided by a corporate surety company licensed to provide bonding in the State of Delaware and whose name appears on the U.S. Treasury's Department's list of acceptable surety companies. The Owner reserves the right to retain the security of the

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three (3) lowest Bidders until the lowest qualified Bidder executes a contract or until sixty (60) days after Bid opening, whichever period is shorter. The bid security of all other Bidders will be returned upon award of contract. Should a successful Bidder refuse or neglect to execute a formal Contract after the award is given him, the bid security deposited by the successful Bidder shall be taken and will become the absolute property of the Owner as liquidated damages. The Owner shall forthwith proceed to collect the Bid Bond taken. The Owner may then award the Contract to the next lowest Bidder or advertise for new bids.

1.10 PERFORMANCE AND PAYMENT BOND: Prior to execution of the Contract, the Bidder shall furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in an amount equal to 100% of the amount of the Contract. The Bonds shall be submitted utilizing The American Institute of Architects AIA Document A312.

Bonds may be secured through the Bidder's usual sources, but must be provided by a corporate surety company licensed to provide bonding in the State of Delaware, and the cost shall be included in the bid (see Supplementary Conditions). The surety must also be listed on the U.S.

Treasury Department's list of acceptable sureties.

1.11 SUBCONTRACTORS LIST: The bidders shall complete and submit with his/her bid the

Subcontractors List Form. A copy of this document is attached.

1.12 PREVIOUS PARTICIPATION CERTIFICATE: not used.

1.13 NON-COLLUSIVE CERTIFICATION: Attach Certification to completed Bid Proposal Form.

A copy of this document is attached.

1.14 OSHA COMPLIANCE CERTIFICATION: Attach Certification to completed Bid Proposal

Form. A copy of this document is attached.

1.15 SECTION 3 EMPLOYMENT AND CONTRACTING PLAN: The bidders shall complete and submit with his/her bid a completed Schedule A Form, signed Schedule A Acknowledgement, completed Existing Employee List Form and a narrative plan on your firm’s letterhead for the outreach, implementation, monitoring and enforcement of the Section 3 Program.

1.16 EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION: Each bidder shall comply with equal opportunity provisions of the Contract and any other Affirmative Action Requirements including Executive Order 11246 and HUD Regulations issued pursuant to Section 3 of the Housing and Urban Development Act of 1968.

1.17 WAGE RATES: All contractors and subcontractors shall be required to pay no less than the prevailing wage rates as determined by the U.S. Department of Labor wage rates. A copy of the wage rate document is included.

END OF INSTRUCTIONS TO BIDDERS

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BID PROPOSAL FORM

TO: Delaware State Housing Authority

18 The Green

Dover, DE 19901

PRE-BID MEETING: Monday October 26, 2026, 10:00 a.m. at Burton Village Community Bldg

DUE DATE: Tuesday, November 10, 2026, 2:00 p.m., local time at the Delaware State Housing Authority Office, 18 The

Green

PROJECT: ROOFING REPLACEMENT AT BURTON VILLAGE

Project No. DE004000004

The undersigned proposes to provide all necessary labor and materials as required and called for in the Contract Documents, dated

October 2026. This proposal shall be valid for a period of sixty (60) days after bid due date. Pursuant to and in compliance with the

Advertisement for Bids posted on the Delaware State Housing Authority’s website and the Information for Bidders relating thereto, the undersigned hereby offers to furnish all plant, labor, materials, supplies, equipment, and other facilities and things necessary, proper, or incidental to the Roofing Replacement at Burton Village, as required by and in strict accordance with the applicable provisions of the Plans and Specifications and all Addenda issued by the Delaware State Housing Authority or its Architect, for the amount bid based on the following lump-sum prices:

Contract Time: 130 Calendar Days

Liquidated Damages: $100.00 Per Calendar Day

Base Bid

Total Amount of Lump Sum Base Bid : $____________________________

Total Amount Bid Written Out, Base Bid: (write out amount below)

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SIGNATURE NAME & TITLE (TYPE OR PRINT)

BID DATE COMPANY NAME

I acknowledge receipt of each addendum to this solicitation as follows:

LIST EACH ADDENDUM RECEIVED: _________________________________________________

FIRM NAME _________________________________________________________________

AUTHORIZED SIGNATURE ______________________________________________________

TYPED NAME AND TITLE ______________________________________________________

BUSINESS ADDRESS ____________________________________________________________

TELEPHONE NO. _________________ FAX NO. __________________ DATE____________

EMAIL _________________________________________________________________________

ATTACHMENTS: (1) Bid Bond or certified check in an amount equal to 10% of the amount of the proposal.

(2) Subcontractors List.

(3) Change Orders.

(4) Signed Certification, Form HUD-5369A.

(5) Non-collusion Certification.

(6) OSHA Compliance Certification.

(7) Schedule A Employment Needs Form, Schedule A Acknowledgement, Section 3

Narrative Plan, Existing Employee List

(8) Construction Plan

(9) Construction Schedule with milestones for each building, including Gantt Chart with Critical Path to Substantial Completion

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PROJECT NAME: ROOFING REPLACEMENT AT BURTON VILLAGE

SUBCONTRACTORS LIST

In accordance with Title 29, Chapter 6962 (d)(10)b Delaware Code, the following sub-contractor listing must accompany the bid submittal. The name and address of the sub-contractor must be listed for each category where the bidder intends to use a sub-contractor to perform that category of work. In order to provide full disclosure and acceptance of the bid by the Owner, it is required that bidders list themselves as being the sub-contractor for all categories where he/she is qualified and intends to perform such work.

Subcontractor Category Subcontractor Address (City & State)

1. Laborer: General _______________________ ________________________

2. Laborer: Unskilled _______________________ ________________________

3. Carpenter _______________________ ________________________

4. Electrician _______________________ ________________________

5. Framer _______________________ _________________________

6. Plumber _______________________ _______________________

7. Roofer _______________________ ________________________

8. _______________________ ________________________

9. _______________________ ________________________

10. _______________________ ________________________

BY:

TITLE: _______________________

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CHANGE ORDERS

Except for items for which Unit Prices have been stated as required herein, in the event that an adjustment must be made to the Contract Sum because of Change Orders or Construction

Change Directives, as described in Section 29 of the General Conditions, the bidder shall not exceed the following combined percentage mark-ups for overhead and profit.

1. For the Contractor, for Work performed by the Contractor’s own forces, Fifteen percent, 15% of the cost.

2. For the Contractor, for Work performed by the Contractor’s Subcontractor, Five percent, 5% of the cost.

3. DSHA Change Order Requirements

A. Approval: All change orders must receive written approval by DSHA which must be prior to the initiation of work described in the change order. All change orders must be approved by the architect, contractor, and DSHA where applicable.

B. Document Form: Change orders must be submitted on standard AIA forms and be initiated by the architect at the request of DSHA or the contractor.

C. Changes to Plan and Specifications: All material changes in the plans and specifications require a change order regardless of cost.

D. Reconciliation of Allowances: All allowances included in the contracted price must be accounted for and reconciled with a change order.

E. Change Order Substantiation:

1. A detailed breakdown of all materials, labor, and mark-up must be provided for all change orders and submitted to the architect for review prior to initiation of the change order. This allows DSHA, the architect and the contractor to quickly determine if the appropriate charges are included in the change order.

2. All materials must be billed at and supported by invoices or estimates or suppliers estimates. All labor must be billed at cost. Specific amounts of materials and labor must be shown on the proposal from the subcontractor.

F. General Contractor and Sub-contractor Mark-up: The maximum percentages for general contractor and subcontractor mark-up are included in this form above.

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G. Example: An example of a properly documented change order is given below:

1. Example Mark-up Percentages

a. Subcontractor performs work: 15% maximum

b. General Contractor Mark-up on Subcontractor work for overhead and general requirements: 5% maximum

c. General Contractor performs work himself: 15% maximum

2. Subcontractor of General Contractor performing the work:

Materials 200 Standard outlet boxes @ $2.05 each $410.00 100 Duplex outlets @ $1.50 each $150.00 100 single pole switches @ $1.64 each $164.00 1000 lin. Ft. of 12/2 wire @ $0.24/lf $240.00

Subtotal $964.00

Labor

8 hrs. labor each unit @ $45/hr. x 35 units $12,600.00

Subtotal Labor and Materials $13,564.00

Mark-up (15% Maximum) 2,034.60

Sub or General Contractor Total $15,598.60

3. General Contractor Mark-up on Subcontractor Work:

Subcontractor Total (from section 2 above) $15,598.60

Mark-up (5% Maximum) 779.93

General Contractor Total $16,378.53

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BID SUBMITTAL CHECKLIST

BID INFORMATION

1. Bidder: ___________________________________________________________

2. Project Name: Roofing Replacement at Burton Village

3. Project Location: 37511 Burton Village Ave, Rehoboth Beach, De

4. Owner: Delaware State Housing Authority

5. HUD Project Number DE004000004

6. Architect/Engineer: Studio Jaed

BIDDER’S CHECKLIST

In an effort to assist the Bidder in properly completing all documentation required, the following checklist is provided for the Bidder’s convenience. The Bidder is solely responsible for verifying compliance with bid submittal requirements as outlined in the ‘Instructions to Bidders’ section of this manual.

Used the Bid Form provided in the Project Manual.

Prepared the Bid Form as required by the Instructions to Bidders.

Indicated on the Bid Form: the Addenda received.

Indicated on the Bid Form: Base Bid Lump Sum.

Bid envelope: Bid submitted in original in an opaque, sealed envelope with proper endorsements title typed or printed in lower left-hand corner per Bid Submittal instructions.

“SEALED BID – DO NOT OPEN”

“PROJECT NAME”

Bid envelope shows name and address of the Bidder.

Bid envelope shows time and day of Bid Opening.

Attached to Bid Form: Bid Bond or a Certified Check for the amount required.

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Verified as Included in bid submittal – from Section 3 Employment and Contracting

Plan; Completed Schedule ’A’ Form.

Verified as Included in bid submittal – from Section 3 Employment and Contracting

Plan; Signed Schedule ‘A’ Acknowledgement.

Verified as Included in bid submittal – from Section 3 Employment and Contracting

Plan; Complete Existing Employee List Form.

Verified as Included in bid submittal – from Section 3 Employment and Contracting

Plan; Completed Narrative Plan on Bidder’s Company letterhead outlining the outreach, implementation, monitoring and enforcement of the Section 3 program.

Verified that the Bidder can provide Certificates of Insurance in the amounts indicated.

Verified that the Bidder can provide executed 100% Performance and 100% Payment

Bond.

Included in bid submittal: Bidder’s OSHA Compliance Certification.

Included in bid submittal: Bidder’s Non-Collusion Certification.

Included in bid submittal: Completed HUD-5369A.

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form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications, and Other Statements of Bidders

Public and Indian Housing Programs

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs

Table of Contents

Clause Page

1. Certificate of Independent Price Determination 1

2. Contingent Fee Representation and Agreement 1

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1

4. Organizational Conflicts of Interest Certification 2

5. Bidder's Certification of Eligibility 2

6. Minimum Bid Acceptance Period 2

7. Small, Minority, Women-Owned Business Concern Representation 2

8. Indian-Owned Economic Enterprise and Indian Organization Representation 2

9. Certification of Eligibility Under the Davis-Bacon Act 3

10. Certification of Nonsegregated Facilities 3

11. Clean Air and Water Certification 3

12. Previous Participation Certificate 3

13. Bidder's Signature 3

1. Certificate of Independent Price Determination

(a) The bidder certifies that--

(1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition.

(b) Each signature on the bid is considered to be a certification by the signatory that the signatory--

(1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

_______________________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.

[ ] [Contracting Officer check if following paragraph is applicable]

(d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000)

(1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid.

2. Contingent Fee Representation and Agreement

(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter.

(b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract.

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification.

Page1 of 3 x

6. Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days.

(d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require-ment. The bidder allows the following acceptance period:

calendar days.

(e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected.

(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above.

7. Small, Minority, Women-Owned Business Concern Representation

The bidder represents and certifies as part of its bid/ offer that it --

(a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera-tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are:

(Check the block applicable to you)

[ ] Black Americans [ ] Asian Pacific Americans

[ ] Hispanic Americans [ ] Asian Indian Americans

[ ] Native Americans [ ] Hasidic Jewish Americans

8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

The bidder represents and certifies that it:

(a) [ ] is, [ ] is not an Indian-owned economic enterprise.

"Economic enterprise," as used in this provision, means any com-mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned.

"Indian," as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act.

(b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body.

Indian "tribe" means any Indian tribe, band, group, pueblo, or

(b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation;

(2) If any funds other than Federal appropriated funds (includ-ing profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and

(3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determina-tion and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision.

4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities:

(a) Result in an unfair competitive advantage to the bidder; or,

(b) Impair the bidder's objectivity in performing the contract work.

[ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement.

5. Bidder's Certification of Eligibility

(a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcon-tractors, is ineligible to:

(1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or,

(2) Participate in HUD programs pursuant to 24 CFR Part 24.

(b) The certification in paragraph (a) above is a material represen-tation of fact upon which reliance was placed when making award.

If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs.

community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

9. Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts exceeding $2,000)

(a) By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.

S. Criminal Code, 18 U.S.C. 1001.

10. Certification of Nonsegregated Facilities (applicable to contracts exceeding $10,000)

(a) The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Con-tract for Construction.

(b) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

(c) By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract.

(d) The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will:

(1) Obtain identical certifications from the proposed subcon-tractors;

(2) Retain the certifications in its files; and

(3) Forward the following notice to the proposed subcontrac-tors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

11. Clean Air and Water Certification (applicable to con-tracts exceeding $100,000)

The bidder certifies that:

(a) Any facility to be used in the performance of this contract [ ] is, [ ] is not listed on the Environmental Protection Agency List of Violating Facilities:

(b) The bidder will immediately notify the PHA/IHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and,

(c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

12. Previous Participation Certificate (applicable to construction and equipment contracts exceeding $50,000)

(a) The bidder shall complete and submit with his/her bid the Form HUD-2530, "Previous Participation Certificate." If the successful bidder does not submit the certificate with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the certificate by that date may render the bid nonresponsive.

No contract award will be made without a properly executed certifi-cate.

(b) A fully executed "Previous Participation Certificate"

[ ] is, [ ] is not included with the bid.

13. Bidder's Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

(Signature and Date)

(Typed or Printed Name)

(Title)

(Company Name)

(Company Address)

NON-COLLUSION CERTIFICATION

Bidder's Name: ___________________________________

Address: ________________________________________

Project: _________________________________________

Project No.: _____________________________________

This is to certify that neither the above named Bidder, nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner or any person interested in the proposed Contract; and the price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest.

(Signed)_____________________________________

Title

Date

SEAL - If Bidder is a Corporation

ATTEST: ______________________________________

NCC-1

STATEMENT OF COMPLIANCE WITH

THE OCCUPATIONAL SAFETY AND HEALTH ACT

(Contractor) proposes to perform work for the Delaware State Housing Authority and hereby certifies to the following:

1. The Contractor has knowledge of the Occupational Safety and Health Act with additions, revisions, and/or modifications, as well as any State and Local regulations and requirements.

2. Our employees and equipment will comply with the Act and/or additions, revisions, and/or modifications and any present or future State and Local regulations or requirements.

3. Our company will be responsible for any infraction of the Occupational Safety and

Health Act requirements, additions, revisions and/or modifications and any State and Local regulations or requirements.

Company

By _______________________________

Title _____________________________

ATTEST:

Date ____________________________

OCC-1

DELAWARE STATE HOUSING AUTHORITY

SECTION 3 EMPLOYMENT

AND CONTRACTING PLAN

MARCH 1, 2010

GENERAL ORDER NO. 546 ADOPTING

A SECTION 3 EMPLOYMENT AND

CONTRACTING PLAN

WHEREAS, the Delaware State Housing Authority’s (DSHA) Affirmative Action Plan previously covered Section 3 employment and contracting in general terms; and

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) now requires a separate Plan adopting specific detailed policies DSHA will enforce with respect to Section 3 Compliance.

NOW THEREFORE BE IT ORDERED AS FOLLOWS:

1. The attached Section 3 Employment and Training Plan is adopted effective March 1, 2010.

2. Any substantive amendments to the Plan will be accomplished by a subsequent General Order.

Anas Ben Addi Date Director

Table of Contents

I. Purpose

II. DSHA/HUD Programs Subject to Section 3

III. Goals

IV. Certification Procedures

V. Notification Procedures

VI. Procurement

VII. DSHA Section 3 Enforcement

VIII. DSHA Recordkeeping

I. Purpose

• The general purpose of the Section 3 Program is to ensure that economic opportunities generated by certain HUD funded projects shall, to the greatest extent feasible, and consistent with existing Federal and State laws, be directed to low- and very low-income persons (particularly those receiving assistance for housing), and to the businesses that provide economic opportunities to these persons.

• The purpose of this Plan is to describe the policies DSHA will follow to ensure its compliance with Section 3 requirements. DSHA is responsible for new employment, training, contracting opportunities created during the expenditures of covered construction funding noted below.

II. DSHA/HUD Programs Subject to Section 3

• Public Housing Operations program

• Capital Fund program

• Community Development Block Grant program

• HOME Investment Partnerships program

• Neighborhood Stabilization program

• Resident Opportunity and Supportive Services Note: Programs such as HOPWA and ESG do not meet the minimum dollar threshold for Section 3 Compliance.

III. Goals

The federal goals for employment and contracting are as follows:

• 30 percent of new hires for DSHA and contractors/subcontractors;

• 10 percent of all construction contracts

• 3 percent of all other contracts

IV. Certification Procedures for Section 3 Residents and Businesses

• Section 3 Residents: Residents of Public Housing, or low- and very low-income persons residing in Kent and Sussex Counties, and New Castle County as applicable. A Section 3 resident will complete the Resident Certification form found under Attachment A.

• Section 3 Businesses: Businesses who are 51 percent owned by Section 3 residents, whose workforce includes 30 percent of these Section 3 residents as employees, or who claim Section 3 status by subcontracting 25 percent of the dollars awarded to a qualified Section 3 business. A Section 3 business will complete the Section 3 Business Certification form found under Attachment B.

V. Notification Procedures

• As a Moving To Work (MTW) participant, DSHA provides numerous opportunities for training (see MTW Plan).

• The Section 3 Coordinator will maintain lists of certified Section 3 residents and businesses.

• Identified Section 3 residents/businesses will be personally notified by the Section 3 Coordinator.

• The Section 3 Coordinator is Doris Hall, Housing Management Specialist.

• Contractors/Subcontractors will be notified of the Section 3 requirements in bid/proposal packages, reviewed during pre-bid meetings and workshops and provided a copy of this Section 3 Employment and Contracting Plan and certify its receipt.

VI. Procurement

• The Section 3 clause is included as part of the standard federal contract language via DSHA’s Procurement Policy, standard CDBG contract form, HUD forms 5370 and 5369- A, and DSHA’s Supplementary Conditions for Construction Contracts (see Attachment C, Section 3 Contract Clause).

• The Section 3 needs of contractors will be assessed at the time of contract award, and coordinated by DSHA with certified Section 3 residents and businesses as applicable. See Attachment D, Section 3 Procurement – only those bidders in compliance with this part will be considered “responsible bidders”.

VII. DSHA Section 3 Enforcement

• The key to DSHA Section 3 contractor/subcontractor compliance will be better upfront communication of Section 3 requirements, the certification of contractors with respect to whether new hires are required, the identification of “core” employees at contract award, and the monitoring of contractor/subcontractor’s payrolls to document the certification at time of contract.

• Penalties for contractor/subcontractor noncompliance will be:

a. Written warning;

b. Suspension from DSHA contracting for six (6) months;

c. And finally, debarment from DSHA contracting opportunities.

• Any such actions of suspension/debarment will be posted on DSHA’s web site.

VII. DSHA Recordkeeping

DSHA will keep records of the following:

• Notification and recruitment;

• Vacancy position announcements for both DSHA and its contractors/subcontractors;

• Participation in local events, eg. Section 3 workshops, training, etc.

• Signed contracts;

• Annual Form 60002 submission by 1/10; HUD/CPD annual submissions will be accomplished with the Consolidated Annual Performance Evaluation Report.

• Section 3 program policies, forms, lists, etc. to be added to web site;

• Monitoring reports to explicitly cover Section 3 compliance of subrecipients, contractors, and subcontractors; see Attachment E.

ATTACHMENT A:

SECTION 3 RESIDENT CERTIFICATION FORM

DELAWARE STATE HOUSING AUTHORITY (DSHA)

SECTION 3 RESIDENT CERTIFICATION FORM

Eligibility for Preference

A Section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.)

Certification for Resident Seeking Section 3 Preference in Training and Employment

I, , am a legal resident of the and meet the income eligibility guidelines for a low- or very-low-income person as published on the reverse.

My permanent address is:

I have attached for following documentation as evidence of my status.

o Copy of lease o Copy of Evidence of participation in a public assistance program o Copy of receipt of public assistance o Other evidence

Signature

Print Name Date

SECTION 3 INCOME LIMITS

All residents of public housing developments of DSHA qualify as Section 3 residents.

Additionally, individuals residing in Kent and Sussex Counties who meet the income limits, can also qualify for Section 3 status.

A picture identification card and proof of current residency is required.

ATTACHMENT B:

S…