DU205NC-14-R-0001.pdf
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- DU205NC-14-R-0001
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TABLE OF CONTENTS
SECTION B - SUPPLIES OR SERVICES/PRICES
SECTION C - PERFORMANCE WORK STATEMENT
SECTION D - PACKAGING AND MARKING
SECTION E - INSPECTION AND ACCEPTANCE
SECTION F - DELIVERIES AND PERFORMANCE
SECTION G - CONTRACT ADMINISTRATION DATA
(BLANK)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION I - CONTRACT CLAUSES
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS. . . 85
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENT
OF BIDDERS
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS
SECTION M - EVALUATION FACTORS FOR AWARD
SECTION B - Supplies or Services/Prices
B.1 SCHEDULE OF SERVICES
Offeror is to provide the unit prices for CPAA Services. The contractor must perform the work according to the attached
Performance Work Statement.
The government is providing the minimum and maximum quantities and/or values for information purposes only. The government is not required to procure the minimum or maximum quantities for the below periods.
LINE ITEM TABLE
CLIN Description Quantity Unit Unit Price Amount
0001 CPAA Year One
(Effective date of the contract to one year thereafter)
EA
0001AA Initial CPAA Review 2400 EA
0001AB Recertifications CPAA 1550 EA
1001 CPAA Year Two
(Effective date of the contract to one year after award of contract to two years thereafter)
1001AA Initial CPAA Review
2400 EA
1001AB Recertifications 1550 EA
2001 CPAA Review Year Three
(Effective date of the contract to two years after award of contract to three years thereafter)
2001AA Initial CPAA Review
2001AB Recertification 1550 EA
3001 CPAA Year Four
(Effective date is three years after award of contract to four years thereafter)
3001AA Initial CPAA Review
3001AB Recertifications 1550 EA
4001 CPAA Review Year Five
(Effective date is four years after award of contract to five years thereafter)
4001AA Initial CPAA Review
4001AB Recertification 1550 EA
Grand Total
SECTION C – PERFORMANCE WORK STATEMENT
Condominium Project Approval Application (CPAA) Review
Philadelphia Homeownership Center (PHOC)
C-1 GENERAL INFORMATION
1.1 General. This is a non-personnel services contract to
provide detailed technical reviews, on an as-needed basis, of Condominium Project Approval Applications (CPAAs). The
Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers must be accountable solely to the Contractor who, in turn is responsible to the
Government.
1.2 Background. In accordance with the Housing and Economic
Recovery Act of 2008 (HERA) the Federal Housing
Administration (FHA) implemented a new approval process for
Condominium Projects that would allow individual units in
FHA-approved projects to be eligible for FHA mortgage insurance under Section 203(b) of the National Housing Act.
Under the current guidance contained in Mortgage Letters
2011-22 & 2012-18, and subsequent updates if any, Condominium Projects may be approved by Direct Endorsement
Lenders following the Direct Endorsement Lender Review and
Approval Process (DELRAP) or by submitting a Condominium
Project Approval Application (CPAA) to HUD for approval under the HUD Review and Approval Process (HRAP). For CPAAs submitted to HUD for approval, HUD will be responsible for the initial approval of eligible Condominium Projects, subsequent bi-annual recertification’s, and for maintaining a list of all approved Condominium Projects that is accessible to both the Government and individuals with interest in the housing market.
Initial Applications (including Reconsiderations); and
Recertification’s (including Reconsiderations). FHA mortgage insurance cannot be issued on an individual unit within a project that is not on the FHA list of approved condominiums. Delays in processing CPAA's can reduce the number of available housing units that are eligible for
FHA-insured mortgages; therefore, it is essential that
CPAAs are processed expediently in keeping with HUD's mission of providing affordable housing.
1.3 Objectives. The overall objective of this contract is to
support the President's goal of making more affordable homes available for homeownership by acting quickly to review CPAAs for approval. The expeditious processing of
CPAAs will make it possible for the Department to bolster the housing market by making thousands of individual condominium units available to homebuyers seeking FHA program and mortgage insurance assistance.
1.4 Constraints. The services identified in this PWS will
adhere to the rules, regulations, laws, standards and conventions identified by HUD as well as within the Federal
Government. Constraints may include but are not limited to:
HUD regulations, Mortgagee Letters, IT Standards etc.
1.5 Description of Services. A full detailed review and
analysis of each CPAA assigned under the contract render a decision of approval or rejection based on HUD's Review and
Approval Process (HRAP) regulations and guidelines, and enter clear, complete and accurate project information into
FHA Connection. A full detailed review includes the review and analysis of the entire CPAA for compliance with the statutory and regulatory requirements of the appropriate sections of the National Housing Act (NHA), the Code of
Federal Regulations (CFR) and all HUD/FHA policies, procedures and guidelines. The Contractor's detailed review and analysis of each package is for the purpose of rendering an accurate decision of project approval or rejection.
1.6 General Information.
a) There are two basic types of CPAAs that may be assigned to the Contractor:
(1) Initial CPAA: An Initial CPAA is the application for certification for a Condominium Project that has not previously been approved by HUD for FHA mortgage insurance or deemed to be the equivalent of a first submittal due to circumstances such as the amount of time that has elapsed since a prior submission or the time since the last recertification.
This category also includes Reconsiderations which are submissions of information and/or documentation to correct any deficiencies, errors or omissions found during the review of the Initial CPAA package. When an Initial CPAA is rejected, the submitter may submit corrective information/ documentation. Review of the corrective submission, within
12 months of the date of rejection, will not result in any additional fees payable to the Contractor.
Reconsiderations received after the 12 month timeframe must be forwarded to the GTR/GTM.
(2) Recertification’s: Recertifications are CPAA’s that are submitted for previously approved Condominium Projects that are reaching their two-year expiration date and require recertification.
This category also includes Reconsiderations which are submissions of information and/or documentation to correct any deficiencies, errors or omissions found during the review of the Recertification CPAA package. When a
Recertification CPAA is rejected, the submitter may submit corrective information/ documentation. Review of the corrective submission, within 12 months of the date of rejection, will not result in any additional fees payable to the Contractor. Reconsiderations received after the 12 month timeframe shall be forwarded to the GTR/GTM for processing.
b) CPAA packages submitted to HUD shall be processed following the same guidance provided for condominium projects and will require the Contractor to determine if the project, based on the CPAA, is eligible for HUD/FHA approval, thus making the individual units within the project eligible for
FHA-insured mortgages.
c) The GTR/GTM will only assign Reconsideration submissions to the Contractor for those projects that had previously been reviewed by the Contractor. The Contractor shall render a decision of project approval or rejection based on the combined analysis/review of their prior review(s) of the project with that of the Reconsideration submission package. Since the Contractor will have previous knowledge of the package, a Reconsideration review will not result in any additional fee, if documentation is received within 12 months from the date of rejection. Reconsiderations received after the 12 month timeframe must be forwarded to the GTR/GTM. The Contractor is to add any reconsideration received for processing to the monthly assignment log on the day of receipt. However, should the GTR/GTM assign a
Reconsideration submission for a CPAA that was originally reviewed and rejected by someone other than the Contractor, the assignment will be considered an Initial CPAA for pricing purposes.
d) In the case of Recertification reviews, the Contractor will review and analyze each Recertification CPAA and render a decision of approval (to recertify) or rejection based on
HUD regulations and guidelines for Recertification, and enter clear and accurate project information into FHA
Connection.
e) The Contractor shall be responsible when they render a decision to approve or reject a Condominium Project including but not limited to the completion and technical accuracy data entry input.
f) The Contractor is responsible for ensuring that the
Contractor and the contractor’s staff maintain current knowledge of HUD/FHA rules, regulations, policies, procedures, mortgagee letters and guidelines with regard to condominium project approval.
1.6.1 Non Personal Services. The Government will neither
supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the
Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor feels any action constitutes, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer immediately. These services shall not be used to perform work of a policy, decision making or management nature, i.e. inherently Government functions. All decisions relative to programs supported by the Contractor shall be the sole responsibility of the Government.
1.6.2 Period of Performance. The period of performance shall be for five (5) years.
1.6.3 Place of Performance. The services to be performed under this contract shall be performed on-site at the
Philadelphia Homeownership Center, Department of Housing and Urban Development, 100 Penn Square East, 12 th Floor, Philadelphia, PA 19107.
1.6.4 Hours of Operation. The Contractor is responsible for
providing services between the hours of 8:00 a.m-4:30 p.m.
EST, Monday thru Friday except Federal holidays or when the
Government facility is closed. The Contractor is also responsible for ensuring that key personnel are available during the core work hours of 8:00a.m – 4:30p.m. EST, Monday thru Friday except Federal holidays or when the
Government facility is closed. Weekly hours shall not exceed a forty (40) hour work week and a typical work day will be 8 hours each day Monday through Friday. The
Government reserves the right to change hours of operation or restrict contractor access. Work outside these daily hours is prohibited without Contracting Officer approval.
Government agencies will not be available during scheduled holidays, inclement weather, weekends, after duty hours.
The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within the Contract when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.
1.6.5 Physical Security: The contractor must be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, the contractor must secure all government facilities, equipment, and materials.
1.6.6 Key Control: The Contractor must establish and implement methods of making sure all keys/key cards issued to the
Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government may be duplicated. The Contractor must develop procedures covering key control that must be included in the Quality Control Plan. Such procedures must include turn-in of all keys issued to personnel who no longer require access to locked areas. The Contractor must immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.
In the event that keys, other than master keys, are lost or duplicated, the Contractor must, upon direction of the
Government Technical Representative, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks must be deducted from the monthly payment due the Contractor. In the event that a master key is lost or duplicated, all locks and keys for that system must be replaced by the Government and the total cost deducted from the monthly payment due the
Contractor.
The Contractor must prohibit the use of Government issued keys/key cards by any persons other than the Contractor's employees. The Contractor must prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.
1.6.7 Special Qualifications. At the commencement of the
contract, each of the Contractor’s employees must attend and successfully complete the Condominium Project Approval
Process training to meet the HUD specific qualification necessary to successfully perform the requirements of this contract. This training shall be held at the Philadelphia
Homeownership Center.
1.6.8 Post Award/Kickoff Conference. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart
42.5 at no additional cost to the government.
1.6.9 Status Meetings. The Contracting Officer, Government
Technical Representative (GTR) and other Government personnel, as appropriate may meet periodically with the
Contractor to also review Contractor performance, requirement status, etc. At these meetings, the
Contracting Officer will apprise the Contractor of how the
Government views the Contractor’s performance or progress of the requirement. The Contractor shall apprise the
Government of problems, if any, being experienced. The
Contractor must take appropriate action to resolve performance or progress issues already raised by the
Government. These meetings shall be at no additional cost to the Government. Post award conference and subsequent meetings may be held via teleconference.
1.6.10 Government Technical Representative (GTR): The GTR is
identified in the contract. The GTR monitors all technical aspects of the contract and assists in contract administration The GTR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the GTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the GTR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The GTR is not authorized to change any of the terms and conditions of the contract.
1.7 Transition Period. The Contractor recognizes that the
services under this PWS are vital to the Government and must be continued without interruption and that upon contract expiration, a successor which may be either the
Government or another Contractor, may continue them. In order to ensure a smooth transition of services at the beginning and end of contract performance, the Contractor shall provide a Transition-In and a Transition-Out Plan.
The Contractor shall, upon the CO’s written notice, furnish
Transition-In and/or Transition-Out services as required.
The Contractor shall provide sufficient experienced personnel during the Transition period to ensure that the services called for by this PWS are maintained at the required level of proficiency. The Contractor shall participate in transition meetings with the Government as required.
1.7.1 Transition-In. The Contractor shall, upon the CO’s written notice, furnish Transition-In services as required. As a successor, the Contractor shall have sufficient personnel on board, at no additional cost to the Government, during the sixty (60) day Transition-In period to ensure a smooth transition with the incumbent Contractor. The Contractor shall provide an orderly transition of work acceptance and accomplishment such that any impact to a program is minimized. During the Transition-In period, the Contractor shall become familiar with the requirements in order to commence full performance of services by the end of the contract Transition-In period. Transition-In is not required if the successor Contractor is the incumbent
Contractor.
1.7.2 Transition-Out. To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the Contractor shall have sufficient personnel on board, at no additional cost to the Government, during the sixty (60) day Transition-Out period. The incumbent
Contractor shall ensure a smooth transition with the successor Contractor during the Transition-Out period, prior to completion of contractual performance. The incumbent Contractor shall aid the successor in the development of plans, procedures and methods for the assumption of all on going work. The Contractor shall provide an orderly transition of work acceptance and accomplishment, such that full control by the successor contractor is achieved by the end of the new contract
Transition-In period.
2 APPLICABLE REGULATIONS/MANUALS/DOCUMENTS/PUBLICATIONS.
The Contractor shall abide by all applicable regulations, publications, manuals, policies and procedures in the performance of this contract. This shall include all published Mortgagee
Letters, “The Condominium Processing Guide” and Federal
Regulations which can be found on HUD’s website.
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/condo
3 GOVERNMENT FURNISHED PROPERTY AND SERVICES. The Contractor shall http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/condo ensure accurate control and accountability of all Government
Furnished Property ("GFP") in accordance with terms and conditions of this contract. The Government will furnish, at no cost to the Contractor, the GFP shown below in sections 3.1 to
3.3.
3.1 Facilities. The Government will provide necessary workstations at the Philadelphia Homeownership Center.
3.2 Equipment. The Government will provide computers for each position identified under this contract. Each computer will have the basic necessary software required to perform the duties ascribed to the requirement. Each workstation provided by the
Government may have a phone, desk and chair. Each computer that must be linked to local servers and/or the internet will be so linked. Additional furniture may be provided upon a determination of need by the Government. The Government will provide access to a phone, facsimile machine and printer.
3.3 Materials. The Government will provide copier paper, file folders and labels for all tasks relating to the processing of
CPAAs. All materials will remain the property of the Government and will be returned to the GTR upon request or at the end of the contract period.
3.4 Quality Assurance (QA)
a. Acceptable Performance Level (APL). The Contractor must deliver a minimum of 90% of the completed reviews free of error. An error is where HUD disagrees with a Contractor's decision for approval or rejection of the CPAA. For the purposes of this contract, an error is defined as the following:
UNACCEPTABLE:
(1) HUD changes a rating of "Approved" to "Rejected"
(2) HUD changes a rating of "Rejected" to "Approved"
DEFICIENT:
An error that does not result in the status of the project being changed from “approved to Rejected” or “Rejected to
Approved”; examples would be data entry errors, missing documentation that would not deem the project ineligible, etc.
b. For each invoice submission period, HUD must randomly select and review a representative sample (a minimum of 10%) of the completed reviews for which the Contractor is requesting payment to determine whether any selected CPAAs contain errors. The error rate will be determined by dividing the number of CPAAs found to have an error by the total number of CPAAs selected by HUD in the random sampling. HUD may adjust the number of CPAAs reviewed as warranted by the Contractor's historical error rate.
c. The Contractor has a three-month forbearance period beginning with the effective date of this contract, during which HUD will not assess monetary deductions for failing to meet the Acceptable Performance Level requirements specified in the contract. Nevertheless, HUD must perform all QA requirements during that period and provide feedback to the Contractor on his/her performance. The QA deduction requirements will begin with the first invoice period after the three-month forbearance period.
4 CONTRACTOR FURNISHED ITEMS AND SERVICES: The Contractor shall furnish all supplies, equipment and services required to perform work under this contract that are not listed under Government furnished Property.
4.1 Contractor Responsibilities: The Contractor must conduct
business only with designated Government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Contracting
Officer or GTR, in writing and updated as necessary throughout the contract period.
U.S. Government records, copies of original results and reports, verified original data, corrected data and corrected supporting final reports which are maintained by the Contractor remain the property of the U.S. Government.
These files/results must be surrendered to the GTR immediately upon request.
4.2 Contractor Personnel: The Contractor shall provide a
Contract Manager/Project Manager who shall be responsible for the performance of work. An alternate shall also be designated to act in the absence of the Contract Manager.
These Contractor personnel (main point of contact and alternate point of contact) are considered Key Personnel by the Government and shall be listed as such in accordance with HUDAR 2452.237-70, “Key Personnel”. The Contract
Manager/Project Manager or alternate shall have full authority to act on all contract matters relating to daily operations of this contract. Accordingly, at a minimum, the points of contact shall have the technical knowledge of the requirement and be in the position to actually receive assignment, guidance and direction from the GTR, GTM and CO per HUDAR 2452.237-73, Conduct of Work and Technical
Guidance and shall be allocated enough hours to the requirement to ensure successful performance. These points of contact shall each be an employee of the Contractor. An employee of a subcontractor is not acceptable for either of these positions. The Contract Manager/Project Manager or alternate shall be available between the hours of 8:00am to
4:30pm EST, Monday through Friday EST, except Federal
Holidays or when the Government facility is closed.
Qualifications for all key personnel are listed below:
Contract Manager: Experience in government contracting management and compliance with government contracting requirements.
Quality Control Manager: Experience with the subject matter, current FHA regulations, HUD Handbooks, policies, guidelines and systems. Government prefers background in
Underwriting.
DE Underwriter: Experience in condominium processing would be ideal. Knowledge of current FHA Condominium guidelines is required. However, basic knowledge of legal documents, condominium reserve study reviews, and financial statement analysis can be utilized.
4.3 Identification of Contractor Employees: All
Contractor/subcontractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, over the telephone or via electronic mail, Contractor/subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees.
Contractors/subcontractors shall identify themselves as such on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation. Where practicable, Contractor/subcontractors occupying co-located space with their Government program customers shall identify their work space area with their names and company affiliations, or at a minimum, “Contractor” after name.
4.4 Quality Control: The Contractor shall establish and
maintain a complete Quality Control Program that shall ensure that services are performed in accordance with this contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which it assures itself that its work complies with the requirements of the contract. The
Contractor shall provide the Quality Control Plan to the
Government as directed.
4.5 Quality Control Plan: The Contractor shall develop, maintain, enforce and document a Quality Control Plan
(QCP). The QCP shall ensure that the Government receives the level of quality that is consistent with the requirements specified in this contract. The QCP shall be sufficiently detailed to provide the Contractor’s methodology for identifying and recruiting qualified personnel. The QCP shall also provide the Contractor’s methodology for resolving problems identified by the
Government during reviews. The QCP shall also provide the
Contractor’s methodology for establishing an internal feedback system for support personnel, and for resolving problems identified by that feedback system. The QCP shall demonstrate that the services or deliverables to be provided under the contract are completed with a level of quality that meets the minimum performance threshold established in the Government’s QASP. The QCP shall address Quality Management Approach, Quality Assurance, Quality Control and Quality Standards.
After acceptance of the Quality Control Plan the contractor must receive the Contracting Officer's acceptance in writing of any proposed change to his Quality Control Plan.
The Contractor's QC Plan must include quality control review of a minimum of 10% of all CPAAs completed by the
Contractor. This quality control review must be performed by staff experienced in FHA condominium project approval requirements and may not be completed by the original reviewer.
The Contractor shall develop and maintain a Quality Control
Review Sheet which:
a. Lists all CPAAs that have been reviewed for quality control pursuant to this clause. The Quality Control Review Sheet shall be designed to permit HUD to easily extract the information requested.
b. For each quality control review, include a statement by the
Contractor's QC reviewer as to whether they agree or disagree with the approval or rejection given by the original reviewer and any changes and comments.
c. The quality control review shall be signed and dated by the reviewer. The reviewer must print or type his/her name.
The Contractor will submit completed Quality Review Sheets to the GTR on a monthly basis with the Contractor's invoice for payment. The Contractor will provide copies of his/her final QC plan and Quality Control Review Sheet (if applicable) to the Contracting Officer and GTR at the post award conference.
DEFINITIONS, ACRONYMS, APPLICABLE DOCUMENTS/PUBLICATIONS
DEFINITIONS
Business/Work Days Every official work day of the week which are days between and including Monday through Friday. Work days do not include public holidays and weekends.
Calendar Day Any day of the week.
Continental United States (CONUS) The 48 contiguous States and the
District of Columbia.
Contractor A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.
Contracting Officer (CO) A person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: the only individual who can legally bind the Government.
Defective Service A service output that does not meet the standard of performance associated with the Performance Work Statement.
Deliverable Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports
Government Furnished Property (GFP) Government-furnished property” means property in the possession of, or directly acquired by, the
Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to keys and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.
Government Technical Monitor (GTM) An individual designated by the
Contracting Officer to assist in providing technical direction and monitoring performance under the contract.
Government Technical Representative (GTR) An employee of the U.S.
Government appointed by the Contracting Officer to perform contract administration activities in regard to technical issues. This individual has authority to provide technical direction to the
Contractor provided that the direction is within the scope of the contract, it does not constitute a change and it has no funding implications. The GTR does NOT have authority to change the terms and conditions of the contract.
Key Personnel Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel clause. When offerors are required to identify key personnel in an evaluation factor in best value procurements, offerors may be rejected if they do not have firm commitments from the persons that are listed in the proposal.
Non-personal Services Contract: A contract under which the contractor personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.
Performance Requirements Summary (PRS) A listing of the performance requirements under the contract that are to be evaluated by the
Government on a regular basis, performance indicators for these requirements, performance standards for these requirements and surveillance methods to be used to determine whether performance standards are met (and optionally, any maximum payment for meeting the acceptable quality level (AQL) and any deduction from payment for not meeting the AQL).
Performance Standard The Contractor’s performance level required by the Government. This is also known as the acceptable quality level
(AQL).
Performance Work Statement (PWS) A statement of work for performance based acquisitions that describe the required results in clear, specific and objective terms with measurable outcomes.
Physical Security Actions that prevent the loss or damage of
Government property.
Quality Assurance (QA) Policies and procedures adopted by the
Government to ensure that supplies and services acquired under
Government contracts conform to the contract’s quality requirements.
Quality Assurance Surveillance Plan (QASP) A plan describing how the agency will survey, observe, test, sample, evaluate and document the contractor’s performance in meeting critical performance standards identified in the contract.
Quality Control (QC) All necessary measures taken by the Contractor to assure that the quality of an end product of service shall meet contract requirements.
Service contract A contract that directly engages the time and effort of a Contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.
Shall is used to express what is mandatory.
Subcontractor Any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies or services to the prime contractor or to a higher tier subcontractor. The
Government does not have privity of contract with a subcontractor.
Work Week Monday through Friday, unless specified otherwise.
ACRONYMS
ACRONYM DEFINITION
ACWP Actual Cost of Work Performed
AQL Acceptable Quality Level
ARAMS Automated Renewal and Amendment
System
BAA Business Area Analysis Study
CFO or OCFO Office of the Chief Financial
Officer of HUD
CFR Code of Federal Regulations
CIO or OCIO Office of the Chief Information
Officer of HUD
CLIN Contract Line Item Number
CO Contracting Officer
COB Close of Business
COR Contracting Officer Representative
CPO
Office of the Chief Procurement
Officer of HUD
CR Change Request
DACA Days After Contract Award
EAC Estimate at Completion
EST Eastern Standard Time (U.S.)
ETC Estimate to Completion
GAO U.S. General Accounting Office
GTM Government Technical Monitor
GTR Government Technical Representative
HUD U.S. Department of Housing and Urban
Development
HUDAR HUD Acquisition Regulation
HUDATWORK HUD’s Intranet Web Site and related
WEB pages.
HUD Web HUD’s Intranet Web Site and related
WEB pages.
IG or OIG Inspector General (Office of)
IT Information Technology
NLT Not Later Than, or No Later Than
OCPO Office of the Chief Procurement
Officer
OIG Office of Inspector General
OMB Office of Management and Budget
PIV Personal Identity Verification
PL Public Law
PM Project Manager
PPM Project Planning and Management
POC Point of Contact
POP Period of Performance
PPM Project Planning and Management
PR Problem Report(s)
QA Quality Assurance
QASP Quality Assurance Surveillance Plan
QCP Quality Control Plan
SF Standard Form
TBD To be determined
U.S.C United States Code
WSR Weekly Status Report
5. SPECIFIC TASKS
5.1 SCOPE OF WORK/SPECIFIC TASKS, BASIC SERVICES. The contractor shall provide services for CPAA reviews.
5.2 All work shall be completed on-site at the Philadelphia
Homeownership Center.
5.3 The Philadelphia Homeownership Center staff shall deliver the assigned CPAAs to the Contractor for processing.
5.4 The Contractor shall perform a full, detailed review and
analysis of each assigned CPAA for compliance with HUD regulations and guidelines and render a decision of approval or rejection. The Contractor shall render the decision to approve the CPAA when the package meets current
HUD/FHA project approval requirements.
5.4.1 For each assigned CPAA to be considered complete, all of the following shall be completed:
(a) A complete detailed review and analysis for compliance of HUD requirements.
(b) A decision of approval or rejection based on HUD regulations and guidelines has been made and documented.
(c) If a CD containing one (1) PDF file was submitted with the request, the file shall be uploaded into FHA
Connection.
(d) All data is entered into FHA Connection and shall be complete, clear and technically accurate.
(e) A print out of the completed Condominium Project
Maintenance screen shall be secured in the CPAA package.
5.4.2 Completed CPAAs will be filed in a designated location in the PHOC (by Condo ID Number.)
5.5 The Contractor shall indicate approval or rejection of the project in FHAC, Condominium Maintenance Screen and secure a screen print from in the CPAA project file and reflect the decision on the monthly status report.
5.6.1.1 The CPAA is to be rejected when the package fails to meet the current HUD requirements. If the CPAA should be rejected, the Contractor shall list all reasons for the rejection (deficiencies, discrepancies, omissions or ambiguous information found in the CPAA) into FHAC, print the FHAC screen, attach it to the CPAA, and an email notification to the CPAA submitter addressing all deficiencies. A copy of this communication must be secured in the CPAA project file.
5.6.1.2 If the CPAA is approved, the Contractor shall notify the
CPAA submitter of the approval with an email notification from the condo project mailbox. If the decision has been changed by HUD based on a QC review, the Contractor shall be required to notify the CPAA submitter of the findings of the review.
5.6.1.3 The Contractor shall communicate with the submitter about the CPAA as directed to by the GTR/GTM after a specific inquiry is received by HUD regarding the reason for a CPAA rejection. This may include inquiries regarding the processing status of a CPAA submission, the validity of the data the contractor entered into FHA Connection at the conclusion of a CPAA review or any other type inquiry regarding the submission.
5.7 If the CPAA is approved, the Contractor shall enter
pertinent project information (i.e. project ID number, legal project name, project location, phase number, number of units, etc.), as directed by the GTR/GTM, into FHAC and secure a printout in the CPAA project file.
5.8 The Contractor shall indicate approval or rejection of the project in FHAC, the CPAA project file and the monthly status report. After entering the data into FHAC related to the approval or reject of the CPAA into FHAC, a copy of screen print from the Condominium Maintenance Screen must be secured in the CPAA.
5.9 The Contractor shall be available to discuss its review and decision with HUD staff and management as directed by the
GTR/GTM. When the GTR/ GTM instruct the Contractor to respond to a specific inquiry from a CPAA submitter, the
Contractor shall do so within 2 Federal working days. This includes responding to assigned Siebel Service requests received through the Resource Center and assigned to them by the GTM/GTR or designee.
5.10 The Contractor shall alert the GTR/GTM of any CPAA package where the review indicates that any part of the package might be fraudulent.
5.11 The Contractor shall have a clear understanding of the CPAA requirements, review process and computer screens. The
Contractor shall provide detailed narrative comments on all decisions to reject the project.
5.12 All CPAA packages and documents shall remain on site in the
PHOC.
5.13 Completed CPAA packages shall be filed in the designated location in the PHOC (by Condo ID number).
5.14 The Contractor shall complete for each CPAA package reviewed the FHAC "Condominium Project Maintenance" Screen and
Monthly Status Report.
5.15 The Contractor is to submit a monthly status report (as
described herein below) by the 15th day of each month for the preceding calendar month, to the GTR/GTM, via email, with a copy to the Contracting Officer.
The Contractor shall submit a monthly status report by the
15th day of each month for the preceding month to the
GTR/GTM. The monthly report will be in a version of Excel that is accessible by HUD staff that includes all of the following:
(1) Project Number (obtained from FHAC once CPAA information is entered);
(2) Review Type (Initial or Recertification)
(3) Legal Project Name
(4) Project ID Number
(5) Complete Project Address (including City, State and
Zip)
(6) Package Assignment Date
(7) Date Review Completed
(8) Name of the reviewer
(9) Review Decision (e.g. Approved, Rejected).
All CPAAs currently assigned and listed as under review on previous status reports shall be updated to reflect the disposition or will be indicated as “under review”. The possible status of each of these CPAA package assigned will under review, approved or rejected.
For each package not completed within the required 7 days, the
Contractor shall provide an explanation for the missed deadline and anticipated completion date.
The date completed must be provided for each case.
5.16 By the 10th of each month the Contractor is to submit an invoice, via email to the GTR, for the previous month with a list of the completed assignments attached, reflecting the
Project ID#, legal name, full address, type of review and determination (i.e. approved; rejected).
6 DELIVERABLES AND MILESTONES: The Contractor shall complete all work, deliver all deliverables and adhere to all milestones as specified herein. Any papers, recommendations, etc. that the
Contractor submits are drafts, not final copies. The Government reserves the right to make changes to delivery dates.
1) The Contractor will submit a monthly status report by the
15th day of each month for the preceding month to the
GTR/GTM.
2) By the 10th of each month the Contractor is to submit an invoice, via email to the GTR, for the previous month.
6.1. DELIVERABLES AND MILESTONE SCHEDULE:
DELIVERABLES SCHEDULE
Deliverable Frequency # of Copies Medium/Format Submit To
Completed
CPAA (PWS
paragraph
5.4)
Each assigned
CPAA must be completed within seven
(7) Federal working days of assignment.
(The date the CPAA package is assigned is counted as one of the seven days.)
One original of CPAA, provided within 7 working days of assignment.
Hard Copy Philadelphia
HOC. Will file completed reports in
Philadelphia
HOC
(alphabetically by legal project name).
Monthly
Status
Report (PWS paragraph
5.16)
By the 15th day of each month for the preceding month.
HUD is to review the
Monthly
Status
Report no later than the 1st day of the following month.
One original of monthly report, by the 15th day of each month for the preceding month
Excel
Spreadsheet that is accessible by
HUD staff
(currently
Microsoft
Office
Excel
2007)
Philadelphia
HOC,
attention to
GTR.
Invoice
(PWS 5.17) By the 10th of each month the
Contractor is to submit an invoice , via email, for the previous month
One original of invoice to GTR, with a copy to the attention of the assigned contract specialist
Hard Copy Philadelphia
HOC,
attention of the
GTR, and assigned contract specialist.
6.2 Acceptance Criteria: All deliverables shall be submitted as agreed upon by the Contractor and the Government.
Acceptance of all deliverables will be in writing by the
GTR upon completion of the Quality Control Review for those reviews that are determined to be deficient or unacceptable
7 PERFORMANCE REQUIREMENTS SUMMARY: The summary chart below lists the contract’s primary requirements, the associated performance standards, the expected target performance and the methods of evaluation. While several contract requirements are not listed in the chart below, requirements not appearing on the PRS chart do not negate the Contractor’s obligation to perform all requirements as specified in the contract. Additionally, HUD reserves all rights and remedies under the provisions and clauses of the contract when performance of any contract requirement, whether or not listed below, is unacceptable.
HUD will develop a Quality Assurance Surveillance Plan to be used to provide contract oversight. In conjunction with the Contractor’s Quality Control Plan and various other methods of assessing performance, the GTR and GTM will perform on-site reviews and/or other types of verification to determine that the specified target performance requirements have been met.
Regular review of Contractor performance is critical to the overall success of the contract. On a monthly basis, the
GTR will evaluate the quality of the product or services.
These performance standards will be fully enforceable starting 45 days from date of contract award.
PERFORMANCE
OBJECTIVES
STANDARD PERFORMANCE
THRESHOLD
METHOD OF SURVEILLANCE
PRS #1: The contractor must provide a full, detailed review, and analysis of each assigned
CPAA for compliance with HRAP regulations and guidelines and render a decision of approval or rejects. (PWS
5.4)
The Contractor must complete the following for each CPAA package reviewed:
- FHAC
“Condominium
Project
Maintenance”
- Screen and
Monthly Status
Report.
A minimum of
90% of the completed reviews must be free of error.
An error is when the
Government disagrees with the
Contractor’s decision for approval or rejection of the CPAA. An error is defined as:
- HUD
changes a rating of
“Approved” to a rating of
“Rejected”
- HUD
changes a rating of
“Rejected” to a rating of
“Approved.”
90% of submitted reports must be free of error. The error rate is determined by dividing the number of
CPAAs found to have an error by the total number of
CPAAs that HUD selected in the random sampling.
For each invoice submission period (monthly) the
Government will randomly select and review a representative sample of completed reviews (minimum
5%) of completed reviews for which the Contractor’s requesting payment to determine if any selected
CPAAs contain errors using http://www.randomizer.org.
PRS#2: The
Contractor must submit a monthly status report (PWS
5.16)
The Contractor must submit a monthly status report.
Zero deviation from standard.
100% inspection by GTR.
http://www.randomizer.org/
SECTION D - Packaging and Marking
D.1 MARKING
All information submitted to the Contracting Officer or Government
Technical Representative (GTR)/Government Technical Monitor (GTM) shall clearly indicate the contract number for which the information is being submitted.
SECTION E - Inspection and Acceptance
E.1 HUDAR 2452.246-70 INSPECTION AND ACCEPTANCE. (FEB 2006)
Inspection and acceptance of all work required under this contract shall be performed by the Government Technical
Representative (GTR) or other individual as designated by the Contracting Officer or the GTR.
SECTION F - Deliveries or Performance
F.1 FAR 52.242-15 STOP-WORK ORDER. (AUG 1989)
F.2 FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)
SECTION G - Contract Administration Data
(Blank)
SECTION H - Special Contract Requirements
H.1. AS-1302 POSTAWARD CONFERENCE
The contractor shall be required to attend a post-award conference. The conference will be held at:
Philadelphia Homeownership Center (HOC)
The Wanamaker Building, 12th Floor
100 Penn Square East
Philadelphia, PA 19107.
The Contracting Officer or designee will notify the contractor of the date and time of the conference.
H.2. 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.
In addition, subsequent to the commencement of the contract term, 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.
H.3. CONTRACTOR RESPONSBILITIES FOR PUBLICATIONS, FORMS AND
HANDBOOKS
(a) The Contractor is
• Responsible for obtaining and maintaining all applicable forms and publications.
• Responsible for ensuring that all services are conducted according to current HUD forms and publications.
(b) All of the forms and publications described in this contract are subject to revision. The Government
Technical Representative (GTR) will – to the maximum extent possible – notify the Contractor of changes to
HUD forms and publications. The Contractor must contact the GTR 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.
H.4. INSURANCE COVERAGE
Pursuant to FAR clause 52.228-5 - Insurance - Work on a
Government Installation, the Contractor shall be required to present evidence to show, at a minimum, the amounts of insurance coverage indicated below.
Workers Compensation and Employer's Liability - The
Contractor is required to comply with applicable Federal and State workers compensation and occupational disease statutes.
Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
General Liability - The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form policy of at least $500,000 per occurrence.
H.5. PUBLIC COMMUNICATION
The contractor must not represent itself as HUD to outside parties. To maintain public trust, and not to mislead the public, the contractor must, when communicating with outside parties, explain that it’s a Department contractor.
When performing work for HUD, the contractor’s personnel must be easily, identifiable to the public as a HUD contractor. Contractor personnel must be identifiable though the use of badges, corporate logos, or other distinguishable credentials.
H.6. INCENTIVE CLAUSE FOR…
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