CIS_Draft_RFP_DU205NC-15-R-0009_.pdf

ADDENDUM

SECTION A - Solicitation/Contract Form 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS. (MAY 2015)

SECTION B - Supplies or Services/Prices

DESCRIPTION OF SERVICES

PRICING FOR INSPECTIONS

SCHEDULE OF PRICES/COSTS

TRANSISTION IN-TRANSITION OUT

SECTION C - Description/Specifications

PERFORMANCE WORK STATEMENT FOR CONSTRUCTION INSPECTION SERVICES

SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements

ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION

CONTRACTOR RESPONSIBILITIES FOR PUBLICATIONS, FORMS, AND HANDBOOKS

PUBLIC COMMUNICATION

CORPORATE FILINGS

OPTION TO INCREASE/DECREASE THE GEOGRAPHIC SERVICE AREA

NO COST TERMINATION OF THE CONTRACT ORDERING PERIOD

POSTAWARD CONFERENCE

SECTION I - Contract Clauses

52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)

52.216-18 ORDERING. (OCT 1995)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS. (JUN

2003)

52.228-16 PERFORMANCE AND PAYMENT BONDS - OTHER THAN CONSTRUCTION. (NOV 2006)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)

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

52.252-4 ALTERATIONS IN CONTRACT. (APR 1984)

2452.216-76 MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER. (DEC 2012) 64

2452.219-71 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS -

ALTERNATE III TO FAR 52.219-18. (DEC 2012)

2452.219-72 SECTION 8(A) DIRECT AWARDS (DEVIATION). (DEC 2012)

2452.237-70 KEY PERSONNEL. (FEB 2006)

2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE. (DEC 2012)

SECTION J - List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS

ATTACHMENT J.1

PERFORMANCE REQUIREMENTS SUMMARY/STANDARDS

ATTACHMENT J.2

CONTRACT DELIVERABLE REQUIREMENTS CHART

ATTACHMENT J.3

SAMPLE INCENTIVES/DISINCENTIVES SUMMARY

ATTACHMENT J.4

QUALITY ASSURANCE SURVEILLANCE PLAN

CONSTRUCTION INSPECTION SERVICES CONTRACT

GTM DELIVERABLE REVIEW GUIDE

Addendum

ATTACHMENT J.5

NONDISCLOSURE AGREEMENT

ATTACHMENT J.6

SAMPLE CONTRACTOR-PROVIDED LETTER REQUESTING PAST PERFORMANCE

ATTACHMENT J.7

PAST PERFORMANCE INFORMATION

ATTACHMENT J.8

PAST PERFORMANCE SURVEY

ATTACHMENT J.9

SAMPLE CLIENT AUTHORIZATION LETTER

SECTION K - Representations, Certifications, and Other Statements of Bidders

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANASACTIONS (SEP 2007) (JUL 2013)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013)

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS. (MAR

2015) SECTION L - Instructions,Conditions, and Notices to Bidders

52.204-6 DATA UNIVERSAL SYSTEM NUMBERING (JUL 2013)

52.207-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.215-3 REQUEST FOR INFORMATION OR SOLICITATION FOR PLANNING PURPOSES. (OCT 1997)

ADDENDUM TO 52.212-2 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS.(APR 2014) . 125

52.216-1 TYPE OF CONTRACT. (APR 1984)

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

52.233-2 SERVICE OF PROTEST. (SEP 2006)

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

2452.233-70 REVIEW OF CONTRACTING OFFICER PROTEST DECISIONS. (FEB 2006) ... 138

HISTORICAL QUANTITIES-MULTIFAMILY CONSTRUCTION INSPECTION ESTIMATES

AS-2112 SPECIAL INSTRUCTION REGARDING LOBBYING DISCLOSURES

SECTION M - Evaluation Factors for Award

52.212-2 EVALUATION - COMMERCIAL ITEMS. (OCT 2014)

ADDENDUM TO FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS. (OCT 2014)

SECTION A - Solicitation/Contract Form

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (NOV 2014)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2015)

The following addendum applies to this clause:

FAR 52.212-4(c), Changes

(1) Changes in the terms and conditions of this contract may be made only by written agreement of the parties, except for the following actions:

(a) Incorporation of wage determinations according to the Service

Contracts Act.

(b) Administrative changes such as the paying office, accounting classifications according to FAR 43.103(b).

(c) Changes to Government Technical Representative (GTR) according to

HUDAR § 2452.237-73 -- Conduct of Work and Technical Guidance.

(d) Modifications to obligate or de-obligate funds not to exceed

Contract Line Item Numbers.

(e) Modifications to obligate funds at the beginning of each fiscal year.

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

EXECUTIVE ORDERS - COMMERCIAL ITEMS. (MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public

Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept

2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)

(41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5)

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier

Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub.

L. 111-117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for

Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

(31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov

2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15

U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)

(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15

U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C.

637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15

U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul

2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business

(WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C.

637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies

(Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul

2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O.

13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013).

(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment

(Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun

2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec

2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer

Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade

Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

(E.O.’s, proclamations, and statutes administered by the Office of Foreign

Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Jul 2013) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302

Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

(42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items

(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495)

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.

chapter 67.).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards -- Price Adjustment (Multiple Year and Option Contracts) (May

2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor

Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements (May 2014) (41

U.S.C. chapter 67).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records

Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b),

(c) and (d) of this clause, the Contractor is not required to flow down any

FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr

2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15

U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include

52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C.

4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul

2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C.

4212).

(ix) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C.

chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter

78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services--Requirements (May

2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)

(E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Jul 2013) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302

Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY

2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

SECTION B - Supplies or Services/Prices

DESCRIPTION OF SERVICES

The contractor must provide all equipment, management, materials, supervision, supplies, and other items and services necessary to coordinate, perform, schedule, and assure effective performance of construction inspections for multifamily (MF) properties according to the terms and conditions of the contract. The contractor will perform the services (i.e. projects) the following MFH Regions:

Southwest Region

Arkansas, Iowa, Kansas, Louisiana, Missouri, Nebraska, New Mexico, Oklahoma, Texas

Midwest Region

Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin

Southeast Region

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico

Northeast Region

Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

West Region

Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, North

Dakota, Oregon, South Dakota, Utah, Washington, Wyoming, Hawaii

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

HUD-insured or HUD’s Capital Advance programs.

(2) The contractor must perform Special Purpose Inspections (SPIs) of existing subsidized or unsubsidized multifamily projects to either determine the scope and cost of repairs needed to bring the project to a decent, safe, and sanitary condition according to 24 CFR Part

5, Subpart G-Physical Condition Standards and Inspection

Requirements; to follow up on critical repairs at a FHA Section 223(f)

Program project; to inspect major repair items; to investigate complaints HUD has received concerning the property’s physical condition; or any other inspection assigned to the inspector.

The contractor must perform warrant inspections on HUD MF projects.

PRICING FOR INSPECTIONS

1. Routine Inspections: The prices for routine construction inspections must include all technical and clerical services, materials, supplies, reviews, reports, communications, HUD construction inspection tasks, time, travel, printing, photographic expenses, postage, courier fees and other fees related to the delivery of information to HUD, general oversight, general and administrative costs, fringe benefits, and profit/fee.

2. Special Purpose Inspections (SPIs): SPIs are for use in unusual circumstances, such as needed during a natural disaster. The government will order SPIs (firm-fixed-price) on an “as needed” basis. The labor categories and qualifications for SPI personnel are:

Certified Asbestos Consultant - certified in the geographic region (States) where the work is to be accomplished in this contract and experience the performance of investigations for the purpose of identifying, abating, or eliminating sources of pollutants or hazards, specifically asbestos, that affect either the environment or the health of the population, and in collecting, synthesizing, studies, reporting, and taking action based on data derived from measurements or observations of air, soil, water, and other sources.

Certified Industrial Hygienist – certified in the geographic region (States) where the work is to be accomplished in this contract and experience in anticipating, recognizing, evaluating, and controlling workplace conditions that may cause workers' injury or illness, and the use of environmental monitoring and analytical methods to detect the extent of worker exposure, and employ engineering, work practice controls, and other methods to control potential health hazards, and analyze, identify, and measure workplace hazards or stressors that can cause sickness, impaired health, or significant discomfort in workers through chemical, physical, ergonomic, or biological exposures. Two roles are to spot those conditions and help eliminate or control them through appropriate measures.

Radon Technician – Three years experience in the application of the theory and principles of environmental engineering to perform building inspections and analysis focused on the prevention, detection, and remediation of environmental pollution, specifically radon.

Lead Based Paint Technician – Three years experience in the performance of investigations for the purpose of identifying, abating, or eliminating sources of pollutants or hazards, specifically lead, that affect either the environment or the health of the population, and in collecting, synthesizing, studies, reporting, and taking action based on data derived from measurements or observations of air, soil, water, and other sources.

Architect / Engineer – registered professional engineer (PE) or registered architect, licensed in the geographic region (States) where the work is to be accomplished in this contract

Foundation / Soils Engineer – registered professional engineer, licensed in the geographic region (States) where the work is to be accomplished in this contract

Roof Inspector – Three to five years experience in the installation and inspection of various roofs of structures with shingles, slate, asphalt, aluminum, wood, and related materials such as insulation, decking, flashing, sealants, penetrations, etc. Minimum two of the five years are inspection experience.

Construction Inspector – See the requirements for Construction Inspectors in

Section C, Performance Work Statement, paragraph 1.3.2.3.

SCHEDULE OF PRICES/COSTS

The quantity set forth for Routine Construction Inspections is the government’s best estimate of the total quantity to be ordered over the ordering period of the contract.

The offeror may indicate different quantity increments for Item 0001, 0004, 0006, 0008, and 0010, if increments other than those specified will result in lower prices to the government; provided that the increment offered must include a price for all quantities between the smallest and largest quantities shown by the government. If the offeror offers different quantity increments, the offeror need not submit prices for the government increments set out in Item 0001,0004, 0006, 0008, and 0010.

CLIN Description Quantity Unit Unit Price Amount

0001 Multifamily Housing

Construction Inspection

Services - Routine

Inspections

Year One Ordering Quantities:

Minimum - 50 Construction

Maximum - 1,650 Construction

Inspections

Best Estimated Quantity -

1,320 Construction

Incremental Quantity:

50 EA – 330 EA

Unit Price $___________

XXX EA

0002 Multifamily Housing

Construction Inspection

Services - Routine

Inspections

Initial Order Quantity

1320 EA

0003 Incentives (3%)

Year One

0004 Multifamily Housing

Construction Inspection

Year Two Ordering Quantities:

Minimum - 10 Construction

Maximum - 1,650 Construction

Inspections

Best Estimated Quantity -

Incremental Quantities

10 EA – 660 EA

Unit Price $_________

661 EA – 1320 EA

Unit Price $__________

1,321 EA – 1650 EA

XXX EA

0005 Incentives (3%)

Year Two

0006 Multifamily Housing

Construction Inspection

Year Three Ordering

Quantities:

Maximum - 1,650 Construction

Inspections

Best Estimated Quantity -

0007 Incentives (3%)

Year Three

0008 Multifamily Housing

Services - Routine

Year Four Ordering

Maximum - 1,650 Construction

Inspections

Best Estimated Quantity -

0009 Incentives (3%)

Year Four

0010 Multifamily Housing

Year Five Ordering

Maximum - 1,650 Construction

Inspections

Best Estimated Quantity -

0011 Incentives (3%)

Year Five

0012 Construction Inspection

Services - Special Purpose

Inspections -

To be negotiated at time of need.

Year One

EA

0013 Construction Inspection

Year Two

0014 Construction Inspection

Year Three

0015 Construction Inspection

Year Four

0016 Construction Inspection

Year Five

Grand Total

TRANSISTION IN-TRANSITION OUT

Transition activities as specified in Performance of Work Statement paragraph 1.7, Transition Period, and sub-paragraph’s 1.7.1. Transition-In and 1.7.2

Transition-out of the Performance of Work Statement are not separately priced.

These activities are included in the functions required by the construction inspector (contractor) as part of routine inspections.

SECTION C - Description/Specifications

PERFORMANCE WORK STATEMENT FOR CONSTRUCTION INSPECTION SERVICES

C-1 GENERAL INFORMATION

1.1 General. This requirement is for conducting onsite inspections of new construction and substantial rehabilitation of multifamily housing and performing various inspection tasks for the U. S. Department of Housing and Urban Development (HUD). These services will provide HUD with the field/site data necessary to make informed decisions regarding the construction/rehabilitation phase of HUD multifamily mortgage insurance underwriting and capital advance programs.

1.2 Background.

The U.S. Department of Housing and Urban Development (HUD) provides funding for, or insures financing of, the construction of new multifamily (MF) projects or the repair or rehabilitation of existing MF projects, as authorized by several sections of the Housing Act of 1959 (HA), National Housing Act (NHA) and National Affordable Housing Act (NAHA), as listed below:

Section 207(M) Manufactured Home Parks

Section 213 Cooperatives Section 221(d) (3) and (4) Multifamily Rental Housing for Moderate-Income Families Section 202 or 811 Housing for the Elderly, CAV (202) or for Persons with Disabilities, IAC (811) Section 220 Mortgage Insurance for Urban Renewal Areas Section 223(a) (7) Refinance of Existing FHA Insured Mortgages Section 223(f) Mortgage Insurance for the Acquisition or

Refinancing of Multifamily Rental Apartments Section 231 Housing for the Elderly, Insured (MFTDP) Section 241 Supplemental Loans

HUD is required to perform periodic property inspections of MF projects throughout the entire construction and/or rehabilitation phase. Also, HUD is required to assist other parties (owner, sponsor, builder, supervisory architect, lender, etc.) in utilizing HUD forms and procedures relative to the construction phase of MF project development.

1.3 Scope.

The purpose of the program is to conduct construction inspections and tasks related to construction inspections, and assist HUD in the review of the construction/rehabilitation of the construction project. The specific objective of this contract is to support HUD’s Agency Priority Goal to utilize housing as a platform for improving quality of life by: Conducting construction inspections and performing construction inspection tasks (e.g. reviewing change orders, the Form HUD-92448, construction schedules, requests for permission to occupy etc.), thereby assisting HUD in the review of the construction/rehabilitation of a project and to approve the release of loan funds.

1.4 Reserved

1.5 Description of Services. The contractor shall provide Construction Inspection services. The

Contractor’s work products shall provide HUD with the field/site data necessary to make informed decisions regarding the construction phase of the HUD multifamily mortgage insurance underwriting and capital advance programs.

1.5.1 Frequency of Construction Inspections – General. Inspections for construction/substantial rehabilitation projects are generally limited to one per month for the duration of the construction period.

The frequency of inspections may increase to two per month and based upon a number of factors, including but not limited to size and complexity of the project; overall experience of the project development team, and/or a determination by HUD as to the assessment of construction risk. The frequency of inspections will be discussed with and determined by the GTR/GTM during the pre-construction conference. The GTR/GTM is permitted to require additional inspections based upon the risk factors set forth above.

1.5.2 Flexibility in Scheduling of Inspections. HUD reserves the right to modify the scheduling of inspections at any time during the construction period due to limited construction progress from one scheduled inspection to the next.

1.6 General Information

1.6.1 Period of Performance.

Base Year

Option Year One

Option Year Two

Option Year Three

Option Year Four

1.6.2 Place of Performance. The services to be performed under this contract shall be performed in the following region:

Southwest Region:

Texas, New Mexico, Oklahoma, Louisiana, Arkansas, Missouri, Iowa, Nebraska and Kansas

Southeast Region:

Georgia, Kentucky, Tennessee, North Carolina, South Carolina, Florida, Mississippi, Alabama and Puerto Rico

West Region:

California, Arizona, Nevada, Utah, Idaho, Oregon, Washington, Colorado, Wyoming, Montana, North Dakota, South Dakota, Hawaii and Alaska

Midwest Region:

Illinois, Michigan, Ohio, Indiana, Wisconsin, and Minnesota

Northeast Region:

New York, Pennsylvania, New Jersey, Rhode Island, Maryland, Connecticut, Massachusetts, Washington D.C., Virginia, West Virginia, New Hampshire, Vermont, Delaware, and Maine

1.6.2.1 Status Meetings. The Contracting Officer, Government Technical Representative (GTR) and other Government personnel, will meet periodically with the Contractor to review Contractor performance, requirement status, etc. 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. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Post award conference and subsequent meetings may be held via teleconference.

1.6.3 Contractor Travel. HUD will not reimburse the contractor for travel. The Contractor shall provide all necessary travel in the performance of this PWS.

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; 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 Transition-In Plan shall be provided with the

Contractor’s Proposal. The Transition-Out Plan shall be provided 120 days after contract award. 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 available, 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 successor 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 successor 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 incumbent Contractor shall have sufficient personnel available, 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.

C- 2 DEFINITIONS, ACRONYMS, APPLICABLE DOCUMENTS/PUBLICATIONS

2.1 DEFINITIONS

AIA - the American Institute of Architects, 1735 New York Ave., NW, Washington, DC.

Application - Exhibits that are submitted by a sponsor or the mortgagee of record to a HUD Office to request issuance of a processing letter (Early Commencement, Early Start, or Firm Commitment).

Architect or Supervisory Architect - The architect providing services to the sponsor/owner under the terms of the AIA-B108, Owner-Architect Agreement.

Builder - The General Contractor hired by the sponsor/owner to construct the project under the terms of the construction contract and in accordance with contract documents. The term “builder” is used in this PWS to avoid confusion when the Contractor’s role is discussed.

Business/Work Days - Every official work day of the week which are days between and including

Monday to Friday. This does not include public holidays and weekends.

Calendar Day - Any day of the week.

Certificate of Occupancy - a certificate allowing occupancy issued by a local Government building department for a structure or structures for which a building permit has been issued.

CFR - Code of Federal Regulations.

Construction Contract - the construction contract applicable to the particular project for which HUD is providing mortgage insurance and which HUD requires (typically a contract between the builder and project owner or sponsor).

Construction Contract Administration - the supervisory architect’s administration of the contract between the builder and project sponsor/owner in the construction of any OHP project. HUD construction inspection tasks, to be performed by the Contractor as HUD’s Representative, are defined in this contract.

Construction Inspection Services - monitoring the construction, and performing construction inspection tasks and related functions for the purpose of protecting the Department’s interest.

Construction Manager (HUD CM) – the HUD employee in the Office of Multifamily Housing

Programs who is responsible for the proper performance of all functions relating to inspection. The

Construction Manager keeps informed of the general progress of the work on all projects during the construction stage and guarantee period and is familiar with any problems involved. The HUD CM is also a designated GTM and is appointed in writing by the Government.

Construction Period – stated period of time during which a property is undergoing construction or substantial rehabilitation. This period typically extends from the issuance of a Notice to Proceed from the owner to the issuance of a certification of completion.

Contract Administration - the monitoring of the performance of the Contractor by the GTR, GTM and Contracting Officer relative to the tasks performed under this contract. Contractor A supplier or vendor awarded a contract to provide specific supplies or service 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.

Days – Calendar days, unless otherwise specified as business days.

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.

Federal Acquisition Regulation - is the principal set of rules in the Federal Acquisition Regulation

System governing the acquisition process by which the government purchases (acquires) goods and services.

FHAG - Fair Housing Accessibility Guidelines. Technical guidance on how to comply with the specific accessibility requirements of the Fair Housing Amendments Act of 1988.

Final Closing - the final completion of all HUD project development forms, procedures, terms and conditions per HUD legal and programmatic requirements. This occurs after completion of project construction and cost certification.

Final Completion of the Work (Individual Project Completion) - the time when all work under the owner’s/sponsor’s construction contract is 100 percent complete, except work items beyond the builder’s control which are accepted as delayed items of completion. It is formalized as of the date the Contractor signs the final HUD-95379 provided that the trip report is subsequently accepted by the

GTM.

Government Furnished Property (GFP) - Government-furnished property” means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Technical Monitor - 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 as long as direction is within the scope of the contract, does not constitute a change and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

HUD - The U.S. Department of Housing and Urban Development. The terms “Department of

Housing and Urban Development,” “Department,” “HUD,” and “Government” shall be synonymous and may be used interchangeably in this contract.

HUD Capital Advance Program - A program whereby HUD provides direct funding for construction, acquisition, or rehabilitation of a housing project for elderly or disabled persons.

HUD Inspection Procedures - Paragraphs 3-1 through 3-17 in Chapter 3, Architectural Inspection, of

HUD Handbook 4460.1 REV-2, Architectural Analysis and Inspections for Project Mortgage

Insurance; HUD Handbook 4435.01 REV-1, Project Construction and Servicing Before Final Closing;

and the MAP Guide. (Chapter 13 and other chapters or appendices) Required reporting via the

HUD-95379, HUD Representative Trip Report, is to be completed for each inspection per MAP

Forms Catalog, or per instructions included on the form.

HUD-Insured Program - A program where HUD provides mortgage insurance to the mortgagee for construction, acquisition (with or without repairs), or rehabilitation of a housing project.

HUDAR - prescribes the Department's procurement policies and procedures under the FAR System.

Initial Endorsement/Closing – The initial endorsement of a HUD project for loan insurance or the completion of all documents necessary for a capital advance, which normally occurs prior to the commencement of construction. The legal documents, loan forms, capital advance documents, construction contract, and other required instruments are signed at this meeting.

Inherently Governmental Functions - Activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the

Government.

Item(s) of Delayed Completion – construction-related work items beyond the builder’s control to complete at final completion of the work as determined by the GTR/GTM.

Latent Defect(s) - defective or non-conforming work item(s) not observed during construction, and identified by the owner’s architect and the Contractor at either the 9-month or 12-month warranty inspection.

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

Pre-Closing Conference - The meeting HUD will conduct, if necessary, with the lender, owner/sponsor, builder, CI, accountants, and others to assist in reaching the project’s final closing in a timely manner.

Pre-Construction Conference (PCC) - The meeting attended by the CI; builder; builder’s subcontractors (if possible); supervisory architect; owner/sponsor; consultants (if any); mortgage company (if applicable); and HUD Housing Development staff to discuss the construction contract documents and applicable HUD requirements. Required for every project and should precede the initial start of construction (if possible).

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

Project Capital Needs Assessment (PCNA) – Document containing estimates of critical and non-critical repair costs and the initial and monthly deposits to the replacement reserve.

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.

Subject Matter Expert – revised terminology for Government Technical Monitor (see definition above).

Special Purpose Inspections (SPIs) - The type of physical inspection performed on existing MF subsidized or unsubsidized projects to either determine the scope and cost of repairs needed to bring the project to a decent, safe, and sanitary condition in accordance with 24 CFR Part 5, Subpart G; to inspect major repair items; to inspect progress being made under Management Improvement and

Operating (MIO) Plans; to investigate complaints HUD has received concerning the property’s physical condition; or any other inspection assigned to the inspector.

Sponsor/Owner/Mortgagor - The individual or entity planning the project whose name appears on the Construction Contract and other applicable project documents.

Start(s) of Construction - “Initial Start of Construction” is defined as the beginning date of the initial site preparation. This date is used in connection with the Labor Standards and prevailing wage requirements, when the construction contract work commences with initial site clearance or other preliminary site work for proposed construction projects. The “Start of Permanent Construction” is defined as the first day that permanent on-site building elements were put in place (footings, foundations, pilings, utility lines, etc., but not excavation, forms or trenching, including demolition of portions of the existing building for substantial rehabilitation projects). Builder documents “initial” and “permanent” construction start dates via appropriate correspondence to the CI.

Subcontractor - Any person , other than the prime Contractor, who offers to furnish or furnishes any supplies, material, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. The Government does not have privity of contract with a subcontractor.

Temporary Certificate of Occupancy - A certificate issued by a local Government building department for a structure or structures for which a building permit has been issued (allows early occupancy and prior to issuance of Certificate of Occupancy).

UFAS - Uniform Federal Accessibility Standards. Presents uniform standards for the design, construction, and alteration of buildings so that persons with disabilities will have ready access to and use of them in accordance with the Architectural Barriers Act, 42 U.S.C. 4151-4157.

Work Week - Monday through Friday, unless specified otherwise.

2.2 ACRONYMS

AIA American Institute of Architects

AQL Acceptable Quality Level

ASI Architect’s Supplemental Instructions

CFR Code of Federal Regulations

CIO or OCIO Office of the Chief Information Officer of HUD

CLIN Contract Line Item Number

CO Contracting Officer

CPARS Contractor Performance Assessment Reports System

CPO Office of the Chief Procurement Officer of HUD

CR Change Request

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

HARTS HUD Automated Release Tracking System

HTC HUD Test Center

HUD U.S. Department of Housing and Urban Development

HUD CM HUD Construction Manager

HUDAR HUD Acquisition Regulation

HUD/ISG Internet Services Group within the Telecom Processing Division

HUD Web HUD’s Intranet Web Site and related WEB pages.

IG or OIG Inspector General (Office of)

ISP Information Strategy Plan

IT Information Technology

IV&V Independent Validation and Verification

LAN Local Area Network

LOE Level of Effort

MAP Multifamily Accelerated Processing Guide

MF Multifamily

MFTDP Multifamily Technical Discipline Professional

NLT Not Later Than, or No Later Than

OCPO Office of the Chief Procurement Officer

OI…