DU205NC17R0005.pdf

SOLICITATION NUMBER DU205NC-17-R-0005

SECTION B-SUPPLIES OR SERVICES/PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS

SECTION D-PACKAGING AND MARKING

SECTION E-INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

E.2 HUDAR 2452.246-70 INSPECTION AND ACCEPTANCE. (FEB 2006)

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

SECTION H-SPECIAL CONTRACT REQUIREMENTS

SECTION I- CONTRACT CLAUSES

I.1 FAR 52.202-1 DEFINITIONS. (NOV 2013)

I.2 FAR 52.203-3 GRATUITIES (APR 1984)

I.3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I.4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)

I.5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

I.6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY. (MAY 2014)

I.7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

I.8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (OCT 2010)

I.9 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)

I.11 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER. (MAY 2011)

I.12 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

I.13 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2016) . 23

I.21 FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.22 FAR 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

I.23 FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)

I.24 FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)

I.30 FAR 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

I.42 FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

I.46 FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

I.71 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

I.72 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

I.73 HUDAR 2452.203-70 PROHIBITION AGAINST THE USE OF GOVERNMENT EMPLOYEES.

(FEB 2006)

I.74 HUDAR 2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS

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

I.75 HUDAR 2452.208-71 REPRODUCTION OF REPORTS. (APR 1984)

I.76 HUDAR 2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR 1984) 28

I.77 HUDAR 2452.216-76 MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER.

(DEC 2012)

I.79 HUDAR 2452.222-70 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO

PERSONS WITH DISABILITIES. (FEB 2006)

(b) Submission of Invoices

I.81 HUDAR 2452.232-73 CONSTRUCTIVE ACCEPTANCE PERIOD. (DEC 2012)

I.82 HUDAR 2452.237-70 KEY PERSONNEL. (FEB 2006)

I.85 HUDAR 2452.239-71 INFORMATION TECHNOLOGY VIRUS SECURITY. (FEB 2006)

SECTION J LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS ... 34

K.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2016)

K.2 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013)

K.3 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (OCT 2014)

K.4 FAR 52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.1 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

L.2 FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

L.3 FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST

OR PRICING DATA (OCT 2010)

L.4 FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)

L.5 FAR 52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

L.7 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

L.8 HUDAR 2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST. (FEB 2000) ... 42

SECTION B-SUPPLIES OR SERVICES/PRICES

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 rent comparability studies for multifamily (MF) properties according to the terms and conditions of the contract. The contractor will perform the services (i.e. projects) in the Midwest Region: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin served by HUD’s MF Housing Regional Office, Midwest.

PRICING FOR Rent Comparability Studies

Rent Comparability Studies: The prices for routine Rent Comparability Studies and Post Rehab Studies must include all technical and clerical services, materials, supplies, reviews, reports, communications, HUD Rent

Comparability 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:

Following are the estimated quantities of Rent Comparability Studies and Post Rehab Studies inspections for all the states in the Midwest Region: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin

CLIN Description Quantity Unit Unit Price Amount

0001 Rent Comparability Studies: Year One

(Effective date of the contract to one year thereafter)

*30

0002 Post Rehab Studies: Year One (Effective date of the contract to one year thereafter)

*8

0003 Rent Comparability Studies: Year Two

(One year after date of the contract to two year thereafter)

0004 Post Rehab Studies: Year Two (One Year after date of the contract to two year thereafter)

0005 Rent Comparability Studies: Year Three

(Two Years after date of the contract to

Three years thereafter)

0006 Post Rehab Studies: Year Three (Two

Years after date of the contract to Three years thereafter)

0007 Rent Comparability Studies: Year Four

(Three Years after date of the contract to

Four year thereafter)

0008 Post Rehab Studies: Year Four (Three

Years after date of the contract to Four

0009 Rent Comparability Studies: Year Five

(Four Years after date of the contract to five year thereafter)

0010 Post Rehab Studies: Year Five (Four

Years after date of the contract to Five

Grand Total

*The estimated quantities are for informational purposes only.

SECTION C - DESCRIPTION/SPECIFICATIONS

Performance Work Statement (PWS)

Rent Comparability Study (RCS) Services

For The Department of Housing and Urban Development –PWS

1/16/15

Version 1.4

PERFORMANCE WORK STATEMENT (PWS)

RENT COMPARABILITY STUDY (RCS) SERVICES FOR HOUSING- PWS

C.1 GENERAL

The Department of Housing and Urban Development (HUD), The Office of Housing is seeking contractor services to provide required Rent Comparability Study (RCS) Services.

C.1.2 BACKGROUND

As a requirement for renewal under Section 524(a) of the Multifamily Assisted Housing Reform and Affordability Act, (MAHRA), most project Owners with expiring Section 8 project-based contracts must submit a RCS at initial renewal to demonstrate that current rents are at or below comparable market rents. Beginning with the date of the initial renewal of the expiring Section 8 project-based contract, the RCS will start a maximum five-year “life cycle” before a new RCS is required. In order to respond to this requirement, property owners hire an appraiser and submit a

RCS to HUD. The Section 8 Renewal Policy Guide (Guide) requires that HUD, under certain circumstances, secure third-party appraisers who will create a RCS for comparison with the owner’s RCS. Each RCS will also be reviewed by HUD or Performance Based Contract

Administrator using the criteria in Chapter 9 of the Section 8 Renewal Policy Guide (Guide)

The housing market rents resulting from these studies determine how much property owners can receive and greatly influences whether a property owner will renew and continue providing project-based assisted housing, or opt-out of the Section 8 contract and convert to unassisted market rent housing. The market rents set in these studies also drive HUD's outlays for Section 8 project-based subsidy.

C.1.3 OBJECTIVE

This requirement seeks third-party appraisers to prepare RCSs, in accordance with Chapter 9 of the Guide. The Guide requires that the RCS establish market rents for the project in its current condition (“as-is”) rents. If the RCS is being created as part of a Capital Repairs Program described in Chapter 15 of the Guide, then the RCS must establish not only the “as-is” market rents but also the “after-rehab” rents that consider the improvements and upgrades as part of the capital repairs to the project.

C1.4 CONSTRAINTS

1. The RCS must be prepared by, or under the direction of, a Certified General Appraiser who meets all of the qualifications listed in Section 9-8 of the Guide. The appraiser shall sign and take full responsibility for the study; however, appraisal assistants may contribute to any of the tasks if the assistant is employed by the same firm as the appraiser and the study identifies the roles the assistant appraiser performed.

2. The contractor shall not employ or subcontract with any person who is a current or former civilian employee of the U.S. Government if the employment of that person would create a conflict of interest, an appearance of any conflict, or otherwise conflict with Federal or HUD ethics rules. The contractor shall be responsible for resolving any actual or appearance of a conflict of interest and shall not rely on HUD to resolve the issue through reassignment of workload or any other means.

3. The contractor shall identify key personnel who will be performing the rent comparability studies. A copy of their license will be submitted with the quote package.

4. The contractor shall identify key personnel that have specialized training or education when the quote package is submitted.

C.1.5 DESCRIPTION OF SERVICES

The Office of Housing is seeking a contractor to perform the following tasks:

a. Preparation of Rent Comparability Studies

b. Inspect and Analyzing the subject Section 8 projects

c. Selecting comparable projects to the subject projects. Collecting and documenting data on comparables

d. Inspecting the subject and comparables

e. Computing an adjusted rent for each primary unit type

f. Using the adjusted rents to derive a market rent

C.1.5 GENERAL INFORMATION

C.1.5.1 NON-PERSONAL SERVICES

The Government shall 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 believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.

C.1.5.2 BUSINESS RELATIONS

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

C. 1.5.3 PERIOD OF PERFORMANCE: The Period of Performance shall be for five years.

C. 1.5.4 PLACE OF PERFORMANCE: The services to be performed under this contract shall be performed at the following locations:

For the Midwest Region, based in Chicago the states include: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin

C.1.5.5 HOURS OF OPERATION:

The Contractor is responsible for submitting the RCS document on time and to HUD between the hours of 8:00 am-4:30 pm, Monday through Friday except Federal holidays or when the

Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings.

C. 1.5.6 CONTRACTOR PERSONNEL, DISCIPLINES, AND SPECIALTIES

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources.

The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

C. 1.5.7 POST AWARD CONFERENCE: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR

Subpart 42.5. The Government intends to convene a Post Award Conference with the Contractor within ten business days after contract award. The Contracting Officer will notify the Contractor of the specific date, location and agenda.

C. 1.5.7.1 STATUS MEETINGS: The Contracting Officer, Government Technical Representative (GTR) and other Government personnel, as appropriate may meet periodically with the Contractor to 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 will 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.

C.1.5.8 CONTRACTOR TRAVEL: HUD will not reimburse the Contractor for travel for Rent

Comparability Studies (RCS). The Contractor must provide all necessary travel in the performance of the PWS.

C.2 DEFINITIONS, ACRONYMS, APPLICABLE DOCUMENTS/PUBLICATIONS

C.2.1 DEFINITIONS

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.

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 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.

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 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 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.

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.

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 key personnel are used as an evaluation factor in best value procurement, offerors can 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 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 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.

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.

Rent Comparability Study (RCS) A document prepared by a licensed appraiser that estimates the

“market” rent for Section 8 units. “Market Rent” is the rent that a knowledgeable tenant would most probably pay for Section 8 units, as of the date of the appraiser’s report, if the tenants were not receiving rental subsidies and rents were not restricted by HUD or other government agencies.

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 Used to express what is mandatory.

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.

Work Week Monday through Friday, unless specified otherwise.

C. 2.2 ACRONYMS

ACWP Actual Cost of Work Performed

AQL Acceptable Quality Level

ARAMS Automated Renewal and Amendment System

CFO or OCFO Office of the Chief Financial Officer of HUD

CFR Code of Federal Regulations

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

IPT Integrated Project Team

IT Information Technology

IV&V Independent Validation and Verification

LOE Level of Effort

NLT Not Later Than, or No Later Than

OCPO Office of the Chief Procurement Officer

OMB Office of Management and Budget

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

RCS Rent Comparability Study

SF Standard Form

TBD To be determined

U.S.C United States Code

C.3 APPLICABLE REGULATIONS/MANUALS/DOCUMENTS/ PUBLICATIONS

The most recently approved version of Chapter 9 of HUD’s Section 8 Renewal Policy Guide

(Guide). http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/mfhsec8

C.4 GOVERNMENT FURNISHED PROPERTY AND SERVICES

The Contractor shall ensure accurate control and accountability of all Government Furnished

Property in accordance with terms and conditions of this contract. The Government will furnish, at no cost to the Contractor, the GFP shown below.

C. 4.1 Facilities and Equipment: N/A

C. 4.2 Quality Assurance (QA): The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable quality level.

C.5 CONTRACTOR FURNISHED ITEMS AND SERVICES

The Contractor shall furnish, all facilities, equipment and supplies required to perform the work under this contract that are not listed under Government Furnished Property and Services.

The Contractor shall provide all management, supervision, personnel, equipment, materials, supplies and other items and services necessary to perform, schedule, coordinate, and assure effective performance of all work completed under the contract. HUD also may also perform inspections of projects located in the areas specified in the contract if determined to be in the best interest of the Government.

C.5.1 Contractor Responsibilities: The Contractor shall only conduct business with designated

Government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Government, 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.

C.5.2 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 contact 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 Manger/Project Manager or alternate shall be available between the hours of 8:00am to 4:30pm, Monday through Friday EST, except Federal

Holidays or when the Government facility is closed for administrative reasons.

C.5.6 Identification of Contractor Employees: N/A

C.5.7 Quality Control Plan: The Contractor shall develop, maintain, enforce and document a Quality

Control Plan (QCP). The QCP shall ensure 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 conducted in accordance with its Quality Assurance Surveillance Plan

(QASP). 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 and validate 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. The Contractor shall provide the associated Quality Control Plan (see C.7.2).

C.6 SPECIFIC TASKS AND DELIVERABLES

C.6.1 SCOPE OF WORK: The Contractor shall perform the following services:

Rent Comparability Studies

The contractor shall prepare Rent Comparability Studies for Section 8 contracts identified by the

GTR. These studies shall be conducted throughout the Regions (identified in section C. 1.5.4). The contractor shall prepare the study in accordance with the procedures set forth in Chapter 9 of the

Guide. Should there be any differences between the requirements in this contract and the Guide, the requirements contained in the Guide shall prevail.

The Guide can be found at http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/mfhsec8

C.6.1.1.1 The Contractor shall inspect and analyze Section 8 projects

The Contractor shall Inspect and Analyze the subject Section 8 project and its surrounding neighborhood as discussed in Chapter 9 of the Guide Section 9-9.

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9

C.6.1.1.2 The Contractor shall select comparables

The Contractor shall select comparables for each primary unit type in accordance with the instructions in Chapter 9 of the Guide.

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9

C.6.1.1.3 The Contractor shall collect and document data on comparables.

The contractor shall collect data as required by Chapter 9 of the Guide and complete the Rent

Comparability Grid (HUD 92273-S8). The appraiser shall use HUD's Excel form to prepare the http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/mfhsec8 http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9

Grid, unless the GTR agrees to another method of completing the Grid. If the RCS is being created as part of a Capital Repairs Program as noted under C.1.3 Objective, then two Rent Grids shall be submitted, one for “as-is” market rents and the other for “after-rehab”, each clearly noted.

A softcopy of the spreadsheet can be located at:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9

C.6.1.1.4 The Contractor shall compute an adjusted rent

The Contractor shall compute an adjusted rent for each primary unit type as directed in Chapter 9 of the Guide.

C.6.1.1.5 Derive a market rent

The Contractor shall use the adjusted rents to derive a market rent for each unit type as directed in

Chapter 9 of the Guide.

C.6.1.1.6 Prepare Rent Comparability Studies Report

The contractor shall prepare the report in the format required by the Guide. The report shall comply with the section 9 and appendix of the Guide.

C.7 DELIVERABLES AND MILESTONES

The Contractor shall complete all work, deliver all deliverables and adhere to all milestones as specified herein. The Government reserves the right to make changes to delivery dates.

C.7.1 Acceptance Criteria: All deliverables shall be submitted in a draft format agreed upon by the

Contractor and the Government. Acceptance of all deliverables shall be given by the GTR, via email, to the Contractor.

C.7.2 Quality Control Plan: The Contractor’s QCP shall be delivered 15 days after the Post Award

Conference and updated thereafter. A copy of a comprehensive written QCP shall be submitted to the GTR and within 5 business days when changes are made thereafter. After acceptance of the QCP

Deliverable & Task

No.

Frequency # of Copies Medium/Format Submit To Due Date

Quality Control Plan Once 1 Email/ MS Word GTR Fifteen (15) after the Post

Award

Conference

Rent Comparability

Study

PWS C.6.1.1

Draft – Once

Final - Once

Email MS Word

Document

GTM/GTR Draft: 30 days from date of assignment

Final: Ten (10) days after government has reviewed and returned to contractor for revisions the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to its quality control system.

C.8 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 surveillance. 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.

The PRS headings are defined as follows:

Performance Measure – This column lists the service the Contractor must perform as indicated in the PWS.

Performance Objectives (PWS Reference) – This column lists the applicable outcome (service required) as stated in the PWS.

Performance Standard for Excellence – States the performance standard(s) that the Contractor must meet as set forth for completeness, reliability, accuracy, timeliness, quality

Minimum Acceptable Quality Level (AQL) – Percentage or minimum required acceptable level of service, [i.e., no more than one customer complaint per report]

Surveillance Method – Lists the assessment/monitoring method the Government will use to evaluate the Contractor’s performance in meeting the contract requirements and indicates who performs the surveillance. Definitions of methods of surveillance are below.

100% Inspection. One hundred percent inspection shall be used for those products and services, which are considered critical tasks. All tasks that utilize this method of surveillance shall be reviewed by HUD and certified for its completeness, accuracy, and conformance to HUD’s standard.

Validated User Complaints. User complaints will be received through various means of communications, telephone calls, email, forum entries, etc. User complaints will be recorded and maintained by HUD.

Periodic Inspection. Predetermined plans for inspecting part of the work are established using the scope of work.

Random Sampling. Services/products are sampled to determine if the level of performance is acceptable.

Performance

Measure

Performance

Objective

Performance

Standard

Minimum

Acceptable

Quality Level

Surveillance

Method

Rent Comparability

Studies (RCS)

The Contractor shall provide rent comparability studies

The contract shall deliver a RCS*

The Contractor shall deliver a

RCS that shall comply with all of the instructions in

Sections 9-9 through 9-13 of the Section 8

Renewal Policy

Guide.

100% inspection by

GTR.

SECTION D-PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND SHIPPING COSTS

The contractor must pay for all postage and shipping costs related to the submission of information (including reports and forms) required by this contract. The unit prices in

Section B are inclusive of all postage, shipping, and delivery charges.

D.2 MARKING

All information submitted to the Contracting Officer, Government Technical

Representative, and Government Technical Monitor must clearly indicate the contract number/task order number.

All documents submitted or reports produced by the contractor must be suitably marked as contractor products or that contractor participation is appropriately disclosed.

SECTION E-INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E.2 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)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the

Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the

Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the

Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F.2 FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment

(excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

SECTION G-CONTRACT ADMINISTRATION DATA

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SECTION H-SPECIAL CONTRACT REQUIREMENTS

H.1. 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.

d. The contractor may download publications, forms, and handbooks from the following HUD websites:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hand bks_forms or HUDCLIPS (HUD’s Client Information Policy Systems) http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudcl ips/

H.2. 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 they are 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.3 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.

SECTION I- CONTRACT CLAUSES

I.1 FAR 52.202-1 DEFINITIONS. (NOV 2013)

I.2 FAR 52.203-3 GRATUITIES (APR 1984)

I.3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I.4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)

I.5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

I.6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

I.7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY. (MAY 2014)

I.8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (OCT 2010)

I.9 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR

2014)

I.10 FAR 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

I.11 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER. (MAY 2011)

I.12 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

I.13 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2016)

I.14 FAR 52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE

(OCT 2016)

I.15 FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2016)

I.16 FAR 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY

CONTRACTS (OCT 2016)

I.17 FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

I.18 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

I.19 FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

I.20 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013)

I.21 FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

I.22 FAR 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

I.23 FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT

1997)

I.24 FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG

2011)

I.25 FAR 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS (OCT

2010)

I.26 FAR 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

I.27 FAR 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JULY 2005)

I.28 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.29 FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS (OCT 2010)

I.30 FAR 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the

Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after [one year after expiration of basic contract ordering period].

I.31 FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

I.32 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

I.33 FAR 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

I.34 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

I.35 FAR 52.222-3 CONVICT LABOR (JUNE 2003)

I.36 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.37 FAR 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

I.38 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2019_1.html#wp1101780 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2019_1.html#wp1101780

I.39 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.40 FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

I.41 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

I.42 FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

I.43 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.44 FAR 52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR

STANDARDS TO CONTRACTS FOR CERTAIN SERVICES—REQUIREMENTS (MAY 2014)

I.45 FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.46 FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

I.47 FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN

1997)

I.48 FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.49 FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

I.50 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

I.51 FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.52 FAR 52.232-1 PAYMENTS (APR 1984)

I.53 FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.54 FAR 52.232-11 EXTRAS (APR 1984)

I.55 FAR 52.232-17 INTEREST (MAY 2014)

I.56 FAR 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

I.57 FAR 52.232-25 PROMPT PAYMENT (JAN 2017)

I.58 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

I.59 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

I.60 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS. (DEC 2013)

I.61 FAR 52.233-1 DISPUTES. (MAY 2014)

I.62 FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.63 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.64 FAR 52.242-13 BANKRUPTCY. (JUL 1995)

I.65 FAR 52.243-1 CHANGES—FIXED PRICE (AUG 1987)

I.66 FAR 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I.67 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JAN 2017)

I.68 FAR 52.246-23 LIMITATION OF LIABILITY (FEB 1997)

I.69 FAR 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT

FORM) (APR 1984)

I.70 FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.71 FAR 52.252-2 CLAUSES INCORPORATED BY…