DU206SF-16-R-0002__-_08-20-16.docx

SECTION M–EVALUATION FACTORS FOR AWARD Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

Table of Contents PAGE

Section B - SUPPLIES OR SERVICES AND PRICES/COST PART ………………..………………………

Section C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT..……………………………...........…..6

Section D - PACKAGING AND MARKING ………………………………………………………………….…10

Section E – INSPECTION AND ACCEPTANCE…………....…………………………………….…………….11

Section F – DELIVERIES OR PERFORMANCE…………....………………………………………….……….12

Section G – CONTRACT ADMINISTRATION DATA…………....…………………………..………………..13

Section H – SPECIAL CONTRACT REQUIREMENTS….....………………………………..….……

Section I – CONTRACT CLAUSES…………………………....……………………………………..........…….16

Section J – LIST OF ATTACHMENTS…………..…………....………………………………………..........….28

Section K – REPRESENTATIONS AND CERTIFICATIONS……………………………………..……

Section L – INSTRUCTIONS, CONDITIONS, AND NOTICES….………………………………..…..........….42

Section M – EVALUATION FACTORS FOR AWARD..…....……………………………………….…

TABLE OF CONTENTS Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST PART

B.1 CONTRACT DEFINITION

This is a fixed contract under the authority of FAR Part 13.5-Simplified Procedures for Certain Commercial Items to obtain Home Sales and Market Data Subscription services as stated in Statement of Work.

B.2 DESCRIPTION OF SERVICES

The Contractor shall provide all management, supervision, personnel, equipment, materials, supplies, facilities, professional, technical, and clerical services and other resources necessary to perform, schedule, coordinate, deliver, and assure effective performance of all tasks as defined in Statement of Work to provide the home sales and market data subscription services.

B.3 CONTRACT LINE ITEM NUMBERS AND PRICES

B.3.1: The quantities of licenses to be provided during the period are indicated in the tables below.

B.3.2 CONTRACT FIXED UNIT RATES AND TOTAL PRICES

Description

16 Sept 2016 – 15 Sept 2017

16 Sept 2017 – 15 Sept 2018

16 Sept 2018 – 15 Sept 2019

16 Sept 2019 – 15 Sept 2020

16 Sept 2020 – 15 Sept 2021

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 - GENERAL

1.1 BACKGROUND

Pursuant to §209 of the National Housing Act (“the Act”) the HUD Secretary shall cause to be made such statistical surveys and legal and economic studies as he shall deem useful to guide the development of housing and the creation of a sound mortgage market in the United States, and shall publish from time to time the results of such surveys and studies. The Economic and Market Analysis Division’s (“EMAD”) housing market analyses serve a variety of purposes. Sound analysis of housing markets is critical to HUD’s own programs and missions, particularly in the Department’s efforts to avoid adverse effects on existing supplies, promote affordable housing, and maintain stable housing and mortgage markets.

The Office of Economic Affairs and other Offices within Policy Development and Research (PD&R) have a continuing need for data relating to home sales and sales market activity. HUD’s field office economists are routinely responsible for providing evaluations of local housing market conditions to other Offices within HUD. In order to analyze a market in a timely and effective manner, the field economists need access to a variety of data sources, including data relating to sales markets. In addition, these data would be used in the Comprehensive Housing Market Reports published by EMAD.

HUD’s field economists analyze sales housing market conditions and assess the demand for additional homes in specific housing market areas. They look at the trends of housing starts, existing, REO and those in foreclosure including the number of units sold, the sales prices and how long homes stay in the market before being sold.

EMAD frequently provides market intelligence to other organizations within HUD, such as the HUD FHA Single Family Housing Homeownership Center, Office of Public and Indian Housing, and Office of Community Planning and Development, and to the field office and regional office directors. EMAD assists other federal agencies, such as the Department of Agriculture’s Rural Development Housing and Community Facilities Program and the Department of Defense’s multifamily housing construction projects. Finally, HUD also publishes many of EMAD’s housing studies and reports to provide information to builders, lenders, developers, planners, economic development officials, real estate professionals, local government officials, academics, and the general public. EMAD publishes the results of its housing analyses in the quarterly U.S. Housing Market Conditions report and the individual Comprehensive Housing Market Analysis reports (comprehensives), posted on the HUD USER website (http://www.huduser.org).

C.2 SCOPE OF WORK

The Contractor shall provide all management, supervision, personnel, equipment, materials, supplies, facilities, professional, technical, and clerical services and other resources necessary to perform, schedule, coordinate, deliver, and assure effective performance of all tasks as defined in Scope of Work. The contractor shall:

2.1 Provide 50 licenses for housing data subscription service;

2.2 Provide necessary login and support for online subscriptions; and

2.3 Provide timely, accurate, and valid data consistent with the data requirements herein

C.3 DEFINITIONS

3.1 – DEFINITIONS: The definitions set forth below are defined generally and are not unique to this contract. The listing of definitions is not all-inclusive, and has been derived from official publications when available.

Business Day – Workdays (Monday thru Friday), exclusive of Saturday, Sunday and Federal holidays.

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 – the individual, partnership, corporation, or other entity that is the party subject to the terms and conditions of this contract. This is the Contractor for this contract.

Contracting Officer (CO) – a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Days – calendar days, unless otherwise specified as business days

GTM - the Government Technical Monitor is appointed in writing by the Contracting Officer. The GTM, for purposes of this contract, is subordinate to the GTR and assists the GTR in monitoring the Contractor’s performance.

GTR - the Government Technical Representative is appointed in writing by the Contracting Officer. The GTR monitors compliance with the provisions of this contract.

Holiday – HUD observes the following days as holidays:

3.2 - ACRONYMS: For the purpose of the resultant contract, the acronyms listed below shall apply:

C.4 MINIMUM REQUIREMENTS

4.1 The contractor shall provide access to data which is current, complete, and accurate for the following criteria. The Government shall be granted permission and full license to utilize, cite, and publish the data provided by the contractor in its analyses and published reports. When contractor’s data is reproduced in a publication, it shall be cited accordingly, as appropriate.

4.2 Home sales counts and average prices shall be provided for new, regular resale, Real Estate Owned (REO) and existing homes

4.3 Mortgage statistics shall be made available as follows:

1. Average mortgage rate

2. Mortgage rate type (ARM, fixed)

3. Percentage of mortgaged financed (mortgage less down payment)

4.4 Home sales data shall be made available for, or by:

1. Sales types

2. New construction

3. Regular Resale

4. REO home sales

5. Existing homes

4.5 Geographic Area of Coverage – Data shall be provided for the following geographies:

1. National

2. State

3. Metropolitan statistical area

4. County

5. Zip code

6. Transaction level (where available)

7. User-defined polygon via interactive online GIS mapping services

8. Coverage should be based on deed transactions from all reporting agencies

4.8 Owner types

1. Non-owner occupied buyers

2. Owner occupied buyers

3. Cash buyers

4. Mortgage buyers

4.9 Transaction-level data

1. Buyer name

2. Seller name

3. Property address, city, state

4. Sale type

5. Sale date

6. Sale price

7. Lender where applicable

4.11 Data must be web based and available on-demand. The information provided electronically shall be screen-readable, in compliance with Section 508 of the Rehabilitation Act Amendments of 1998 (29 U.S.C. Section 794(d)) as enacted in the Workforce Investment Act of 1998.

SECTION C – STATEMENT OF WORK Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

4.12 Data should be accessible online during business hours (M-F 8:00 -5:00 EDT) excluding federal holidays. The contractor should offer initial training to authorized government staff on the use and access to its data and tools. Contractor should provide web based or telephonic customer support during normal business hours from 8:00 - 5:00 EDT Monday through Friday excluding federal holidays. If any upgrades or changes to the operation of the data tools occurs during the contract period, the contractor should provide additional training to staff regarding such changes.

SECTION D – PACKAGING AND MARKING:

D.1 All deliverables or relevant contract information must be delivered electronically to the GTR SECTION D – PACKAGING AND MARKING Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

D.2 All information submitted to the Contracting Officer or GTR/GTM shall clearly indicate the contract number for which the information is being submitted.

SECTION E - INSPECTION AND ACCEPTANCE:

E.1 AVAILABILITY OF RECORDS

Throughout the entire life of the contract, the Contracting Officer or duly authorized representative(s) shall have full and free access to the contractor’s books, documents, papers and records that are pertinent to activities under the contract, including all those books, documents, papers and records.

E.2 QUALITY INSPECTION CRITERIA

As described in Section I - FAR 52.212-4 and HUDAR 2452.246-70.

E.3 QUALITY ASSURANCE: The Contractor should make sure that is has methods in place to monitor the operation of its databases and the availability, validity, and quality of the data and make all reasonable best efforts to ensure that each are of the highest quality and accurateness. The GTR shall monitor the performance of the Statement of Work and report all deficiencies to the Contracting Officer for appropriate measures which protect the Government’s interest in performance of the work.

E.4 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 GTR.

SECTION E– INSPECTIONS AND ACCEPTANCE Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

SECTION F– DELIVERIES OR PERFORMANCE Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

F.1 All online access details shall be emailed to the Government Technical Representative (Elizabeth Oduor). Email Address: Elizabeth.A.Oduor@hud.gov

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - PAYMENT SCHEDULE and INVOICE SUBMISSION

G.1.1 2452.232-70 Payment Schedule and Invoice Submission (Fixed-Price) MAR 2016

(a) Payment schedule. Payment of the contract price (see Section B of the contract) will be made upon completion and acceptance of all work.

Alternate II (MAR 2016).

(b) Submission of invoices.

(1) The Contractor shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL below with a copy to the Government Technical Representative (GTR) and a copy to the Contracting Officer.: https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm in accordance with the instructions on the Web site. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232-25, ``Prompt Payment.''

(2) To assist the government in making timely payments, the contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., block 14 of the Standard Form (SF) 26, block 21 of the SF-33, or block 25 of the SF-1449). (End of Alternate II)

(c) Contractor remittance information. The contractor shall provide the payment office with all information required by other payment clauses or other supplemental information (e.g., contracts for commercial services) contained in this contract.

(d) Final invoice payment. The final invoice will not be paid prior to certification by the Contracting Officer that all work has been completed and accepted.

(End of clause)

G.1.2 52.213-2 – Invoices (Apr 1984)

The Contractor’s invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state --

(a) The starting and ending dates of the subscription delivery; and

(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment. (End of Clause)

G.1.3. To constitute a proper invoice, the invoice must include all items required by FAR clause 52.212-4(g).

The contractor shall submit a proper invoice within 30 days after the subscription service stated in the SOW has been delivered.

G.1.4 Contractor Remittance Information. The contractor shall provide the payment office with all information required by other payment clauses or other supplemental information (e.g., contracts for commercial services) contained in this contract. To constitute a proper invoice, the invoice must include all items required by FAR clause 52.212-4(g), Prompt Payment and the following information and/or attached documentation:

1. Contract Number, applicable Task Order Number, and CLIN;

2. Contractor’s name, address and telephone number;

3. Invoice Number and date;

4. Applicable accounting and appropriation data;

5. Total amount due G.1.5 Email Addresses - Payment Office, GTR, and Contracting Officer

PAYMENT OFFICE Submission - Submit all invoices to:

Treasury’s Invoice Processing Platform (IPP) https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm

Questions can be emailed to: AccountsPayable@fiscal.treasury.gov

GTR Submission - Email the following to the GTR: Elizabeth.A.Oduor@hud.gov

1. Invoice

2. Supporting Documentation

Contracting Officer and Contract Specialist Submission – Email the following to the Contracting Officer- leroy.h.white@hud.gov and Contract Specialist – virgil.m.rogers@hud.gov

1. Invoice

2. Supporting Documentation

SECTION G – CONTRACT ADMINISTRATION DATA Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SECTION 508 COMPLIANCE

Section 508 of the Rehabilitation Act of 1973 requires that Federal agencies' electronic and information technology is accessible to people with disabilities. All future HUD web sites and applications must be developed to be compliant with Section 508. Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing.

If such repair or replacement is not completed within the time specified, the Government shall have the following recourses: cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or make repairs performed by itself or by another firm and the CI shall reimburse the Government for any expenses incurred thereby.

H.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

On October 1, 2010, the Department of Housing and Urban Development (HUD) implemented the use of the Contractor Performance Assessment Reporting System (CPARS) that is managed by the Department of Defense (DOD). CPARS assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, construction/production management reviews, contractor operations review, functional performance evaluations, and earned contract incentives.

CPARS has connectivity with the Federal Past Performance Information Retrieval System (PPIRS). PPIRS is the system used to collect and retrieve performance assessment reports from Federal agencies for use in source selection determinations. Completed CPARS report cards are transferred to PPIRS on a weekly basis and are available for source selection purposes. CPARS is for UNCLASSIFIED use only.

Contractors do not have to register in CPARS. They are given access by the Government Focal Point when a contract is issued to the contractor. The contractor will receive a temporary password, fill in their account information (phone number, name, title, etc.) change their password, read the rules of behavior and then, they will be able to access CPARS.

The following is the website for access to the system: www.cpars.gov. Telephone Contact Voice Phone: (207) 438-1690; Email Contact: webptsmh@navy.mil

H.3 NAICS CODE - The North American Industry Classification System (NAICS) code for this acquisition is 531390 Other Activities Related to Real Estate. The business size standard is $7,500,000 for 531390.

H.4 POSTAWARD ORIENTATION CONFERENCE

SECTION H– SPECIAL CONTRACT REQUIREMENTS Home Sales and Market Data Subscription Policy Development and Research DU206SF-16-R-0002

The contractor may be required to attend a post-award conference. If required, the conference will be held via teleconference. The Contracting Officer or designee will provide the contractor with the date, time and contact information for the conference.

SECTION I – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference FEB 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www/farsite.hill.af.mil

(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 (Nov 2015)

(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:

_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 (Oct 2015) (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 (Oct 2015) (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).

___ (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 (Oct 2015) (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 2014) (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] _x__ (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 2015) (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 2015) of 52.219-9.

___ (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 Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_x__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (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 (Oct 2015) (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 (Oct 2015) (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 (Oct 2015). (E. O. 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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (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.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_x__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (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.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x__ (48) 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).

___ (49) 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).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x__ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (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).

___ (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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (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 (Oct 2015) (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 $700,000 ($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 (Oct 2015) (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 (Feb 2016) (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 (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(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.

(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.

(End of Clause) 52.217-9 Option to Extend the Term of the Contract MAR 2000

(a) The Government may extend the term of this contract by written notice to the Contractor no later than 30 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed the period of time set in the Schedule except that extensions pursuant to FAR 52.217-8 permit the duration to extend up to 6 months beyond the stated limit.

(End of Clause)

HUDAR 2452.203-70 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES FEB 2006

In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to government employees or a business concern or other organization owned or substantially owned or controlled by one or more government employees. For the purposes of this contract, this prohibition against the use of government employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants.

(End of clause)

HUDAR 2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS (TANGIBLE AND ELECTRONICALLY STORED INFORMATION (ESI) FORMATS) (DEC 2012)

(a) For the purposes of this clause—

Contract records means information created or maintained by the contractor in the performance of the contract. Contract records include documents required to be retained in accordance with FAR 4.703 and other information generated or maintained by the contractor that is pertinent to this contract and its performance including, but not limited to: email and attachments, formal and informal correspondence, calendars, notes, reports, memoranda, spreadsheets, tables, telephone logs, forms, survey, books, papers, photographs, drawings, machine-readable materials, and data. Contract records may be maintained as electronically stored information or as tangible materials. Contract records may exist in either final or any interim version (e.g., drafts that have been circulated for official purposes and contain unique information, such as notes, edits, comments, or highlighting). Contract records may be located or stored on the contractor's premises or at off-site locations.

Electronically stored information (ESI) means any contract records that are stored on, or generated by, an electronic device, or contained in electronically accessible media, either owned by the contractor, subcontractor(s), or employees of the contractor or subcontractor(s) regardless of the physical location of the device or media ( e.g., offsite servers or data storage).

ESI devices and media include, but are not be limited to:

(1) Computers (mainframe, desktop, and laptop);

(2) Network servers, including shared and personal drives;

(3) Individual email accounts of the contractor's principals, officers, and employees, including all folders contained in each email account such as “inbox,” “outbox,” “drafts,” “sent,” “trash,” “archive,” and any other folders;

(4) Personal data assistants (PDAs);

(5) External data storage devices including portable devices (e.g., flash drive); and

(6) Data storage media (magnetic, e.g., tape; optical, e.g., compact disc, microfilm, etc.).

Tangible materials means contract records that exist in a physical (i.e., non-electronic) state.

(b) If during the period of performance of this contract, HUD becomes, or anticipates becoming, a party to any litigation concerning matters related to records maintained or generated by the Contractor in the performance of this contract, the Contracting Officer may provide the contractor with a written (either hardcopy or email) preservation hold notice and certification of compliance with the preservation hold notice. Upon receipt of the hold notice, the Contractor shall immediately take the following actions—

(1) Discontinue any alteration, overwriting, deletion, or destruction of all tangible materials and ESI.

(2) Preserve tangible materials and ESI. The contractor shall preserve ESI in its “native” form to preserve metadata ( i.e., creation and modification history of a document).

(3) Identify all individuals who possess or may possess tangible materials and ESI related to this matter, including contractor employees, subcontractors, and subcontractor employees. The contractor shall provide the names of all such individuals via email to the HUD official indicated in the notice.

(4) Document in writing the contractor's efforts to preserve tangible materials and ESI. It may be useful to maintain a log documenting preservation efforts.

(5) Complete the certification of compliance with the preservation hold notice upon receipt and return it to the identified contact person; and

(6) Upon the request of the Contracting Officer, provide the Contracting Officer or other HUD official designated by the Contracting Officer with any of the information described in this clause. The contractor shall immediately confirm receipt of such request. The contractor shall describe in detail any records that the contractor knows or believes to be unavailable and provide a detailed explanation of why they are unavailable, and if known, their location.

(c)(1) If any request for records pursuant to paragraph (b)(6) of this clause causes an increase in the estimated cost or price or the time required for performance of any part of the work under this contract, or otherwise affects any other terms and conditions of this contract, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(2) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the Contracting Officer's request made pursuant to paragraph (b)(6) of this clause. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a request submitted before final payment of the contract.

(3) Failure to agree to any adjustment shall be a dispute under the “Disputes” clause of this contract. However, nothing in this clause shall excuse the contractor from providing the records requested by the Contracting Officer.

(e) The Contractor shall include this clause in all subcontracts.

(End of clause)

HUDAR 2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST APR 1984

(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a Government contract and a Contractor's organizational, financial, contractual or other interests are such that:

(1) Award of the contract may result in an unfair competitive advantage; or

(2) The Contractor's objectivity in performing the contract work may be impaired.

(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict.

The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract for default.

(d) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

(End of clause)

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

WITH DISABILITIES FEB 2006

The contractor shall assure that any meeting, conference, or seminar held pursuant to the contract meets all applicable standards for accessibility to persons with disabilities pursuant to Section 504 of the Rehabilitation Act of l973, as amended (29 U.S.C. 794), and any implementing regulations of the Department. The contractor shall be responsible for ascertaining the specific accessibility needs (e.g., sign language interpreters) for each meeting, conference, or seminar in light of the known or anticipated attendees

HUDAR 2452.237-70 KEY PERSONNEL FEB 2006

(a) Definition. "Personnel" mean employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities.

(b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Key personnel shall perform as follows:

HUDAR 2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE MAR 2016

(a) The Contracting Officer will provide the contractor with the name and contact information of the Government Technical Representative (GTR) assigned to this contract. The GTR will serve as the contractor's liaison with the Contracting Officer with regard to the conduct of work. The Contracting Officer will notify the contractor in writing of any change to the current GTR's status or the designation of a successor GTR.

(b) The GTR for liaison with the contractor as to the conduct of work is [to be inserted at time of award] or a successor designated by the Contracting Officer. The Contracting Officer will notify the contractor in writing of any change to the current GTR's status or the designation of a successor GTR.

(c) The GTR will provide guidance to the contractor on the technical performance of the contract. Such guidance shall not be of a nature which:

(1) Causes the contractor to perform work outside the statement of work or specifications of the contract;

(2) Constitutes a change as defined in FAR 52.243 1;

(3) Causes an increase or decrease in the cost of the contract;

(4) Alters the period of performance or delivery dates; or

(5) Changes any of the other express terms or conditions of the contract.

(d) The GTR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five calendar days after oral issuance. The GTR may issue such guidance via telephone, facsimile (fax), or electronic mail.

(e) Other specific limitations [to be inserted by Contracting Officer]:

(f) The contractor shall promptly notify the Contracting Officer whenever the contractor believes that guidance provided by any government personnel, whether or not specifically provided pursuant to this clause, is of a nature described in paragraph (b) above.

(End of clause)

HUDAR 2452.237-77 TEMPORARY CLOSURE OF HUD FACILITIES MAR 2016

(a)(1) The Department of Housing and Urban Development observes the following days as holidays-- New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day| Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(2) When any holiday specified in (a)(1) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(b)(1) HUD may close a HUD facility for all or a portion of a business day as a result of-

(A) Granting administrative leave to non-essential HUD employees (e.g., unanticipated holiday);

(B) Inclement weather;

(C) Failure of Congress to appropriate operational funds;

(D) Or any other reason.

(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility.

(3) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which HUD employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

(c) When contractor personnel services are not required or provided due to closure of a HUD facility as described in this clause, the contractor shall be compensated as follows--

(1) For fixed price contracts, deductions in the contractor's price will be computed as follows--

(A) The deduction rate in dollars per day will be equal to the per month contract price divided by the number of business days in each month.

(B) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the…