Revised_DU208WR-13-R-0005_Posted_6-20-13.doc

National Loan Servicing Support Solicitation Number: DU208WR-13-R-0005

COMBINED SYNOPSIS/SOLICITATION

NATIONAL LOAN SERVICING SUPPORT SERVICES

Solicitation #DU208WR-13-R-0005

1. Description

1.1 The Contractor shall perform professional loan servicing support services to include performing a wide range of FHA Insured and Secretary-held first, second and subordinate note and mortgage loan servicing functions. The servicing functions support the following loan programs: Home Equity Conversion Mortgage (HECM) Insured and HECM Assigned Mortgages, Partial Claim mortgages, 235 Recapture and Nehemiah mortgages, Assignment Program mortgages, Asset Control Area (ACA) compliance and Enforcement mortgages, Purchase Money mortgages, Good Neighbor Next Door (GNND), Hope for Homeowners (H4H), Emergency Home Loan Program (EHLP), and other mortgage programs as implemented.

1.2 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

1.3 DU208WR-13-R-0005 is issued as a request for proposal (RFP) on June 4, 2013. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66 (April 1, 2013).

1.4 This is an 8(a) competitive set aside. The NAICS code is 522390 and the size standard for a small business concern is $7 million.

1.5 PERIOD OF PERFORMANCE: The period of performance is a basic period of 12 months with four 12-month option periods. This is a fixed unit price contract with reimbursable items. The Performance Work Statement (PWS) is in Attachment A. HUD intends to award one contract for National Loan Servicing Support Services from this solicitation.

1.6 PRICE SCHEDULE

(a) As total compensation for all services performed in accordance with the terms, conditions, and specifications stated herein, the Contractor will be paid upon completion and acceptance of the fixed unit prices listed for each line item.

(b) All allowable reimbursements identified in Attachment A, paragraph 13 made through the life of the contract, shall be made based on actual costs incurred to the contractor with no additional fees added, and are not included in the contract pricing.

(c) One Time Reimbursable Costs are identified in Attachment A, paragraph 13.2.

1.6.1 TRANSITION COSTS

CLIN 008 - The contractor will be paid a firm fixed price for all requirements of Attachment A, paragraph 6, paragraph 9.4 and paragraph 13.2 for Transition costs. Though submitting as a single firm fixed price, this line item will be paid in two installments. The Contractor shall invoice for the first half of the installment of the Transition Price when the requirements of the first phase of the Transition Period have been completed as described in Attachment A, paragraph 6.2.1. The Contractor is entitled to bill the second installment of the Transition Price when the requirements of Attachment A, paragraph 6.2.2 have been completed. Regardless of how long the transition actually takes, the contractor shall not be entitled to any servicing fees until the GTR certifies that transition is complete.

CLINs 108, 208, 308 and 408 – Phase out transition costs shall include one time expenses to transition the contract to the new contractor. These include the additional temporary labor, supplies, and other approved one time costs. CLINs 108, 208, and 308 are not anticipated to be used unless the government does not unilaterally exercise the following option period. The cost for transition phase out will be negotiated during the option period the transition will occur in.

1.6.2 CLIN 001 – 005 FIXED MONTHLY SERVICE PRICE (and corresponding CLINS for each option period)

The Contractor shall be paid a fixed Monthly Service Price after the first full month of servicing capacity following transition for all requirements not elsewhere specified based on the beginning monthly inventory of active loans including new loans added. The Contractor shall be entitled to compensation under these CLINs after completion of Transition as evidenced by written acceptance by the Government Technical Representative (GTR) and the Contracting Officer (CO). In the month following acceptance of the service by the GTR, the Contractor may begin to invoice the Monthly Service Price in accordance with the requirements of paragraph 5.3.8, Payment Schedule and Invoice Submission. The service price for the first month shall be prorated to include any days from the date of HUD’s written acceptance through the end of that month.

The monthly service price shall be compensation for all requirements not elsewhere specified including all labor and other costs related to servicing all loans in the portfolio, updating the service to accommodate policy, legislative or regulatory changes; adapting to changes in HUD system or system configurations; and adding or deleting external interfaces as required to service all loans in the portfolio and relating to any of the task in this PWS.

Ending monthly inventory of active loans shall be calculated by determining the total number of reconciled, active loans in the portfolio remaining on the last business day of the subject month.

1.6.3 CLIN 0006 NEW DEVELOPMENT OR MAJOR MODIFICATIONS SYSTEM/WEBSITE/WEB-HOSTING (and corresponding CLINS for each option period)

The Contractor shall be paid an hourly rate for new development of systems and major modifications to the current SMART system, ECLASS, or EVARS upon approval by the GTR.

Major modifications include incorporating new modules for new programs currently not included in the portfolio, new training modules, and/or automation of processes.

Minor modifications, updates, and or enhancements to SMART, ECLASS, and EVARS will be on-going and should be considered in the pricing of the fixed unit price for the monthly services.

The contractor will be entitled to compensation under this CLIN for the work accomplished in the month billed in accordance with paragraph 5.3.8, Payment Schedule and Invoice Submission, and accepted by the GTR.

BASE CONTRACT PERIOD

Estimated Quantity

Attachment A, paragraph 13.1

NOTE 1: The Total Estimated Annual Price for CLIN 006 is to be the hourly rate multiplied by 1,000 estimated hours. The hours are estimates only for evaluating pricing and are not a guaranteed quantity.

NOTE 2: The Total Not-To-Exceed Price for the base period is the sum of the CLINs with an asterisk (*).

NOTE 3: The Total Estimated Annual Price column does not need to be completed for CLINs 001, 002, 004, 005 and 007 for the base period. The government will provide funding for CLIN 007 at the time of award.

OPTION YEAR ONE

Estimated Quantity

Attachment A, paragraph 13.1

NOTE 1: The Total Estimated Annual Price for CLIN 106 is to be the hourly rate multiplied by 1,000 estimated hours. The hours are estimates only for evaluating pricing and are not a guaranteed quantity.

NOTE 2: The Total Not-To-Exceed Price for Option I is the sum of the CLINs with an asterisk (*).

NOTE 3: The Total Estimated Annual Price column does not need to be completed for CLINs 101, 102, 104, 105 and 107 for Option I. The government will provide funding for CLIN 107 at the time of award.

OPTION YEAR TWO

Estimated Quantity

Attachment A, paragraph 13.1

NOTE 1: The Total Estimated Annual Price for CLIN 206 is to be the hourly rate multiplied by 1,000 estimated hours. The hours are estimates only for evaluating pricing and are not a guaranteed quantity.

NOTE 2: The Total Not-To-Exceed Price for Option II is the sum of the CLINs with an asterisk (*).

NOTE 3: The Total Estimated Annual Price column does not need to be completed for CLINs 201, 202, 204, 205 and 207 for Option II. The government will provide funding for CLIN 207 at the time of award.

OPTION YEAR THREE

Estimated Quantity

Attachment A, paragraph 13.1

NOTE 1: The Total Estimated Annual Price for CLIN 306 is to be the hourly rate multiplied by 1,000 estimated hours. The hours are estimates only for evaluating pricing and are not a guaranteed quantity.

NOTE 2: The Total Not-To-Exceed Price for Option III is the sum of the CLINs with an asterisk (*).

NOTE 3: The Total Estimated Annual Price column does not need to be completed for CLINs 301, 302, 304, 305 and 307 for Option III. The government will provide funding for CLIN 307 at the time of award.

OPTION YEAR FOUR

Estimated Quantity

Attachment A, paragraph 13.1

Attachment A, paragraph 14 One Job

NOTE 1: The Total Estimated Annual Price for CLIN 406 is to be the hourly rate multiplied by 1,000 estimated hours. The hours are estimates only for evaluating pricing and are not a guaranteed quantity.

NOTE 2: The Total Not-To-Exceed Price for Option IV is the sum of the CLINs with an asterisk (*).

NOTE 3: The Total Estimated Annual Price column does not need to be completed for CLINs 401, 402, 404, 405 and 407 for Option IV. The government will provide funding for CLIN 407 at the time of award.

2. The description of requirements is in Attachment A, Performance Work Statement (PWS).

3. Delivery and acceptance

Acceptance site is:

U.S. Department of Housing and Urban Development

2 W. 2nd Street, Suite 400

Tulsa, OK 74103

4. FAR 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 address: http://www.acquisition.gov/far/index.html

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below:

The contractor shall submit cost or pricing data and supporting attachments in the Contract Pricing Proposal Format located at Attachment E.

OCT 2010

Alternate 1

AUG 1987 APR 1984

5. ADDITIONAL CLAUSES

5.1 The following HUDAR clauses are hereby incorporated by reference. The full text can be viewed at: http://hud.gov/offices/cpo/hudar.cfm

5.2 FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (JAN 2013)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

_X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(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_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

5.3 Below are additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices:

5.3.1 FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of the end of period of performance.

5.3.2 FAR 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.

5.3.3 FAR 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____________________________ (contractor insert name) will notify the HUD Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

5.3.4 FAR 52.222-49 Service Contract Act—Place of Performance Unknown (MAY 1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: Oklahoma City, Oklahoma. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by June 14, 2013.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

5.3.5 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 the 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 ___ [Contracting Officer insert period; 30 days if no other period inserted] 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.

5.3.6 HUDAR 2452.211-70 Effective Date and Contract Period (FEB 2006) Alternate I (FEB 2006)

(a) This contract shall be effective on ________________ (To be completed at time of award).

(b) The contractor shall complete all work including all deliveries by __________ (To be completed at time of award).

(c) Delivery dates for specific services and deliverables shall be as set forth in the Schedule.

(d) In accordance with the clause at 52.217-9, "Option to Extend the Term of the Contract," the contract may be extended for the following periods (to be completed at time of award):

5.3.7 HUDAR 2452.219-71 Notification of competition limited to eligible 8(a) concerns - Alternate III to FAR 52.219-18 (DEC 2012)

The following paragraph (c) replaces paragraph (c) of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns:

(c) Any award resulting from this solicitation will be made directly by the HUD Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

5.3.6 HUDAR 2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (DEC 2012)

(a) Payment Schedule. Payment of the contract price (see Price Schedule of the contract) will be made upon completion and acceptance of all work unless a partial payment schedule is included below.

001 through 005 101 through 105 201 through 205 301 through 305 401 through 405

100% after completion and acceptance

Attachment A, paragraph 13.1

100% after completion and acceptance of requirements in Attachment A, paragraph 13.1

50% at later of 90 days from the effective contract award date or acceptance of requirements in Attachment A, paragraph 6

(b) Submission of Invoices.

(1) The Contractor shall submit invoices as follows: Not later than the 10th day of each month, submit an original to the GTR and a copy to the Contracting Officer to the addresses listed below. To constitute a proper invoice, the invoice must include all items required by FAR Clause 52.232-25, “Prompt Payment.”

GTR: Jennifer Fingerlin

U.S. Department of Housing and Urban Development

National Servicing Center

Williams Center Tower II

2 West Second Street, Suite 400

Tulsa, OK 74103

One copy to:

U.S. Department of Housing and Urban Development

ATTN: Bernice Brown

Western Field Contracting Operations (NFW)

1670 Broadway, 23rd Floor

Denver, CO 80202-4801

(2) To assist the government in making timely payments, the contractor is also requested to clearly indicate on the mailing envelope that an invoice is enclosed.

(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) The GTR may ascertain if any reductions are warranted due to inaccurate quantities or disincentives as referenced in the Price Schedule and Attachment A, PWS, of the contract.

(e) Final Invoice Payment. The final invoice shall not be paid prior to certification by the Contracting Officer that all work has been completed and accepted.

Alternate I (April 2013)

The contractor shall submit invoices electronically via email to the GTR shown in subparagraph (b) (1) with a copy to the Contracting Officer. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232-25, "Prompt Payment." The contractor shall clearly include in the Subject line of the email: INVOICE INCLUDED; CONTRACT/ORDER #:, INVOICE NUMBER and Contract Line Item Number(s).

5.3.7 HUDAR 2452.237-70 KEY PERSONNEL (FEB 2006) *(Contractor to complete)

(a) Definition. Personnel means an employee 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:

Contract Manager

Alt Contract Manager

Cash Manager

IT Manager

Note: This information is mandatory. The contractor can add more lines if needed.

*Contractor to list at a minimum the Contract Manager, Alternate Contract Manager, Cash Manager, and IT Manager (see PWS, paragraph 6.1.1.3.1 for acceptable qualifications/licenses)

5.3.8 HUDAR 2452.237-73 Conduct of Work and Technical Guidance (DEC 2012)

(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 Government Technical Representative (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) Certain of the GTR's duties and responsibilities may be delegated to one or more Government Technical Monitors (GTMs) (see HUDAR subpart 2402.1). The Contracting Officer will notify the contractor in writing of the appointment of any GTMs.

(f) Other specific limitations: None

(g) 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 (c) above.

5.3.9 HUDAR 2452.239-71 Information Technology Virus Security (FEB 2006)

(a) The Contractor hereby agrees to make every reasonable effort to deliver information technology products to HUD free of known computer viruses. The Contractor shall be responsible for examining all such products prior to their delivery to HUD using software tools and processes capable of detecting all known viruses.

(b) The Contractor shall include the following statement on deliveries of hardware, software, and data products, including diskettes, made under this contract:

“This product has been scanned for known viruses using [name of virus-screening product, including version number, if any] and is certified to be free of known viruses at the time of delivery.”

(c) The Contracting Officer may assess monetary damages against the Contractor sufficient to compensate HUD for actual or estimated costs resulting from computer virus damage or malicious destruction of computer information arising from the Contractor’s failure to take adequate precautions to preclude delivery of virus-containing products in the delivery of hardware, software, or data on diskettes under this contract. This clause shall not limit the rights of the Government under any clause of this contract.

5.3.12 Place of Performance (Contractor shall complete)

Street Address

City, State, Zip Code

Telephone

Facsimile

5.3.10 AI 05-02 Non-Disclosure Agreements for Contractor Employees

All contractor employees shall complete the non-disclosure form in Attachment D and submit to the Contracting Officer prior to access to protected information.

5.3.14 Non-Disclosure Agreements for Contractor

Contractor employees’ duties may require them to have access to protected information that may not be disclosed outside the Department, even to their coworkers and supervisors within the contractor firm. Protected information includes, but is not restricted to, Government procurement –sensitive information; proprietary business information provided to the Government by other parties (e.g.