IFB 2026-05

Hopewell Redevelopment and Housing Authority

INVITATION FOR BIDS

HRHA IFB# 2026-05

POWERWASHING SERVICES

(Small Procurement)

ISSUE DATE: 09/21/2026

BID DUE DATE: 10/14/2026

PRE-BID MEETING: 09/28/2026

IFB COORDINATOR

N. Denise Henderson

Procurement/Compliance Specialist

Hopewell Redevelopment & Housing Authority

350 East Poythress Street

Hopewell VA 23860

HRHA IFB 2026-05

Powerwashing Services

ACCEPTANCE DATE: Prior to 2:00 p.m., TBD

ACCEPTANCE PLACE: Hopewell Housing and Redevelopment Authority

350 E Poythress St.

Hopewell, Va 23680

A mandatory pre-bid conference will be held at HRHA Central Office located At 350 E Poythress, Hopewell VA 23860 on 09/28/2026 at 9:00am. All parties who intend to submit Bids should attend this meeting. The purpose of this meeting is to review the scope of work and walk the properties and answer any questions for all bidders at one time.

PLEASE NOTE: State Corporation Commiss ion (SCC) registration requirements effective July 1, 2010 require that your bid include the identification number issued by the State Corporation Commission as proof of registration or justification for non-registration, per the requirements in Sections 6.33 and 7.29. Please complete the Proof of Authority to Transact Business in Virginia form on page 13 of this solicitation and submit it with your bid. Failure to provide this information or providing inaccurate or purged information shall result in your bid being rejected.

Requests for information related to this Invitation should be directed to:

N. Denise Henderson

Procurement Specialist Denise.henderson@hopewellrha.org 804-458-5160

Bid packages and specifications may be downloaded from the Authority’s website www.hopwellrha.org Interested bidders are required to check the Authority’s website for any addendum issued that may alter the scope of work for this project, and to incorporate any such changes into their final bid proposal.

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO

PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THE CONTRACTING OFFICER AS SOON AS

POSSIBLE

mailto:Denise.henderson@hopewellrha.org http://www.hopwellrha.org/

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

THIS FORM MUST BE SUBMITTED WITH YOUR BID/PROPOSAL. FAILURE TO INCLUDE

THIS FORM SHALL RESULT IN REJECTION OF YOUR BID/PROPOSAL

Pursuant to Virginia Code §2.2-4311.2, a bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid/ proposal the identification number issued to it by the State Corporation Commission (“SCC”). Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title

13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid or proposal a statement describing why the offeror is not required to be so authorized. Any bidder/offeror described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the Purchasing Agent or his designee.

If this bid/proposal for goods or services is accepted by the Hopewell Redevelopment and Housing Authority, the undersigned agrees that the requirements of the Code of Virginia Section 2.2-4311.2 have been met.

Please complete the following by checking the appropriate line that applies and providing the requested information.

A. Bidder/offeror is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the SCC is

B. Bidder/offeror is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the SCC is

C. Bidder/offeror does not have an Identification Number issued to it by the SCC and such bidder/offeror is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):

Please attach additional sheets of paper if you need to explain why such bidder/offeror is not required to be authorized to transact business in Virginia.

Legal Name of Company (as listed on W-9)

Legal Name of Bidder/Offeror

Date

Authorized Signature

Print or Type Name and Title

HRHA Powerwashing Services

GENERAL CONDITIONS

1.0 Purpose

The purpose of this invitation of bids is to solicit sealed bids to provide powerwashing services in Hopewell VA at the Thomas Rolfe, Davisville Bland Court, and Piper Square housing communities of the Hopewell Redevelopment and Housing Authority (HRHA).

2.0 Performance

The objective of this contract is for the Contractor to provide the services named herein in a safe, professional and business-like manner. The property includes many residents and children that may be on the grounds at any time. Contractor must conduct his duties safely with this requirement in mind. The safety of our Residents is of the highest priority to the HRHA.

3.0 Competition Intended

It is the intent of HRHA that this Invitation for Bid permits competition. It shall be the bidders responsibility to advise the contracting officer in writing if any language, requirement, specification, etc. or any combination of thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the contract officer or designee not later than 15 days prior to the date set for bid to close.

4.0 Scope of Services

The scope of this services contract is for the contractor to furnish all labor, supervision, equipment, tools, transportation and supplies to provide exterior pressure washing services for accumulated dirt, debris, and visible mold buildup in Hopewell VA at four properties managed by HRHA to include Thomas Rolfe, Davisville Bland Court, Piper Court and HRHA Central Office. The resulting contract will be Fixed Price.

5.0 Term of the Contract

The term of this contract will be from time of award through one year. The contract may be renewed for four (4) additional one year terms thereafter by the HRHA. The contract amount may be increased along the lines of the Consumer Price Index and agreed to by both parties.

6.0 Termination

This contract may be terminated by either party with 30 day written notice to the other party. Contractor shall be paid only for work accomplished prior to the date of termination.

7.0 Bidder Minimum Qualifications

7.1 Insurance Coverage

The Contractor must provide proof of insurance for himself and any subcontractors to the following limits:

Commercial General Liability - $1,000,000 Automobile Liability - $1,000,000 per occurrence Workers’ Compensation Insurance - VA statutory Limits

Commercial Umbrella coverage - $1,000,000

HRHA shall be named as additional insured

7.2 Special Conditions

Non-discrimination -The Contractor shall not discriminate against any employee, applicant or sub-contractor on the basis of race, religion, sex, color, national origin, age or disability. Any form of discrimination will be the basis for immediate termination of this contract. Disadvantaged Business Enterprises Contractor will make its best effort to employ minorities, small -women-minority-business enterprises (SWMBE), utilize Section III workers, and hire residents of Public Housing. Contractor will report when hiring any of the above to HRHA as soon as practical.

7.3 Personnel

The Contractor shall have adequate supervision on-site by uniformed, qualified and experienced personnel. Contractor’s employees shall be uniformed and have training appropriate to their task. Contractor shall provide adequate uniformed personnel to undertake the scope of services in a timely and business-like manner.

7.4 Laws and Licensing

Contractor shall be licensed to conduct business in the Commonwealth of Virginia per the State Corporation Commission. Contractor shall conduct his business and provide the scope of services in the contract in accordance with immigration, anti -trust, debarment and anti-collusion (ethics) statutes and all Federal, State, and local codes and regulations.

7.5 Experience

The Contractor will provide evidence of at least five (5) years of experience in the maintenance and contracting field on jobs of equal size, environment, and complexity to this contract in monetary and scope size.

7.6 References

The Contractor shall provide at least three (3) references from businesses or agencies of similar size and complexity to the contract that has been performed within the last three years. Indicate the dates of work for each reference, the name of the business, the name of the contact person and direct phone number of the contact person.

7.7 Qualifications

The contractor will provide information that will show his qualifications to complete the scope of this contract in an efficient, timely and business-like manner. The number of supervisors, workers and the amount and type of equipment should be listed. Any additional documents that will provide information to the experience, references, expertise and qualifications will be evaluated as a part of the award of the contract.

7.8 Inspection

The work shall be inspected by a representative of HRHA and the Contractor and any deficiencies must be corrected before the invoice will be paid. The property manager must sign off on inspections before any invoice shall be paid.

8.0 Payment

Invoices will be paid by HRHA within thirty days from receipt of t h e invoice. Invoices may be mailed to Hopewell Redevelopment & Housing Authority, Attn. Accounts Payable, P.O. Box 1361, Hopewell, VA 23860-1361. Phone 804-458-5160. The Contract resulting from this procurement shall begin with execution of a purchase order.

9.0 General Conditions

HUD Form 5370 Sections I &II General Conditions for Non-Construction Contracts is attached and shall prevail to this solicitation.

10.0 Standards of Performance –

The following standards of performance are set as a minimum to gain the desired HRHA standards. Services will be required at least annually, and as needed. Quantities and/or frequencies of services are an estimation of the anticipated needs of the HRHA and may be provided as information only. Therefore, estimated quantities and/or frequencies may increase and/or decrease as a direct result of the actual needs of the HRHA. The services shall include, but are not limited to, all items listed in these specifications. It is expected that during the routine performance of the required services that areas be kept to a neat and clean appearance.

1. Work shall be performed during business hours, after hours and/or weekends.

2. The Contractor shall provide one primary and one alternate emergency phone number. It is imperative that the Contractor can be reached at these numbers in case of any emergencies that may come up, especially after work hours.

3. Contractor to furnish all labor, supervision, equipment, transportation, tools, supplies, and all efforts necessary to clean and remove all dirt, debris and mold buildup from exterior wall surfaces using pressure washing equipment. Treat malodorous stains with fragrant disinfectant. Perform duties in a uniform fashion based upon directed frequency.

4. Graffiti Removal – Clean with solution or pressure wash graffiti, stickers and unauthorized or illegal debris from exterior walls and ground surfaces Such removal shall be done in a manner not to damage the exterior surfaces.

5. Human Bio-waste – Remove all human bio-waste, thoroughly clean with a disinfecting agent or pressure wash with a similar agent from exterior surfaces Such removal shall be done in a manner not to damage the surfaces.

6. Personnel shall be courteous at all times.

7. Pressure washing should be done at a time of day that is convenient for occupants and as directed by HRHA. Surfaces that include glass areas shall be protected to avoid water seepage into those areas. Any debris on sidewalks should be picked up immediately prior to washing. The contractor(s) shall have the capability to provide their own water source. Contractors shall not use city owned fire hydrants.

8. It shall be a requirement that the contractor utilizes portable, mobile, self-contained, high pressure, multiple nozzle head enclosed units with a forced water spray of 2000 to 5000 psi; maintaining a minimum water temperature of 180 degrees Fahrenheit for all hot water cleaning/pressure washing. It is a requirement that the assembly have vacuuming capabilities for water and debris (simultaneous total removal). All water pools left after cleaning must be removed.

Proper warning signage must be displayed at all times in the areas being cleaned.

9. Other types of power washing equipment may be allowed providing the equipment is preapproved by HRHA and providing the equipment is capable of maintaining a pressure of 2000-5000 psi, can maintain a water temperature of 180 degrees Fahrenheit, has water removal capabilities, and has debris vacuuming capabilities installed to operate during equipment operating cycles without excessive water dispersal.

10. All maintenance and repair of equipment used in the performance of this contract shall be the responsibility of the Contractor, and such maintenance and repairs shall not interfere with completion of required services to be provided pursuant to this agreement.

11. There are no HRHA storage areas for the Contractor’s use. No chemicals shall be stored on HRHA managed properties for the performance of this contract.

Contractor must bring the necessary supplies to perform the contract.

12. It is the Contractor’s responsibility to ensure that the disposal of all waste water and debris is conducted in accordance with all existing regional water quality board regulations and the Clean Water Act. Waste water must not contaminate any water sites.

13. It is the responsibility of the contractor and not HRHA to ensure that the pressure washing conforms to all applicable governing laws and regulations, including local, city, county state and federal lawas governing storm water disposal.

14. On days when scheduled power washing is canceled due to rain, Contractor will schedule an appropriate dat to replace the rained out day, at no additional cost above the contract price or issue a credit.

15. Contractors will have 3 days to correct any unsatisfactory performance as reported/determined by HRHA for no extra pay. If the correction is not made within 7 days, no payment shall be made for that cleaning area, and if tow of these instances occur within a 6 month period without correction within 7 days, the contract terminates upon 30 days notice.

16. All Contractor and subcontractor personnel shall wear personal protective equipment in the performance of their duties to include safety vests, protective eye wear or face shields, respiratory protection as necessary, gloves and protective clothing. Contractor shall be responsible for adhering to all local, state and federal safety guidelines and observe all safety precautions when performing services on

HRHA managed property to include safe location of parked vehicles, use of safety cones, signage, flag personnel as necessary, use of safety vests on all personnel and vehicles which are clearly identifiable as belonging to the Contractor.

17. The Contractor will perform all contracted cleaning duties or services in such a manner that no property managed by HRHA is damaged. In the event that damage does occur to HRHA managed property or any adjacent property by reason of any cleaning services performed under this contract, the Contractor shall replace or repair same at no cost to HRHR. If damage caused by the Contractor has to be repaired or replaced by HRHA, the cost of such repairs or replacement will be deducted from the monies due to the Contractor.

18. It shall be the Contractor’s responsibility to meet HRHA delivery requirements. HRHA reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor.

PROPERTY LOCATIONS

Thomas Rolfe Court and Thomas Rolfe Extension Located between 7th and 9th Avenues Hopewell VA 23680

Davisville & Bland Court 200 Terminal Street Hopewell Va 23680

Piper Square Piper Square Drive Hopewell Va 23680

Pre-Bid Meeting

BID INFORMATION

There will b e a mandatory PRE-BID MEETING on 09/28/2026 at 9am at the HRHA Administrative Office Conference Room at 350 E. Poythress St, Hopewell, VA 23860. All parties who intend to submit bids must attend this meeting. The purpose of the meeting is to review the scope of work and walk the properties and answer any questions for all the bidders at one time.

- Contact

The contact person for this solicitation is the HRHA Procurement Specialist, N. Denise Henderson, 804-458-5160, denise.henderson@hopewellrha.org

Bid Submission

Bids must be returned on the Bid Sheet provided and include documentation for the references, qualifications and experience of the bidder.

Any additional information that speaks to the knowledge and expertise of the bidder may be attached. Bids may be submitted by mail (PO Box 1361, Hopewell, VA 23860- 1361) or in-person (350 E. Poythress St., Hopewell, VA 23860). All bid documents must be submitted t o g e t h e r as a package to be considered for award. Bids will be submitted in a sealed envelope with the following on the outside of the envelope:

HRHA Powerwashing Services Contract Bid, ATTN: N. Denise Henderson

- Deadline for Submission of Bids

Bids will be accepted until 3 :00 pm on October 14, 2026 EST at the HRHA Administration Building 350 E. Poythress St., Hopewell, VA 23860. Bids will be stamped with date and time of receipt. Any bid forms received after the closing will not be accepted.

Bids will be publicly opened and tabulated and all bidders will be provided a copy of the bid tabulation. Bid opening will take place on TBD. Bidders may withdraw their bid at any time prior to the bid opening by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. Correction or withdrawal of inadvertently erroneous bids may be permitted, where appropriate, before bid opening. After bid opening, corrections in bids shall be permitted only if the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price and the bid price actually intended.

- Award of Contract

The HRHA in its sole discretion will award the bid to the l o w e s t, m o s t responsive, qualified, and responsible bidder for the entire scope of work included in this invitation.

mailto:denise.henderson@hopewellrha.org

HRHA Powerwashing Services

BID FORM

The contractor will provide a lump sum bid for the entire scope of work.

Contractor shall submit invoices as services are completed and signed off by an HRHA representative.

This bid is for providing services as stated in the attached Contract Documents.

We herein submit our lump sum price annually of powerwashing services as described in the Standards of Performance.

Thomasville Powerwashing Annual Service $_____________________________________ .

Davisville Powerwashing Annual Service $______________________________________ Piper Square Powerwashing Annual Service $______________________________________ HRHA Central Office Powerwashing Annual Service $______________________________________

Total Lump sum Powerwashing Annual Service $_____________________________________

HRHA IFB 2026-05 9

NOTE: THE PENALTY FROM MAKING FALSE STATEMENTS IN OFFERS IS PRESCRIBED IN

18 C.S.C.100.

DATE:_________________________________ NAME OF BIDDER: ____________________________________

Official Address: BY: _______________________________________________________

________________________________________ TITLE: ___________________________________________________

________________________________________ VA LICENSE NUMBER: ________________________________

________________________________________ PHONE NUMBER: _____________________________________

THIS FORM MUST BE SUBMITTED WITH THE BID PROPOSAL.

HRHA IFB 2026-05 10

HRHA INVITATION FOR BID (IFB) NO.IFB-2026-05:

POWERWASHING SERVICES

(This Form must be fully completed and submitted.)

(1) Prime (This form must be completed by the Prime Contractor and for each subcontractor).

(2) Name of Firm: Phone: Fax:

(3) Street Address, City, State, Zip:

(4) Please attach a brief biography/resume of the company, including the following information:

(a) Year Firm Established; (b) Year Firm Established in Virginia; (c) Former Name and Year Established (if applicable); (d) Name of Parent Company and Date Acquired (if applicable).

(5) Identify Principals/Partners in Firm:

NAME TITLE % OF OWNERSHIP

(6) Identify the individual(s) that will act as project manager and any other supervisory personnel that will work on the project and submit a brief resume for each. (Do not duplicate any resumes required above):

NAME TITLE

(7) Proposer Diversity Statement: You must circle all of the following that apply to the ownership of this firm and enter where provided the correct percentage (%) of ownership of each:

Caucasian American (Male)

Public-Held Corporation

Government Agency

Non-Profit Organization

Resident Business Enterprise (RBE), Minority Business Enterprise (MBE), or Woman-Owned Business Enterprise (WBE). Qualifies by virtue of 51% or more ownership and active management by one or more of the following:

Resident- African Owned* American

Native American

Hispanic American

Asian/Pacific Hasidic Asian/Indian American Jew American

Woman-Owned Woman-Owned Disabled Other (Specify):

(WBE)

(Caucasian)

Veteran

WMBE Certification Number: (Not Reqd to Propose) Certified by:

PROFILE OF FIRM FORM

HRHA IFB 2026-01 11

HRHA INVITATION FOR BID (IFB) NO.IFB-2026-05: POWERWASHING SERVICES

(This Form must be fully completed and submitted.)

(8) Federal Tax ID No.:

(9) Commonwealth of Virginia Business License No.:

(10) Commonwealth of Virginia License Type:

(11) Worker’s Compensation Insurance Carrier:

Policy No.: Expiration Date:

(12) General Liability Insurance Carrier:

Policy No. Expiration Date:

(13) Professional Liability Insurance Carrier:

Policy No. Expiration Date:

(14) Debarred Statement: Has this firm or any principal(s) ever been debarred from providing any services by the Federal Government, any state government, the Commonwealth of Virginia, or any local government agency? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.

(15) Disclosure Statement: Does this firm or any principal(s) have any current, past personal or professional relationship with any Commissioner or Officer of the Housing Authority?

Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.

(16) Non-Collusive Affidavit: The undersigned party submitting this proposal or bid hereby certifies that such proposal or bid is genuine and not collusive and that said proposer entity has not colluded, conspired, connived or agreed, directly or indirectly, with any proposer or person, to put in a sham proposal or bid or to refrain from proposing or bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the proposal or bid price of affiant or of any other proposer or bidder, to fix overhead, profit or cost element of said proposal or bid price, or that of any other proposer or bidder or to secure any advantage against the Housing Authority or any person interested in the proposed contract; and that all statements in said proposal or bid are true.

(17) Verification Statement: The undersigned proposer hereby states that by completing and submitting this form he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and agrees that if the Housing Authority discovers that any information entered herein is false, that shall entitle the Housing Authority to not consider nor make award or to cancel any award with the undersigned party.

Signature Date Printed Name Company

PROFILE OF FIRM FORM

Hopewell Redevelopment & Housing Authority

Statement of Qualifications

ELIGIBLE BIDDER CERTIFICATION

I hereby affirm that the undersigned individual or firm is eligible to bid on this project and to enter into a contract with the Hopewell Redevelopment and Housing Authority and is not listed either

(1) on the Controller General’s List of Ineligible Bidders/Contractors, or (2) on and state or federal debarred list.

Executed this day of , 20 , at , Virginia.

(Name of Firm)

By:

Title:

Commonwealth of Virginia County/City of

Subscribed and sworn to (or affirmed) before me on this day of , 20 ,by , proved to me on the basis of satisfactory evidence to be the person (s) who appeared before me.

Signature

(Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document

APPENDIX

HRHA IFB 2026-01 13

Previous edition is obsolete form HUD-5369 (10/2002)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Instructions to Bidders for Contracts Public and Indian Housing Programs

Previous edition is obsolete Page 1 of 4 form HUD-5369 (10/2002)

Instructions to Bidders for Contracts Public and Indian Housing Programs Table of Contents Clause Page

1. Bid Preparation and Submission 1

2. Explanations and Interpretations to Prospective Bidders 1

3. Amendments to Invitations for Bids 1

4. Responsibility of Prospective Contractor 1

5. Late Submissions, Modifications, and Withdrawal of Bids 1

6. Bid Opening 2

7. Service of Protest 2

8. Contract Award 2

9. Bid Guarantee 3

10. Assurance of Completion 3

11. Preconstruction Conference 3

12. Indian Preference Requirements 3

1. Bid Preparation and Submission

(a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect-ing the Work of the General Conditions of the Contract for Construc-tion). Failure to do so will be at the bidders’ risk.

(b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.)

(c) Bidders must submit as part of their bid a completed form HUD- 5369-A, “Representations, Certifications, and Other Statements of Bidders.”

(d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words “Bid Documents,” the Invitation for Bids (IFB) number, any project or other identifying number, the bidder’s name, and the date and time for receipt of bids.

(e) If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words “No Bid” in the space provided for any item on which no price is submitted.

(f) Unless expressly authorized elsewhere in this solicitation, alter-nate bids will not be considered.

(g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered.

(h) If the proposed contract is for a Mutual Help project (as de-scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa-tion regarding the bid advertisement is provided as an attachment to this solicitation.

2. Explanations and Interpretations to Prospective

Bidders

(a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing.

The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders.

(b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation.

3. Amendments to Invitations for Bids

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder’s receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA’s/IHA’s requirements.

(c) Amendments will be on file in the offices of the PHA/IHA and the Architect at least 7 days before bid opening.

4. Responsibility of Prospective Contractor

(a) The PHA/IHA will award contracts only to responsible prospec-tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder’s:

(1) Integrity;

(2) Compliance with public policy;

(3) Record of past performance; and

(4) Financial and technical resources (including construction and technical equipment).

(b) Before a bid is considered for award, the bidder may be re-quested by the PHA/IHA to submit a statement or other documenta-tion regarding any of the items in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award.

Previous edition is obsolete Page 2 of 4 form HUD-5369 (10/2002)

5. Late Submissions, Modifications, and Withdrawal of Bids

(a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it:

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or

(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and observed holidays.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S.

or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impres-sion) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

(d) The only acceptable evidence to establish the time of receipt at the PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or other documentary evidence of receipt maintained by the PHA/IHA.

(e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service.

“Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service.

Therefore, bidders should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper.

(f) Notwithstanding paragraph (a) of this provision, a late modifica-tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted.

(g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

6. Bid Opening All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present.

7. Service of Protest

(a) Definitions. As used in this provision:

“Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

“Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation.

(b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from —

[Contracting Officer designate the official or location where a protest may be served on the Contracting Officer]

(c) All protests shall be resolved in accordance with the PHA’s/ IHA’s protest policy and procedures, copies of which are maintained at the PHA/IHA.

8. Contract Award

(a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan-tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation.

(b) If the apparent low bid received in response to this solicitation exceeds the PHA’s/IHA’s available funding for the proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA’s/IHA’s available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA’s/IHA’s available funding. If upon the application of all deductibles, no bid is within the PHA’s/IHA’s available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation.

(c) In the case of tie low bids, award shall be made in accordance with the PHA’s/IHA’s written policy and procedures.

(d) The PHA/IHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA’s/IHA’s written policy and procedures.

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(e) Unless precluded elsewhere in the solicitation, the PHA/IHA may accept any item or combination of items bid.

(f) The PHA/IHA may reject any bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

(g) A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party.

9. Bid Guarantee (applicable to construction and equip-ment contracts exceeding $25,000)

All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening.

10. Assurance of Completion

(a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] —

[ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law;

[ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price;

[ ] (3) a 20 percent cash escrow;

[ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program).

(b) Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. U.S. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the U.S. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168.

(c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract.

(d) Failure by the successful bidder to obtain the required assur-ance of completion within the time specified, or within such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder’s bid guarantee.

11. Preconstruction Conference (applicable to construction contracts)

After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other require-ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). The PHA/IHA will provide the successful bidder with the date, time, and place of the conference.

12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

(a) HUD has determined that the contract awarded under this solicitation is subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)).

Section 7(b) requires that any contract or subcontract entered into for the benefit of Indians shall require that, to the greatest extent feasible

(1) Preferences and opportunities for training and employment (other than core crew positions; see paragraph (h) below) in connec-tion with the administration of such contracts or subcontracts be given to qualified “Indians.” The Act defines “Indians” to mean persons who are members of an Indian tribe and defines “Indian tribe” to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and,

(2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de-fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C.

1452). That Act defines “economic enterprise” to mean any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership must constitute not less than 51 percent of the enterprise; “Indian organization” to mean the governing body of any Indian tribe or entity established or recognized by such governing body; “Indian” to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act; and Indian “tribe” to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including http://www.fms.treas.gov/c570/index.html

Previous edition is obsolete Page 4 of 4 form HUD-5369 (10/2002) corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog-nized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-tracts under the contract and in providing training and employment opportunities.

(2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor’s employment and training preference bid statement shall be grounds for termination of the contract or for the assessment of penalties or other remedies.

(c) If specified elsewhere in this solicitation, the IHA may restrict the solicitation to qualified Indian-owned enterprises and Indian organi-zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If fewer than the minimum required number of qualified Indian-owned enter-prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph

(d) below.

(d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is -

(1) Within the maximum HUD-approved budget amount estab-lished for the specific project or activity for which bids are being solicited; and

(2) No more than the percentage specified in 24 CFR 905.175(c) higher than the total bid price of the lowest responsive bid from any qualified bidder. If no responsive bid by a qualified Indian-owned economic enterprise or organization is within the stated range of the total bid price of the lowest responsive bid from any qualified enterprise, award shall be made to the bidder with the lowest bid.

(e) Bidders seeking to qualify for preference in contracting or subcontracting shall submit proof of Indian ownership with their bids.

Proof of Indian ownership shall include but not be limited to:

(1) Certification by a tribe or other evidence that the bidder is an Indian. The IHA shall accept the certification of a tribe that an individual is a member.

(2) Evidence such as stock ownership, structure, manage-ment, control, financing and salary or profit sharing arrangements of the enterprise.

(f) (1) All bidders must submit with their bids a statement describ-ing how they will provide Indian preference in the award of subcon-tracts. The specific requirements of that statement and the factors to used by the IHA in determining the statement’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement shall be rejected as nonresponsive.

The IHA may require that comparable statements be provided by subcontractors to the successful Contractor, and may require the Contractor to reject any bid or proposal by a subcontractor that fails to include the statement.

(2) Bidders and prospective subcontractors shall submit a certification (supported by credible evidence) to the IHA in any instance where the bidder or subcontractor believes it is infeasible to provide Indian preference in subcontracting. The acceptance or rejection by the IHA of the certification shall be final. Rejection shall disqualify the bid from further consideration.

(g) All bidders must submit with their bids a statement detailing their employment and training opportunities and their plans to provide preference to Indians in implementing the contract; and the number or percentage of Indians anticipated to be employed and trained.

Comparable statements from all proposed subcontractors must be submitted. The criteria to be used by the IHA in determining the statement(s)’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement(s), or that includes a statement that does not meet minimum standards required by the IHA shall be rejected as nonresponsive.

(h) Core crew employees. A core crew employee is an individual who is a bona fide employee of the contractor at the time the bid is submitted; or an individual who was not employed by the bidder at the time the bid was submitted, but who is regularly employed by the bidder in a supervisory or other key skilled position when work is available. Bidders shall submit with their bids a list of all core crew employees.

(i) Preference in contracting, subcontracting, employment, and training shall apply not only on-site, on the reservation, or within the IHA’s jurisdiction, but also to contracts with firms that operate outside these areas (e.g., employment in…