IFB Snow Removal Contractors - BRAINERD HRA.pdf

Invitation For Bid (IFB) 2026-004 Snow Removal Contractors – BRAINERD HRA

1) GENERAL INFORMATION

A) Introduction/Background

The Brainerd and Crosby Housing and Redevelopment Authorities (hereinafter, “HA”) are soliciting bids from Snow Removal Contractors which are qualified, licensed and insured entities, individuals, or firms (hereinafter, “Bidder, Respondents or Contractor”) to provide certain snow removal related services for various housing developments owned and/or managed by the HA. The HA is looking for price-competitive Respondents with demonstrated snow removal related experience, knowledge and timely availability.

Contractors will be required to sign all submittals and all contract documents if selected to be the contracted company.

The HA intends to contract snow removal related services for a total of five (5) separate parking lots in the City of Brainerd and two (2) separate parking lots in the City of Crosby on an as needed basis. The HA intends to select one contractor per agency. Contractors interested in submitting a bid for both agencies must complete separate IFB’s per agency. See Attachment A, Form of Bid, for details on submission requirements.

As a public entity formed to provide federally subsidized housing and housing assistance to low-income families, the HA is subject to the requirements of Title 24 of the Code of Federal Regulations (hereinafter, “CFR”), HUD Handbook 7460.8 REV 3 and the HA’s procurement policy.

All bids submitted in response to this solicitation must conform to all the requirements and specifications outlined within this document and any designated attachments in its entirety.

B) Submission Package

The IFB documents may be obtained on the Housing Agency Marketplace (the Marketplace) or using the link on the Brainerd or Crosby HRA websites, under the Vendor link in the upper right-hand corner of the home page . Access the website at: https://ha.internationaleprocurement.com For those already registered on the website Click on the “LOGIN” button in the upper left side. For those needing to register on the Marketplace, Select “As A Vendor” just below ‘Sign Up Now’ also on the left side and follow the listed Directions. If you need any assistance with the website please call their Customer Support at (866) 526-9266.

Pre-Bid Conferences will be held Tuesday, June 23rd, 2026 at 8:00 am. (Non-Mandatory) at the Brainerd HRA office, located at 324 East River Rd, Brainerd, MN 56401 and Tuesday, June 23rd, 2026 at 9:00 am.

(Non-Mandatory) at the Crosby HRA Office, 300 3rd Ave NE, Crosby, MN 56441.

Deadline to submit Questions shall be Tuesday, June 30th, 2026 at 9:00 am.

Bids may be submitted by uploading the complete packet on the Marketplace or One (1) unbound original of the complete bid package in a SEALED ENVELOPE may be submitted and must be received by the HA by 1:00 pm Tuesday, July 7th, 2026. Hard copy envelopes should include the Bidder’s name, address, phone number, and the project title “IFB Snow Removal Contractors” and be delivered to the Brainerd or Crosby HRA Office located at 324 East River Rd, Brainerd, MN 56401. Bids submitted after the published deadline will not be accepted.

Bid submissions must be signed by an officer of the Respondent who is legally authorized to enter into a contractual relationship in the name of the respondent.

C) Contact Person

The Contract Officer (CO) for all inquiries is John Schommer, Maintenance & Rehab Director.

Phone #: 218-824-3432, Email: john@brainerdhra.org.

https://ha.internationaleprocurement.com/ mailto:john@brainerdhra.org

D) Expense of IFB Package

All expenses involved with the preparation of the IFB package shall be the responsibility of the Bidder.

E) Overview

It is the HA’s intention to solicit pricing, information on equipment available to the contractor for providing the services, and references from bidders; evaluate their price based on qualifications, verify the information presented, and to award a contract to the lowest responsive and responsible bidder.

The HA will enter into contracts for these snow removal related services, for up to five (5) years including extensions.

Some matters for the Respondents to consider when submitting their bids:

1.) Although the contracting owner is a public agency, Respondents will be expected to uphold the same fiduciary and professional responsibilities and courtesies they would for a private owner.

2.) The selected bidder(s) will be required to abide by all applicable procurement procedures.

F) HA Options

The HA may, at its sole and absolute discretion, reject any and all, or parts of any and all bids; re-advertise this IFB; postpone or cancel, at any time, this IFB process; or waive any irregularities in this IFB or in the submittals received as a result of this IFB, if deemed by the HA to be in its best interests. Also, the determination or the criteria and process whereby the bids submitted are evaluated, the decision as to who shall receive a contract award, or whether or not an award shall ever be made as a result of this IFB, shall be at the sole and absolute discretion of the HA.

The HA reserves the right to determine the days, hours and locations that the successful bidder(s) shall provide the services called for in the IFB and may terminate a contract awarded pursuant to this IFB, at any time for its convenience upon a written notice to the successful bidder(s).

The HA reserves the right to retain all bids and to not permit withdrawal for a period of 60 days subsequent to the deadline for receiving bid submissions without the written consent of the HA Contracting Officer (CO).

The HA reserves the right to prohibit any further participation by a bidder or reject and not consider any incomplete submittals and/or submittals that do not meet the requirements of this IFB. In no event will the HA permit modification to submittal after the submission deadline.

By accessing and downloading these documents, each prospective bidder thereby agrees to abide by all terms and conditions listed within this document and within the Marketplace; and further agree they shall inform the CO in writing within 5 days of the discovery of any item they believe needs to be addressed. Failure to abide by this time frame shall relieve the HA, but not the prospective respondent, of any responsibility pertaining to such an issue.

G) Qualification Statements Open to Public

Prospective Respondents are hereby notified that all information submitted as part of, or in support of, bid submissions will be available for public inspection in compliance with federal and state laws.

H) Level of Effort and Funding

It should be clearly understood that all services requested in this IFB are on an “as-needed” basis and that the dollar values, if any, referred to in the IFB or provided to Contractors during this process in no way constitute a guarantee of the level of effort that may be requested of the successful respondent(s) or guarantee a certain dollar amount.

2) TERMS AND CONDITIONS

A) Rules, Regulations, and Licensing Requirements

The Respondent and staff must possess all required occupational license(s) for which they are listing as qualified to perform. In addition, the Contractor shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest. Contractors are presumed to be familiar with all federal, state, and local laws, ordinances, codes, rules, and regulations that may in any way affect the service.

B) Term of Snow Removal Related Agreement

The agreement will include a provision for termination of the agreement “at will” by the Respondent(s) or HA with a 90-day notice. The agreement will also outline situations where the successful Respondent(s) can be terminated immediately “for cause”. See Section 4, Exhibit 2, Sample Contract.

C) Assignment

The successful Respondent(s) shall not enter into any subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of the ensuing contract, or any or all of its rights, title, or interest therein, or its power to execute such contract, to any person, company, or corporation without the prior written consent of the HA.

D) Equal Opportunity Employment

Respondents agree that there will not be discrimination as to race, sex, religion, color, age, creed, or national origin in regard to obligations, work and services performed under the terms of any contract ensuing from this

IFB.

E) Personnel Availability

In submitting their bid, Respondents are representing that the personnel and equipment described in their bid submission shall be available to perform the services described in a timely manner agreeable to the HA, especially for work necessary during Snow Event Emergencies. Furthermore, all personnel shall be considered to be, at all times, the sole employees of the Contractor under its sole discretion, and not employees or agents of the HA. If at any time the Contractor is unavailable to meet the required timeline, the HA shall have the right to bring in a different contractor to complete the work necessary to ensure the safety of Agency employees, tenants and the public.

3) SUBMISSION REQUIREMENTS

A) Submission Conditions

DO NOT MAKE ANY ADDITIONAL MARKS, NOTATIONS OR REQUIREMENTS ON THE DOCUMENTS TO

BE SUBMITTED. Bidders are not allowed to change any requirements or forms contained herein. If any additional marks, notations or requirements are entered on any of the documents that are submitted to the HA, such may invalidate that bid submission.

By accessing the Marketplace, registering and downloading these documents, each prospective bidder is agreeing to confirm all notices that the HA delivers to him/her as instructed and by submitting a bid, the bidder is agreeing to abide by all terms and conditions published herein and any addendum pertaining to this IFB.

It shall be the responsibility of each respondent to be aware of and to abide by all dates, times, conditions, requirements and specifications set forth within all applicable documents issued by the HA, including the IFB document, the documents listed within the Recap of Attachments and any addenda and required attachments submitted by the respondent. By completing, signing and submitting the completed documents, the bidder is stating his/her agreement to comply with all the conditions and requirements set forth within these documents.

B) Submission Documents

1 A signed copy of the original IFB Document to be used as the Cover Pages

2 Form of Bid (Attachment A)

3 Form HUD 5369-C and Form HUD 5369-A

4 Profile of Firm Form (Attachment B)

5 Equal Employment Opportunity Statement

6 Other Information (Optional)

4) GENERAL REQUIREMENTS OF SNOW REMOVAL RELATED AGREEMENT

A) Plowing/Shoveling Requirements:

Work will include but is not limited to:

• Clearing snow from the parking lots,

• Clearing snow from the sidewalks of all tenant occupied buildings shall include; shoveled to bare pavement and salt applied after every shoveling on weekends and HRA holidays,

• Salt and/or sand shall be applied to all parking areas if and where needed or as requested by the

Agency,

• Pathways for emergency services at North Star & Brainerd South Apartments and Valley View

Townhomes shall be kept passable during snow events.

Services to include all equipment and labor to clear parking lots when snow depth reaches two (2) inches per snow event or per request by the Agency. Individual Snow Event totals shall be as per the Official National Weather Service Totals listed for the Brainerd Airport. Lots shall be cleared so that pavement is bare. Snow will be “pushed” into areas agreed upon by the Agency and the Contractor. These locations will be such that the snow does not impede on the flow of traffic, prohibit access to utilities or services, nor will it prohibit, hinder or create unsafe access to residents’ units or block viewing of the street, when exiting the lot.

B) Plowing Schedule: (See Exhibit 1, Aerial Maps of the listed Locations.)

The parking areas for North Star, Brainerd South Apartments and Valley View Townhomes shall be as follows:

Contractor shall communicate by text to the Agency Staff Group by 6am the day plowing will take place; with clearing starting no earlier and/or later than: 8:00am to 9:00am at Valley View, 9:00am to 10:00am at North Star and 9:30am to 10:30am at Brainerd South, of the day following a snow event, or other time as mutually agreed upon. The Agency will notify tenants and will make every effort to have cars removed from the lots before the Contractor arrives to complete snow removal.

Brainerd HRA employee parking areas requirements are as follows: After a snow event a complete clearing of areas is to be completed by 6am of the next day.

Ice storms may occur, which will mandate sanding and salting only, for all areas.

C) Contact Pertaining to each Event:

The Contractor will ensure the above schedule is maintained. The Agency will not place telephone calls as to when the contractor is to start removing snow after it has stopped snowing. The Agency reserves the right to call and request snow clearing outside of a snow event.

D) Damage:

Any damage to Agency, Agency Staff or Tenant-owned property by the Contractor from plowing or other services performed by the Contractor, or by any subcontractor retained by the Contractor, will be the Contractor’s sole responsibility to repair or replace in a timely manner.

The Contractor will be required during the performance of their contracted responsibilities to ensure at all times that tools, equipment and materials are handled, placed and stored in a secure and safe manner as to maximize the safety and security of the HA residents and staff, the Contractor’s staff and the public.

The Contractor shall ensure that any equipment and/or vehicles placed on the work site shall not be placed in such a position to interfere with access by any emergency vehicles or traffic by the public at large. The HA reserves the right to approve or reject (and demand the movement) of any such equipment or vehicles at any time the HA believes the placement does interfere with such traffic.

E) Sand/Salt:

Salt/Sand for early season and late season storms is needed to prevent slip, trips and falls. Ice storms may occur, which will mandate sanding and salting only. If additional sand/salt is needed, Agency approval is required. The Agency reserves the right to request additional salting and sanding services as it deems necessary.

F) Additional Contractor’s Responsibilities/Qualifications:

• Equipment: Unless otherwise stated herein, as a part of the proposed fees, the Contractor shall supply any and all such items needed to provide the services detailed herein; meaning, the Agency shall not pay any additional fees for such.

• Minimum Acceptable Contractor Qualifications: Possess and maintain a valid State of Minnesota

Contractor’s Registration or Exemption. Be able to provide services for all of the HA’s properties listed within the following Agency Profile of Properties. Not be debarred by State or Federal Government for participation in contracting with public agencies.

• Quality of Service: All work provided shall be performed in accordance with established snow plowing practices, using modern techniques accepted by the rules and regulations of commercial equipment.

The Contractor shall comply with any applicable City of Brainerd, Crow Wing County, State and/or Federal laws, codes, and regulations regarding the application of any products.

• Work Deficiencies: The Agency anticipates that it will closely observe the performance of the

Contractor. If the Agency Representative determines that work by the Contractor was not performed as specified in the ensuing contract and was thereby deficient, the Contractor shall correct the deficiencies in a timely manner (NOTE: “timely,” as may be directed by the Agency Representative); and such shall be completed at the Contractor’s expense, not the Agency’s expense.

If the Agency Representative rightfully determines that turf, plant life, ground cover, fixtures or equipment have been damaged, killed, or failed to retain healthy growth as a result of Contractor’s recommendations, operation, negligence, or chemicals, all aforementioned plant life, fixtures, or equipment shall be replaced at Contractor’s expense.

Failure on the part of the Contractor to correct work deficiencies shall be cause for termination of the Contract by the Agency.

G) Safety and Security:

The Contractor shall, at all times, conduct the work with the utmost concern for and in such a manner as to protect its workers, Agency residents, Agency staff, and the public. Safety of our tenants and staff are the highest priority. Therefore, the contractor, before award, will need to demonstrate a redundancy of equipment.

All equipment used on Agency properties must have at the minimum back up alarms and flashing yellow safety lights.

Further, the Contractor shall have full and sole responsibility to correct any such condition found unsafe by any authorized entity (including the HA), and, if such unsafe conditions result in any injury or loss to any group named within this section, shall have full and sole responsibility to compensate such persons if so ordered by an authorized agency or a court having jurisdiction.

The Contractor shall comply with all published Agency safety procedures and guidelines.

The Contractor’s employees shall follow all required or otherwise appropriate safety practices in handling chemicals and operating machinery. The Contractor shall ensure that eye protection, hearing protection, and foot protection are utilized when conditions require such, as dictated by any relevant local, State, or Federal OSHA codes, laws, rules, and regulations. The Contractor shall not store any materials on site. All materials brought on site must be only for the daily requirements of the equipment used in the performance of work and shall always be kept in proper containers and secured.

H) Personnel

Contractors shall employ only persons qualified for snow plowing services and will be responsible for training their employees for the HA’s sites. Contractor must certify that it agrees to provide a drug-free workplace for employees.

The Contractor will have the sole responsibility for all hiring and firing of contractor’s employees. It will be the sole responsibility of the Contractor to provide for payment of all wages, benefits, and payroll taxes for all employees working on HA properties.

Selected contractor(s) will be required to comply with the requirements of Section 3 for new employment, training, or contracting opportunities resulting from this contract. See Exhibit 2, Sample Contract.

I) Insurance, Bonding, and Hold Harmless Agreement

For general liability coverage, the Contractor(s) shall provide the HA with a certificate of insurance that names the HA as Additional Insured. Additionally, the Contractor(s) agrees that it will hold the HA harmless for any acts of negligence on behalf of its staff, agents, and employees, and from any and all claims or liability for any injury or damage to any person or party occurring in, on, or about the premises, or any part thereof, resulting from the negligence of the Contractor, its employees, agents, or personnel.

The Contractor will provide owned and non-owned automobile liability insurance and workmen’s compensation insurance meeting the State of Minnesota’s statutory minimum requirements.

All of the above shall be provided for the full term of the Snow Removal Related contract. See Exhibit 2, Sample Contract, for required Insurance Coverage limits and instances of required Bond.

J) Timely Invoicing and Documentation Requirements

The selected Contractor shall provide invoices on a timely monthly basis, by the 5th of the following month. The HA is Tax Exempt and can provide the contractor with an ST3 form upon request.

5) EVALUATION PROCESS, SELECTION CRITERIA and CONTRACT AWARD

All IFB submissions will be evaluated to determine if they are:

• Responsive: All required documents completed and included meeting the minimum of requirements.

• Responsible: Documentation showing the Bidder is qualified, responsible and able to provide the required services, demonstrating successful experience and past performance in providing the requested services.

• Lowest Cost: Lowest costs of all Responsive and Responsible Bidders.

6) PROPERTIES

Service Locations for Brainerd HRA:

(1)

LOT

No.

(2)

Site Name/Address:

(3) Total # of

Parking Spaces

1 North Star Apartments parking area at: 410 East River Rd, Brainerd, MN 56401. Parking Spaces, all driving areas and sidewalks 54 Spaces

2 North Star Apartments Overflow parking area across from: 324 East River Rd, Brainerd, MN 56401, Center & South side of lot. Parking Spaces & all driving areas

34 Spaces

3 Employee Parking areas: 324 East River Rd, Brainerd, MN 56401 and the North & East side of the lot across the Street. Parking spaces and all driving areas

11 Spaces W side & 20

Spaces E side 4 Brainerd South Apartments parking area at: 1969 & 1987 S 7th St, Brainerd, MN 56401. Parking Spaces, all driving areas and sidewalks 84 Spaces

5 Valley View Townhomes parking area at: 701 – 741 SW 6th St, Brainerd, MN 56401. Center Parking Spaces and all driving areas 29 Spaces

See Exhibit 1, Aerial Maps of the above listed Locations.

7) DISCLAIMER

The HA reserves the right to refuse and reject all bids and not award any contract. The HA also reserves the right to award some but not all contracts. Further, except for the date of acknowledgement and date the bids are due, the HA is not obligated to meet the schedules contained in this solicitation but fully intends to do so.

8) RECAP OF ATTACHMENTS (Those listed in Bold are Required Bid Submission Sections)

1.0 This IFB Document

2.0 Attachment A: Form of Bid

3.0 HUD Form 5369-C

3.1 HUD Form 5369-A

4.0 Attachment B: Profile of Firm Form

5.0 Exhibit 1: Aerial Maps of Service Locations for Brainerd HRA

6.0 Exhibit 2: Sample Contract

7.0 Exhibit 3: Brainerd HRA MWRD 2023-2025

8.0 HUD Form 5370-C2

Snow Removal Related Services The undersigned having familiarized themselves with the local conditions affecting the cost of the work and with the specifications, including Request for Qualifications, Instructions to Bidders, General Conditions (HUD form 5370-C2), Form of Non-Collusion Affidavit, Affirmative Action Requirements, Form of Contract, hereby propose to furnish all supervision, technical personnel, labor, material, equipment and services required to complete the specified snow removal related services at the HA properties.

Per HUD regulations Contractors must comply with the Brainerd HA's local Maintenance Wage Rate Determinations (MWRD). By submitting a bid, each bidder is agreeing to and verifying that they will not pay their employees at rates less than those listed on the detailed HUD MWRD. See attached Current MWRD for Brainerd HA. (See Exhibit 3, Brainerd HRA MWRD 2023-2025)

In submitting this Bid, it is understood that the Brainerd Housing and Redevelopment Authorities reserve the right to reject any and all Bids.

Name: __________________________________ Signature: _____________________________________

Title: __________________________________ Company Name: ________________________________

Address: Date: _________________________

_______________________________________ Business Phone: ________________________________

_______________________________________ Cell Phone: ____________________________________

Bid Submittal shall be valid for 90 days

Attachment A Invitation For Bid (IFB) No. 2026-004

Snow Removal Contractors – Brainerd HRA

THE HOUSING AUTHORITY IN AND FOR THE CITY OF BRAINERD, MINNESOTA

FORM OF BID

(1) Bid Submittal by Section. The HA intends to retain the successful bidder pursuant to a “Low Bid” Reasonable and Responsible basis; including considering factors other than just cost in making the award decision. Therefore, so that the Agency can properly evaluate the offers received, all bids submitted in response to this IFB must be formatted in accordance with the sequence noted in the following table. Please place a blank sheet of paper between each section if submitting hard copies. None of the proposed services may conflict with any requirement the Agency has published herein or has issued by addendum.

“X” = Item

Included

Bid Section

No.

Description

1 IFB. An signed copy of the original IFB document Signature Page, shall be used as the Cover Page for the Bid Submission.

2 Form of Bid. This Form, Attachment A, to this IFB document. This 3-page Form must be fully completed, executed where provided and submitted under this section as a part of the bid submittal.

3A Form HUD-5369-C (8/93), Certifications and Representations of Offerors, Non-Construction Contract. This Form is attached here to this IFB document. This 2-page Form must be fully completed, executed where provided and submitted under this section as a part of the bid submittal.

3B Form HUD-5369-A (11/92), Representations, Certifications, and Statements of Bidders, Public and Indian Housing Programs. This Form is attached here to this IFB document. This 4-page Form must be fully completed, executed where provided and submitted under this section as a part of the IFB submittal.

4 Profile of Firm Form. The Profile of Firm Form is attached hereto as Attachment B to this IFB document. This 2-page Form, plus additional pages as needed, must be fully completed, executed, and submitted under this section as a part of the bid submittal.

5 Equal Employment Opportunity/Supplier Diversity. The bidder must submit under this section a copy of its Equal Opportunity Employment Policy and a complete description of the positive steps it will take to ensure compliance, to the greatest extent feasible, with the regulations pertaining to supplier diversity (i.e., small, minority and women-owned businesses).

6 Other Information (Optional Item). The bidder may include hereunder any other general information that the bidder believes is appropriate to assist the Agency in its evaluation.

Bid Submittal Binding Method. It is preferable and recommended that the bidder leave the bid submittals unbound or in such a manner that the Agency can, if needed, remove the binding (i.e.

“stapled, clipped” etc.) or remove the pages from the cover (i.e. 3-ring binder; etc.) to make copies, then conveniently return the bid submittal to its original condition.

Snow Removal Contractors – Brainerd HRA

Licensing and Insurance Requirements. Prior to award (but not as a part of the bid submission) the successful bidder will be required to provide:

City/County/State Business License. If applicable, a copy of the bidder’s business license allowing that entity to provide such services within the City of Brainerd, the County of Crow Wing, and/or the State of Minnesota.

Certificates of Insurance. (Provided directly by the Contractor’s Insurance Agency) Listing the Brainerd HRA as Additional Insured and showing the contractors limits meet the HA’s minimum requirements.

Fees Proposed. Fees shall be proposed as a flat rate based on the number of inches of snow received above 2”, not hourly, in writing within this IFB as per the format required in the following table. Snowfall measurement calculations shall be as recorded on the website of and by the National Weather Service at the Brainerd Airport per snow event.

Item No.

Service Description Fee for Up to

5”

Fee for 5” to

9”

Fee for 9” to 12”

Fee for Over 12”

SE1 Removal of snow in snow emergency area lots 1 & 2

SE2 Removal of snow in snow emergency area lot 4

SE3 Removal of snow in snow emergency area lot 5

CR1 Complete snow removal of lot 1

CR2 Complete snow removal of lot 2

CR3 Complete snow removal of lot 4

CR4 Complete snow removal of lot 5

EP1 Complete snow removal of Employee Parking lot 3 and North/East sides of lot 2

SW1 Removal of snow on sidewalks of lot 1 (North Star)

SW2 Removal of snow on sidewalks of lot 4 (Brainerd South)

SS1 Salt sidewalks and walking areas of lot 1 (North Star)

SS2 Salt sidewalks and walking areas of lot 4 (Brainerd South)

Snow Removal Contractors – Brainerd HRA

(2) Debarred Statement. Has this firm, or any principal(s) ever been debarred from providing any services by the Federal Government, any state government, the State of Ohio, or any local government agency within or without the State of Ohio? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances, and current status.

(3) Disclosure Statement. Does this firm or any principals thereof have any current, past personal or professional relationship with any Commissioner or Officer of the Agency? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances, and current status.

(4) Felony Disclosure. Has any principal(s) or any person(s) proposed to perform the work ever been convicted of a felony? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances, and current status. PLEASE NOTE: The Agency reserves the right to not make an award to any bidder that has staff who has been convicted of a felony if the Agency feels that doing such is in its best interests.

(5) Non-Collusive Affidavit. The undersigned party submitting this bid hereby certifies that such bid is genuine and not collusive and that said bidding entity has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from 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 bid price of affiant or of any other bidder, to fix overhead, profit or cost element of said bid price, or that of any other bidder or to secure any advantage against the Agency or any person interested in the proposed contract; and that all statements in said bid submittal are true.

(6) Bidder’s Statement. The undersigned bidder hereby states that by completing and submitting this Form and all other documents within this bid submittal, he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and that if the Agency discovers that any information entered herein to be false, such shall entitle the Agency to not consider or make award or to cancel any award with the undersigned party. Further, by completing and submitting the bid, the undersigned bidder thereby agrees to abide by all terms and conditions pertaining to this IFB as issued by the Agency, either in hard copy or on the eProcurement Marketplace, including an agreement to execute the attached Sample Contract form. Pursuant to all IFB Documents, this Form of Bid, and all attachments, and pursuant to all completed Documents submitted, including these forms and all attachments, the undersigned hereby proposes to supply the Agency with the services described herein and entered within the areas provided within the eProcurement Marketplace pertaining to this IFB.

Signature Date Printed Name Company

(Page Left Intentionally Blank) form HUD-5369-C (8/93) ref. Handbook 7460.8Previous edition is obsolete page 1 of 2

1. Contingent Fee Representation and Agreement

(a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer.

(c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or

(3) take other remedy pursuant to the contract.

2. Small, Minority, Women-Owned Business Concern Rep-resentation

The bidder/offeror represents and certifies as part of its bid/ offer that it:

(a) [ ] is, [ ] is not a small business concern. “Small business concern,” as used in this provision, means a concern, includ-ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned small business concern.

“Women-owned,” as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals.

For the purpose of this definition, minority group members are:

(Check the block applicable to you)

[ ] Black Americans [ ] Asian Pacific Americans

[ ] Hispanic Americans [ ] Asian Indian Americans

[ ] Native Americans [ ] Hasidic Jewish Americans

3. Certificate of Independent Price Determination

(a) The bidder/offeror certifies that—

(1) The prices in this bid/offer have been arrived at indepen-dently, without, for the purpose of restricting competi-tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or

(iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be-fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition.

(b) Each signature on the bid/offer is considered to be a certifi-cation by the signatory that the signatory:

(1) Is the person in the bidder/offeror’s organization respon-sible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subpara-graphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above (insert full name of person(s) in the bidder/offeror’s organization responsible for determining the prices of-fered in this bid or proposal, and the title of his or her position in the bidder/offeror’s organization);

(ii) As an authorized agent, does certify that the princi-pals named in subdivision (b)(2)(i) above have not par-ticipated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and

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

Certifications and Representations of Offerors Non-Construction Contract

Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

This form includes clauses required by OMB’s common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements set forth in Executive Order 11625 for small, minority, women-owned businesses, and certifications for independent price determination, and conflict of interest.

The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

form HUD-5369-C (8/93) ref. Handbook 7460.8Previous edition is obsolete page 2 of 2

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

(c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.

4. Organizational Conflicts of Interest Certification

(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor’s organizational, fi-nancial, contractual or other interest are such that:

(i) Award of the contract may result in an unfair competi-tive advantage;

(ii) The Contractor’s objectivity in performing the con-tract work may be impaired; or

(iii) That the Contractor has disclosed all relevant infor-mation and requested the HA to make a determination with respect to this Contract.

(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo-sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA.

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

(d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract.

5. Authorized Negotiators (RFPs only)

The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators):

6. Conflict of Interest

In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure-ment, as described in the clause in this solicitation titled “Orga-nizational Conflict of Interest.”

7. Offeror's Signature

The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Signature & Date:

Typed or Printed Name:

Title:

form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications, and Other Statements of Bidders

Public and Indian Housing Programs

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

Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs

Table of Contents

Clause Page

1. Certificate of Independent Price Determination 1

2. Contingent Fee Representation and Agreement 1

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1

4. Organizational Conflicts of Interest Certification 2

5. Bidder's Certification of Eligibility 2

6. Minimum Bid Acceptance Period 2

7. Small, Minority, Women-Owned Business Concern Representation 2

8. Indian-Owned Economic Enterprise and Indian Organization Representation 2

9. Certification of Eligibility Under the Davis-Bacon Act 3

10. Certification of Nonsegregated Facilities 3

11. Clean Air and Water Certification 3

12. Previous Participation Certificate 3

13. Bidder's Signature 3

1. Certificate of Independent Price Determination

(a) The bidder certifies that--

(1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition.

(b) Each signature on the bid is considered to be a certification by the signatory that the signatory--

(1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

_______________________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.

[ ] [Contracting Officer check if following paragraph is applicable]

(d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000)

(1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid.

2. Contingent Fee Representation and Agreement

(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter.

(b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract.

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification.

Page1 of 3

6. Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days.

(d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require-ment. The bidder allows the following acceptance period:

calendar days.

(e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected.

(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above.

7. Small, Minority, Women-Owned Business Concern Representation

The bidder represents and certifies as part of its bid/ offer that it --

(a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera-tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are:

(Check the block applicable to you)

[ ] Black Americans [ ] Asian Pacific Americans

[ ] Hispanic Americans [ ] Asian Indian Americans

[ ] Native Americans [ ] Hasidic Jewish Americans

8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

The bidder represents and certifies that it:

(a) [ ] is, [ ] is not an Indian-owned economic enterprise.

"Economic enterprise," as used in this provision, means any com-mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned.

"Indian," as used in this provision, means 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.

(b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body.

Indian "tribe" means any Indian tribe, band, group, pueblo, or

(b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation;

(2) If any funds other than Federal appropriated funds (includ-ing profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or…