Nationwide CI PWS Covid Ref Jan 2021.pdf

PERFORMANCE WORK STATEMENT

FOR CONSTRUCTION INSPECTION SERVICES

C-1 GENERAL INFORMATION

1.1 General. This requirement is for conducting onsite inspections of new construction and substantial rehabilitation of multifamily housing and performing various inspection tasks for the U. S. Department of Housing and Urban Development (HUD). These services will provide HUD with the field/site data necessary to make informed decisions regarding the construction/rehabilitation phase of HUD multifamily mortgage insurance underwriting and capital advance programs.

1.2 Background.

The U.S. Department of Housing and Urban Development (HUD) provides funding for, or insures financing of, the construction of new multifamily (MF) projects or the repair or rehabilitation of existing ME' projects, as authorized by several sections of the Housing Act of 1959 (HA), National Housing Act (NHA) and National Affordable Housing Act (NAHA), as listed below:

Section 207(M) Manufactured Home Parks Section 213 Section 221(d) (3) and (4) Moderate-Income Families Section 202 or 811 with Disabilities, IAC (811) Section 220 Section 223(f) Section

Cooperatives Multifamily Rental Housing for Housing for the Elderly, CAV (202) or for Persons Mortgage Insurance for Urban Renewal Areas Mortgage Insurance for the Acquisition or Refinancing of Multifamily Rental Apartments Housing for the Elderly, Insured (MF1DP) Supplemental Loans

HUD is required to perform periodic property inspections of MF projects throughout the entire Section 241 construction and/or rehabilitation phase. Also, HUD is required to assist other parties (owner, sponsor, builder, supervisory architect, lender, etc.) in utilizing HUD forms and procedures relative to the construction phase of MF project development.

1.3 Scope.

The purpose of the program is to conduct construction inspections and tasks related to construction inspections, and assist HUD in the review of the construction/rehabilitation of the construction project. The specific objective of this contract is to support HUD's Agency Priority Goal to utilize housing as a platform for improving quality of life by: Conducting construction inspections and performing construction inspection tasks (e.g. reviewing change orders, the Form HUD-92448, construction schedules, requests for permission to occupy etc.), thereby assisting HUD in the review of the construction/rehabilitation of a project, to approve the release of loan funds, provide customer service and manage construction period risk.

1.4 Reserved

1.5 Description of Services. The contractor shall provide Construction Inspection services. The Contractor's work products shall provide HUD with the field/site data necessary to make informed decisions regarding the construction phase of the HUD multifamily mortgage insurance underwriting and capital advance programs.

1.5.1 Frequency of Construction Inspections — General. Inspections for new construction/substantial rehabilitation projects are generally limited to one per month for the duration of the construction period.

The frequency of inspections may be more based upon a number of factors, including but not limited to:

critical phase inspections; phased occupancy inspections; the size and complexity of the project; overall experience of the project development team, and/or a determination by HUD as to the assessment of construction risk. The frequency of inspections will be discussed with and determined by the GTR/COR and/or CM/GTM/SME. The GTR/COR and/or CM/GTM/SME is permitted to require additional inspections through the task order process based upon the risk factors set forth above.

1.5.2 Flexibility in Scheduling of Inspections. HUD reserves the right to modify the scheduling of inspections at any time during the construction period due to limited construction progress from one scheduled inspection to the next.

1.6 General Information

1.6.1 Period of Performance. Period of performance will be for five years as follows: Base Year, Option Year One, Option Year Two, Option Year Three and Option Year Four.

1.6.2 Place of Performance. The services to be performed under this contract must be performed in the following Region (select the one Region that applies):

Northeast Region:

Which includes Washington D.C and the following 13 States of New York, Pennsylvania, New Jersey, Rhode Island, Maryland, Connecticut, Massachusetts, Virginia, West Virginia, New Hampshire, Vermont, Delaware, and Maine

Southeast Region:

Which includes Puerto Rico and the following 9 States of Georgia, Kentucky, Tennessee, North Carolina, South Carolina, Florida, Mississippi, Alabama

Midwest Region:

Which includes the following 6 States of Illinois, Michigan, Ohio, Indiana, Wisconsin, and Minnesota

Southwest Region:

Which includes the following 9 States of Texas, New Mexico, Oklahoma, Louisiana, Arkansas, Missouri, Iowa, Nebraska and Kansas

West Region:

Which includes the following 14 States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming.

1.6.2.1 Status Meetings. The Contracting Officer, Government Technical Representative (GTR/COR), CM/GTM/SME and other Government personnel, will meet periodically with the Contractor to review Contractor performance, requirement status, etc. The Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be held via teleconference at no additional cost to the Government. Post award conference and subsequent meetings may also be held via teleconference.

1.6.3 Contractor Travel. HUD will not reimburse the Contractor for travel for construction inspections. The Contractor must provide all necessary travel in the performance of this PWS. The government may only reimburse the Contractor for travel costs incurred as a result of a Special Purpose Construction Inspection. Inspections in the Hawaiian Islands off Oahu, inspections in Alaska and inspections in Puerto Rico will include reimbursement for travel expenses as defined elsewhere in the contract see Section B of the Contract - Schedule of Prices/Costs.

1.7 Transition Period. The Contractor recognizes that the services under this PWS are vital to the Government and must be continued without interruption. Upon contract expiration of the incumbent’s contract, a successor; another Contractor (or the Government) may continue these services. The incumbent contractor shall visit agreed upon properties with the successor contractor as directed by the GTR/GTM. The successor Contractor shall provide a Transition-In and a Transition-Out Plan. The Transition-In Plan shall be provided with the Contractor's Proposal. The Transition-Out Plan shall be provided 120 days after contract award. The Contractor shall, upon the CO's written notice, furnish Transition-In and/or Transition-Out services as required. The Contractor shall provide sufficient experienced personnel during the Transition period to ensure that the services called for by this PWS are maintained at the required level of proficiency. The Contractor shall participate in transition meetings with the Government as required.

1.7.1 Transition-In. The Contractor shall, upon the Contracting Officer’s written notice, furnish Transition-In services as required. As a successor, the Contractor shall have sufficient personnel available, at no additional cost to the Government, during the sixty (60) days (as needed to make the transition) Transition-In period to ensure a smooth transition with the incumbent Contractor. The successor Contractor shall provide an orderly transition of work acceptance and accomplishment such that any impact to a program is minimized. During the Transition-In period, the successor Contractor shall visit preselected project sites in construction with the incumbent Contractor (see 1.7.3 below) to become familiar with the requirements in order to commence full performance of services by the end of the contract Transition-In period. Note: Transition-In is not required on any project where the successor Contractor is the incumbent Contractor.

1.7.2 Transition-Out. To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the incumbent Contractor shall have sufficient personnel available, at no additional cost to the Government, during the sixty (60) day (as needed to make the transition) Transition-Out period. The incumbent Contractor shall visit preselected project sites in construction with the successor Contractor (see 1.7.3 below) to ensure a smooth transition with the successor Contractor during the Transition-Out period, prior to completion of contractual performance. The incumbent Contractor shall aid the successor in the development of plans, procedures and methods for the assumption of all on going work. The Contractor shall provide an orderly transition of work acceptance and accomplishment, such that full control by the successor contractor is achieved by the end of the new contract Transition-In period. Note: Transition-out is not required on any project where the incumbent Contractor is the successor Contractor.

1.7.3 During the Transition-In and Transition-Out periods, the incumbent inspector shall insure a smooth transition with the successor inspector prior to the completion of the contract.

The incumbent inspector and successor inspector shall together visit preselected projects under construction as listed on the task orders for inspections, in order to introduce the successor inspector to the Owner, Architect and Contractor; become familiar with the stage of construction, progress of the work and construction schedule of the project; review any issues with the Builder’s organization, operations and supervision, or the Architect’s supervision or services; discuss any delays, disputes, claims or non-compliances and any adjustments to payment requests; identify the location of the posted Wage Decision and posters; and confirm meeting dates, including time and location. The incumbent shall aid the successor in the development of plans, procedures and methods for the assumption of all on-going work and shall provide the HUD Inspector’s plans, spec and files to the successor in a timely manner as part of this transition.

C- 2 DEFINITIONS, ACRONYMS, APPLICABLE DOCUMENTS/PUBLICATIONS

2.1 DEFINITIONS

AIA - American Institute of Architects, 1735 New York Ave., NW, Washington, DC.

Application - Exhibits that are submitted by a sponsor or the mortgagee of record to a HUD Office to request issuance of a processing letter (Early Commencement, Early Start, or Firm Commitment).

Architect or Supervisory Architect - The architect providing services to the sponsor/owner under the terms of the AIA-B108, Owner-Architect Agreement.

Builder - The General Contractor hired by the sponsor/owner to construct the project under the terms of the construction contract and in accordance with contract documents. The term "builder" is used in this PWS to avoid confusion when the Contractor's role is discussed.

Builder’s Initial Start Letter - This letter, written on the Builder’s letterhead, provides the date of the initial construction start, used for recording and reporting purposes, is the "start of construction" as used in connection with labor standards and prevailing wage requirements. This is defined as the beginning of initial site clearance and preparation, provided these activities are pursued diligently and are followed, without appreciable delay, by other construction activities. This can be a separate letter or combined with the Builder’s Permanent Start Letter. Reference MAP Guide 12.3 D.4 & HUD Handbook 4460.1, Section 3-4 D. Note that the HUD Closing is the Notice-To-Proceed (NTP).

Builder’s Permanent Start Letter - This letter, written on the Builder’s letterhead, provides the date recorded as the start of permanent construction, used for the purpose of determining the earning of the inspection fee, will correspond to the first day that permanent on-site building elements were put into place, such as footings and/or foundations, pilings, utility lines, etc. This can be a separate letter or combined with the Builder’s Initial Start Letter. Reference MAP Guide 12.3 D.4 & HUD Handbook 4460.1, Section 3-4 D. Note that the HUD Closing is the Notice-To-Proceed (NTP).

Business/Work Days - Every official work day of the week which are days between and including Monday to Friday. This does not include public holidays and weekends.

Calendar Day - Any day of the week.

Certificate of Occupancy - a certificate allowing occupancy issued by a local Government building department for a structure or structures for which a building permit has been issued.

CFR - Code of Federal Regulations.

Construction Contract - the construction contract applicable to the particular project for which HUD is providing mortgage insurance and which HUD requires (typically a contract between the builder and project owner or sponsor).

Construction Contract Administration - the supervisory architect's administration of the contract between the builder and project sponsor/owner in the construction of any OHP project. HUD construction inspection tasks, to be performed by the Contractor as HUD's Representative, are defined in this contract.

Construction Inspection Services - monitoring the construction, and performing construction inspection tasks and related functions for the purpose of protecting the Department's interest.

Construction Manager (HUD CM) — the HUD employee in the Office of Multifamily Housing (MFH) Programs who is responsible for the proper performance of all functions relating to MFH construction administration and inspections in order to manager HUD’s construction risk. The Construction Manager keeps informed of the general progress of the work on all projects during the construction stage and is familiar with any problems involved. The HUD CM is typically also a designated GTM/SME.

Construction Period — stated period of time during which a property is undergoing construction or substantial rehabilitation. This period typically extends from the issuance of a Notice to Proceed from the owner to the issuance of a certification of completion.

Contract Administration - the monitoring of the performance of the Contractor by the GTR/COR, GTM/SME and Contracting Officer relative to the tasks performed under this contract.

Contractor A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contracting Officer (CO) - A person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: the only individual who can legally bind the Government.

Contract Officer Representative (COR) - The Contract Officer Representative (COR) in Multifamily Housing Operations, assists the OCPO Contracting Officer (CO). The CO designates the COR and delegates to them specific contract oversight duties and responsibilities through the standard Delegation of Authority Memoranda. This memorandum authorizes the COR to act on behalf of the program office head and CO in activities involving those technical aspects of the proposed contract that are the responsibility of the program office. The Contract Officer Representative (COR) were formerly known as Government Technical Representative (GTR).

Contractor - An independent third party contracted out for the monitoring of the construction and renovation of multifamily housing projects that are insured by the Department of Housing and Urban Development. Days — Calendar days, unless otherwise specified as business days.

Defective Service - A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable - Items that are required under the Contract and provided either physically or electronically by the Contractor to HUD.

Federal Acquisition Regulation - is the principal set of rules in the Federal Acquisition Regulation System governing the acquisition process by which the government purchases (acquires) goods and services.

FHAG - Fair Housing Accessibility Guidelines. Technical guidance on how to comply with the specific accessibility requirements of the Fair Housing Amendments Act of 1988.

Final Closing - the final completion of all HUD project development forms, procedures, terms and conditions per HUD legal and programmatic requirements. This occurs after completion of project construction and cost certification.

Final Completion of the Work (Individual Project Completion) - the time when all work under the construction contract is 100 percent complete, except work items beyond the builder's control which are accepted as delayed items of completion. It is formalized as of the date the Contract Inspector signs the final HUD Trip Report HUD-95379 provided that the trip report is subsequently accepted by the HUD

CM/GTM/SME.

Government Furnished Property (GFP) - Government furnished property" means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Technical Monitor (GTM) - An employee of the U.S. Government appointed by the Contracting Officer to assist in providing technical direction and monitoring performance under the contract. This individual is also the Subject Matter Expert (SME) in the Multifamily Housing Program area.

Government Technical Representative (GTR) - An employee of the U.S. Government appointed by the Contracting Officer to perform contract administration activities in regard to technical issues. This individual has authority to provide technical direction to the Contractor as long as direction is within the scope of the contract, does not constitute a change and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. This individual is also referred to as the Contracting Officer’s Representative (COR).

HUD - The U.S. Department of Housing and Urban Development. The terms "Department of Housing and Urban Development," "Department," "HUD," and "Government" shall be synonymous and may be used interchangeably in this contract.

HUD Capital Advance Program - A program whereby HUD provides direct funding for construction, acquisition, or rehabilitation of a housing project for elderly or disabled persons.

HUD Inspection Procedures - Paragraphs 3-1 through 3-17 in Chapter 3, Architectural Inspection, of HUD Handbook 4460.1 REV-2, Architectural Analysis and Inspections for Project Mortgage Insurance;

HUD Handbook 4435.01 REV-1, Project Construction and Servicing Before Final Closing; and the MAP Guide. (Chapter 12 and other chapters or appendices) Required reporting via the HUD-95379, HUD Representative Trip Report, is to be completed for each inspection per MAP Forms Catalog, or per instructions included on the form.

HUD-Insured Program - A program where HUD provides mortgage insurance to the mortgagee for construction, acquisition (with or without repairs), or rehabilitation of a housing project.

HUDAR - prescribes the Department's procurement policies and procedures under the FAR System.

Initial Endorsement/Closing —The initial endorsement of a HUD project for loan insurance or the completion of all documents necessary for a capital advance, which normally occurs prior to the commencement of construction. The legal documents, loan forms, capital advance documents, construction contract, and other required instruments are signed at this meeting.

Inherently Governmental Functions - Activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government.

Item(s) of Delayed Completion — construction-related work items beyond the builder's control to complete at final completion of the work as determined by the CM/GTM.

Latent Defect(s) - defective or non-conforming work item(s) not observed during construction, and identified by the owner's architect and the Contractor at either the 9-month or 12-month warranty inspection.

Off Site Construction - defined as improvements to property immediately adjacent to the property that is secured by the insured loan and integral to the completion of the proposed project; (e.g. utilities, paving/access roads etc.)

Performance Requirements Summary (PRS) A listing of the performance requirements under the contract that are to be evaluated by the Government on a regular basis, performance indicators for these requirements, performance standards for these requirement and surveillance methods to be used to determine if performance standards are met (and optionally, any maximum payment for meeting the acceptable quality level (AQL) and any deduction from payment for not meeting the AQL).

Performance Standard - The Contractor's performance level required by the Government. This is also known as the acceptable quality level (AQL).

Performance Work Statement (PWS) - A statement of work for performance based acquisitions that describe the required results in clear, specific and objective terms with measurable outcomes.

Pre-Closing Conference - The meeting HUD will conduct, if necessary, with the lender, owner/sponsor, builder, CI, accountants, and others to assist in reaching the project's final closing in a timely manner.

Pre-Construction Conference (PCC) - The meeting attended by the CI; builder; builder's subcontractors (if possible); supervisory architect; owner/sponsor; consultants (if any); mortgage company (if applicable); and HUD Housing Development staff to discuss the construction contract documents and applicable HUD requirements. Required for every project and should precede the initial start of construction (if possible).

Physical Security - Actions that prevent the loss or damage of Government property.

Project Capital Needs Assessment (PCNA) — Document containing estimates of critical and non-critical repair costs and the initial and monthly deposits to the replacement reserve.

Quality Assurance (QA) - Policies and procedures adopted by the Government to ensure that supplies and services acquired under Government contracts conform to the contract's quality requirements.

Quality Assurance Surveillance Plan (QASP) - A plan describing how the agency will survey, observe, test, sample, evaluate and document the contractor's performance in meeting critical performance standards identified in the contract.

Quality Control (QC) - All necessary measures taken by the Contractor to assure that the quality of an end product of service shall meet contract requirements.

Service contract - A contract that directly engages the time and effort of a Contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.

Subject Matter Expert (SME) - revised terminology for Government Technical Monitor (see definition above).

Special Purpose Inspections (SPIs) - The type of physical inspection performed on existing MF subsidized or unsubsidized projects to either determine the scope and cost of repairs needed to bring the project to a decent, safe, and sanitary condition in accordance with 24 CFR Part 5, Subpart G; to inspect major repair items; to inspect progress being made under Management Improvement and Operating (MIO) Plans; to investigate complaints HUD has received concerning the property's physical condition; or any other inspection assigned to the inspector.

Sponsor/Owner/Mortgagor - The individual or entity planning the project whose name appears on the Construction Contract and other applicable project documents.

Start(s) of Construction - "Initial Start of Construction" is defined as the beginning date of the initial site preparation. This date is used in connection with the Labor Standards and prevailing wage requirements, when the construction contract work commences with initial site clearance or other preliminary site work for proposed construction projects. The "Start of Permanent Construction" is defined as the first day that permanent on-site building elements were put in place (footings, foundations, pilings, utility lines, etc., but not excavation, forms or trenching, including demolition of portions of the existing building for substantial rehabilitation projects). Builder documents "initial" and "permanent" construction start dates via appropriate correspondence to the CI.

Subcontractor - Any person , other than the prime Contractor, who offers to furnish or furnishes any supplies, material, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. The Government does not have privity of contract with a subcontractor.

Subject Matter Expert (SME) - The Subject Matter Experts (SME) in Multifamily Housing Production, support the Contract Officer’s Representative (COR) in technical and programmatic matters (not contract matters) associated with the administration of the inspection contract to help assure that the inspection services meet the MFH Program needs, and are provided accurately and in accordance with the government contract. The Subject Matter Experts (SME) were formerly known as Government Technical Monitor (GTM).

Temporary Certificate of Occupancy - A certificate issued by a local Government building department for a structure or structures for which a building permit has been issued (allows early occupancy and prior to issuance of Certificate of Occupancy).

UFAS - Uniform Federal Accessibility Standards. Presents uniform standards for the design, construction, and alteration of buildings so that persons with disabilities will have ready access to and use of them in accordance with the Architectural Barriers Act, 42 U.S.C. 4151-4157.

Work Week - Monday through Friday, unless specified otherwise.

2.2 ACRONYMS

AIA American Institute of Architects

AQL Acceptable Quality Level

ASI Architect's Supplemental Instructions

CFR Code of Federal Regulations

CIO or OCIO Office of the Chief Information Officer of HUD

CLIN Contract Line Item Number

CO Contracting Officer

COR Contract Officer Representative (formerly known as GTR)

CPARS Contractor Performance Assessment Reports System ont CPO Office of the Chief Procurement Officer of HUD

CR Change Request

EAC Estimate at Completion

EST Eastern Standard Time (U.S.)

ETC Estimate to Completion

GAO U.S. General Accounting Office

HARTS HUD Automated Release Tracking System

HTC HUD Test Center

HUD CM HUD Construction Manager

HUD U.S. Department of Housing and Urban Development

HUDAR HUD Acquisition Regulation

HUD/ISG Internet Services Group within the Telecom Processing Division

HUD Web HUD's Intranet Web Site and related WEB pages.

IG or OIG Inspector General (Office of)

ISP Information Strategy Plan

IT Information Technology

IV&V Independent Validation and Verification

LAN Local Area Network

LOE Level of Effort

MAP Multifamily Accelerated Processing Guide

MF Multifamily

MFTDP Multifamily Technical Discipline Professional

NLT Not Later Than, or No Later Than

OCPO Office of the Chief Procurement Officer

OIG Office of Inspector General

OMB Office of Management and Budget

PCNA Project Capital Needs Assessment

PL Public Law

PM Project Manager

POC Point of Contact

PPM Project Planning and Management

PR Problem Report(s)

PTO Permission To Occupy

QA Quality Assurance

QASP Quality Assurance Surveillance Plan

QCP Quality Control Plan

SF Standard Form

SME Subject Matter Experts (formerly known as GTM)

U. S .0 United States Code

W S R Weekly Status Report

2.3 APPLICABLE REGULATIONS/MANUALS/DOCUMENTS/PUBLICATIONS: The Contractor shall abide by all applicable regulations, publications, manuals, and policies and procedures in the performance of this contract

1344.1 REV-1 Federal Labor Standards Compliance in Housing and Community Development

4435.1 REV-1 Project Construction and Servicing Before Final Closing

4460.1 REV-2 Architectural Analysis and Inspections for Project Mortgage Insurance

4470.2 REV-1 Cost Certification Guide for Mortgagors and Contractors of HUD-Insured and

Section 202/811 Multifamily Projects

4555.1 Rental Housing in Urban Renewal Areas for Project Mortgage Insurance, Sec. 220

4560.1 REV-1 Mortgage Insurance for Multifamily Moderate Income Housing Projects-Section

221(d) (3) and Section 221(d) (4)

4910.1 REV-1 Minimum Property Standards (MPS) for Housing, 1994 Edition 24 CFR Part 100.205 Fair Housing Accessibility Guidelines FED-STD -795 Uniform Federal Accessibility Guidelines 24 CFR Part 200.77, Subpart 0 Lead-Based Paint Poisoning Prevention 24 CFR Part 5, Subpart G HUD Standards for Decent, Safe, and Sanitary Multifamily Housing MAP Guide Multifamily Accelerated Processing Guide MAP Forms MAP Forms Handbook

Handbook 4571.4 Supportive Housing, for Persons with Disabilities Conditional Commitment - Final Handbook 4571.5 Closing Supportive Housing for the Elderly Conditional Commitment - Final Closing 24 CFR Part 891 Regulations implementing the Supportive Housing, for the Elderly Program 24 CFR Part 891 Regulation implementing the Section 811 Supportive Housing Program for Persons with Disabilities

2.3.1. Additional publications (handbooks and regulations) applicable to 202 and/or 811 projects, dependent on year funded, are as follows:

Handbook 4571.4

Handbook 4571.5 24 CFR Part 891 24 CFR Part 891

Supportive Housing for Persons with Disabilities Conditional Commitment — Final Closing Supportive Housing for the Elderly Conditional Commitment — Final Closing Regulations implementing the Supportive Housing for the Elderly Program Regulation implementing the Section 811 Supportive Housing Program for Persons with Disabilities

2.3.2 For ease of reference for the CI, the list of HUD handbooks and notices below are grouped per applicable HUD program area:

Sec 221(d)(3) Sec 232

4435.1 REV-1 4435.1 REV-1

4460.1 REV-2 4460.1 REV-2

MAP Guide 4600.1 REV-1

Sec 221(d)(4)& 207(m)& 231

4435.1 REV-1

4460.1 REV-2

4460.2

4600.1 REV-I

4600.2 4555.1 MAP Guide Sec 202

4460.1 REV-2

4571.5

Sec 241

4460.1 REV-2

Map Guide

Sec 811

4460.1 REV-2

4571.4

Sec 223(a)(7)

4460.1 REV-2 [Sec 223)f)]

Map Guide [Sec 223)f)]

Sec 223(f)

4460.1 REV-2

MAP Guide

2.4 FORMS Applicable forms, either HUD's or from some other non-federal entity source, are as follows

A1A-B 181

AIA-G710

AIA-G711

HUD 2328

HUD 92485

HUD-1 I

HUD-92437

HUD-92448

HUD-92464

HUD-95379

HUD-92013

Owner-Architect Agreement Architect's Supplemental Instructions (ASIs) Architect's Field Report Contractor's and /or Mortgagor's Cost Breakdown - Schedules of Values Permission To Occupy Project Mortgages Record of Employee Wage Interviews Request for Construction Changes (Change Order Form) Builder's Requisition Request for Approval of Advance of Escrow Funds HUD Representative's Trip Report Application for Multifamily Housing Project

Website for HUD Forms:

http://hud.gov/hudclips

C-3 GOVERNMENT FURNISHED PROPERTY AND SERVICES.

The Contractor shall ensure accurate control and accountability of all Government Furnished Property in accordance with terms and conditions of this contract. The Government will furnish, at no cost to the Contractor, the GFP shown below.

3.1 Facilities. Work space at the construction site for HUD personnel and the Contractor (as HUD's representative), will be provided by the Builder. The Contractor has the right of entry and free access to assigned construction sites and to inspect all work and materials, equipment and fixtures furnished, installed or stored in and about the project at all normal working times during construction. The Contractor shall immediately notify the GTR/GTM if it is denied such right of entry and free access. The Contractor shall not attempt to resolve any dispute regarding entry and free access unless specifically instructed by the GTR/GTM to do so.

3.2 Materials. Construction Related Documents. After the Contractor has been assigned a project, The GTM (sometimes with assistance from the Lender) will provide to the Contractor copies of construction related documents which the Contractor needs to perform construction inspection tasks for the assigned HUD projects. Construction related documents forwarded to the Contractor are as follows for New Construction or Substantial Rehabilitation:

3.2.1.1 "HUD Inspection Set" of the HUD-approved plans and specifications

3.2.1.2 Construction contract between the builder and the owner/sponsor

3.2.1.3 Supervisory Architect's Contract, AIA Document B108 with HUD Amendment

3.2.1.4 Drawings, specifications, and contract pertaining to offsite improvements

3.2.1.5 Escrow Agreement for Offsite Facilities

3.2.1.6 Builder's Construction Schedule

3.2.1.7 Escrow Agreement (if any other)

3.2.1.8 Project Capital Needs Assessment (PCNA)

3.2.1.9 Additional pertinent documents

http://hud.gov/hudclips

3.2.2 Section 223(f) Level 2 & 3 Related Documents. The GTM (sometimes with assistance from the Lender) shall provide the following documents to the Contractor as reference documents in performing the inspections of critical or non-critical required repairs:

3.2.2.1 Firm Commitment, or Escrow Agreement (for Repair Escrow, Completion Assurance

Escrow, and Relocation Escrow if applicable).

3.2.2.2 List of required repairs (including the Project Capital Needs Assessment (PCNA))

3.2.2.3 Specifications and drawings (if Architect involved and required by HUD)

3.2.2.4 Schedules of Values

3.2.2.5 Progress Schedule

3.2.2.6 Schedule of Delayed or Interrupted Occupancy or Income

3.2.2.7 Relocation Plan and Schedule (to be coordinated with Builder’s Construction Schedule)

3.2.2.8 Contact Sheet

3.2.2.9 Owner-Architect Agreement (when Architect required)

3.2.2.10 Construction Contract (when General Contractor required)

3.2.2.11 Builders Construction Schedule (to be coordinated with the Relocation Schedule)

3.2.2.12 Relocation Consultant and Liaison Contracts (as applicable)

3.3 Projects to be Inspected

Each task order will have a work order issued and updated as needed by HUD the GTR, which will indicate the properties and number of inspections authorized. For each project requiring inspections, the GTR/GTM will email either a PD or a LN an information sheet to the Contractor indicating the project name, type, size, location, type of construction, lender and development team contact information, and the estimated construction duration.

C-4 CONTRACTOR FURNISHED ITEMS AND SERVICES.

4.1 Contractor Responsibilities. The Contractor shall only conduct business with designated Government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Government, in writing and updated as necessary throughout the contract period. U.S. Government records, copies of original results and reports, verified original data, corrected data and corrected supporting final reports which are maintained by the Contractor remain the property of the U.S. Government. These files/results must be delivered to the GTR/COR and CM/GTM/SME.

4.2 Contractor Personnel. The Contractor shall provide a Contract Manager who shall be responsible for the performance of work. An Alternate Contract Manager shall also be designated to act in the absence of the Contract Manager. These Contractor personnel (main point of contact and alternate point of contact) are considered Key Personnel by the Government and shall be listed as such in accordance with HUDAR 2452.237-70, "Key Personnel". The Contract Manager and Alternate Contract Manager shall have full authority to act on all contract matters relating to daily operations of this contract. Accordingly, the points of contact shall have the technical knowledge of the requirement and be in the position to actually receive assignment, guidance and direction from the GTR/COR, CM/GTM/SME and CO per HUDAR 2452.237-73, Conduct of Work and Technical Guidance and shall allocate enough hours to the requirements of the contract to ensure successful performance. These points of contact shall each be an employee of the Contractor. An employee of a subcontractor is not acceptable for either of these positions. The Contract Manager or Alternate Contract Manager shall be available between the hours of 8:00am to 4:30pm, Monday through Friday local time, except Federal Holidays or when the Government facility is closed for administrative reasons.

4.2.1 Special Qualifications — Contractor. The Contractor is responsible for ensuring the contract manager, alternate contract manager and inspectors are thoroughly familiar with all HUD programs and procedures as they apply to the duties of the HUD representative (also called "HUD Design Representative" or "HUD Inspector" in HUD handbooks, specifically 4460.1 and 4435.01, and the Multifamily Accelerated Processing (MAP) Guide) and that they remain abreast of all changes to applicable handbooks, publications and forms. As the HUD representative on the project site, the Contractor shall be responsible for assisting other parties (owner, sponsor, builder, supervisory architect, mortgage company/lender, etc.) in utilizing HUD forms and procedures relative to the construction phase of the multifamily project development.

The Contractor/Project Manager shall possess three years of recent [within the past six (6) years] experience in managing and overseeing employees who perform multifamily construction inspection activities, or a total of five years of experience in overseeing employees performing a combination of multifamily, single family, and commercial construction inspections, with a minimum of one of those five years being multifamily. The contract manager and alternate must also have at least three years of satisfactory experience in performing construction inspections which demonstrate the knowledge and experience listed below for inspectors. This experience need not be within the past 6 years.

4.2.2 Employees. The Contractor shall recruit, hire, train and supervise qualified employees. The Contracting Officer shall have the authority to restrict the assignment of any individual as an employee under the contract or any subcontracts that is identified as unqualified, or a potential threat to the health, safety, security, and general well-being, mission of the Department or its staff, or whom HUD may determine has any actual or potential conflict of interest.

4.2.2.1 The Contractor shall certify to the Contracting Officer that the inspectors meet the below-stated minimum qualifications with the submission of the technical proposal. An additional certification shall be provided seven (7) business days after hiring a new inspector; but, in any event, prior to any inspector performing inspections. The contract manager and alternate contract manager shall be considered Key Personnel. The Contractor shall not substitute inspectors or Key Personnel without prior approval of the Contracting Officer.

4.2.2.2 The Contractor Manager, and all inspectors shall possess three years of satisfactory construction inspection experience related to the specific inspection tasks required by this contract. The inspection experience for the inspectors must be recent (within the past six (6) years). The inspection experience for the contract manager and alternate manager does not have to be within the last 6 years; only the experience in managing and overseeing as indicated above. Satisfactory experience is defined as three years of recent multifamily construction inspection activities or five years of experience in a combination of multifamily, single family, and commercial construction inspections, with a minimum of one of those five years being multifamily. Specific projects where multifamily experience was obtained will be listed with references who can confirm the experience. Inspection experience shall cover all activities and phases of a construction project, and not just a single activity or discipline. The experience shall demonstrate a record of performing acceptable construction inspections and related construction contract administration tasks as required by this contract.

The experience shall clearly demonstrate the inspector's knowledge of and familiarity with construction, construction inspection, and construction administration. The experience shall also demonstrate knowledge of national building codes and standards, current standard construction methods and procedures, HUD regulations and handbook requirements sufficient to identify compliance by the owner, builder and the supervisory architect. The experience shall clearly demonstrate the inspector's knowledge of and familiarity with Federal Accessibility Standards such as; Fair Housing Act, Fair Housing Accessibility Guidelines, Americans with Disability Act Title III & 504 (UFAS or Deeming Notice for use of ADA until UFAS is updated). The complexity of some projects may mandate that they be assigned to an inspector whose background indicates the ability to perform those inspections.

4.2.2.3 When the Contractor has assigned an inspector to a project, that inspector shall continue to conduct all inspections at the property through final completion of construction phase. If it becomes necessary to substitute an inspector assigned to a project, the Contractor shall inform the GTM/GTR at least seven (7) business days prior to the scheduled inspection that another inspector from the approved list is to be assigned. A substitute must have the background requirements necessary for any substitution on complex projects as discussed above.

4.2.2.4 The Contractor shall not employ or subcontract with any person who is a current or former civilian employee of the U.S. Government if the employment of that person would create a conflict of interest, an appearance of any conflict, or otherwise conflict with Department restrictions. The HUD Office of Counsel must approve employment of any person who is a current or former civilian employee of the U.S. Government.

4.2.2.5 When the Contract Manager or Alternate Contract Manager performs the role of inspector, the person who actually performs the inspection must sign the HUD Trip Report Form 95372 in the block for “HUD Representative”. The CI’s Contract Manager, who does not perform the inspection but is responsible for the quality control, will sign as the “Construction Manager”. This procedure will facilitate in providing an adequate quality assurance review of the report. Note that the HUD CM/GTM/SME will only sign the 100% Final Trip Report as the HUD Construction Manager, only on the page where the HUD Official signature is required by 5.2.3.18 and 5.3.7.6.

4.3 Identification of Contractor Employees. All Contractor/subcontractor personnel shall wear company picture identification badges so as to distinguish themselves from Government employees.

When conversing with Government personnel during business meeting, over the telephone or via electronic mail, Contractor/subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees. Contractors/subcontractors shall identify themselves on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation. Where practicable, Contractor/subcontractors occupying collocated space with their Government program customer shall identify their work space area with their name and company affiliation, or as a minimum, "Contractor" after name.

4.4 Quality Control. The Contractor shall establish and maintain a complete Quality Control Program that shall ensure services are performed in accordance with this contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure defective services do not occur or reoccur. The Contractor's quality control program is the means by which they assure themselves and HUD that their work complies with the requirements of the contract. The Contractor shall provide the associated Quality Control Plan to the Government as directed.

4.4.1 Quality Control Plan. The Contractor shall develop, maintain, enforce and document a Quality Control Plan (QCP). The QCP shall be included in the proposal and will ensure the Government receives the level of quality that is consistent with the requirements specified in this contract. The QCP shall be sufficiently detailed to provide the Contractor's methodology for identifying and recruiting qualified personnel. The QCP shall also provide the Contractor's methodology for resolving problems identified by the Government during reviews conducted in accordance with its Quality Assurance Surveillance Plan (QASP). The QCP shall also provide the Contractor's methodology for establishing an internal feedback system for support personnel, and for resolving problems identified by that feedback system. The QCP shall demonstrate and validate that the services and deliverables to be provided under the contract are complete, and completed with a level of quality that meets the minimum performance threshold established in the Government's QASP. The QCP shall address Quality Management Approach, Quality Assurance, Quality Control and Quality Standards.

4.5 Inspection Calendar/Schedule. At the first of each month, the Contractor shall email the CM/GTM/SME a monthly calendar showing the dates when inspections are scheduled for each project.

The tracking of the number of inspections used versus the number authorized per the Inspection Contract Task Order should be included in accordance with the HUD Trip Report Instructions. Include in this monthly inspection schedule the proposed critical phase inspections as well for CM/GTM/SME review and approval.

C-5 SPECIFIC TASKS

5.1 SCOPE OF WORK.

The Contractor shall furnish all facilities, equipment and supplies required to perform the work under this contract. The contractor shall provide construction contractor inspection services to provide HUD with the field/site data necessary to make informed decisions regarding the construction phase of the HUD FHA multifamily housing projects. Inspections required under the Section 223(f) mortgage insurance underwriting program are addressed in Section 5.3 herein.

5.1.1 SPECIAL PURPOSE INSPECTIONS. The CI shall also perform, as required;

Inspections of existing MF insured and/or subsidized projects (named SPECIAL PURPOSE INSPECTIONS (SPI's) in this contract). These inspections may be made to determine the condition of the property, whether the property is in decent, safe, and sanitary condition, and the cost and scope of repair work based on the results of the inspections; to inspect major items requiring specialized, technical investigation such as electrical, plumbing, foundation, or civil engineering; to inspect progress being made under Management Improvement and Operating (MIO) Plans; to investigate complaints HUD has received concerning the property's physical condition; or any other inspection assigned to the inspector. Standards for decent, safe, and sanitary housing shall be based on 24 CFR Part 5, subparagraph G. Actual scope of work, reporting documents, format and other details of SPI's will be established in the order for the work. SPI's are not covered by the provisions contained in Section C, Technical Exhibit 2, Performance Requirements Summary/Standards; or Technical Exhibit 3, Contract Deliverable Requirements Chart.

5.2 TASK 1: CONSTRUCTION PROJECT MONITORING TASKS for New Construction and Substantial Rehabilitation

5.2.1 Pre-Construction Activities. Within ten (10) business days of receipt of the email transmitting the materials related to the assignment of projects (under construction, under warranty, or new/rehabilitation projects or repairs), the Contractor shall initiate an "Initial Briefing" call or meeting with the CM/GTM/SME if needed by the Contractor. The Contractor shall attend, and when directed by the CM/GTM/SME, conduct the HUD Pre-construction conference, and afterwards submit summary meeting notes and list of attendees on a HUD Representative's Trip Report (HUD- 95379) (photos not required) to the GTM within seven (7) business days of the conference.

The Contractor shall conduct an initial review of the Contract document-plans and specifications, etc., prior to field inspections as part of the Pre-construction Conference Trip Report.

5.2.2 Inspections. The Contractor shall visit the job-site and inspect the project once per month to assist (with HUD forms, procedures and requirements), evaluate, observe, inspect and report on construction progress and actual conditions on the job-site, construction activity, contract compliance by the parties to the contracts, and construction inspection tasks described at paragraph 5.4, below.

The Contractor shall schedule the monthly inspections to coincide with the monthly submission of the HUD-92448. COVID-19 - The contractor may perform a recorded virtual inspection of the project and inspect the project once per month to assist (with HUD forms, procedures and requirements), evaluate, observe, inspect and report on construction progress and actual conditions on the job-site, construction activity, contract compliance by the parties to the contracts, and construction inspection tasks described at paragraph 5.4, below.