MH_DAPIA_PWS_20180116_OS_Removed_Amend_2.doc

Performance Work Statement (PWS)

MANUFACTURED HOUSING DESIGN APPROVAL PRIMARY INSPECTION AGENCY MONITORING AND INSPECTION

04/11/2019 Version 1.0 4Vision Statement

1 General Information

1.1 Introduction

1.2 Background

1.3 Constraints

1.4 Description of Services

1.5 Non-Personal Services

1.6 Period of Performance

1.7 Place of Performance

1.8 Hours of Operation

1.9 Special Qualifications

1.10 Post Award/Kickoff Conference

1.11 Status Meetings

1.12 Contractor Travel

1.13 Transition In

1.14 Transition Out

2 Definitions and Acronyms

2.1 Definitions

2.2 Acronyms

3 Government-Furnished Property and Services

3.1 Government Services

3.2 Facilities

3.3 Equipment

3.4 Materials

3.5 Quality Assurance (QA)

4 Contractor-Furnished Items and Services

4.1 Facilities

4.2 Equipment

4.3 Material

4.4 Contractor Responsibilities

4.5 Contractor Personnel

4.6 Identification of Contractor Employees

4.7 Quality Control

4.7.1 Quality Control Plan

5 Specific Tasks

5.1 SPECIFIC TASKS AND DELIVERABLES

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6 Deliverables

6.1 Quality Control Plan

6.2 Acceptance Criteria

7 Performance Requirements Summary 8 Related Documents

Performance Work Statement (PWS) MANUFACTURED HOUSING DESIGN APPROVAL PRIMARY INSPECTION AGENCY MONITORING AND INSPECTION Vision Statement The vision of the Design Approval Primary Inspection Agency (DAPIA) monitoring and inspection services is to provide verification that each HUD-approved DAPIA has adequately performed all the relevant functions and responsibilities each organization is responsible for per regulations.

1 General Information

The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act), implemented in June 1976, established the framework for HUD’s development and implementation of the federally preemptive manufactured housing construction program. The Act, as amended by the Manufactured Housing Improvement Act of 2000 sets forth authority for HUD to:

· develop and enforce federal manufactured housing construction and safety standards,

· establish a Manufactured Housing Consensus Committee to make recommendations on new or revised construction and safety standards through an administering organization,

· establish a dispute resolution program, administered through contracted assistance; and

· mandates implementation of an installation program administered by qualifying state agencies or by HUD.

HUD’s role has become increasingly important in assuring that the quality of the home is maintained and that consumer complaint handling by manufacturers service meet regulatory requirements. This role has also been broadened by trends to apply innovation to factory-built housing, employing more creative designs and utilizing new products. This serves to enhance HUD’s role and responsibilities and that of HUD’s contractors, agents, and regulatory partners as they are continuously called upon to respond to questions and concerns regarding designs and construction methods evaluated in accordance with the performance-based Standards.

1.1 Introduction

The Department, with assistance through monitoring and inspection services including collection and analysis of design review data, is responsible for performing various types of assessments and evaluations to determine performance of private and state agencies responsible for enforcement of program regulations and oversight of design and construction of manufactured housing. The Departments program includes parallel and concurrent monitoring of Production Inspection Primary Inspection Agencies (IPIAs), Design-Approval Primary Inspection Agencies (DAPIAs), and assessments of state agencies that perform State Administrative Agency (SAA) functions.

See 24 Code of Federal Regulations Part 3280 for the Manufactured Home Construction and Safety Standards and Part 3282, Manufactured Housing Procedural and Enforcement Regulations (the Regulations) for the regulations governing the program requirements and for details of each entity’s regulatory responsibilities

1.2 Background

Through the Department of Housing and Urban Developments (HUD’s) manufactured housing program, unsubsidized affordable housing is available for many families who might otherwise not be able to afford home ownership. Approximately eight (8) million manufactured homes have been built under HUD’s Manufactured Housing Construction and Safety Standards Program since 1976. About 50 companies produce manufactured housing in 129 plants (production lines) with current production of about 100,000 floors per federal fiscal year.

HUD administers the program, supported by agreements with SAAs and various contractors.

HUD also uses the services of an administering organization to support the Manufactured Housing Consensus Committee; a committee that provides recommendations to the Secretary of HUD to adopt and revise certain standards and regulations. In addition to SAAs and HUD’s contractors there are currently six (6) DAPIAs and fourteen (14) IPIAs, both public and private, approved by HUD to conduct design review and in-plant surveillance, respectively. Nine (9) of the fourteen (14) active HUD-approved agencies are units of State government and the remaining five (5) are private for-profit corporations.

All designs and design changes must be approved by a manufacturers DAPIA that also approves each plants quality assurance manual. The DAPIA is responsible to ensure that designs conform to the requirements of the Standards and incorporate acceptable engineering practices.

Each manufacturer must also obtain the services of an IPIA. The IPIA must determine that the plants under its purview are capable of producing homes in conformance with the Standards on a continual basis and issue a certification. After the certification, the IPIA is responsible to monitor the implementation and effectiveness of the manufacturers quality control program through surveillance and inspections of each home at some stage of production. If the IPIA is satisfied, it may issue the HUD-required certification labels that are attached to each section of each home upon completion. Combined, the IPIAs certify and provide ongoing surveillance at all active manufacturing plants.

Each SAA with manufacturers in state have responsibilities to approve and monitor manufacturer systems for compliance with 24 CFR Part 3283 Subpart I in addition to responsibilities for handling consumer complaints. Each SAA without manufacturers in state have responsibilities for handling consumer complaints (i.e. forwarding complaints to the manufacturer and to the SAA in the state of manufacturer, and or HUD if there is no SAA.

The contractor is responsible to audit IPIA performance and SAA performance with an outcome of each assessment resulting in a determination as to whether the IPIA and SAA is fulfilling all the regulatory responsibilities and is meeting HUD’s expectations.

1.3 Constraints

The services identified in this PWS will adhere to the rules, regulations, laws, standards, and conventions identified by HUD as well as within the Federal Government. Constraints include the following:

1.3.1 HUD generally implements the monitoring portion of its program through the following Statute and regulations:

· The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act), implemented in June 1976, and the 2000 amendments are located on HUD’s website: https://portal.hud.gov/hudportal/documents/huddoc?id=uscode2012ti.pdf.

· 24 CFR 3280, Manufactured Housing Construction and Safety Standards (the Standards), which is a nationally preemptive set of standards for the design and construction of these homes (commonly known in this industry as the HUD Code); and

· 24 CFR 3282, Manufactured Home Procedural and Enforcement Regulations (the Regulations), which generally govern the enforcement of the HUD Code.

1.3.2 For a list of IPIAs and SAAs, see HUD website at: https://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/mhs/mhsid.

1.3.3 Due to the nature of the requirement, the Contractor shall expect changes in the industry that may occur during the course of performance. These variables include but are not limited to:

· The number of plants and production totals of manufactured homes;

· The number of design packages and drawings approved;

· The type and numbers of post-design or post-production problems experienced in the field;

· The frequency and extent of natural disasters;

· Number of agencies requiring monitoring and inspection; and

· Special factory, retailer, transport, installation, or site inspection issue.

1.3.4 The completion of these task activities may require travel in the continental United States as well as Alaska, Hawaii, Mexico, Canada, or the US territories.

1.4 Description of Services

HUD is seeking a Contractor to perform inspections, assessments, and monitoring of the private and state agents of HUD responsible for the oversight of the design and quality assurance manuals for manufactured housing (DAPIA functions). The monitoring and inspection services shall include:

· Management and Administration

· Design Review Monitoring

· Ancillary Services including special investigations, regulatory specialist services, and other administrative and technical support

1.5 Non-Personal Services

Non Personal Services: The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. It the Contractor feels any action constitutes, or are perceived to constitute personal services, it shall be the Contractors responsibility to notify the Contracting Officer immediately. These services shall not be used to perform work of a policy, decision making or management nature, i.e. inherently Government functions. All decisions relative to programs supported by the Contactor shall be the sole responsibility of the Government.

1.6 Period of Performance

The Period of Performance shall be for one Base Period of 12 months and four 12-month Option Periods.

1.7 Place of Performance

All services shall be performed at the Contractors facility.

1.8 Hours of Operation

The Contractor is responsible for providing services between the hours of 8:00 am - 5:00 pm Monday thru Friday except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings. Weekly hours shall not exceed a forty (40) hour work week and a typical work day will be 8 hours each day Monday through Friday. The Government reserves the right to change hours of operation or restrict contractor access. Work outside of these daily hours is prohibited without Contracting Officer approval. Government agencies will not be available during scheduled holidays, inclement weather, weekends, and after duty hours.

The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within the contract when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.9 Special Qualifications

The Contractor is responsible for ensuring all employees conducting system analysis and compliance assurance possess and maintain current professional certification in accordance with ASTM E-541 during the execution of this contract. The monitoring party conducting DAPIA reviews at DAPIA headquarters visits must be led by a licensed professional engineer or registered architect.

1.10 Post Award/Kickoff Conference

The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Government intends to convene a Post Award Conference with the Contractor within ten business days after contract award. The Contracting Officer will notify the Contractor of the specific date, location, and agenda within five business days after contract award.

1.11 Status Meetings

The Contracting Officer, Contracting Officer Representative (COR) and other Government personnel, as appropriate may meet periodically with the Contractor to also review Contractor performance, requirement status, etc. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Post Award Conference and subsequent meetings may be held via teleconference.

1.12 Contractor Travel

The Contractor shall be required to perform periodic travel within the Continental United States (CONUS) and may be directed, on occasion, to travel to Canada or Mexico in the performance of this PWS. Prior to travel (each planned trip) the Contractor shall coordinate with and receive Government authorization from the COR for all travel. The Contractor shall be responsible for obtaining all passenger transportation, lodging and subsistence; the contractor employees shall possess passports, visas and medical clearances for designated areas. The Government will not reimburse the Contractor for these types of expenses. Reimbursement of CONUS travel will be in accordance with the Federal Travel Regulation, FAR 31.205-46. The Contractor shall travel using the lower cost mode transportation commensurate with the mission requirements. When necessary to use air travel, the Contractor shall use the tourist class, economy class or similar lodging accommodations to the extent they are available and commensurate with the mission requirements. HUD will not reimburse Contractors local travel. Local travel is defined as travel within 50 miles of Washington, DC.

1.13 Transition In

The Contractor shall, upon the COs written notice, furnish Transition-In services as required. As a successor, the Contractor shall have sufficient personnel on board, at no additional cost to the Government, during the sixty (60) day Transition-In period to ensure a smooth transition with the incumbent Contractor. The Contractor shall provide an orderly transition of

1.14 Transition Out

To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the Contractor shall have sufficient personnel on board, at no additional cost to the Government, during the sixty (60) day Transition-Out period. The incumbent Contractor shall 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 Transition period.

2 Definitions and Acronyms

2.1 Definitions

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.

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.

Contracting Officer Representative (COR) - 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.

Contracting Officer Technical Representative (COTR) - An employee of the U.S. Government, designated by the Contracting Officer to assist in providing technical direction and monitoring performance under the contract.

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

Deliverable - Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

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.

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.

Performance Standard - The Contractor's performance level required by the Government.

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.

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

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

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.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms

ASQ - American Society for Quality

AQL - Acceptable Quality Level

ARAMS - Automated Renewal and Amendment System

BAA - Business Area Analysis Study

CBT - Computer-Based Training

CCB - Change Control Board

CCMB - Configuration Change Management Board

CMMI - Capability Maturity Model Integration

CFO or OCFO - Office of the Chief Financial Officer of HUD

CFR - Code of Federal Regulations

CIO or OCIO - Office of the Chief Information Officer of HUD

CO - Contracting Officer

COR - Contracting Officer Representative

COTS - Commercial Off-the-Shelf

CPO - Office of the Chief Procurement Officer of HUD

CQA - Certified Quality Auditor

CQE - Certified Quality Engineer

DAPIA - Design Approval Primary Inspection Agency

DPR - DAPIA Performance Report

EST - Eastern Standard Time (U.S.)

ETC - Estimate to Completion

GAO - U.S. General Accounting Office

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)

IPIA - Production Inspection Primary Inspection Agency

IPR - IPIA Performance Report

IT - Information Technology

IV&V - Independent Validation and Verification

LOOCS - Line of Credit Control System

OCPO - Office of the Chief Procurement Officer

OIG - Office of Inspector General

OMB - Office of Management and Budget

PL - Public Law

PM - Project Manager

POC - Point of Contact

POCA - Plan of Corrective Action

PPM - Project Planning and Management

QA - Quality Assurance

QAM - Quality Assurance Manual

QASP - Quality Assurance Surveillance Plan

QCP - Quality Control Plan

SAA - State Administrative Agency

SCOR – Subordinate Contracting Officer Representative SMA - SAA Monitoring Assessment

SF - Standard Form

TBD - To be determined

U.S.C - United States Code

3 Government-Furnished Property and Services

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

3.1 Government Services

No government services will be provided.

3.2 Facilities

No government facilities will be provided.

3.3 Equipment

The Government will not provide equipment.

3.4 Materials

The Government will provide electronic access to HUD Standards, Regulations, and other information pertaining to oversight, monitoring and enforcement of manufactured home production and design. All materials will remain the property of the Government and will be returned to the COR upon request or at the end of the contract period.

3.5 Quality Assurance (QA)

The Government shall evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level.

4 Contractor-Furnished Items and Services

The Contractor shall furnish, all facilities, equipment, and supplies required to perform the work under this contract that are not listed under Government-Furnished Property and Services.

4.1 Facilities

The contractor shall furnish all facilities.

4.2 Equipment

The contractor shall furnish all equipment.

4.3 Material

The contractor shall furnish all materials.

4.4 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 surrendered to the COR.

4.5 Contractor Personnel

The Contractor shall provide a Contract/Project Manager who shall be responsible for the overall performance of work. An alternate shall also be designated to act in the absence of the Contract/Project Manager. The Contractor shall also provide Task Managers responsible for tasks, activities, and deliverables within each Primary Task.

These Contractor personnel (main point of contact, alternate point of contact, and Task Managers) are considered Key Personnel by the Government and shall be listed as such in accordance with HUDAR 2452.237-70, "Key Personnel. The Contract/Project Manager and alternate shall have full authority to act on all contact matters relating to daily operations of this contract.

Accordingly, at a minimum, the Key Personnel shall have the technical knowledge of the requirement and be in the position to actually receive assignment, guidance, and direction from the COR, COTR and CO per HUDAR 2452.237-73, "Conduct of Work and Technical Guidance" and shall be allocated enough hours to the requirement to ensure successful performance.

These points of 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/Project Manager or alternate and the Task Managers shall be available between the hours of 8:00am to 5:00pm Monday through Friday EST, except Federal Holidays or when the Government facility is closed for administrative reasons.

4.6 Identification of Contractor Employees

All Contractor/subcontractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, 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 at a minimum, "Contractor" after name.

4.7 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 non reoccurrence of defective services. The Contractor's quality control program is the means by which he assures himself that his work complies with the requirements of the contract. The Contractor shall provide the associated Quality Control Plan to the Government as directed.

4.7.1 Quality Control Plan

The Contractor shall develop, maintain, enforce, and document a Quality Control Plan (QCP). The QCP shall 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 or deliverables to be provided under the contract are 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.

5 Specific Tasks

5.1. Management and Administration

5.1.1. Provide Final Transition Plan

The contractor shall provide a Transition Plan. The plan will assist the Department, at the end of the contract, in assuming or overseeing the transfer of all files and electronic and hardcopy material maintained by the Contractor. Note a draft Plan shall be submitted with the offerors proposal. At a minimum, the proposed schedule and key steps of the draft transition plan shall include, but are not limited to:

· Meeting with current Contractor, new Contractor, and HUD staff to discuss background, history, project status, operational rules;

· Transition of appropriate paper records, files, data and related hard copy data;

· Transition of appropriate electronic file and data;

· Meeting with current Contractor, New Contractor, and HUD staff to finalize transition, and close out any other outstanding items.

Within six weeks of contract award, the Contractor shall provide HUD with a second draft transition plan outlining the specific transition steps to be taken, the materials to be transferred, and the schedule for transfer. After completion of HUD’s review of the draft plan, the Contractor shall forward a final plan to HUD within 10 business days of receiving HUD comments.

Deliverables A001 Transition Plan

5.1.2 Annual Management Work Plan

The contractor is responsible to obtain HUD’s approval of an annual management and work plan that addresses each of the required activities of this scope of work. The plan shall address all activities and shall contain timelines, deliverable due dates, and human or other resources necessary to deliver. The Contractor shall ensure that its plan addresses resources necessary to deliver data and reports that are easy to follow and well organized. The Contractors capacity shall include design, editing, and graphics support. The plans shall specify proposed manufacturer design and quality assurance packages to be reviewed as well as the specifics of what the contractor proposes to review. Generally, the specifics proposed are chosen from a complete list of Design Attributes for all design areas.

Staff and equipment utilized under the contract may be located to suit the Contractors business needs, but all of the Contractors staff, including central organization staff, must have access to the Contractors computer system used to maintain the program data. Computer workstations for Contractor staff shall be functional within 15 business days from contract award.

A draft plan shall be submitted within 10 days of contract award. After completion of HUD’s review of the draft plan, the Contractor shall forward a final plan to HUD within 10 business days of receiving HUD comments. A draft plan for each option period shall be submitted 30 days prior to the expiration of each option period, except for the last option period.

Note that the annual plans shall be treated as living documents that may need to be updated and resubmitted for HUD’s approval, as needed throughout a contract year (maximum quarterly).

Performance Standards

a) Standard: Submit Management Work Plan within 10 days of contract award and 30 days prior to the expiration of each option period, except for the last option period.

AQL: No deviations

A002 Management Work Plan

5.1.3 Operating Procedures

Prior to beginning the performance evaluation of DAPIAs, the Contractor shall implement monitoring procedures approved by HUD. The Contractors procedures, at a minimum, shall address procedures proposed to assess DAPIA performance evaluations through:

· Review of plan of corrective action and items noted as needing improvement in the previous DAPIA Performance Review,

· Review of the design and quality assurance manuals of selected design packages by Contractor and HUD personnel,

· DAPIA action and proactive achievement on new issues,

· Communication of design review findings to the DAPIA, HUD, and manufacturers,

· Headquarters and branch office visits to the DAPIA; and,

· Forwarding of the DPR report to COR/SCOR,

· Performance Assessment Follow Up,

· Execution of Ancillary Services,

· Any proposed forms and data collection instruments, and

· Draft mechanism for monthly reporting

The Contractor shall also implement a comprehensive checklist of design review and quality assurance elements, also known as Design Attributes, that can be evaluated to ensure compliance with the Manufactured Home Construction and Safety Standards (24 CFR 3280) and Procedural and Enforcement Regulations (24 CFR 3282). The Contractor shall verify conformance with the standards and regulations through review of Design Attribute areas including:

· quality assurance manual

· floor plans

· structural

· mechanical

· plumbing

· electrical

· heating

· thermal protection

· installation drawings

· specifications

· engineering calculations

· test reports, and

· other related information

The contractor shall also provide to the Department information necessary to fulfill any new requirements for data collection, along with the form or information collection instrument to meet those requirements. These are subject to HUD approval, and may be subject to approval from the Office of Management and Budget (OMB).

The draft operating procedures must be submitted within 20 days of contract award. After completion of HUD’s review of the draft procedures, the Contractor shall forward final procedures to HUD within 20 business days of receiving HUD comments.

The contractor shall review and update the procedures and checklists at least annually. The Contractor shall also provide an opportunity for the DAPIAs to review and comment on any major revisions to the procedures and organize necessary teleconferences or meetings. All comments received are to be evaluated by the Contractor and necessary modifications shall be recommended to HUD. Copies of the HUD-approved procedures and guidelines are to be provided to the DAPIAs, upon request. The contractor shall resubmit with updates or revisions within 10 days of the start of any option period.

Performance Standards

a) Standard: Submit draft procedures within 20 days of award AQL: Zero Deviations

A003 Operating Procedures

5.1.4 Attend Contract Meetings

The Contractor shall be readily accessible to the CO, COR, SCOR and other appropriate HUD personnel for scheduled monthly meetings (TBD) at HUD Headquarters in Washington, D.C., and also for any impromptu meetings that shall arise to brief the Department on contract activities, progress, and special issues. Some meetings may require in-person attendance within 24 hours of a request. Consequently, phone, email communications, and video conferencing for some meetings will not be acceptable.

The purpose of these meetings is to encourage clear and concise communications between HUD and the Contractor in making swift decisions and taking timely actions. Certain decisions regarding safety or legal issues raised by stakeholders often must be made on short notice. (Examples of stakeholders include manufacturers, suppliers, retailers, installers, Primary Inspection Agencies, State Administrative Agencies, representatives of the Manufactured Home Consensus Committee, Federal and State Governmental entities, consumers, and members of the public.) Some issues may require joint review of designs, plans, audit information, or similar data.

Deliverables

A004 Monthly Contract Status Meetings

5.1.5 Provide Monthly Activity Report and Ad Hoc Reporting

Monthly, the Contractor shall provide a report on current data collected for all tasks in this PWS. Th report is to be provided in written and electronic formats. The Department anticipates one report per month, reviewed during a monthly status meeting.

Deliverables

A005 Monthly Activity Report

5.1.6 Provide Data Management and Written Security Plan

The Contractor shall provide HUD staff with electronic access to any data prepared, collected and maintained by the Contractor. The Contractor shall safeguard all data in relation to the requirements of this PWS. As result, work to be performed under this contract shall be segregated from all other work performed by the organization. Further, the Contractor shall take proactive steps through a Nondisclosure and Confidentially agreement to separate work functions so as to not create conflicts of interests.

The Contractor shall provide a written description of its security plan within 10 business days of contract award and shall be consistent with the proposal submitted in response to this PWS. The Contractors computer system shall address data and system security, network security, application security, data security, quality control of data, reliability, server function and capacity, storage capabilities, back-up and recovery, off-site back-up requirements, electronic file transfer with other parties, and the ability for HUD staff to view data and report information remotely. Workstations requirements may vary by specific use. Support for off-site contract staff is also required including laptop computers and digital cameras suitable for inspection documentation and report preparation during field inspections.

Deliverables A006 Data Management and Security Plan

5.1.7 Provide for State Participation on DAPIA Monitoring Teams

States may participate in the Monitoring Program in accordance with 24 CFR 3282.308. The Contractor shall canvas SAA states to determine interest and capacity to provide personnel for participating in joint monitoring activities related to DAPIA monitoring services. The Contractor can generally expect participation of up to 6 SAAs. For those SAAs expressing interest and having capacity, the contractor shall secure agreements for the respective SAAs participation. Thereafter, SAAs may participate in the monitoring program and the Contractor shall pay states for the participation in accordance with the agreements. These agreements are to be provided to HUD annually and include the following:

· an agreement with respect to the number of person-hours to be provided by the State for participation in DAPIA monitoring teams organized by the Contractor. The agreement may call for as many qualified personnel as a State can provided. The Contractor shall determine annually whether any state personnel are qualified and shall only accept those that it determines to be qualified, in accordance with established criteria for selecting and evaluating design review personnel.

· a provision that upon termination of the contract between the Contractor and HUD, the Contractors rights under the agreement with the SAAs shall be assigned to HUD. To the extent possible, state personnel should participate in monitoring activities related to manufacturers that export manufactured homes to their States.

5.2 Design Review Monitoring

5.2.1 Design Reviews

In compiling data for each DAPIAs performance review, the Contractor shall review DAPIA-approved designs to determine conformance with the Standards, referenced standards, regulations, and acceptable engineering practice. The designs and design packages selected for each review shall be chosen to yield an appropriate representation of industry share and quantity of approved submissions from each DAPIA. These reviews are generally comprised of the following types of design reviews:

· Standard Design Package and Quality Assurance Manual Reviews. The contractor shall review selected design packages and Design Attributes to amount to a review of at least 10 percent of the design approvals (including Quality Assurance Manuals) maintained by each DAPIA annually.

· New Package Reviews. The contractor shall also complete a review of all design packages new to a DAPIA for inclusion in the DAPIAs performance evaluation. These are termed new design package reviews and may consist of entirely new manufacturer design packages or design packages that have switched DAPIAs within a review period.

· Routine Representative Reviews. The Contractor shall also perform Routine Representative Reviews (RRR) on each DAPIAs approvals. The quantity of RRR reviews shall yield a statistically valid sample of industry share, and comprise at least 10% of design approvals issued each year by each DAPIA. Generally, RRRs consist of a review of all new or revised designs submitted by a DAPIAs for the respective manufacturer during a pre-determined time period When practicable, the design packages selected for RRRs shall be from manufacturers different than those selected for standard design reviews.

· Quality Assurance Manual Reviews. The Contractor shall review a sample (at least 10%) of quality assurance manual approvals to ensure that the manuals meet regulatory requirements and acceptable engineering practices.

· Installation Manual Reviews. The Contractor shall review a sample (at least 10%) of manufactured home installation manual approvals to ensure that the installation instructions, if followed, will not take the home out of compliance with the approved design or HUD’s Manufactured Home Construction and Safety Standards, 24 CFR 3280.

· On-Site Construction Approval Reviews. The Contractor shall review a sample (at least 10%) of On-Site Construction approvals and designs maintained by each DAPIA. The contractor shall ensure compliance with requirements contained in 24 CFR 3282 Subpart M.

· In-Plant Audit Design Reviews. From time to time, HUD monitoring audits (completed by another contractor) during the production of homes may identify potential design errors or designs with non-conformances. These issues will be referred to the contractor and shall be reviewed by the Contractor to determine conformance with the Standards and acceptable engineering practice.

Any design review yielding one or more non-conformances or design issues shall result in a preliminary report containing one or more Design Error Records. The preliminary Design Error Records are to be submitted to HUD for review and acceptance. After HUD’s review of the preliminary Design Error Records, the Contractor will be either notified that the records are acceptable or may be asked to address any feedback or comments provided by HUD before submitting final records. The contractor shall resubmit with updates or revisions within 5 days of receiving feedback or comments.

A017 Preliminary Design Error Records

5.2.2 Resolution of Design Error Records

Upon acceptance of final Design Error Records by HUD, the Design Error Records shall be transmitted to the respective DAPIA for resolution. The Design Error Record shall document the initiating design review issue and all subsequent DAPIA responses and Contractor replies to obtain resolution. The Contractor shall encourage the DAPIA to supply any additional information and justification in support of the designs in question. Responses from the DAPIA shall be evaluated and, to the extent possible, issues shall be resolved. Since there may be several communications between the Contractor and the DAPIA before some items are resolved, the Contractors final report to HUD should contain a chronological sequence of the communications for each possible deficiency.

The number of Design Error Records can vary significantly dependent on the technical competence of the manufacturer and performance of the DAPIA. The Design Error Records to be included in the annual performance assessment must be transmitted to the DAPIA for resolution no later than 30 days prior to the date of the scheduled headquarters audit. This timeline is to provide adequate time for the DAPIA to review the Design Error Records and provide ample opportunity to resolve all Design Error Records.

The Contractor shall ensure that each Design Error Record:

· Identifies all non-conformances with the Standards or Regulations, or acceptable engineering practice;

· Identifies any areas for which drawings, calculations, tests, or other documented substantiation could not be located in the DAPIA approval;

· Is backed with independently-developed evidence such as calculations or test results to verify nonconformance of any suspect designs, as applicable;

· Identifies if substantiating calculations or test reports adhere to acceptable engineering practice and are properly cross-referenced to the designs;

· Recommends potential corrective action(s); and,

· Provides a complete report, to HUD, of the Contractors findings including any corrective action(s) required.

If the DAPIA does not respond in a timely manner, the Contractor shall follow up with a letter and/or phone call to expedite resolution. The Contractors review of the DAPIAs response may result in one of the following conclusions:

· Acceptable The DAPIAs corrective action is acceptable for the respective drawing, test, specifications, or calculations.

· Concur The Contractor concurs with the DAPIAs disagreement of its findings and agrees to remove the issue from its monitoring evaluation.

· Unresolved One of the following is true: the DAPIAs corrective action is not acceptable, the DAPIAs response is not complete, or unsubstantiated, or the DAPIA has agreed to send additional information.

· Delete The DAPIA corrected the nonconformance before the Contractor transmitted a design error record, or the Contractor does not concur with the DAPIAs position but consents to delete the possible deficiency.

· Dispute The Contractor does not agree with the DAPIAs position and HUD’s determination is required in order to proceed with resolving the technical issue. When the DAPIA and Contractor cannot resolve the technical issue, the issue is to be sent to HUD as a "Dispute and HUD shall make a final determination (See Handling Disputes Task).

All contractor responses must be sent to HUD for approval prior to transmitting the response to the respective DAPIA. The Contractor will be either notified that the records containing responses are acceptable or may be asked to address any feedback or comments provided by HUD before submitting a final report. Once the report is approved by HUD, HUD at its option, may direct the Contractor to distribute the report to all agencies or parties affected by the report.

The Contractor is responsible to attempt to resolve each design error record contained in the preliminary report within 15 business days of issuance to the DAPIA.

A007 Final Design Error Records

5.2.3 Handling Disputes

When the DAPIA and Contractor cannot resolve the technical issue related to a Design Error Record, the issue is to be sent to HUD as a "Dispute. HUD will make a final determination, which both parties accept. The contractor shall provide a request for dispute determination from HUD. The Contractor shall provide the dispute request to HUD with full documentation of the issue and position statements from all parties involved.

Dispute reports shall be submitted to HUD within five business days of a request for dispute by the DAPIA and after obtaining all support documentation for the disputed issue and a position statement from the DAPIA. The intent of the dispute report shall be to provide all parties an opportunity to present their views. The dispute report also provides HUD with information and comments about disputes between DAPIAs and the Contractor so that HUD can make an informed determination.

In addition to individual dispute records, the Contractor shall maintain a log of all disputes that have been referred to HUD. This log is to be provided monthly, and is expected to allow HUD to easily identify the nature of an issue, the status of an issue (i.e., open or closed), the primary parties involved, and the final outcome of the issue. The log shall be transmitted to HUD monthly, and may be an attachment to the monthly report.

A008 Dispute Handling Log

5.2.4 DAPIA Performance Assessment and Written Performance Reports

The Contractor shall evaluate the performance of each DAPIA annually based on the requirements outlined in the relevant sections of the regulations (e.g. 3282.203 and 3282.361) and in accordance with HUD-approved procedures. Each year, the Contractor shall perform a minimum of one DAPIA Performance Review (DPR) for each of the HUD-approved DAPIAs. The Contractor shall possess the ability to identify poor performance by a DAPIA and, with HUD’s approval, appropriately increase monitoring of the agency, as needed. Up to two (2) DAPIAs may require a mid-year review and evaluation report each option period due to repetitive failures to maintain acceptable performance determinations.

The Contractor shall review all data, including the DAPIAs response to the Contractors Design Error Records to identify performance trends including but not limited to specific areas of strength and weakness, organizational competence, procedural adequacy and implementation, compliance with On-Site Construction approval regulations, and repeated approval of the nonconforming designs. The Contractor shall also review each DAPIAs operational procedures and any tools the DAPIA has developed to fulfill its regulatory responsibilities.

The contractor shall implement its DAPIA monitoring procedures and execute reviews integrating various activities to be completed before a visit to the DAPIAs headquarters, activities to be completed during the visit at the DAPIAs headquarters, and certain activities to be completed after the headquarters visit. At a minimum, the following data should be used in assessing DAPIA performance:

· Findings from the review of DAPIA-approved design and quality assurance packages in accordance with the applicable sections of the Standards and Regulations;

· DAPIA compliance with the applicable conflict of interest provisions in the Regulations;

· Evaluations of the DAPIAs administrative procedures, including On Site Construction approval monitoring, and application of those procedures to perform its responsibilities adequately in accordance with the applicable section of the Regulations; and

· Evaluation of the thoroughness and effectiveness of corrective actions taken by the DAPIA to comply with its Plan of Corrective Action (POCA) from the previous review cycle.

The Contractor shall visit each DAPIA headquarters at least once annually to assist in evaluating the DAPIAs performance. Conference call headquarters audits may be conducted with HUD’s approval of the monitoring plan. During the visits, detailed reviews of DAPIA operations shall be made.