HOUSING AUTHORITY OF THE CITY OF VINELAND

INVITATION FOR BIDS

As Needed Painting Services

IFB # 26-02

DUE: WEDNESDAY, AUGUST 12, 2026, 10:30 A.M. PREVAILING TIME

TABLE OF CONTENTS

REQUEST FOR PROPOSAL 1

INSTRUCTIONS TO PROPOSERS 2

SCOPE OF SERVICES 3

TERMS AND CONDITIONS 4

PROPOSAL FORMS 5

SECTION 1

Invitation for Bid

Invitation for Bid As Needed Painting Services

The Vineland Housing Authority (“VHA” or the “Authority”) is requesting bids for As Needed Painting Services.

The Housing Authority of the City of Vineland’s (VHA) mission is:

“The mission of the Vineland Housing Authority is to promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. The VHA shall service the housing and social needs of lower income, elderly, disabled and family households living and working in the operating jurisdiction of the VHA.”

Proposal documents may be obtained through the Housing Agency Marketplace eProcurement website at ha.internationaleprocurement.com (no www.)

This contract shall be awarded through a fair and open process, pursuant to N.J.S.A. 19:44A-20.4.

All bidders are required to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C.

17:27, and submit with their bid all required affirmative action documentation.

The Authority reserves the right to reject all bids or waive any informality in the proposal(s).

All bids must be submitted through the Housing Agency Marketplace eProcurement website and shall be based upon and in conformity with the specifications attached.

Due: Wednesday, August 12, 2026 at 10:30 A.M. Prevailing Time

Instructions Submitting Bids

An acceptable bids shall consist of all required bid documents as identified within the Invitation for Bid specifications. Bids, including all required forms, certifications, and fee proposal information, shall be submitted electronically through the Housing Agency Marketplace eProcurement website prior to the submission deadline.

The bidder shall be responsible for ensuring that all required documents have been properly uploaded and submitted through the portal prior to the deadline.

All questions regarding this Invitation for Bid shall be submitted through the Housing Agency Marketplace eProcurement website no later than:

Tuesday, August 4. 2026, 2:30 P.M. Prevailing Time.

SECTION 2

INSTRUCTIONS TO

BIDDERS

I. IFB Contents

A. All bids shall be submitted electronically through the Housing Agency Marketplace eProcurement system using the forms and documents provided in this solicitation. All required forms shall be completed and signed by an authorized representative of the bidding firm.

B. A complete bid package shall consist of all documents identified in the bid checklist and any additional documents required by the specifications.

C. Bids shall conform to the specifications set forth in this Invitation for Bids (IFB). Any exceptions, deviations, alternates, or additional proposals submitted by the bidder must be clearly identified. The Housing Authority of the City of Vineland (VHA) reserves the right to accept or reject any such exceptions, deviations, alternates, or additional proposals.

D. Failure to submit a complete bid package or failure to comply with the requirements of this solicitation may result in rejection of the bid as non-responsive.

II. Opening of Bids

A. All bids received through the Housing Agency Marketplace eProcurement system prior to the submission deadline shall remain secure and inaccessible until the official bid opening.

B. Bids shall be publicly opened at the date and time specified in the solicitation. Late submissions will not be accepted.

III. Interpretations and Addenda

A. No oral interpretation, explanation, or representation regarding this solicitation shall be binding on the VHA. Bidders relying on oral statements do so at their own risk.

B. Any request for interpretation or clarification of the specifications must be submitted in writing to the person identified in the solicitation no later than the stated deadline for questions.

C. Questions received after the deadline for submission of questions may not be considered.

D. Any interpretation, correction, or change to this solicitation shall be made only by written addendum issued through the Housing Agency Marketplace eProcurement system. All addenda shall become part of the solicitation documents and shall be binding on all bidders.

E. It shall be the sole responsibility of each bidder to monitor the eProcurement system for addenda or other solicitation updates.

IV. Audit and Inspection of Records

A. The successful bidder agrees to permit the VHA, U.S. Department of Housing and Urban

Development (HUD), and any other authorized governmental agency to inspect, examine, and audit records, documents, books, and accounts related to the performance of services under this contract, as permitted by applicable law.

V. Time for Review and Award

A. The bidder agrees that the VHA shall have up to sixty (60) calendar days from the date of bid opening to review bids, determine responsiveness and responsibility, and issue a Notice of

Award.

B. This review period may be extended:

1. By mutual written agreement of the parties; or

2. Automatically if required approvals, including HUD approval where applicable, have not yet been obtained.

VI. Rejection of Bids

A. The VHA reserves the right to reject any or all bids, waive minor informalities or irregularities, and accept the bid deemed to be in the best interest of the Authority, consistent with applicable law.

B. The VHA reserves the right to award by item, by group of items, in whole, in part, or to multiple bidders, subject to available funding and as determined to be in the best interest of the

Authority.

INSTRUCTIONS TO BIDDERS

C. The VHA reserves the right to limit any Notice to Proceed to specific work assignments, tasks, or portions of the contract.

VII. Withdrawal of Bids

A. A bidder may withdraw its bid at any time prior to the submission deadline through the

Housing Agency Marketplace eProcurement system or by written notice to the VHA.

B. After the submission deadline, bids may not be withdrawn except as permitted under applicable federal, state, and local law.

C. Negligence on the part of the bidder in preparing a bid shall not confer any right to withdraw or modify the bid after the submission deadline.

VIII. Mathematical Errors

A. In the event of a discrepancy between a unit price and an extended total price, the unit price shall govern.

B. In the event of a discrepancy between written words and numerical figures, the written words shall govern.

IX. Confidential and Proprietary Information

A. Trade secrets or proprietary information submitted by bidders may be protected from disclosure to the extent permitted under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq.

B. Any bidder claiming confidentiality for submitted materials must clearly identify and mark each page or section claimed to be confidential and provide the legal basis for such claim.

C. The VHA shall make the final determination regarding disclosure in accordance with applicable law.

X. Ineligible Contractors

A. The VHA is prohibited from awarding contracts to firms or individuals that are debarred, suspended, declared ineligible, or otherwise excluded from participation in federal, state, or local public contracting.

B. In determining bidder responsibility, the VHA may consider, among other factors, whether the bidder has been suspended, disqualified, debarred, declared in default, or otherwise found non-responsible by any governmental entity.

C. The VHA may also consider prior contract performance, claims history, compliance with applicable laws, financial capacity, and overall responsibility in determining bidder eligibility for award.

SECTION 3

SCOPE OF SERVICES

INVITATION FOR BIDS

AS NEEDED PAINTING SERVICES

The Housing Authority of the City of Vineland (“VHA” or “Authority”) seeks bids from qualified contractors to provide as-needed painting services for Authority-owned and managed properties, including vacant and occupied residential units, common areas, hallways, stairwells, offices, maintenance facilities, scattered-site homes, and other residential and non-residential spaces.

Services may also be performed for affiliated or managed entities as authorized by the Authority.

All work shall be performed only upon written authorization issued by VHA, which will define the scope, location, and required services.

General Requirements

Work shall not proceed without a VHA purchase order or written directive. Upon issuance, the contractor shall complete work within three (3) calendar days unless otherwise specified by the

Authority. Any work outside the original authorization requires prior written approval. The Authority retains final determination of scope and necessity.

All work shall be performed in accordance with industry standards, producing smooth, uniform finishes free of defects such as runs, drips, streaks, roller marks, or other imperfections.

Paint application shall be performed using brush and/or roller methods. Spray application is permitted only with prior written approval from VHA, and the contractor is responsible for all related equipment and masking.

The contractor shall prepare all surfaces as required for proper adhesion, including cleaning, scraping, sanding, patching, and sealing. All non-painted surfaces, including flooring, fixtures, appliances, windows, smoke detectors, sprinkler heads, and personal property, shall be properly protected.

Preparation work, including masking, covering, and taping, shall be included in the unit price. Work areas shall be maintained in a safe, clean, and orderly condition throughout performance.

Scope of Work

The contractor shall provide complete as-needed interior painting services for Authority-owned and managed residential and non-residential properties, including but not limited to vacant turnover units, occupied units, common areas, hallways, stairwells, offices, maintenance facilities, and scattered-site homes.

Services may include full repainting, touch-up painting, maintenance painting, and cycle painting as directed by VHA. Unless otherwise specified in the purchase order, painting work may include walls, ceilings, doors, trim, baseboards, and other designated surfaces identified by the Authority or reflected in the pricing schedule.

VHA shall furnish paint, primer, and sealer unless otherwise specified. The contractor shall provide all labor, supervision, tools, equipment, supplies, and incidental materials necessary to complete the work, including but not limited to brushes, rollers, trays, drop cloths, tape, masking materials, ladders, and protective coverings.

The contractor shall perform all necessary preparation to achieve proper adhesion and a professional finish, including cleaning, scraping, sanding, patching, caulking, minor surface repairs, and sealing as required. All surfaces shall be prepared and painted to produce smooth, uniform finishes free of runs, drips, streaking, overspray, roller marks, or other visible defects.

Upon completion of each assignment, the contractor shall remove all waste, debris, unused materials, and equipment generated by its work and leave the work area clean and ready for occupancy or use.

Disposal of contractor-generated waste in Authority dumpsters is prohibited unless specifically authorized by VHA.

Properties Included in the Scope of Work

The contractor shall provide painting services across the following Authority properties located in

Vineland, New Jersey:

• Tarkiln Acres

• Asselta Acres

• D’Orazio Terrace

• Parkview Apartments

• Kidston Tower

• Olivio Tower

• Scattered-Site

• Melrose Court Homes

• Administrative / Support Facilities

Property inventory, unit counts, unit configurations, and available floor area information provided in

Exhibit A – Property Inventory and Unit Configuration Information are for reference purposes only and may be subject to change during the contract term. The information is intended to assist bidders in understanding the Authority’s properties and anticipated service requirements; however, actual quantities, locations, unit conditions, and service requirements may vary based on operational needs.

The Authority does not guarantee a minimum volume of work, number of units, square footage, or service requests under this contract. Bidders shall base their pricing on the requirements, specifications, and scope of work contained within this IFB.

Pricing

Pricing for painting services shall be based on flat-rate pricing by unit size/type, as indicated in the pricing schedule available through the procurement portal.

Pricing shall include all labor, non-Authority-furnished materials, preparation, application, and cleanup required to deliver a complete, finished painting service.

Work outside the standard scope shall require prior written authorization and may be priced separately if approved by the Authority.

Work Standards

1. Work shall be performed in a safe, professional, and workmanlike manner consistent with industry standards.

2. Finished surfaces shall be uniform and free of visible defects.

3. All surfaces, fixtures, furnishings, appliances, and personal property not being painted shall be protected.

4. All work areas shall remain clean and orderly during performance.

5. All debris, waste, and materials shall be removed upon completion unless otherwise directed by VHA.

6. Spray application, when approved, shall include full masking and protection of surrounding areas.

VHA Site Escort Requirement

An authorized representative of the Vineland Housing Authority (“VHA”) shall remain on-site and in direct proximity to the contractor for the duration of all work performed under this contract. This requirement applies to all work locations and conditions, including occupied units, vacant units, common areas, and all other Authority-owned or managed properties.

The contractor shall not perform work outside the presence of the authorized VHA escort unless expressly authorized in writing by the Authority.

The escort requirement is intended to ensure security, access control, resident coordination, and verification of work scope and completion. The contractor shall fully cooperate with VHA personnel at all times while on-site.

Occupied Units

When working in occupied units, the contractor shall exercise reasonable care to minimize disruption to residents and protect all personal property within the work area.

The contractor shall be responsible for moving and repositioning furniture as necessary to complete the assigned work. Residents may be instructed by VHA to remove personal items, valuables, decorations, and wall hangings prior to scheduled service.

VHA may inspect occupied units prior to scheduled work to confirm resident readiness. The Authority shall not be responsible for additional labor costs, delays, or inefficiencies resulting from resident non-compliance, failure to prepare the unit, or obstruction of the work area.

Floors, fixtures, appliances, furnishings, and personal belongings not intended for painting shall be fully protected from paint, dust, and debris. Plumbing fixtures, including sinks, tubs, and toilets, shall not be used to clean brushes, rollers, trays, or other painting equipment.

Upon completion, occupied units shall be left clean, orderly, and free of dust, debris, and paint residue.

Labor and Wage Requirements

The contractor shall comply with all applicable federal, state, and local wage and labor laws, including applicable HUD maintenance wage requirements and Davis-Bacon prevailing wage requirements, as determined by the nature of the work, funding source, and project classification.

Applicable wage determinations, HUD Federal Labor Standards Provisions, and all required HUD labor compliance forms included in this solicitation are incorporated herein by reference and shall form part of the resulting contract.

In accordance with Section 10.10 of the HUD Procurement Handbook 7460.8 REV 2, certified payroll submissions are not required for this contract; however, the contractor shall maintain complete payroll and related labor records and make such records available to the Vineland Housing Authority (“VHA”), the U.S. Department of Housing and Urban Development (“HUD”), or other authorized agencies upon request.

Failure to maintain or produce required payroll or labor records shall be the sole responsibility of the contractor and may result in penalties, back wages, contract remedies, or other enforcement actions as permitted under applicable law and federal regulations.

Contract Term

The contract shall be for one (1) year from execution.

The Authority may, at its sole discretion and subject to funding and performance, renew the contract for up to two (2) additional one (1) year terms under the same pricing and conditions.

Total contract duration shall not exceed three (3) years.

The Authority may decline renewal with written notice prior to expiration of the current term.

Contractor Criteria / Qualifications

Bidders shall demonstrate at least five (5) years of relevant painting experience and provide references showing satisfactory performance on comparable projects.

Safety and Property Protection

The contractor shall comply with OSHA requirements and maintain safe working conditions at all times.

All personnel shall use appropriate PPE as required for the work performed.

The contractor is responsible for all damage caused by its employees, subcontractors, or equipment and shall repair or replace such damage at no cost to the Authority.

The contractor must notify Jahmeelah Winfrey at 856-691-4099 ext. 5303 within twenty-four (24) hours of any damage occurring during the performance of work.

PAYMENT TERMS

1. To receive payment for services performed pursuant to this contract, the contractor shall submit a complete invoice to the Vineland Housing Authority (VHA) Accounts Payable at ap@vha.org for work that has been previously performed, approved and accepted by the

Authority.

2. Payment shall be made upon satisfactory completion of the assigned work and acceptance by the VHA. Unless otherwise authorized by the VHA, there shall be one (1) payment issued per completed service assignment.

3. At a minimum, each invoice shall include the following information:

a. Invoice number

b. Contractor name, address, and telephone number

c. Date(s) services were performed

d. Invoice date and/or billing period

e. Unit(s) or location(s) serviced

f. Purchase order number

g. Description and site location of services performed

h. Itemized labor and material costs, if applicable

i. Total amount due

The VHA reserves the right to reject incomplete or inaccurate invoices until all required information is provided.

Questions:

All questions regarding this solicitation shall be submitted in writing either through the Housing Agency

Marketplace eProcurement website or by email to the Purchasing Clerk, Jahmeelah Winfrey, at jwinfrey@vha.org.

Questions must be received no later than 2:30 p.m. on Tuesday, August 4, 2026.

Procurement Method

This contract shall be awarded through a public bidding process in accordance with the New Jersey

Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and applicable rules and regulations. The award shall be made to the lowest responsive and responsible bidder meeting all specifications.

The Housing Authority of the City of Vineland reserves the right, at its sole discretion, to award contracts by item, in whole or in part, or to multiple bidders, whichever is in the best interest of the

Authority.

mailto:ap@vha.org

The procurement shall also comply with applicable U.S. Department of Housing and Urban

Development (HUD) requirements and all applicable Vineland Housing Authority procurement policies governing public contracts.

Instructions for Delivery of Proposal

All bids must be submitted electronically through the Housing Agency Marketplace eProcurement website at ha.internationaleprocurement.com — do not include “www”.

Registration on the Housing Agency Marketplace is free of charge.

To access and submit bids, vendors must follow the steps below:

1. Access ha.internationaleprocurement.com (no “www”).

2. Follow the listed directions.

3. If you have any problems accessing or registering on the eProcurement Marketplace, please call customer support at (866) 526-9266.

All submissions shall be completed using blue ink where applicable.

Hard copy submissions will not be accepted.

Bids for “AS NEEDED PAINTING SERVICES” must be received no later than 10:30 A.M.

prevailing time on Wednesday, August 12, 2026.

Late submissions will not be accepted.

SECTION 4

TERMS AND CONDITIONS

Vineland Housing Authority

General Conditions

The Vineland Housing Authority (hereinafter referred to as VHA).

1. Organization

a. Contractor must be organized under the laws of the State of New Jersey or licensed to do business in the state. The VHA may request a copy of documents evidencing such organization or license prior to the execution of a contract.

b. NJ Business Registration Certificate

i. Effective September 1, 2004, P.L. 2004, C. 57 expands the State Contractor

Business Registration Program to contracting units as defined in the Local

Public Contracts Law. This means that all firms (and their subcontractors) competing for VHA Contracts must provide a copy of their valid Business

Registration Certificate PRIOR to entering into a contract with the VHA. The failure to provide a copy of the Business Registration Certificate PRIOR to award will result in removal of your proposal from consideration. Questions regarding this law shall be directed to the New Jersey Department of Taxation.

2. Cancellation by Contractor

a. Contractor must give a ninety-day (90-day) written notice prior to cancellation of the contract.

3. Board Approval

a. Any contract is subject to cancellation and rejection by the members of the Vineland

Housing Authority Board of Commissioners without liability. Therefore, at their next regularly scheduled, properly convened meeting following the date hereof, notwithstanding any contrary statements or representations of any member, officer, or employee of the Vineland Housing Authority, the Board of Commissioners has the power or authority to waive or limit the effect of this paragraph nor the control of the members of the Vineland Housing Authority over the approval of any contract. In the event that the members of the VHA Board of Commissioners cancel or reject this contract at their aforesaid meeting, this contract shall be null and void and of no effect as to the Vineland Housing Authority; and there shall be no liability on the part of the

Vineland Housing Authority hereunder.

4. Changes

a. No changes, additions, or deletions shall be made to the contract without prior written consent of the VHA. All amendments must be signed by both parties.

b. Any changes in the Scope of Services agreed to by the parties shall not invalidate the contract, nor shall it release the contractor from any guaranty given by him pursuant to the contract, or release the contractor from any other obligations of the contract. All such work shall be executed under the conditions of the contract for an amount agreed to by the VHA and the contractor.

5. Insurance

a. Contractor shall procure and require its agents, contractors, and subcontractors to procure and maintain, at their own cost and expense, during the entire period of performance/guarantee (including the maintenance/guarantee period or other applicable warranty period) the types of insurance specified below. All insurance shall be procured from reputable insurers authorized to do business in the State of New

Jersey. In no event shall work be performed until the required evidence of insurance has been furnished. The insurance shall provide for at least thirty (30) days prior written notice to be given to the VHA in the event coverage is materially changed, canceled, or not renewed. Prior to the inception of work, contractor shall provide to the Executive

Director or his designee a Certificate of Insurance evidencing the following coverage’s:

i. Additional Insured Requirement

a. The Vineland Housing Authority is to be named as additional insured on all policies required hereunder except for Workers Compensation and Employers

Liability.

ii. Workers Compensation and Employers Liability

a. Workers Compensation – Statutory Limits

b. Employers Liability

i. Bodily Injury by Accident -- $100,000 each accident

ii. Bodily Injury by Disease -- $500,000 policy limit

iii. Bodily Injury by Disease -- $100,000 each employee

iii. General Liability

a. Limit of Liability -- $1,000,000 per occurrence, combined single limit for bodily injury (including death) and property damage liability

b. Coverage

i. Premises operation

ii. Blanket contractual liability

iii. Personal injury liability

iv. Products and completed operations

v. Independent contractors

iv. Automobile Liability

a. The contractor shall provide, at no expense to the VHA, an automobile policy, naming VHA as additionally insured, covering any automobile accidents involving the contractor and its employees for any accident occurring during the term of this contract. The coverage which shall be provided, shall not be less than Five Hundred Thousand ($500,000.00) Dollars per occurrence and not less than One Million ($1,000,000.00) Dollars in the aggregate

6. Equal Opportunity

a. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers’ representative of the contractor’s commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

b. In the event of the contractor’s non-compliance with the Equal Opportunity clause of the contract, this contract may be canceled, terminated, or suspended in whole or in part; and the contractor may be declared ineligible for further government contracts.

c. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, and national origin. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the

Local Public Agency setting forth the provisions of the nondiscrimination clause.

d. The contractor will, in all solicitations or advertisements for employment placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

e. The contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

7. Substitution of Personnel

a. The contractor shall not replace key personnel assigned to this contract and listed in the proposal submitted by the contractor without the prior written consent of the VHA.

8. Records

a. The contractor shall keep adequate records of direct labor costs and other costs of performance of this contract and shall maintain such records for three (3) years after the VHA makes final payments and all other pending matters are closed.

9. Audit

a. Records of the contractor shall be subject to audit by a Certified Public Accounting firm designated by the VHA in the event of termination for convenience or if any payment is based on time or cost of materials.

b. Because funds for this contract are provided by the federal government, contractor agrees to allow the federal agency, which provided funds, the Comptroller General of the United States, the VHA, or any of their duly authorized representatives to have access to any books, documents, papers, and records of the contractor, which are directly pertinent to this contract, for the purpose of making audit, examination, excerpts, and transcriptions.

10. Bankruptcy

a. The VHA may terminate this contract by written notice or telegraphic notice:

a. If the contractor shall become insolvent or make a general assignment for the benefit of creditors; or

b. If a petition under any bankruptcy act or similar statute is filed by or against the contractor and is not vacated within ten (10) days after it is filed.

c. Termination under this clause shall be in accordance with the “Termination of

Default” clause.

11. Calendar Dates

a. Time shall be measured in calendar days.

12. Clause Headings

b. The headings contained herein are for ease of reference and shall not limit the scope of intent of the clause.

13. Hold Harmless

c. Contractor shall be considered an independent contractor in respect to the work covered by this Agreement and shall assume all risk and responsibility for casualties of every description in connection with the work, which can be attributed either directly or indirectly to the contractor. Contractor, for itself, its successors, assigns, heirs, executors and administrators, agrees to indemnify, defend and save harmless the VHA, all its officers, and subordinates.

d. From all suits and actions of every nature brought against the VHA or any of them for or on account of any damage or loss sustained by the VHA and does agree to pay any and all such damages including costs of litigation and counsel fees whether defended by the

VHA or contractor, and

e. If the contractor is required to enter premises owned, leased, or occupied by or under the control of the VHA during the performance of this contract, the contractor shall indemnify and hold harmless the VHA, its officers, and employees, from any loss, cost, damage, expense, or liability by reason of property damage, or personal injury, including death, of whatsoever nature or kind arising out of or as a result of such performance, whether arising out of actions of the contractor or any of its employees, subcontractors, and lower-tier subcontractors. It is not the intention of this contract to confer third party beneficiary right or action upon any person whatsoever and nothing herein before or herein after set forth shall be construed so as to confer upon any person other than the VHA a right of action either under this contract or in any manner whatsoever.

14. Taxes, Industrial Laws, and Benefits

a. Contractor shall be acting as an independent contractor. Neither the contractor nor any of the persons furnishing materials or performing work or services, which are required by this contract, are employees of the VHA within meaning of or the application of any federal or state unemployment insurance law, or other social security, or any workmen’s compensation, industrial accident law, or other industrial or labor laws. At its own expense, the contractor shall comply with such law and assume all obligations imposed by any one or more of such laws with respect to this contract. Contractor shall be liable for all federal, state, local taxes, and any special assessments.

15. No Waiver of Conditions

a. Failure of the VHA to insist on strict performance shall not constitute a waiver of any of the provisions of this contract or waiver of any default of the contractor.

16. Severability

a. If any provision of this contract or any application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this contract, which can be given effect without the invalid provision or application and to this and the provisions of this contract are severable.

17. HUD

a. The term “HUD” means the United States of America (acting through the Department of

Housing and Urban Development) which, subject to the provision of a contract for financial aid with the VHA, has agreed to purchase certain obligations of the VHA to aid in financing the work to be performed under the contract. However, nothing contained in the contract shall be construed to create any contractual relationship between the contractor and HUD.

18. Subcontractors

a. Any proposed subcontractor shall be disclosed in contractor’s proposal. Contractor shall furnish such written information as the VHA may require concerning the proposed subcontractor, together with the proposed subcontractor’s Non-Collusive Affidavit and

Affidavit of Non-Default in the form prescribed by the VHA. Any objection shall be expressed in writing by the VHA effective if/when the VHA responds to contractor’s proposal.

b. The VHA may, without claim for extra cost by the contractor, disapprove any subcontractor for cause on the basis of its own determination or because the proposed subcontractor is listed as ineligible to receive awards of contracts from the United States on a current list or list furnished by HUD or if the subcontractor is on the ineligible list maintained by the VHA.

c. The contractor shall cause provisions to be inserted in all subcontracts to bind subcontractors to the terms of the HUD Terms and Conditions, VHA General Conditions, and other documents comprising the contract insofar as they are applicable to the work of the subcontractor.

d. Nothing contained in the contract shall create any contractual relation between any subcontractor and the VHA.

19. Withholding for Liquidated Damages

a. The VHA may withhold from any monies due to the contractor or subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages. The amount to be withheld as liquidated damages is $300 per day.

20. Royalties and Patents

a. The contractor shall pay all royalties and license fees. Contractor shall defend all suits or claims for infringement of any patent, trademark, or copyright, and shall save the VHA from loss on account thereof.

21. Permits and Licenses

a. If any permits, licenses, or other approvals are necessary for the performance of this contract, then the contractor shall obtain all such permits, licenses, or approvals at no extra charge to the VHA.

22. Affirmative Action

a. This contract is subject to compliance with HUD Minority and Women’s Business

Enterprise Opportunity goals. A minimum goal of 20% of the total dollar amount of all prime contracts, and/or materials and supplies purchased, should be awarded to minority business concerns. A minimum goal of 10% of the total dollar amount should be awarded to Women’s Business concerns. These goals are not mandatory set-asides.

23. Work Product

a. All files and work product, finished and unfinished documents, data, studies and reports prepared by the contractor under this contract shall become the property of the VHA when created and shall be given to the VHA when requested by the VHA.

24. Termination of Contract for Cause

a. If, through any cause, the contractor shall fail to fulfill in timely and proper manner, his obligations under this contract, or if the contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Local Public Agency shall thereupon have the right to terminate this contract by giving written notice to the contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the contractor under this contract shall, at the option of the Local Public Agency, become its property; and the contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

b. Notwithstanding the above, the contractor shall not be relieved of liability to the Local

Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the contract by the contractor; and the Local Public Agency may withhold any payments to the contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the contractor is determined.

25. Termination for Convenience of Local Public Agency

a. The Local Public Agency may terminate this contract any time by a notice in writing from the Local Public Agency to the contractor. The VHA reserves the right to terminate this contract at any given time by giving written notice to the contractor of such termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such termination. The VHA and contractor may mutually agree to terminate the contract at an earlier time if so desired. If the contract is terminated by the VHA as provided herein, the contractor will be paid for the services actually performed.

26. Anti-Kickback Rules

a. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of

Labor pursuant to the “Anti-Kickback Act” of June 13, 1984 (48 Stat. 948, 62 Stat. 740, 63 Stat. 108, Title 18 U.S.C. 874, and Title cable “Anti-Kickback” regulations) and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by subcontractors with such regulations and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the

Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

27. Withholding of Salaries

a. If, in the performance of this contract, there is any underpayment of salaries by the contractor or by any subcontractor thereunder, the Local Public Agency shall withhold from the contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Agency for and on account of the contractor or subcontractor to the respective employees to whom they are due.

28. Claims and Disputes Pertaining to Salary Rates

a. Claims and disputes pertaining to salary rates or to classifications of employees and\or contractors performing work under the contract shall be promptly reported in writing by the contractor to the Local Public Agency for a wage rate decision, which shall be final with respect thereto.

29. Compliance with Local Laws

a. The contractor shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract.

30. Assignability

a. The contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation) without the prior written approval of the Local Public Agency provided, however, that claims for money due to become due the contractor from the Local Public Agency under this contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in

Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Public Agency.

31. Interest of Members of Local Public Agency

a. No member of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the project to which this contract pertains, shall have any personal interest, direct or indirect, in this contract.

32. Interest of Other Local Public Officials

a. No member of the governing body of the locality in which the project area is situated and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the project to which this contract pertains, shall have any personal interest -- direct or indirect -- in this contract.

33. Interest of Certain Federal Officials

a. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this contract or to any benefit to arise here from.

34. Interest of Contractor

a. The contractor covenants that he presently has no interest and shall not acquire any interest – direct or indirect – in the above-described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The contractor further covenants that in the performance of this contract, no person having any such interest shall be employed.

35. Findings Confidential

a. The contractor agrees that all of the reports, information, data, etc., prepared or assembled by the contractor shall not be made available to any individual or organization without prior written approval of the Local Public Agency.

36. Discrimination Because of Certain Labor Matters

a. No person employed on the work covered by this contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer.

37. Personnel

a. The contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Local Public Agency.

b. All the services required hereunder will be performed by the contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services.

c. No person, who is serving a sentence in a penal or correctional institution, shall be employed on work under this contract.

38. Work Product

a. All files and work product, finished and unfinished documents, data, studies and reports prepared by the contractor under this contract shall become the property of the VHA when created and shall be given to the VHA when requested by the VHA.

39. Definition of regular and overtime hours

a. Regular business hours are defined as any hours worked between 8:00 AM and 5:00 PM, Monday through Friday. Overtime hours are defined as any work performed outside of “Regular

Business” work hours; which includes weekends and Holidays and shall be paid at 1.5 times the regular rate.

40. Time and Material Work

a. All quotes for work shall include a cost breakdown submitted by the contractor as follows:

a. labor rate

b. quantity of hours

c. materials list

d. wholesale cost (with evidence of same) and mark up, at applicable contract rates.

b. The VHA reserves the right to add or delete units or service as needed, at contract bid prices.

41. Section 3

a. This contract is subject to the following conditions under Section 3 of the Housing and Urban

Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3).

a. The work to be performed under this contract is subject to the requirements of Section

3 of the Housing and Urban Development Act of 1968, as amended, 12

U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

b. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part

135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor or organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135.

The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

e. The contractor will certify that any vacant employment positions, including training positions that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part

135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

g. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act

(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section

7(b) requires that to the greatest extent feasible (preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned

Economic Enterprise. Parties to this contract that are subject to the provisions of Section

3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

42. Pay to Play

a. Starting in January, 2007, business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election

Enforcement Commission (ELEC) pursuant to N.J.S.A 19:44-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.

43. Buy American

a. Only manufactured and farm products of the United States, wherever available, shall be used in the execution of the work specified herein.

SECTION 5

BID FORMS

(Additional required forms can be found as attachments within the portal)

SUBMISSION CHECKLIST

IFB 26-02: AS NEEDED PAINTING SERVICES

CONTRACTOR’S NAME: ___________________________________________

Failure to submit the above documents shall be cause for rejection of the bid in accordance with N.J.S.A. 40A:11-23.2.

Required Submission Initials

1. Bid Security (if applicable): Proposal Bond (original only), or a certified check or cashier’s check in the required amount

2. Consent of Surety (if applicable): Consent of Surety for Performance, Labor, Materials Payment, and Maintenance Bonds

3. Acknowledgement of Addenda (enclosed)

4. Stockholder / Statement of Ownership Disclosure (enclosed)

5. New Jersey Business Registration Certificate (BRC)

6. Political Contribution Disclosure Form (Chapter 271) (enclosed)

7. Russia–Belarus & Iran Investment Activities Disclosure (attached)

8. W-9 Form

9. Vendor Questionnaire Certification Form (attached)

10. Professional License(s) and/or Trade Certification(s), as applicable to the scope of work

11. Public Works Certificate or Proof of Registration

12. Subcontractor Listing / Utilization Form (if applicable) (enclosed)

13. Notice of Intent to Subcontract (if applicable) (enclosed)

14. Insurance Certificate and Proof of Required Coverage (General Liability, Workers’ Compensation, etc.; must name HACV as Additional Insured)

15. HUD Forms 5369, 5369-B, 5369-C, 5370-C, 2554, 2992 (attached)

16. Affirmative Action Compliance (Certificate, AA-302, or Federal Approval Letter) (attached)

17. Affirmative Action Questionnaire (attached)

18. Non-Collusion Affidavit - Notarized (enclosed)

19. Debarment, Suspension, Ineligibility & Voluntary Exclusion Certification (attached)

20. HUD Section 3 Business Certification Form (if applicable) (attached)

PRICING SUBMISSION

All pricing must be submitted exclusively through the Housing Agency Marketplace eProcurement portal. No separate pricing sheets, attachments, or hard copies will be accepted or evaluated.

CERTIFICATION

I certify that all required documents have been submitted and that all information provided is true and accurate. I acknowledge receipt of all addenda issued for this solicitation.

SIGNATURE OF BIDDER (REQUIRED):…