THE HOUSING AUTHORITY OF

CLACKAMAS COUNTY

P.O. BOX 1510; 13900 S. GAIN STREET; OREGON CITY, OREGON

97045

Invitation for Bids

HACC WIDE FLOORING – 2022-2024

PROJECT #22001

Funded by

U.S. Department of Housing and Urban Development

Prepared by:

The Housing Authority of Clackamas County

P.O. Box 1510

Oregon City, Oregon 97045

503-650-3143

October 19, 2021

HACC WIDE FLOORING 2022-2024 – PROJECT #22001

HOUSING AUTHORITY OF CLACKAMAS COUNTY

P.O BOX 1510, 13900 S. GAIN STREET, OREGON CITY, OR 97045

INDEX PAGE #1 OF 1

BID PACKAGE INDEX

1.0 Invitation for Bids

2.0 Form HUD-5369-B, Instructions to Bidders for Contracts, Public and Indian

Housing Programs

3.0 Form HUD-5369-C, Certifications, and Representations of Offerors Non-

Construction Contract, Public and Indian Housing Programs

4.0 Form HUD-5370-C Part 1& 2 General Contract Conditions Non-Construction, Public and Indian Housing Programs

5.0 Form of Bid Bond

6.0 Form of Contract

7.0 Non-Collusive Affidavit

8.0 Special Conditions and Wage Determination

9.0 Certification Form - Economic Opportunities for Low and Very Low Income

Persons (Section 3)

10.0 Bid Form

11.0 Disclosure of First Tier Subcontractors

12.0 Scope of Work

13.0 Detailed Specifications, as follows:

DIVISION 01

01001 General Requirements

DIVISION 09

09650 – Flooring

09680 – Carpet

NOTE: All requests for substitution must be received 5 days prior to bid due date. There will be no exceptions.

1.0 Invitation for Bids

INVITATION FOR BIDS Page 1 of 2

INVITATION FOR BIDS

The Housing Authority of Clackamas County (HACC) will receive bids for HACC WIDE

FLOORING 2022-2024 AT PUBLIC HOUSING, a prevailing wage project, #22001 until November 16, 2021 at 2:00 PM at the Administration Office of the Housing Authority of Clackamas County (HACC), P.O. Box 1510, 13930 S. Gain Street, Oregon City, Oregon 97045. The Disclosure of First-Tier

Subcontract form shall be received by 4:00 PM, November 16, 2021. At 2:01 PM, November 16, 2021, all bids will be publicly opened and read aloud.

Brief Work Description: Remove/replace existing carpet, resilient flooring, VCT, and underlayment, per the attached Scope of Work and Specifications. Contractor is asked to submit unit prices as detailed in the Bid Form. NOTE: This contract is an ON DEMAND CONTRACT.

No minimum workload is guaranteed by HACC.

A Pre-bid meeting will be held on November 2, 2021 at 9:00 a.m. at the Community Center at 13900 S.

Gain Street, Oregon City, Oregon 97045.

Josh Teigen, HACC Capital Improvement Coordinator will receive all bids

Questions: Shall be submitted in writing to HACC Attn: Josh Teigen. Fax: 503-650-3168. Questions submittal deadline shall be November 9, 2021 @ 2:00pm.

Bid documents are only available electronically. You can find them on OREGON BUYS, our website (https://www.clackamas.us/housingauthority/bids.html) or by contacting Josh Teigen at joshtei@co.clackamas.or.us

A certified check or bank draft, payable to Housing Authority of Clackamas County, U.S. Government bonds, or a satisfactory bid bond executed by the bidder and acceptable sureties in an amount equal to five percent of the bid shall be submitted with each bid.

Attention is called to the provisions for equal employment opportunity, economic opportunities for low and very low income persons, and payment of not less than the minimum salaries and wages as set forth in the specifications on this project.

As permitted by state law and required by the U.S. Department of Housing and Urban Development:

a. Retainage is 10 percent, not 5 percent.

b. Interest will not accrue on retainage, and

c. Bonds or securities may not be substituted as an alternate form of retainage.

The Housing Authority of Clackamas County reserves the right to reject any or all bids or to waive any informality in the bidding.

All requests for substitution shall be received 5 days prior to bid due date. There will be no exceptions.

No bid shall be withdrawn for a period of 60 days subsequent to the opening of bids without the consent of the Housing Authority of Clackamas County.

mailto:joshtei@co.clackamas.or.us

INVITATION FOR BIDS Page 2 of 2

CONTRACTOR BIDDING REQUIREMENTS

1. Submission Requirements:

a. To be considered responsive and responsible, each contractor shall respond to the following requirements. Responses must be specific and complete unto themselves. Any submittal that, in the opinion of HACC, does not fully and completely address these requirements will not be reviewed and bid may be considered non-responsive.

2. Minimum Requirements:

a. To be qualified to respond, contractors must not be debarred, suspended, or otherwise ineligible to contract with HACC, and must not be included on the General Services

Administration’s “List of Parties Excluded From Federal Procurement and Non-

Procurement Programs” or the Department of Housing and Urban Development’s

“Limited Denial of Participation” list. In addition, contractors must have current and active registration in the State of Oregon Business Registry.

3. Similar Project Experience:

a. Describe your firm’s relevant experience within the areas under the Scope of Work. Please describe your firm’s experience as it relates to rehabilitation/modernization projects.

b. Please describe your firm’s specific experience working with Housing Authorities and/or

Public Agencies. Describe in detail two public housing projects that your firm is currently working on and/or has completed in the last five years. Describe the scope of work and dollar value for each project.

c. Please describe your firm’s approach to managing multiple project work sites at any one time, and the firm’s capacity to address competing project timelines.

4. References:

a. Provide (3) references, previous and/or current, including the name and title of the contact person, their mailing address, email address, phone number and fax number. If available, please provide one reference from a public housing authority or other public agency.

5. Firm Description:

a. Provide the firms history, organization and size including number of staff in each work area.

b. Describe the overall staffing approach to be used in connection with this contract. Provide information regarding staff experience and qualifications that demonstrates the contractor’s capacity to perform the required services.

c. Provide the identity of the Project Manager that will be monitoring managing this project.

d. Provide the firms history to complete projects on time by maintaining a weekly progress schedule and completing on budget.

6. Method of Award:

a. HACC will evaluate all bids and award a contract based on contract price and contractors ability to perform said work. The information listed above will be part of the bid evaluation and shall be part of the contractors bid. Price will not be the main factor in awarding the contract. Failure to provide the information above may render contractors bid non-responsive.

b. HACC reserves the right to reject any and all bids of any contractor including those who have previously failed to perform properly, or to complete on time, contracts of a similar nature;

who is not in a position to perform the contract, or who has neglected the payment of bills or otherwise disregarded their obligations to subcontractors, material suppliers, or employees.

END OF SECTION - INVITATION FOR BIDS

2.0 Form HUD-5369-B, Instructions to

Bidders for Contracts, Public and

Indian Housing Programs

3.0 Form HUD-5369-C, Representations, Certifications, and

Other Statements of Bidders, Public and Indian Housing Programs form HUD-5369-C (8/93) ref. Handbook 7460.8Previous edition is obsolete page 1 of 2

1. Contingent Fee Representation and Agreement

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

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

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

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

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

(3) take other remedy pursuant to the contract.

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

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

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

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

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

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

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

(Check the block applicable to you)

[ ] Black Americans [ ] Asian Pacific Americans

[ ] Hispanic Americans [ ] Asian Indian Americans

[ ] Native Americans [ ] Hasidic Jewish Americans

3. Certificate of Independent Price Determination

(a) The bidder/offeror certifies that—

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

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

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

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

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

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

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

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

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

Certifications and Representations of Offerors Non-Construction Contract

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

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

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

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

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

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

4. Organizational Conflicts of Interest Certification

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

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

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

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

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

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

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

5. Authorized Negotiators (RFPs only)

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

6. Conflict of Interest

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

7. Offeror's Signature

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

Signature & Date:

Typed or Printed Name:

Title:

4.0 Form HUD-5370-C Part 1 & 2

General Contract Conditions Non-

Construction, Public and Indian

Housing Programs

U.S. Department of Housing and UrbanDev elopment Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 11/30/2023)

General Conditions for Non-Construction Contracts Section I – (With or without Maintenance Work)

Public Reporting Burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Applicability. This form HUD-5370-C has 2 Sections. These proposal submitted before final payment of the contract.

Sections must be inserted into non-construction contracts as (d) Failure to agree to any adjustment shall be a dispute under described below: clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.1) Non-construction contracts (without maintenance) greater than $150,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.100) greater than $2,000 but not more than $150,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $150,000 – use Sections I and II.

Section I - Clauses for All Non-Construction Contracts greater than $150,000

1. Definitions

The following definitions are applicable to this contract:

(a) "Authority or Housing Authority (HA)" means the

Housing Authority.

(b) "Contract" means the contract entered into between the

Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification.

(c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract.

(d) "Day" means calendar days, unless otherwise stated.

(e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary.

2. Changes

(a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered.

(b) If any such change causes an increase or decrease in the hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly.

(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a

(e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA.

3. Termination for Convenience and Default

(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process.

(b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination.

(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may

(i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor.

(d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above.

(e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein.

4. Examination and Retention of Contractor's Records

(a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

Section I - Page 1 of 7 form HUD-5370-C (01/2014)

(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as A breach of these Contract clauses may be grounds for paragraph (a) above. "Subcontract," as used in this clause, termination of the Contract and for debarment or denial of excludes purchase orders not exceeding $10,000. participation in HUD programs as a Contractor and a

(c) The periods of access and examination in paragraphs (a) subcontractor as provided in 24 CFR Part 24.

and (b) above for records relating to:

(i) appeals under the clause titled Disputes; 9. Assignment of Contract

(ii) litigation or settlement of claims arising from the performance of this contract; or, The Contractor shall not assign or transfer any interest in this

(iii) costs and expenses of this contract to which the HA, contract; except that claims for monies due or to become due HUD, or Comptroller General or any of their duly from the HA under the contract may be assigned to a bank, authorized representatives has taken exception shall trust company, or other financial institution. If the Contractor is continue until disposition of such appeals, litigation, a partnership, this contract shall inure to the benefit of the claims, or exceptions. surviving or remaining member(s) of such partnership approved by the HA.

5. Rights in Data (Ownership and Proprietary Interest)

10. Certificate and Release The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all Prior to final payment under this contract, or prior to settlement information, materials and documents discovered or produced upon termination of this contract, and as a condition precedent by Contractor pursuant to the terms of this Contract, including thereto, the Contractor shall execute and deliver to the HA a but not limited to reports, memoranda or letters concerning the certificate and release, in a form acceptable to the HA, of all research and reporting tasks of this Contract. claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be

6. Energy Efficiency specifically excepted by the Contractor in stated amounts set forth therein.

The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the 11. Organizational Conflicts of Interest energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in (a) The Contractor warrants that to the best of its knowledge which the work under this contract is performed. and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined

7. Disputes as a situation in which the nature of work under this contract and a contractor's organizational, financial,

(a) All disputes arising under or relating to this contract, except contractual or other interests are such that:

for disputes arising under clauses contained in Section III, (i) Award of the contract may result in an unfair Labor Standards Provisions, including any claims for competitive advantage; or damages for the alleged breach there of which are not (ii) The Contractor's objectivity in performing the contract disposed of by agreement, shall be resolved under this work may be impaired.

clause. (b) The Contractor agrees that if after award it discovers an

(b) All claims by the Contractor shall be made in writing and organizational conflict of interest with respect to this contract submitted to the HA. A claim by the HA against the or any task/delivery order under the contract, he or she shall Contractor shall be subject to a written decision by the HA. make an immediate and full disclosure in writing to the

(c) The HA shall, with reasonable promptness, but in no event Contracting Officer which shall include a description of the in no more than 60 days, render a decision concerning any action which the Contractor has taken or intends to take to claim hereunder. Unless the Contractor, within 30 days after eliminate or neutralize the conflict. The HA may, however, receipt of the HA's decision, shall notify the HA in writing terminate the contract or task/delivery order for the that it takes exception to such decision, the decision convenience of the HA if it would be in the best interest shall be final and conclusive. of the HA.

(d) Provided the Contractor has (i) given the notice within the (c) In the event the Contractor was aware of an organizational time stated in paragraph (c) above, and (ii) excepted its conflict of interest before the award of this contract and claim relating to such decision from the final release, and (iii) intentionally did not disclose the conflict to the Contracting brought suit against the HA not later than one year after Officer, the HA may terminate the contract for default.

receipt of final payment, or if final payment has not been (d) The terms of this clause shall be included in all made, not later than one year after the Contractor has had a subcontracts and consulting agreements wherein the work reasonable time to respond to a written request by the HA to be performed is similar to the service provided by the that it submit a final voucher and release, whichever is prime Contractor. The Contractor shall include in such earlier, then the HA's decision shall not be final or subcontracts and consulting agreements any necessary conclusive, but the dispute shall be determined on the provisions to eliminate or neutralize conflicts of interest.

merits by a court of competent jurisdiction.

(e) The Contractor shall proceed diligently with performance of 12. Inspection and Acceptance this contract, pending final resolution of any request for

(a) The HA has the right to review, require correction, ifrelief, claim, appeal, or action arising under the contract, necessary, and accept the work products produced by theand comply with any decision of the HA.

Contractor. Such review(s) shall be carried out within 30

8. Contract Termination; Debarment days so as to not impede the work of the Contractor. Any

Section I - Page 2 of 7 form HUD-5370-C (01/2014) product of work shall be deemed accepted as submitted if "Local government" means a unit of government in a State the HA does not issue written comments and/or required and, if chartered, established, or otherwise recognized by a corrections within 30 days from the date of receipt of such State for the performance of a governmental duty, including a product from the Contractor. local public authority, a special district, an intrastate district, a

(b) The Contractor shall make any required corrections council of governments, a sponsor group representative promptly at no additional charge and return a revised copy organization, and any other instrumentality of a local of the product to the HA within 7 days of notification or a government.

later date if extended by the HA. "Officer or employee of an agency" includes the following

(c) Failure by the Contractor to proceed with reasonable individuals who are employed by an agency:

promptness to make necessary corrections shall be a (i) An individual who is appointed to a position in the default. If the Contractor's submission of corrected work Government under title 5, U.S.C., including a position remains unacceptable, the HA may terminate this contract under a temporary appointment;

(or the task order involved) or reduce the contract price or (ii) A member of the uniformed services as defined in cost to reflect the reduced value of services received. section 202, title 18, U.S.C.;

(iii) A special Government employee as defined in section

13. Interest of Members of Congress 202, title 18, U.S.C.; and,

(iv) An individual who is a member of a Federal advisory No member of or delegate to the Congress of the United States committee, as defined by the Federal Advisory of America or Resident Commissioner shall be admitted to any Committee Act, title 5, appendix 2.

share or part of this contract or to any benefit to arise there from, “Person" means an individual, corporation, company, but this provision shall not be construed to extend to this association, authority, firm, partnership, society, State, and local contract if made with a corporation for its general benefit. government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal

14. Interest of Members, Officers, or Employees and Former organization, or other Indian organization with respect to

Members, Officers, or Employees expenditures specifically permitted by other Federal law.

"Recipient" includes all contractors, subcontractors at any

No member, officer, or employee of the HA, no member of the tier, and subgrantees at any tier of the recipient of funds received governing body of the locality in which the project is situated, no in connection with a Federal contract, grant, loan, or cooperative member of the governing body in which the HA was activated, agreement. The term excludes an Indian tribe, tribal organization, and no other pubic official of such locality or localities who or any other Indian organization with respect to exercises any functions or responsibilities with respect to the expenditures specifically permitted by other Federal law.

project, shall, during his or her tenure, or for one year "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federalthereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130

15. Limitation on Payments to Influence Certain Federal working days within one year immediately preceding the date of

Transactions the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative

(a) Definitions. As used in this clause: agreement. An officer or employee who is employed by such "Agency", as defined in 5 U.S.C. 552(f), includes Federal person for less than 130 working days within one year executive departments and agencies as well as independent immediately preceding the date of submission that initiates regulatory commissions and Government corporations, as agency consideration of such person shall be considered to be defined in 31 U.S.C. 9101(1). regularly employed as soon as he or she is employed by such

"Covered Federal Action" means any of the following person for 130 working days.

Federal actions: "State" means a State of the United States, the District of

(i) The awarding of any Federal contract; Columbia, the Commonwealth of Puerto Rico, a territory or

(ii) The making of any Federal grant; possession of the United States, an agency or instrumentality of

(iii) The making of any Federal loan; a State, and a multi-State, regional, or interstate entity having

(iv) The entering into of any cooperative agreement; and, governmental duties and powers.

(v) The extension, continuation, renewal, amendment, or (b) Prohibition.

modification of any Federal contract, grant, loan, or (i) Section 1352 of title 31, U.S.C. provides in part that no cooperative agreement. appropriated funds may be expended by the recipient

Covered Federal action does not include receiving from an of a Federal contract, grant, loan, or cooperative agency a commitment providing for the United States to insure agreement to pay any person for influencing or or guarantee a loan. attempting to influence an officer or employee of any

"Indian tribe" and "tribal organization" have the meaning agency, a Member of Congress, an officer or provided in section 4 of the Indian Self-Determination and employee of Congress, or an employee of a Member Education Assistance Act (25 U.S.C. 450B). Alaskan Natives of Congress in connection with any of the following are included under the definitions of Indian tribes in that Act. covered Federal actions: the awarding of any Federal

"Influencing or attempting to influence" means making, with contract, the making of any Federal grant, the making the intent to influence, any communication to or appearance of any Federal loan, the entering into of any before an officer or employee of any agency, a Member of cooperative agreement, and the extension, Congress, an officer or employee of Congress, or an employee continuation, renewal, amendment, or modification of of a Member of Congress in connection with any covered any Federal contract, grant, loan, or cooperative Federal action. agreement.

(ii) The prohibition does not apply as follows:

Section I - Page 3 of 7 form HUD-5370-C (01/2014)

(1) Agency and legislative liaison by Own person requesting or receiving a Employees. covered Federal action or an extension,

(a) The prohibition on the use of appropriated continuation, renewal, amendment, or funds, in paragraph (i) of this section, does not modification of a covered Federal action apply in the case of a payment of reasonable if the payment is for professional or compensation made to an officer or employee of technical services rendered directly in a person requesting or receiving a Federal the preparation, submission, or contract, grant, loan, or cooperative agreement, if negotiation of any bid, proposal, or the payment is for agency and legislative application for that Federal action or for activities not directly related to a covered Federal meeting requirements imposed by or action. pursuant to law as a condition for

(b) For purposes of paragraph (b)(i)(1)(a) of receiving that Federal action. Persons this clause, providing any information specifically other than officers or employees of a requested by an agency or Congress is permitted person requesting or receiving a at any time. covered Federal action include

(c) The following agency and legislative liaison consultants and trade associations.

activities are permitted at any time only where (b) For purposes of subdivision (b)(ii)(2)(a) of they are not related to a specific solicitation for clause, "professional and technical services" any covered Federal action: shall be limited to advice and analysis

(1) Discussing with an agency (including directly applying any professional or individual demonstrations) the qualities and technical discipline.

characteristics of the person's products or (c) Requirements imposed by or pursuant to law services, conditions or terms of sale, and service as a condition for receiving a covered capabilities; and, Federal award include those required by law

(2) Technical discussions and other or regulation, or reasonably expected to be activities regarding the application or adaptation required by law or regulation, and any other of the person's products or services for an requirements in the actual award agency's use. documents.

(d) The following agency and legislative liaison (d) Only those services expressly authorized by activities are permitted where they are prior to subdivisions (b)(ii)(2)(a)(i) and (ii) of this formal solicitation of any covered Federal action: section are permitted under this clause.

(1) Providing any information not (iii) Selling activities by independent sales specifically requested but necessary for an representatives.

agency to make an informed decision about (c) The prohibition on the use of appropriated funds, in initiation of a covered Federal action; subparagraph (b)(i) of this clause, does not apply to the

(2) Technical discussions regarding the following selling activities before an agency by independent preparation of an unsolicited proposal prior to its sales representatives, provided such activities are prior to official submission; and formal solicitation by an agency and are specifically limited

(3) Capability presentations by persons to the merits of the matter:

seeking awards from an agency pursuant to the (i) Discussing with an agency (including individual provisions of the Small Business Act, as demonstration) the qualities and characteristics of the amended by Public Law 95-507 and other person's products or services, conditions or terms of subsequent amendments. sale, and service capabilities; and

(e) Only those activities expressly authorized (ii) Technical discussions and other activities regarding by subdivision (b)(ii)(1)(a) of this clause are the application or adaptation of the person's products permitted under this clause. or services for an agency's use.

(2) Professional and technical services. (d) Agreement. In accepting any contract, grant, cooperative

(a) The prohibition on the use of appropriated agreement, or loan resulting from this solicitation, the funds, in subparagraph (b)(i) of this clause, person submitting the offer agrees not to make any does not apply in the case of- payment prohibited by this clause.

(i) A payment of reasonable compensation (e) Penalties. Any person who makes an expenditure made to an officer or employee of a prohibited under paragraph (b) of this clause shall be person requesting or receiving a subject to civil penalties as provided for by 31 U.S.C. 1352.

covered Federal action or an extension, An imposition of a civil penalty does not prevent the continuation, renewal, amendment, or Government from seeking any other remedy that may be modification of a covered Federal applicable.

action, if payment is for professional or (f) Cost Allowability. Nothing in this clause is to be interpreted technical services rendered directly in to make allowable or reasonable any costs which would be the preparation, submission, or unallowable or unreasonable in accordance with Part 31 of negotiation of any bid, proposal, or the Federal Acquisition Regulation (FAR), or OMB application for that Federal action or for Circulars dealing with cost allowability for recipients of meeting requirements imposed by or assistance agreements. Conversely, costs made pursuant to law as a condition for specifically unallowable by the requirements in this clause receiving that Federal action. will not be made allowable under any of the provisions of

(ii) Any reasonable payment to a person, FAR Part 31 or the relevant OMB Circulars.

other than an officer or employee of a

Section I - Page 4 of 7 form HUD-5370-C (01/2014)

16. Equal Employment Opportunity

During the performance of this contract, the

Contractor/Seller agrees as follows:

(a)The [contractor/seller] will not discriminate against any emplo yee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. The

[contractor/seller] will take affirmative action to ensure that appli cants are employed, and that employees are treated during employm ent, without regard to their race, color, religion, sex, sexual orienta tion, gender identity, disability, or national origin. Such action shall in clude, 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 selec tion for training, including apprenticeship. The [contractor/seller] agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(b)The [contractor/seller] will, in all solicitations or advertisement s for employees placed by or on behalf of the [contractor/seller], state that all qualified applicants will receive consideration for employ ment without regard to race, color, religion, sex, sexual orientation, gender identity, disability, or national origin.

(c)The [contractor/seller] will not discharge or in any other man ner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or ano ther employee or applicant. This provision shall not apply to instance s in which an employee who has access to the compensation inform ation of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other em ployees or applicants to individuals who do not otherwise have acces s to such information, unless such disclosure is in response to a form al complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the emplo yer, or is consistent with the [contractor/seller]'s legal duty to furnish information.

(d)The [contractor/seller] will send to each labor union or representat ive of workers with which it has a collective bargaining agreement or oth er contract or understanding, a notice to be provided by the agency contr acting officer, advising the labor union or workers' representative of the [contractor/seller] 's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in cons picuous places available to employees and applicants for employment.

(e)The [contractor/seller] will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

f)The [contractor/seller] will furnish all information and reports re quired by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(g)In the event of the [contractor/seller]’s noncompliance with the nondiscrimination clauses of this contract or with any of such rule s, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the [contractor/seller] may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies in voked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as other wise provided by law.

(g)In the event of the [contractor/seller]’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, termin ated or suspended in whole or in part and the [contractor/seller] may be declared ineligible for further Government contracts in acc ordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(h) The [contractor/seller] will include the provisions of paragraphs

(a) through (h) in every subcontract or purchase order unless exe mpted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub[contractor/seller] or vendor. The [contractor/seller] will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:

Provided, however, that in the event the [contractor/seller] becomes involved in, or is threatened with, litigation with a sub contractor or vendor as a result of such direction, the [contractor/ seller] may request the United States to enter into such litigation to protect the interests of the United States.

17. Equal Opportunity for Workers with Disabilities

1.The [contractor/seller] will not discriminate against any e mployee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applican t for employment is qualified. The [contractor/seller] agrees to take aff irmative action to employ and advance in employment individuals wit h disabilities, and to treat qualified individuals without discrimination o n the basis of their physical or mental disability in all employment pra ctices, including the following:

i.Recruitment, advertising, and job application procedures; ii.Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; iii.Rates of pay or any other form of compensation and chan ges in compensation; iv.Job assignments, job classifications, organizational struct ures, position descriptions, lines of progression, and seniority lists; v.Leaves of absence, sick leave, or any other leave; vi.Fringe benefits available by virtue of employment, whether or not administered by the [contractor/seller]; vii.Selection and financial support for training, including app renticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; viii.Activities sponsored by the [contractor/seller] including social or recreational programs; and ix.Any other term, condition, or privilege of employment.

2.The [contractor/seller] agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.

3.In the event of the [contractor/seller] noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.

4.The [contractor/seller] agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer.

Such notices shall state the rights of applicants and employees as well as the [contractor/seller] 's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities.

Section I - Page 5 of 7 form HUD-5370-C (01/2014)

The [contractor/seller] must ensure that applicants or employees with disabilities are provided the notice in a form that is accessible and understandable to the individual applicant or employee (e.g., providing Braille or large print versions of the notice, or posting a copy of the notice at a lower height for easy viewing by a person using a wheelchair). With respect to employees who do not work at a physical location of the [contractor/seller] , a [contractor/seller] will satisfy its posting obligations by posting such notices in an electronic format, provided that the [contractor/seller] provides computers, or access to computers, that can access the electronic posting to such employees, or the [contractor/seller] has actual know ledge that such employees otherwise are able to access the electro nically posted notices. Electronic notices for employees must be post ed in a conspicuous location and format on the company's intranet or sent by electronic mail to employees. An electronic posting must be used by the [contractor/seller] to notify job applicants of their rights if the [contractor/seller] utilizes an electronic application process. Such electronic applicant notice must be conspicuously stored with, or as part of, the electronic application.

5.The [contractor/seller] will notify each labor organization or representative of workers with which it has a collective…