qop3aac0042.pdf

u.s. Department of Housing and Urban Development

Office ofthe Chief Procurement Officer

Philadelphia Contracting Operations Branch

The Wanamaker Building

100 Penn Square East .

Philadelphia, Pennsylvania 19107-3380

August 12, 2010

Dear Offeror:

Enclosed you will a Request For Quotation (RFQ) for Multi Family Rent Comparability Studies (Mark up to Market) for various propert s located within the State of New Jersey. This contract will be for a base year and one option year. There will be a minimum of 1 order placed throughout the entire length of the contract. This will be a maximum of 19 orders placed throughout each of the contract years. Orders can be placed anytime during the performance period beginning on or after September 15, 2010.

If you are sted in quoting on this work, please . provide the following:

a completed SF-1S a narrative addressing all of the enclosed evaluation factors.

a copy of a valid New Jersey appraiser's license~

Before a contract can be awarded the contractor must be registered at the Central Contractor Registration and the Online Representations and Certifications Appl ion. Please read the directions carefully and complete these provisions as instructed.

Please return all required iriformation to me electronically no later than COB on Friday, August 27, 2010 at donna.crowley@hud.gov. If you have any questions feel free to contact me at this address or at 215-430-6720.

Please remember this is a compet ive procurement and should not be discussed with anyone else who may also be a prospect offeror.

Sincerely, Donna Crowley Contract Specialist

Enclosure

Visit our web page at http://www.hutLgovlctslctshome.html http://www.hutLgovlctslctshome.html mailto:donna.crowley@hud.gov

REQUEST FOR QUOTATIONS I THIS RFQ

Page 1 of 1 ~ IS D IS NOT A SMALL BUSINESS SET ASIDE

(THIS IS NOT AN ORDER)

1. REQUEST NO. 12. DATE ISSUED 13. REQUISITION/PURCHASE REQUEST NO: 4. CERT. FOR NAT.DEF.

RATING

II UNDER BDSA REG. 2

QOP3AAC0042 08/12/2010 R03AH0091/NJRCS AND/OR DMS REG. 1

'I

Sa. ISSUED BY U. S. DHUD Philadelphia Contracting Operations 6. DELIVER BY (Date) ii Wanamaker Building 100 Penn Square East Philadelphia PA 191073380

~) 5B. FOR INFORMATION CALL:(No collect calls) 7. DELIVERY': D FOB DESTINATION D OTHER

NAME TELEPHONE NUMBER

DONNA CROWLEY (215) 656-0674 ext3299 9. DESTINATION

Fax: (215) 656-3453

a. NAME OF CONSIGNEE

MF Newark

8. TO:

a: NAME b. COMPANY b. STREET ADDRESS.

To All Offerors One Newark Center, 13th Floor :1 c: STREET ADDRESS. c. CITY

II

Newarkil

d. CITY e.STATE f. ZIP CODE d.STATE e. ZIPCODE

I! NJ 07102-5260

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on ~FFICE ON OR BEFORE CLOSE OF BUSINESS (Date) this form and return it. This request does not commit the Goverment to pay any costs incurred in the preparation of the submission of ii 08/27/2010 this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quater.

representations and/or certifications attached to this Request for Quotations must be completed by the quater.

Any

11 SCHEDULE (Include applicable Federal State and local taxes)

ITEM NO.

(A)

SUPPLIES OR SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

0001 ,. M/F Rent Comparability Studies for the State of New Jersey

A minimum of 1 rent compo study will be ordered throughout the entire length of the contract. A maximum of 19 rent compo e studies shall be order each contract year.

DUN#: _____ TIN#: _____

S8R/FY-K/Allot-0/Reg03/Field01 86x0303 2D10 t.OO QTY

Ii a. 10 CALENDAR DAYS( %)1 b. 20 CALENDAR DAYS( %) .1 c. 30 CALENDAR DAYS(%) I d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

il

NUMBER I PERCENTAGE~I I

NOTE: Additional provisions and representations Dare D are not attached.

II 13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION 15. DATE OF QUOTATION a'! NAME OF QUOTER i!

.il b:: STREET ADDRESS 16. SIGNER

a. NAME(Type or print) b. TELEPHONE

AREA CODE

c::COUNTY d: CITY 1 e. STATE 1 f. ZIP CODE c. TITLE(Type or print) NUMBER

STANDARD FORM 18 (Rev. 6/95)

\1 A~i-05-1 0 12: 15 From- T-268 P.004/009 F-067

This is 0. request for quotes to perform multifllmily project rent compnrability studies in New

Jersey for the Philadelphia Hub of the U.S. Department of Housing and Urban Development.

The action will be a fixed-price purchase' order awarded through the trade-off process. There is a lTade off oftechllical merit and other factors in determining which offer represents the best overall value. The evaluation factors are indicated at the end of this statement of work.

This action will have a minimum of one (1) and a maximum of 19 orders. There is a possibility that several orders could be requested within a short time frame. This work will be perfonned on both insured and uninsured multifamily projects located in the state of New Jersey. The awardee must be a Certified General Appraiser, licensed and in good standing in the state ofNew Jersey. The awardee must be currently active and regularly engaged in perfonning RCSs or appraisals of multifamily housing. The awardee must mcet all requirements of the Competency Provision in the Uniform Sla.lldards of ProfeS9ional Appraisal Practice (USPAP) and have know\edgeof HUD's Section 8 Renewal Policy. The awardee must have 110 prospective or present financial interest in a Project Based Section 8 property, its ownership or management agent emity, or the principals of those entities. The awardee must not be an employee of an owner of a Project-Based Section 8 property, the management agent, or the principals of those entities or have a business or close personal/family relationship with tbose parties that would commonly be perceived to create bias or a conflict-of-interest.

The projects will conSist of more than four dwelling units and receive Project-Based Section 8 assistance.

The t1l1its could be on scattered sires that the appraiser will need to visit and assess differences in neighborhoods, condition, street appeal, services, or other cbaracteristics. Assignments may include an estimate of "as is" Market Rent or "as rehabilitated" Market Rent as of the date of the Rent Comparability Study. If the request is for an "as rehabilitated II Marker Rent, plans, specifications or work write ups will be forwarded. Market Rent is defined as rent that: ~ knowledgeable tenant would most probably puy for the Soction 8 units as of the date of the appraiser's report ihhe tenants were not receiving rental subsidies and rents were not restrieted by HUD.or other government agencies.

The time-frame for receipt ofthe deliverable will be 30-calendar days, unless otherwise agreed upon.

AUG 05' 2010 12: 11 PAGE.04

J Z.: 15 From- T-Z68 P.005/009 F-067

Statement of Work

1. "As Is" Rent Comparability Studies for HUn Mark Up to Market (MU2M) Program

A.Background & Objectives

Section 8 laws and administrative procedures require HVD obtain and review Rent Comparability Studies (RCSs) when initially renewing most Section 8 contracts and when processing Mark-up-to-MilIket (MU2M) renfjn~reases using the Operating COSt Adjustment FaCTors (OCAF). The market rents resulting from these studies determine the rents owners can receive and, hence, greatly influence whether an owner will renew and continue providing project-based assisted hOtlsing or opt-om of the Section 8 contract and convert to unassisted, market renl hOLlsing. The market rents set in these studies also drive I·IUD's outlays for Section 8 project-based subsidy. Owners hiN an appraiser a.'1d submit a RCS to l-fUD. However, in the MU2M cases, HUD must directly contract for a third-party ReS.

TroD is required to purchase a study when the owner elects to mark renlS up to market u1lder Option I of HUD's current Section 8 Renewal Policy Guide. Thisrequest seeks appraisers 10 .

prepare RCSs, according to the Section 8 Renewal Policy Guide, on these MU2M cases.

It Scope of Services,

1. The contractor shall prepare Rent Comparability Studies for Section 8 ContraclS identified by the GTR. The contractor shall prepare the study in accordance with the procedures seT fonh in Chapter 9 ofthe HUD Section 8 Renewal Policy Guide (the HUD Guide). The Guide can be found aL

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2. The contractor shaH fllrnish all personnel, material, supplies, equipment, tr!lnsportltion and facilities neces!\ury to provide the services required by this contract.

c. Tasks Required in Preparing aRCS

The contractor shall comply \\lith the most current Uniform Standards of Professional Appraisal Practice (USPAP) in the manner discussed in Chapter 9 of the Section 8 Renewal Policy Guide. The contractor shall perfoml the tasks as required in Chapter 9 of thegl.1ide. These tasks include, bur arc; no! limited to:

L Anulyzing the SUbject Section 8 property identifying unit types the RCS mUST cover and classifying unit types as primary or secondary;

inspecting the subject Section 8 property and its surrounding neighborhood;

photographing the subject and comparables;

AiJG 05 2010 12: 1 1 ,PAGE.05 http:Jmp:llwww.hlldgo,,/officeslll.o;g/mth/lJxplgllideA8rent!JV.pd

A,Ui-05-10 12: 15 From- T-2SB P,ODS/009 F-OS7 assessing the project's condition, appeal and other characteristics; and

• identifying any non-shelter services in elderly/disabled units and derennining which services are provided by the project and which are accessed through outside agencies.

2. Selecting comparables. For each primary unit rype, the contractor must try to locate five comparable units that meet the six conditions in Chapter 9. Ifth~ contractor cannot locate five properties that meet all six conditions, the contractor shall select comparables in accordance with the guidance set forth in that same chapter.

Appraisers mustjusrify using fewer than five comparablcs, rent restricted units, units outside of slIbjeds market area or units significantly dissimilar to the subject (e.g., different number of bedrooms, sn'ucture type or level of services).

3. Collecting and documenting data on compurabJes. The contrac!ormust collect data as required by Chapter 9, of the BUD Guide and document the data as required by that section of the HUD Guide. For eac.hprimQl)1 unit type, the contractor must prepare a Comparable Property Profile and a Rent Comparability Grid o-nJD 92273 S8) as set forth in Chapter 9, and the appropriate Appendix of that chapter. The profile must comai n at least the information reguired by the appendix of that chapter in the HUD Guide. The contractor must prepare the Rent Grid in accordance with the instructions in the appendix. TIle appraiser should use I·IUD's Excel tonn to prepare the Grid, unless the GTR agrees to another method of completing the Grid.

4. Computing an adjusted rent for euch primary unit type as directed in Chapter 9 of the HUD Guide. The contractor must truce care to comply with tbat chapter's directlon on non-shelter services.

5. Using the adjusted rents to derive a market rent for each unit type as directed in Chapter 9 of the Guide.

6. Preparing tbe report in the format required by tbe gUD Guide. The report must comply with the appropriate section and appendix ohhe I·IDD Guide. Narratives required in the report must be concise but contain enough information that a person not familiar with the properties and market areas involved can understand how the appraiser arrived at l1is/her conclusions. It is strongly suggested that the appraiser use the Rent Comparabiliry Smdy sample enclosed in the app€.l1dix of Chapter 9 ofrhe Guide as a model for their report.

O. Who Cun/Can't Perform The Worl~ Requested.

1. The Res mu~t be prepared by, or under the direction of, a Certified General Appraiser who meets all oftbe qualifications listed in Chapter 9 of the Guide. The appraiser must sign and take full responsibility tor the repon, but appraisal aS$ist!l.nts may contribute to any oCthe tasks If: 1) the assistant is employed by the same firm as rhe appraiser; and 2) the report identifies the roles the assistant appraiser performed.

2. Tho contractor shall not employ or subcontract with any person who is a C\lrrent or former civilian employee of the U.S. Governmem if tho employment ofthat person

AUG 05 2010 12: 1 1

PAGE.06

\ '. AUi-05-10 1Z: 16 From.' T-268 P.007/009 F-OS7 would create a conflict of interest, an appearance of any cOLrflict, or otherwise conflict with Federal or HuD ethics mles. The contractor shall be responsible for resolving any aCt\lal, or appearance of, conflict of interest and shall not rely on HUn, to resolve the iss-ue through reassignment of workload or any Olher means.

3. Key personnel who will be performing the rent comparability studies shall be listed and a copy of their license will be submitted with rhe quote package.

4. Special training or education of proposed personnel is to be included in the quote package.

E. Deliverables and Schedule Requirements

\Vjthin 30 calendar days ofreceiptof .HtJD's RCS order or within any alternate agreed upon time by the GTR, the contrnctor shall submit two sets oftlle following, in hard copy, to the GTR. The ~TR for this action is Wilbert Paccio, U.S. Deparlment of HUD. One N~wark Center, 1311 Floor, Newark NJ 07102-5260. The point of contact persoll is Frederick Shaw, his telephone number is 973-776-7275and his email address is frederick.f.shaw@hlld.gov.

Each ofthese materials must meet the applicabJe requirements of Chapter 9 ofthe Guide. If the GTR requests it, the contractor must submit the Rent Comp Grid in Excel on disk or via email. At a minimum, the deliverable must contain the elements set forth in the appropriate section of Chapter 9 of the Guide:

explonationsjor each Rent Grid)

10. Comparable Property Protlle for each Comparable (including a color pholOgraph)

F. Payment '

Payment will be made: under Prompt Payment Act procedures after \'eview and acceptance of the study by liUD's staff appraiser. There will be a 112% liq uidatcd dam~gcs assessment per day for each day Inte. This can include any days corrections :lrc needed. '

AUG 0S 2010 12: 11

PA6E.07

mailto:frederick.f.shaw@hlld.gov

AUi-05-10 12: 16 From

" T-Z68 P.008/D09 F-OS7

G. Disclosure of information

Except as specifically authorized elsewhere in this contract or as directed by the OTR or Contracting Officer, the contractor shall not disclose any information about the conditions or management of properties to any party.

H. Professional Liability Insurance; Minimum cov~.age requirement of $250,000.

n."As Rehabilitated" Rent Comparability Studies for IiUD Mark Up to Market (MlJ2M) Program

A. Background & Objectives Same as LA. above. If the owner will be doing rehabilitation on the property, a copy of the proposed rehabilitation will be provided at the time of assignment.

B. Scope of Services

As indicated in I.E. above.

C. T:isks Required in Preparing n ReS As indicated in I.C. above, but to i.nclude an estimate of "Market Rent" as of the date of the study, taking into consideration the rehabilitation planned for the property. The proposed scope of work will be provided.

D. Who Can/Can't Perrorm The Work Requested

Same as l.D. above

E. Deliverables and Scbedllle Requirements

Same as I.E. aboyo

F. Payment Information

Same as LF. above

G. Disclosure of information

Same as l.G. above

H. Professional Liability Insurance

Same as LH. above

Ill. Evaluation Factors

The following factors will be used by the Department to evaluate quotes. factor 1 is the most irnportant fac.tor, followed in ilnponance by factor 2, Factor 3 and then Factor 4. Subcontractors A and .B under Factor 3 shall be of equal importance. The offeror should carefully review these technical evaluation factors and their relative weights when preparing their response to this RFQ.

NOTE: Doc.umented evidence (II is nol enoughfor offero}·j TO claim experience. ere. They must provide evidence in Jheir respo."se. Such evidence will include app,-aisa/ repOrts and rent comp studies, references. erc).

Factor 1; Personnel qunlifications· doclImenmtion (licenses/resumes) showing the finn's personnel including the individual's relevant training, education, and work experience that qualifies them to

AUG 052010 12: 12

PAGE.08

.009/009 F-067 1Ui-05-10 12: 1 S From-conduct rem comparability srudies (this includes non-licensed appraisal assistants). Include copies of ClllTent licenses, (as indicated under 1.D. 1. and 2. of the Statement of Work) [This appli2s to "key" personnel. i.e .. Those whose contribl.l!ion 10 The conn-act effort will have a significant impact on the qualiTy oj1M ContraCTor's perjormance. The term ''personnel'' is lIslIaJly inrerpreled broadly TO include comractor employees. consultants and subconrractor employees).

. Facto." 2: .Experience - demonstrated experiences in performing work that is required by this purchase order. The offeror shall provide evidence of the offeror's (Le., the finn':; or organization's) principal officers', Icey personnel's, predecessor companies', andlor affiliates' of the offeror prior and current experience in perfonning rent comparability STUdies. The technical proposal must state the offeror's weekly, monthly. and yearlyworklo<ld capacity. The proposal must demonstrate the offeror'S familiarity with the BUD forms and guidebooks listed in the RlQ.

. Factor 3: Past Performance· demonstrated record, as confirmed by references. The offeror shall provide evidence of the offeror's past performance ill acc.omplishing work - including meeting delivery dates and schedules. The offeror's past perfom1ance record shall demonstrate the knowledge of camp swdy principles and procedures and the capability to perform this type of service. The quote shall identify accomplisnmems in the areas indicated below.

Subfactor 1: Qualiry of work performed

Subfactor 2: Timeliness ofperfonnal1ce

Factor 4: Cost - prico that presents the gl'eatest value to the govemment.

AUG 05 2010 12:12

PAGE.a9

SAP PROVISIONS AND CLAUSES FOR THE PURCHASE OF SERVICES

AND SUPPLIES OVER $3,000

To indicate the applicability of certain optional provisions/clauses, check the adjacent boxes

SOUCITATlOII PROVISIONS

52.204-8 Annual Representations and Certifications (Jan 2006)

(a) . a) (1) The North American Industry classification System (NAICS) codc for this acquisition is 56/.3:lb [insert NAICS code).

(2) The small business size standard is 1· 0tn, \ [insert size standard).

(3) The small business size standard for a eoncern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) lithe clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, ·and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one ofthe following boxes:

[] (i) Paragraph (c) applies.

[] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date ofthis offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offiror to insert changes, identifying change by clause. number, title, date}. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted . on ORCA.

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and·effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identity the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronicallyat this/these addresses:

Federal Acquisition Regulations Clauses and Provisions: http://www.arnet.gov/far/ U.S. Dept. of BUD Regulations Clauses and Provisions: http://www.hud.gov/offices/cpo/hudar.cfm

~217-5 Evaluation of Options (JUL 1990) 52.222-21 Prohibition of Segregated Facilities (FEB 1999)

PURCHASE ORDER GEIIERAL CLAUSES

FAR 52.204-7 Central Contractor Registration (JUL 2006)

(a) Definitions. As used in this clause

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identity unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that maybe assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart

SAP>3000-04 30 07 1 of 6 http://www.hud.gov/offices/cpo/hudar.cfm http://www.arnet.gov/far http:http://orca.bpn.gov

32.11) for the same parent concern.

"Registered in the CCR database" means that

(I) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to inelude validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(I) By submission of an offer, the offeror acknowledges.the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through.final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the .

DUNS or DUNS+4 number that identifies the offeror's name and address. exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(I) An offeror may obtain a DUNS number

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to awii,rd to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(t) The Contraetor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions ofthis contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum ofone business day's written notification of its intention to:

SAP>3000-04 30 07 2 of 6 http:http://www.dnb.com

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by theresponsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(I)(i) of this clause, or fails to perform the agreement at paragraph (g)(1 )(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or marlUal payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.213-4 -- Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items). (MAR 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).(vi) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.

L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Pro~pt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Mar 2007).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(I) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) .

(ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.c. 4212) (Applies to contracts of$100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.c. 4212) (Applies to contracts of $ 100,000 or more).

(vi) 52.222-41, Service Contract Act of 1965, As Amended (Jul 2005) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wade Island, or the outer continental shelf lands).

vii 52.223-5, Pollution Prevention and Ri ht-to-Know Information Au

SAP>3000-04 30 07 3 of 6 http:http://www.ccr.gov facilities).

(viii) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. lOa-lOd) (Applies to contracts for supplies, and to contracts for services involving the furnishing ofsuppJies, for use within the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)

(ix) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source ofEFT information. )

(x) 52.232-34, Payment by Electronic Funds Transfer-other than Central COl}tractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source ofEFT information.)

(xi) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241). Applies to supplies transported by ocean vessels (exceptfor the types of subcontracts listed at 47 .504( d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery ofExcess Quantities (Sep 1989) (Applies to fixed-price supplies).

(iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is Lo.b. origin).

(iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is Lo.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reforence (Feb /998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text ofa clause may be accessed electronically at this/these address( es):

[Insert one or more Internet addressesJ= http;llfarsite.hill.afmillvjJara.htm

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights -

(I) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition ofthe item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notity the Contracting Officer in writing as soon as it is reasonably possible after the commencement ofany excusable delay, settingforth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms oftp.is contract, the Contractor shall be paid a percentage ofthe contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event oftennination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. lfit is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

2452.203-70 Prohibition Against the Use of Federal Employees (FEB 2006).

2452.209-72 Organizational Conflicts ofInterest (APR 1984)

2452.222-70 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (JUL 1988)

[~52.239-71 Information Technology Virus Security (FEB 2006)

(a) The contractor hereby agrees to make every reasonable effort to deliver information technology products to HUD free of known computer viruses.

The contractor shall be responsible for examining all such products prior to their delivery to HUD using software tools and processes capable of detecting all known viruses.

(b) The contractor shall include the following statement on deliveries of hardware, software, and data products, including diskettes, made under this contract:

fproduct description, part/catalog number, other identifier, and serial number, ifany]

This product has been scanned for known viruses using' [name of virus-screening product, including version number, if any] and is certified to be free of known viruses at the time of delivery."

(c) The Contracting Officer may assess monetary damages against the contractor sufficient to compensate HUD for actual or estimated costs resulting from computer virus damage or malicious destruction of computer information arising from the contractor's failure to take adequate precautions to preclude delivery of virus-containing products in the delivery of hardware, software, or data on diskettes under this contract.

(d) This clause shall not limit the rights of the government under any other clause of this contract.

52.219-6 Notice of Total Small Business Set-Aside (Jun 2003)

SPECIFIC SUPPLY' CLAUSES

[/s'}d'i3-2 . Invoices. (APR 1984) v62.243-1 Changes - Fixed-Price. (AUG 1987)

. SPECIFIC SERVICE CLAUSES[~2.237-70 Key personnel (FEB 2006)

a) Definition. "Personnel" means employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities.

(b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Key personnel shall perform as follows: [List Key'Personnel and/or positions, and tasks, percentage ofeffort, number ofhours, etc., for which they are responsible, as applicable.]

name] or a successor designated by the Contracting Officer. The Contracting Officer will notify the contractor in writing of any change to the current GTR's status or the designation of a successor GTR.

(b) The GTR will provide guidance to the contractor on the technical performance of the contract. Such guidance shall not be of a nature which:

(1) Causes the Contractor to perform work outside the scope of the contract;

(2) Constitutes a change as defined in FAR 52.243-1;

(3) Causes an increase or decrease in the cost of the contract;

(4) Alters the period of performance or delivery dates; or,

(5) Changes any of the other express terms or conditions of the contract.

(c) The GTR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five calendar days after o~issuance. The GTR may issue such pUidanye via telephone facsimile or electronic mail.

. r:el'nt 0 ~ C Or\--tCA<:.-i So r~J ~ ~~ Freci-e..r'i"c...1< Shaw (j2/173~ 77b-/~7S [l¥52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least da s 60 da s unless a different number of da s is inserted before the contract ex ires. The relimin notice does not commit the

SAP>3000-04 30 07 5 of 6

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(b) The total duration of this contract, including the exercise of any options under this clause, shaH not exceed _____ (months)(years).

[] 52.22242 Statement of Equivalent Rates for Federal Hires (MAY 1989) .... this clause identifies the classes ofservices employees expected to be employed under the contract and states the wage and fringe benefits payable to each if they were employed by the contracting agency

This Statement is/or Information Only. It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits Employee Class Monetary Wage-Fringe Benefits

[ ] 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts). (NOV 2006) 52.243-1 Changes-Fixed Price Alternate I (APR 1984)

INDEFINITIE QUANTITYI INDEFINITE DELIVERY' CLAUSES

~16-18 Ordering (OCT 1995) (a) .... orders may be issued from __through __" _(insert dates) .

(] 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Gov't requires ... in an amount ofless than (insert $ or Qty) the Gov't is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor

(I) Any order for a single item in excess (insert $ or Qty);

(2) Any order for a combination of items in excess (insert $ or Qty);

(3) Series oforders... within days that quantities exceeding the limitation in subparagraph (b)(l) or (2) of this section.

(d) ... Contractor shall honor any order exceeding the maximum order (b) unless that order( s) is returned within days after issuance

I. I 52.216-20 Definite Quantity (OCT 1995) (d) .... the Contractor shall not be required to make any deliveries ... (insert date).

11 52.216-21 Requirements (OCT 1995) (d) .... the Contractor shall not be required to make any deliveries ... date)

Indefinite Quanti

SAP>3000-04 30 07 60f 6