q0p3aac0043.pdf

U.S. Department of Housing and Urban Development Office of the Chief Procurement Officer Philadelphia Contracting Operations Branch The Wanamaker Building 100 Penn Square East Philadelphia, Pennsylvania 19107-3380

August 17, 2010

Dear Of ror:

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

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

a completed SF-18 a narrative addressing all of the enclosed evaluation factors.

a copy of a valid Delaware and Pennsylvania 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 Application. Please read the directions carefully and complete these provisions as instructed.

Please return all required information to me electronically no later than COB on Wednesday, September 1, 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 competitive procurement and should not be discussed with anyone else who may also be a prospective offeror.

Sincerely, Donna Crowley Contract Specialist

Enclosure

Visit our web page at http://www.hud.gov/cts/ctshome.htmi http://www.hud.gov/cts/ctshome.htmi mailto:donna~crowley@hud.gov

REQUEST FOR QUOTATIONS ITHIS RFQ ~IS IS NOT A SMALL BUSINESS SET ASIDE Page 1 of 1

(THIS IS NOT AN ORDER)

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

RATING

UNDER BDSA REG. 2

QOP3AAC0043 08/16/2010 R03AH0089/PHILARCS AND/OR OMS REG. 1

5a. ISSUED BY U. S. DHUD Philadelphia Contracting Operations 6. DELIVER BY (Date)

Wanamaker Building 100 Penn Square East Philadelphia PA 191073380

5B. FOR INFORMATION CALl:(No collect calls) 7. DELIVERY

OTHERFOB DESTINATION

NAME TELEPHONE NUMBER

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

a. NAME OF CONSIGNEE Fax: (215) 656-3453 Multifamily Housing Philadelphia HUB-

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS.

To All Offerors Wanamaker Building 100 Penn Square East

c. STREET ADDRESS. c. CITY

Philadelphia

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

PA 19107-3380

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING IMPORTANT : This is a request for information, and quotations furnished are not offers. If you are unable 10 quote, please so indicate on OFFICE 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

09/01/2010 this quota lion or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations andlor certifications atlached to this Request for Quotations must be completed by the quoler.

11 SCHEDULE (Include applicable Federal Slate and local taxes)

ITEM NO.

(A)

SUPPLIES OR SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRI

(E)

CE AMOUNT

(F) de comp stUdy south eastern pa north west pa

A minimum of 1 & a maximum of .Iq studies 'wi11' be awarded througout the entire length of1the purchase order.

Base year 9/15/10 - 9/14/11; Option year 1 9/15/11 - 9/14/12.

The unit prices quoted will be used for the base and option years, DUN#:

TIN#:

1. 00

1. 00

1.00

I

QTY

QTY

QTY

~I

a. 10 CALENDAR DAYS( %)

12. DISCOUNT FOR PROMPT PAYMENT

b. 20 CALENDAR DAYS( %) c. 30 CALENDAR DAYS(%) d. CALENDAR DAYS

NUMBER I PERCENTAGE

NOTE: Additional provisions and representations 0 are 0 ara not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION 15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16 SIGNER

a. NAME(Type or print) b. TELEPHONE

AREA CODE

c.COUNTY

d. CITY Ie. STATE If: ZIP CODE c. TITLE(Type or print) NUMBER

STANDARD FORM 16 (Rev. 6195)

This is a request for quotes' to perform multifainily project rent comparability studies in Delaware and Pennsylvania for the Philadelphia Hub of the U.S. Department ofHousing and Urban Development.

The action will be a fixed-price purchase order awarded through the trade-off process. There is a trade off of technical 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 performed on both insured and uninsured multifamily projects located in the state of Delaware and Pennsylvania (see attached list of counties). The awardee must be a Certified General Appraiser, licensed and in good standing in the state of Delaware and Pennsylvania. The awardee must be currently active and regularly engaged in performing RCSs or appraisals of multifamily housing. The awardee must meet all requirements of the Competency Provision in the Uniform Standards of Professional Appraisal Practice (USPAP) and have kuowledge of HUD's Section 8 RenewalPolicy. The'awardee must have no prospective or present financial interest in a Project Based Section 8 property, its ownership or management agent entity, 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 those 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 units could be oil scattered sites that the appraiser will need to visit and assess differences in neighborhoods, condition, street appeal, services, or other characteristics. 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" Market Rent, plans, specifications or work write ups will be forwarded. Market Rent is defined as rent that a knowledgeable tenant would most probably pay for the Section 8 units as of the date of the appraiser's report if the tenants were not receiving rental subsidies and rents were not restricted by HUD or other government agencies.

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

Statement of Work

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

A. Background &, Objectives

Section 8 laws and administrative procedures require HUD obtain and review Rent Comparability Studies (RCSs) when initially renewing most Section 8 contracts and when processing Mark-up-to-Market (MU2M) rent increases using the OperatingCost 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 housing or opt-out of the Section 8 contract ~md convert to unassisted, market rent housing. The market rents set'in these studies also drive HUD's outlays for Section 8 project-based subsidy. Owners hire an appraiser and submit a RCS to HVD. However, in the MU2M cases, HUD must directly contract for a third-party RCS.

HUD is required to purchase a study when the owner elects to mark rents up to market under Option I ofHUD's current Section 8 Renewal Policy Guide. This request seeks appraisers to prepare RCSs, according to the Section 8 Renewal Policy Guide, on these MU2M cases.

B. Scope of Services

1. The contractor shall prepare Rent Comparability Studies for Section 8 contracts identified by the GTR. The contractor shall prepare the study in accordance with the procedures set forth in Chapter 9 of the HUD Section 8 Renewal Policy Guide (the HUD Guide). The Guide can be found at http://www.hudgov/offices/hsg/mth/explguide/s8renew.pdf

2. The contractor shall furnish all personnel,materi':ll, supplies, equipment, transportation and facilities necessary to provide the services required by this contract.

C. Tasks Required in Preparing aRCS

The contractor shall comply with 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 perform the tasks as required in Chapter 9 of the guide. These tasks include, but are not limited to:

1. Analyzing 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;

http://www.hudgov/offices/hsg/mth/explguide/s8renew.pdf

• assessing the project's condition- appeal and other characteristics; and

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

2. Selecting comparables. For each primary unit type, the contractor must try to locate five comparable units that meet the six conditions in Chapter 9. If the 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 must justify using fewer than five comparables, rent restricted units, units outside of subject's market area or units significantly dissimilar to the subject (e.g., different number of bedrooms, structure type or level of services).

3. Collecting and documenting data on comparables. The contractor must collect data as required by Chapter 9, of the HUD Guide and 90cument the data as required by that section of the HUD Guide. For each primary unit type, the contractor must prepare a Comparable Property Profile and a Rent Comparability Grid (RUD 92273 S8) as set forth in Chapter 9, arid the appropriate Appendix of that chapter. The profile must contain at least the information required by the appendix of that chapter in the HUD Guide. The contractor must prepare the Rent Grid in accordance with the instructions in the apperidix. The appraiser should use HUD's Excel form to prepare the Grid, unless the GTR agrees to another method of completing the Grid.

4. Computing an adjusted rent for each primary unit type as directed in Chapter 9 of the ROD Guide.'The contractor must take care to comply with that chapter's direction 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 the report in the format required by the HUD Guide. The report must comply with the appropriate section and appendix of the HUD 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 his/her conclusions. It is strongly suggested that the appraiser use the Rent Comparability Study sample enclosed in the appendix of Chapter 9 of the Guide as a model for their report.

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

1. The RCS must be prepared by, or under the direction of, a Certified General Appraiser who meets all of the qualifications listed in Chapter 9 of the Guide. The appraiser must sign and take full responsibility for the report, but appraisal assistants may contribute to any of the tasks if: 1) the assistant is employed by the same firm as the appraiser; and 2) the report identifies the roles the assistant appraiser performed .

.·2. The contractor shall not employ or subcontract with any person who is a current or former civilian employee of the U.S. Government if the employment of that person would create a conflict of interest, an appearance of any conflict, or otherwise conflict with Federal or HUD ethics rules. The contractor shall be responsible for resolving any actual or appearance of a conflict of interest and shall not rely on HUD to resolve the issue through reassignment of workload or any other 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 the quote package.

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

E. Deliverables and Schedule Requirements

Within 30 calendar days of receipt of HUD's RCS order or within any alternate agreed upon time by the GTR, the contractor shall submit two sets of the following, in hard copy, to the GTR. The GTR for this action is Wesley Neal, U.S. Department ofHUD, The Wanamaker Building, One Penn Square East, Philadelphia, PA 19107. Questions should be addressed to point of contact person who is Kwabena Owusu-Banahene, his telephone number is 215-861 7572and his eIp.ail address is kwabena.owusu-banahene@hud.gov. Each of these materials must meet the applicable requirements of Chapter 9 of the 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:

explanations for each Rent Grid)

10.. Comparable Property Profile for each Comparable (including a color photograph)

1 L Appraiser's Certification

12. Appraiser's License (only if relying upon temporary license)

F. Payment

Billings must be submitted on Standard Form, SF 1034 (original and 2 copies) on a per RCS basis. Payment will be made under Prompt Payment Act procedures after review and acceptance of the study by HUD's staff appraiser. There will be a 1/2 % liquidated damages assessment per day for each day late. This can include any days corrections are needed.

mailto:kwabena.owusu-banahene@hud.gov

G. Disclosure of information.

Except as specifically authorized elsewhere in this contract or as directed by the GTR 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 coverage requirement of $250,000.

II. "As Rehabilitated" Rent Comparability Studiesfor HUD Mark Upto Market (MU2M) 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 LB. above.

C. Tasks Required in Preparing aRCS As indicated in I.e. above, but to include 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 Perform The Work Requested

Same as I.D. above

E. Deliverables and Schedule Requirements

Same as I.E. above

F. Payment Information

Same as I.E above

G. Disclosure of information

Same as LG. above

H. Professional Liability Insurance

Same as I.H. above

III. Evaluation Factors

The following factors will be used by the Department to evaluate quotes. Factor 1 is the most important factor, followed in importance 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: Documented evidence (It is not enoughfor offerors to claim experience, etc. They must provide evidence in their response. Such evidence will include appraisal reports and rent comp studies, references, etc).

Factor 1: Personnel qualifications - documentation (licenses/resumes) showing the firm's personnel including the individual's relevant training, education, and work experience that qualifies them to conduct rent comparability studies (this includes non-licensed appraisal assistants). Include copies of current licenses, (as indicated under ID. 1. and 2. of the Statement of Work) [Tfzis applies to "key" personnel, i.e., those whose contribution to the contract effort will have a significant impact on the quality ofthe contractor's performance. The term "personnel" is usually interpreted broadly to include contractor employees, consultants and subcontractor employees).

Factor 2: Experience - demonstrated experiences in performing work that is required by this purchase order. The offeror shall provide evidence ofthe offeror's (Le., the firm's or organization's) principal officers', key personnel's, predecessor companies', and/or affiliates' of the offeror prior and current experience in performing rent comparability studies. The technical proposal must state the offeror's weekly, monthly, and yearly workload capacity. The proposal must demonstrate the offeror's familiarity with the HOD forms and guidebooks listed in the RFQ.

Factor 3: Past Performance - demonstrated record, as confirmed by references, The offeror shall provide evidence of the offeror's past performance in accomplishing work - including meeting delivery dates and schedules. The offeror's past performance record shall demonstrate the knowledge of comp study principles and procedures and the capability to perform this type of service. The quote shall identity accomplishments in the areas indicated below.

Subfactor 1: Quality of work performed

Subfactor 2: Timeliness of performance

Factor 4: Cost - price that presents the greatest value to the government.

GEOGRAPHICAL

North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West South East South East South East South East South East South East South East South East South East South East South East South East South East South East South East South East South East

COUNTY NAME STATE

Tioga PA Bradford PA Susquehanna PA Wayne PA Pike PA Lackawanna PA Wyoming PA Luzerne PA Su'llivan PA Lycoming PA Clinton PA Centre PA Union PA Montour PA

·Columbia PA North Umberland PA Snyder PA Mifflin PA Juniata PA Perry PA Cumberland PA Franklin PA Adams PA Monroe PA Carbon PA Northampton PA Lehigh PA Schuylkill PA Dauphin PA Lebanon Berks PA Lancaster PA York PA Chester PA Montgomery PA Delaware PA Bucks PA Philadelphia PA Kent DL New Castle DL Sussex DL

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

SOLICITATIOII PROWSIOIIS

52.204·8 Annual Representations and Certifications (Jan 2006)

(a) a) (I) The North American Industry classification System (NAlCS) code for this acquisition i;S-3 )3;(6 [insert NAICS code).

(2) The small business size standard is '1-0 mil [insert size standard).

(3) The small business si:z;e standard for a concern 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) (I) If the clause at 52.204-1, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-1 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 of the 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 viathe 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 4.120 I); except for the changes identified below [offeror 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 ofthose provisions, the offeror may identifY 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 AcqUisitionRegulations Clauses and Provisions: http://www.arnet.gov/far/ U.S. Dept. of HUD Regulations Clauses and Provisions: http://www.hud.gov/offices/cpo/hudar.cfm

~11-5 Evaluation of Options (JUL 1990) 52.222-21 Prohibition of Segregated Facilities (FEB 1999)

PURCHASE ORDER GEIlERJlL 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, Ine. (1)&B) to identifY 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 may be 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

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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 include 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) Ifthe 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:

0) Company legal business name.

Oi) 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 officerlkey 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 award 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 ofthis solicitation.

(f) The Contractor is responsible for the accuracy and completeness ofthe 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 of this contract and is not a substitute for a properly executed contractual document.

(g) (I)

(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 of one business day's written notification of its intention to: .

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(A) Change the name in the CCR database;

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

(C) Agree in writing to the time line and procedures specified by the responsible 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)(J)(i) of this clause, or fails to perform the agreement at paragraph (g)(l )(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 co.nsidered to be incorrect information within the meaning of the "Suspension ofPayment" 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 manual 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 ofpayment" 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 oflaw or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition ofSegregated Facilities (Feb 19(9) (E.O. 11246).

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

(v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).(vi) 52.233-4, Applicable Law for Breach ofContract 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 Prompt Payment (Feb 2(02). (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:

(1) 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 0[$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 (JuI2005) (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 shelflands).

vii 52.223-5, Pollution Prevention and Ri ht-to-Know Information Au http:http://www.ccr.gov

I I I facilities).

(viii) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-lOd) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use within the United States or its outlying areas, if the value ofthe supply contract or supply portion ofa 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 Contractor 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 of EFT information.) '1

(xi) 52.247-64 Preference for Privately OwnedUS.-Flag Commercial Vessels (Feb 2006) (46 US.C. Appx 1241). Applies to supplies transported by ocean vessels (except for 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 of Excess Quantities (Sep 1989) (Applies to fixed-price supplies).

(iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies ifdelivery is f.o.b. origin).

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

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). 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 addressees):

[Insert one or more Internet addressesJ= http://farsite.hill.afmillvffara.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 of the 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 ofGod or the public enemy, acts ofthe Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays ofcommon carriers. The Contractor shall notifY the Contracting Officer in writing as soon as it is reasonably possible a!ter the commencement ofany excusable delay, setting forth 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 ofsuch 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 ofthis contract, the Contractor shall be paid a percentage of the 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 kccping 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 of termination 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. If it 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 of Interest (APR 1984)

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

I )2452.239-71 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, partlcatalog 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

~.213-2 Invoices. (APR 1984)

52.243-1 Changes - Fixed-Price. (AUG 1987)

SPECIFIC SERVICE CLAUSES

11,Y'i452.237-70 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.]

2452.237-73 Conduct Of Work And Technical Guidance (OCT 1999) N I

(a) The Government Technical Representative (GTR) for liaison with the Contractor as to the conduct of work is W&S5 ea [insert 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 oral issuance. The GTR may issue such guidance via telephone facsimile or electronic mail.

0s2.217-9 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 ext~nded 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, shall not exceed _____ (months )(years).

II 52.222-42 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 isfor Information Only. It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits Employee Class Monetary Wage-Fringe Benefits

II 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)

INDEFINITE QUANTITY/INDEFINITE DELIVERY CLAUSES

[] 52.216-18 Ordering (OCT 1995) (a) .... orders may be issued from through __(insert dates).

[I 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Gov't requires .., in an amount of less 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

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

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

(3) Series of orders ... within days that together call for quantities exceeding the limitation in subparagraph (b)(l) or (2) ofthis seetion.

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

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

[1 52.216-21 Requirements (OCT 1995) (d) .... the Contractor shall not be required to make any deliveries ... after ___ (insert date)

52.216-22 Indefinite Quanti