R-PHI-01118.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER

DPAS (15 CFR 700) ►

RATING

PAGE OF

PAGES

1 50

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

R-PHI-01118

4. TYPE OF SOLICITATION 5. DATE ISSUED

10/28/2010

6. REQUISITION/PURCHASE

NUMBER

R-2010-L-00045

SEALED BID (IFB)

X NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (if other than Item 7)

Shelli J. Porter

Shelli.Porter@hud.gov

U.S. Dept. of HUD, Philadelphia Contracting Operations 100 Penn Square East Philadelphia, PA 19107 NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Offers must be submitted electronically to the Contract Specialist at Shelli.Porter@hud.gov no later than 4:00pm EST on Wednesday, December 15, 2010. CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No.

52.214-7 or 52.315-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL: ►

A. NAME

Shelli J. Porter

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Shelli.Porter@hud.gov 215-430-6721

11. TABLE OF CONTENTS

(X) SEC

DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM

I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT

J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV – REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

K REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA

L INSTRS., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS

M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeor) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8) ►

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR:

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE – ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AREA

CODE

NUMBER

EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

See Page Two

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO:

CFO-CommercialPayments@hud.gov

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

HUD CFO Accounting Center

26. NAME OF CONTRACTING OFFICER

27. UNITED STATES OF AMERICA

28. AWARD DATE

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SERVICES

The purpose of this contract is to develop a Healthy Community Index and a related Healthy Community Assessment Tool, and to pilot the Tool's use in four cities selected by HUD.

B.2 CONTRACT TYPE

This is a firm fixed price contract as defined in Subpart 16.202 of the Federal Acquisition Regulations

(FAR).

B.3 PRICING SCHEDULE

The Contractor shall be paid, as full compensation for the services required, performed, and accepted under this contract, inclusive of all costs and expenses, the applicable firm fixed unit prices as stated below:

CLIN BASE YEAR

OPTION YEAR

ONE

OPTION YEAR

TWO

CLIN 1, Develop a Management and Work Plan

CLIN 2, Develop a Healthy Community Index

CLIN 3, Develop a Healthy Community Assessment Tool

CLIN 4, Pilot the HCA Tool in Selected Cities

CLIN 5, Reporting

TOTAL

TOTAL, BASE + OPTIONS

NOTE: Not all CLINs and will require prices for all contract years.

SECTION C – Statement of Objectives

I. Background Statement and Need for Services

The mission of the Office of Healthy Homes and Lead Hazard Control is to provide safe and healthy homes for all families and children by addressing housing conditions that threaten the health of residents, coordinating disparate health and housing agendas, supporting key research, targeting enforcement efforts, and providing tools to build sustainable local programs that mitigate housing-related health hazards. OHHLHC supports this mission by assisting States and local governments to remedy the unsafe housing conditions and the acute shortage of decent and safe dwellings for low income housing.

Many health and safety hazards in the home are preventable. The Healthy Communities Transformation Initiative builds upon the Office of Healthy Homes and Lead Hazard Controls existing activities in housing-related health and safety issues - including lead hazard control, structural safety, electrical safety, and fire protection - to address multiple hazards and childhood diseases and injuries in the home including: mold, allergens, asthma, carbon monoxide, home safety hazards, pest infestations, pesticides exposure, and radon. The HH Program takes a holistic approach to these activities by addressing housing-related hazards in a coordinated fashion, rather than a categorical, single hazard approach. To direct these efforts, HUD developed a preliminary plan of baseline research and demonstration projects for the HHI with the assistance of a panel of nationally-recognized experts from the private sector and federal, state, and local governments. HUD updated this initial plan by drafting the Healthy Homes Strategic Plan, available at www.hud.gov/healthyhomes, to serve as a road map for the HH Program as it moves forward. The HH Strategic Plan will help ensure that program activities are focused and effective in achieving program goals and in supporting HUD’s mission.

HUD believes that a healthy community requires prevention-focused systems and community environments that work together to produce optimal health across the life span. When these systems and environments are supportive, the result is a community in which individuals can more easily engage in healthy behaviors. Healthy children are products of supportive environments and caring families, so the health of children reveals much about the health of the communities in which they live. We therefore believe that the sentinel indicators of a healthy community are children and youth who are healthy, safe and ready to learn. Low-income families and communities are disproportionately affected by a host of negative environmental health issues; thus making communities healthy for the most vulnerable is a matter of urgency if the Department is to achieve its Strategic Goal to: Utilize Housing as a Platform for Improving the Quality of Life. Specifically focusing on utilizing HUD assistance to improve health outcomes

This proposal will launch the “Healthy Community Transformation Initiative” project, a 3-year, targeted effort designed to improve housing as well as the health systems and the physical, social, economic and service structures that support healthy living and healthy behaviors in pilot cities. Four goals will guide the project:

Health systems are family centered and prioritize prevention Schools anchor communities, promote healthy behaviors and are a gateway for resources and services.

Human services systems are family-centered, prioritize prevention and promote opportunities for children, young adults and their families.

Physical, social and economic environments in local communities support health.

These goals are informed by the fact that housing related health problems are intrinsically linked to poverty, employment, education, child development, homelessness, the environment and other issues. The Department will provide technical assistance and capacity building support to develop and implement holistic strategies to improve health conditions at the neighborhood level through the development and application of standardized healthy community criteria. At present there is no unified national effort to define criteria, support further research, showcase promising practices, provide technical assistance or scale successful strategies regarding healthy communities. For local communities and Native American Tribes we need to provide resources to utilize national experts and facilitate peer learning opportunities for integrating healthy community criteria into current policies and programs. For federal agencies, we need to enable an interagency work process and learning experience to define and flesh out a national commitment to creating healthy communities.

This project should result in the development of a standardized Healthy Community Index (HCI) and accompanying HCI Assessment Tool that is evidence-based and easily implemented.

The Department will consult broadly with other federal agency staff and outside experts in developing the deliverables of this Initiative. The HCI should foster greater understanding of how community-level factors influence health, integrate policies and programs that facilitate healthier communities, and promote long-term improvements in the health of communities and their residents.

The Municipal Research and Services Center of Washington offers the following definition of a Healthy Communityi:

…a healthy community [is] one which includes those elements that enable people to maintain a high quality of life and productivity. Some of the elements… include access to health care services that focus on both treatment and prevention for all members of the community; a safe community; the presence of roads, schools, playgrounds, and other services to meet the needs of the people in that community; and a healthy community has a healthy and safe environment.

Please see the Appendix for additional references and resources.

II. Objectives

The objective of this Task Order is to provide HUD with expert services to fulfill key programmatic goals of this Healthy Communities Transformation Initiative project. These objectives include:

1) Provide a greater understanding of how community level factors including housing, influence health.

2) Research and develop a standardized national criteria, the Healthy Community Index;

3) Develop an associated HCI tool with evidenced-based factors to accompany the HCI;

4) Develop protocols and guidance for the use and application of the Healthy Community Index;

5) Test the tools and index in the OHHLHC selected pilot sites and report on the test sites;

6) Provide recommendations to HUD on ways to promote and integrate the HCI;

7) Recommend ways that technical assistance and capacity building for the HCI can be delivered.

III. Statement of Work

CLIN 1: Develop a Management and Work Plan

The Contractor shall meet with HUD to hold a “kick off” meeting and to discuss the overall strategy proposed to carry out this assignment and ensure mutual agreement on the project scope. The Contractor shall then prepare a management and work plan for this project for HUD’s review and approval. This work plan should include:

a detailed approach to ensure successful and timely completion of this project a description of the tasks necessary to meet the objectives of this Task Order a description of how research or data gaps will be identified the staff that will be responsible for completion of each task the project management structure a schedule for completion of the major tasks

The Management and Work Plan shall be presented to HUD for review and approval.

CLIN 2: Develop a Healthy Community Index

The Contractor shall develop an evidence-based set of criteria to establish the basis for the Healthy Community Index.

The Contractor shall develop recommendations from the NAP, including input from HUD, to establish criteria for what constitutes a “Healthy Community”. The following topics may serve as a starting point:

o Environmental Quality o Housing Quality o Opportunities for Exercise o Availability of Affordable/Nutritious Food o Employment Opportunities o Education: Availability and Quality of Education.

o Health Care: Availability and Adequacy o Crime and Violence o Community Services: Availability and Quality o Transportation: Availability and Adequacy

CLIN 3: Develop a Healthy Community Assessment Tool

The Contractor will develop an evidence-based Healthy Community Assessment Tool (the tool), utilizing other existing tools, related guidance and professional judgment, to create a rating system that is relatively easy to use and which could be widely applied. The Contractor shall provide thorough documentation identifying the basis for the criteria that are incorporated into the tool. The tool must allow communities to identify areas of critical need in order to establish priorities for the targeting of resources. The tool must generate results that clearly provide community ratings on the various criteria that are incorporated into the HCI.

CLIN 4: Pilot the Healthy Community Assessment Tool in Selected Cities

A. The Contractor shall pilot the tool in four communities determined by HUD. The Contractor shall provide direct funding, technical assistance and training, utilizing members of the National Advisory Panel, to assist pilot communities to implement the tool. The pilot cities are: San Francisco, Denver, Boston, and Charleston

B. The Contractor shall identify and train local organizations in each community on the application of the

Healthy Communities Assessment Tool. The Contractor shall develop a structured approach for assessing the usability of the tool, the utility of the output from the tool, and revise it based on the results of the assessment.

C. The Contractor shall utilize the data from the pilot cities use of the assessment tool to complete the

Healthy Community Index.

CLIN 5: Periodic Reporting and Final Report

The Contractor must participate in bi-weekly meetings with HUD/OHHLHC staff, and prepare and submit quarterly reports to HUD OHHLHC to document progress due 10 days after the end of the calendar quarter. For each CLIN, the Contractor shall draft a brief report that conveys the deliverable(s) and provides description of the process followed in creating the product. The final reports should identify any significant obstacles encountered in completing the tasks and make recommendations for follow-up work (e.g., suggest updating the product based on specific milestone events or on a recommended schedule, additional recommended refinements of the product, obstacles to adoption, etc.).

For each CLIN, the Contractor shall submit a draft report covering the items mentioned above. After review and approval by HUD OHHLHC, the Contractor shall prepare and submit the final report.

IV. SCHEDULE AND DELIVERABLES:

TABLE OF SCHEDULE AND DELIVERABLES

TASK DELIVERABLE SCHEDULE

CLIN 1 Kick Off Meeting and Work Plan To Be Completed At Contract Award

CLIN 2 Develop Healthy Community Index To Be Completed At Contract Award

CLIN 3 Develop a Healthy Community Assessment Tool To Be Completed At Contract Award

CLIN 4 A Provide funding and technical assistance to field test the Healthy Community Assessment Tool at pilot sites

To Be Completed At Contract Award

CLIN 4 B Provide training of the tool in pilot sites To Be Completed At Contract Award

CLIN 4 C Incorporate data from pilot sites into the Healthy Community Index

To Be Completed At Contract Award

CLIN 5 Quarterly Reporting Final Report

To Be Completed At Contract Award

Appendix – References and Resources

Organizations Promoting Healthy Communities “Various strategies for healthy communities have been advocated for many years by several organizations. They include:

Center for Livable Communities - The Center for Livable Communities is a national initiative of the Local Government Commission (LGC). A nonprofit, nonpartisan, membership organization of elected officials, city and county staff, and other interested individuals throughout California and other states, the Local Government Commission helps local governments identify and implement solutions to today's problems.

CityNet - CityNet is a World Health Organization (WHO), Collaborating Center in Healthy Cities. CityNet's Mission is to provide information that will encourage communities to build a safe and healthy environment within urban areas.

Healthy Communities Initiatives - Over the past ten years, the National Civic League has been helping communities across the country pull together to improve their quality of life. The NCL staff can assist communities by providing training in healthy communities principles, practices & tools; designing and facilitating short and long-term healthy communities planning projects; helping communities create a shared vision for the future by engaging citizens, local government, business and non-profits; and connecting communities to a national network of healthy communities innovators at the local, state and national levels.

International Healthy Cities Foundation - The International Healthy Cities Foundation was created to assist people and groups from many different sectors. The mission of the IHCF is to facilitate linkages among people, issues and resources in order to support the development of Healthy Cities initiatives.

Sustainable Communities Network - The SCN website connects citizens with the resources they need to implement innovative processes and programs to restore the economic, environmental, and social health and vitality of their communities. It addresses a wide range of issues related to community sustainability, including creating communities, living sustainably, and governing communities. In addition it offers case studies, resources, links to relevant websites, events calendar, and suggested reading. “

“State Program Links o California Healthy Cities and Communities - Center for Civic Partnerships o Florida Healthy Communities, Healthy People - Florida Department of Health o Massachusetts Partnership for Healthy Communities - Foundation o Virginia Center for Healthy Communities – Nonprofit”

Additional Reference Sources

“Active Living Research - Supports research to examine relationships among characteristics of natural and built environments, public and private policies, and personal levels of physical activity.

Community Tool Box - Work group on Health Promotion and Community Development, University of Kansas provides over 6,000 pages of practical information to support work in promoting community health and development.

Healthy Communities Tools & Organizations - Association for Community Health Improvement Healthy People Web Site - U.S. Department of Health and Human Services, Office of Disease Control and

Health Promotion National League of Cities Healthy Community Publications

Related Resources MRSC Index – Community character, quality of life, healthy communities “ http://www.healthypeople.gov/LHI/lhiwhat.htm

What Are the Leading Health Indicators?

“The Leading Health Indicators will be used to measure the health of the Nation over the next 10 years. Each of the 10 Leading Health Indicators has one or more objectives from Healthy People 2010 associated with it. As a group, the Leading Health Indicators reflect the major health concerns in the United States at the beginning of the 21st century.

The Leading Health Indicators were selected on the basis of their ability to motivate action, the availability of data to measure progress, and their importance as public health issues.

The Leading Health Indicators are—

Physical Activity Overweight and Obesity Tobacco Use Substance Abuse Responsible Sexual Behavior Mental Health Injury and Violence Environmental Quality Immunization Access to Health Care”

SECTION D - PACKAGING AND MARKING

D.1 ENVIRONMENTALLY-SAFE PACKAGING

The offeror or contractor shall package non-breakable deliverables (reports, proposals, studies, etc.) using environmentally safe packaging materials (e.g., recycled paper). The packaging methods shall be in accordance with the best commercial practices and provide adequate protection during

D.2 MARKING OF DELIVERABLES

All information submitted to HUD under this contract shall be clearly labeled with the contract number.

D.3 PAYMENT OF POSTAGE AND SHIPPING

The cost of all postage and fees related to submitting information to HUD under this contract, including required forms and reports, shall be included in the fixed-unit prices specified in the schedule and shall be paid by the Contractor.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996

2452.246-70 INSPECTION AND ACCEPTANCE FEB 2006

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for

52.242-15 STOP-WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 HUDAR 2452.211-70, EFFECTIVE DATE AND CONTRACT PERIOD (FEB 2006) (ALTERNATE I

– FEB 2006)

(a) This contract shall be effective on [to be determined at contract award].

(b) The contractor shall complete all work, including all deliveries, by [to be determined at contract award].

(c) Delivery dates for specific services and deliverables shall be as set forth in the Schedule.

(d) In accordance with the clause at 52.217-9, “Option to extend the Term of the Contract”, the contract may be extended for the following periods:

PERFORMANCE PERIOD DATES

Base Year [to be determined at contract award] Option Year One [to be determined at contract award] Option Year Two [to be determined at contract award]

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 HUDAR 2452.232-70, PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (FEB 2008)

(DEVIATION)

(a) Payment Schedule. Payment of the order price will be made upon completion and acceptance of all work unless a partial payment schedule is included below:

Contractor may submit an invoice at the end of each month for services completed within that month.

(c) Submission of Invoices.

(1) Invoices shall be submitted as follows: original to the payment office identified on the award document (e.g., in Block 23 on the SF-33, or elsewhere in the contract) with a copy to the Government Technical Representative (GTR) and a copy to the Contracting Officer. The final invoice shall not be paid prior to certification by the Contracting Officer that all work has been completed and accepted. To constitute a proper invoice, the invoice must include all items/task orders per FAR clause 52.232-25, “Prompt Payment.”

(2) To assist the Government in making timely payments, the Contractor is also requested to include on each invoice the appropriation number shown on the contract award document. The Contractor is also requested to clearly indicate on the mailing envelope that an invoice is enclosed.

(d) Contractor Remittance Address. The contractor shall provide the payment office with all information required by FAR clause 52.232-33, "Mandatory Information for Electronic Funds Transfer Payment";

52.232.34, "Optional Information for Electronic Funds Transfer Payment"; or other supplemental information (contracts for commercial services) as applicable.

G.2 HUDAR 2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE

(FEB 2006)

(a) The Government Technical Representative (GTR) for liaison with the Contractor as to the conduct of work is Kathy Jones 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.

(d) Certain of the GTR’s duties and responsibilities may be delegated to one ore more Government Technical Monitors (GTMs) (see HUDAR subpart 2402.1). The Conracting Officer will notify the contractor in writing of the appointment of any GTMs.

(e) Other specific limitations : none.

(f) The contractor shall promptly notify the Contracting Officer whenever the contractor believes that guidance provided by any government personnel, whether or not specifically provided pursuant to this clause, is of a nature described in paragraph (b) above.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 HUDAR 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:

“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 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.

H.2 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS

(a) For the purposes of this clause--

"Contract records" means information created or maintained by the contractor in the performance of the contract. Contract records include documents required to be retained in accordance with FAR

4.703 and other information generated or maintained by the contractor that is pertinent to the contract and its performance including, but not limited to: email and attachments; formal and informal correspondence; calendars; notes; reports; memoranda; spreadsheets; tables; telephone logs; forms; surveys; books; papers; photographs; drawings; machine-readable materials; and data.

Contract records may be maintained as electronically stored information or as tangible materials.

Contract records may exist in either final or any interim version (e.g., drafts that have been circulated for official purposes and contain unique information, such as notes, edits, comments, or highlighting). Contract records may be located or stored on the contractor's premises or at off-site locations.

"Electronically stored information (ESI)" means any contract records that are stored on, or generated by, an electronic device, or contained in electronically accessible media, either owned by the contractor, subcontractor(s), or employees of the contractor or subcontractor(s) regardless of the physical location of the device or media (e.g., offsite servers or data storage).

"ESI devices and media" include, but shall not be limited to:

(1) Computers (mainframe, desktop, and laptop);

(2) Network servers, including shared and personal drives;

(3) Individual e-mail accounts of the contractor's and any subcontractors' principals, officers, and employees including all folders contained in each email account such as "Inbox," "Outbox," "Drafts," "Sent," "Trash," "Archive," and any other folders;

(4) Personal data assistants (PDAs);

(5) External data storage devices including portable devices (e.g., flash drive); and

(6) Data storage media (magnetic, e.g., tape; optical, e.g., compact disk; microfilm; etc.). "Tangible materials" means contract records that exist in a physical (i.e., non-electronic) state.

(b) If during the period of performance of this contract, HUD becomes or anticipates becoming a party to any litigation concerning matters related to records maintained or generated by the contractor in the performance of this contract, the contracting officer may provide the contractor with a written (either hardcopy or email) preservation hold and certification of compliance with preservation hold. Upon receipt of the hold, the contractor shall immediately take the following actions:

(1) Discontinue any alteration, overwriting, deletion, or destruction of all tangible materials and ESI;

(2) Preserve tangible materials and ESI. The contractor shall preserve ESI in its �native� form to preserve metadata (i.e., creation and modification history of a document);

(3) Identify all individuals who possess or may possess, tangible materials and ESI related to this matter, including contractor employees, subcontractors, and subcontractor employees. The contractor shall provide the names of all such individuals via email to the HUD official indicated in the notice;

(4) Document in writing the contractor's efforts to preserve tangible materials ESI. It may be useful to maintain a log documenting preservation efforts;

(5) Complete the certification of compliance with litigation hold upon receipt and return it to the identified contact person; and

(6) Upon the request of the contracting officer, provide to the contracting officer or other HUD official designated by the contracting officer with any of the information described in this clause. The contractor shall immediately confirm receipt of such request. The contractor shall describe in detail any records that the contractor knows or believes to be unavailable and provide a detailed explanation of why they are unavailable, and if known, their location.

(c)(1) If any request for records pursuant to paragraph (b)(6) of this clause causes an increase in the estimated cost or price, or the time required for performance of any part of the work under this contract, or otherwise affects any other terms and conditions of this contract, the contracting officer shall make an equitable adjustment in any one or more of the following and will modify the contract accordingly:

(i) Contract price.

(ii) Delivery schedule.

(ii) Other affected terms.

(2) The contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the contracting officer's request made pursuant to paragraph (b)(6) of this clause.

However, if the contracting officer decides that the facts justify it, the contracting officer may receive and act upon a request submitted before final payment of the contract.

(3) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the contractor from providing the records requested by the contracting officer.

(d) The contractor shall include the terms of this clause in all subcontracts awarded under this contract.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO SEP 2006

THE GOVERNMENT

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997

IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE SEP 2007

CERTAIN FEDERAL TRANSACTIONS

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND DEC 2008

CONDUCT

52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000

ON RECYCLED PAPER

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-9 PERSONAL IDENTITY VERIFICATION OF SEP 2007

CONTRACTOR PERSONNEL

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST SEP 2006

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997

FORMAT

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR

OR INFORMATION OTHER THAN COST OR PRICING

DATA—MODIFICATIONS OCT 1997

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004

52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996

52.219-28 POST-AWARD SMALL BUSINESS APR 2009

REREPRESENTATIONS

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997

DISPUTES

52.222-3 CONVICT LABOR JUN 2003

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED SEP 2006

VETERANS, OF THE VIETNAM ERA, AND OTHER

ELIGIBLE VETERANS

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED SEP 2006

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT DEC 2001

REPORTING REQUIREMENTS

52.222-50 COMBATING TRAFFICKING IN PERSONS AUG 2007

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA- MAY 2008

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT DEC 2007

AND COPYRIGHT INFRINGEMENT

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-11 EXTRAS APR 1984

52.232-17 INTEREST OCT 2008

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-25 PROMPT PAYMENT OCT 2008

52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL OCT 2003

CONTRACTOR REGISTRATION

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES--FIXED PRICE AUG 1987

ALTERNATE I (APR 1994)

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997

52.248-1 VALUE ENGINEERING FEB 2000

52.249-2 TERMINATION FOR CONVENIENCE OF THE MAY 2004

GOVERNMENT (FIXED-PRICE)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

2452.203-70 PROHIBITION AGAINST THE USE OF FEDERAL FEB 2006

EMPLOYEES

2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST APR 1984

2452.222-70 ACCESSIBILITY OF MEETINGS, CONFERENCES, FEB 2006

AND SEMINARS TO PERSONS WITH

DISABILITIES

I.2 52.222-41, SERVICE CONTRACT ACT OF 1965 (NOV 2007)

(a) Definitions. As used in this clause—

“Act” means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

“Contractor,” when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term “Government Prime Contractor.”

“Service employee” means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances.

Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination.

Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract.

The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following:

(i) For each employee subject to the Act—

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor’s employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account.