ftw00432a.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 3

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST

NO.

5. PROJECT NO. (If applicable)

1 02/28/08 R-FTW-00432

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE US Dept.of Housing and Urban Development Contracting Operations Branch, 25th Floor 801 Cherry Street, Unit # 45, Ste 2500 Fort Worth, TX 76102

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) (√) 9A. AMENDMENT OF SOLICITATION NO.

R-FTW-00432

X 9B. DATED (SEE ITEM 11)

02/07/08

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE FACILITY CODE 10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of offers is extended X is not extended

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or, (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If, by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(√) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.)

AS SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103.(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

1. DESCRIPTION OF AMENDMENT (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE PAGES 2 and 3

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Tom Moore, Contracting Officer 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA DATE SIGNED

(Signature of person authorized to sign)

BY

(Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Washington State Construction Inspections Solicitation R-FTW-00432 – Amendment Number 1 Page 2 of 3

Changes to Request for Proposals R-FTW-00432 are hereby made as summarized below. For convenience, a revised RFP package with these changes incorporated is attached to this modification. The changes in the RFP are marked with a BLACK VERTICAL LINE in the right hand margin of the revised RFP.

1. Page 2 reflects a change to B.1 Contract Definition and adds HUDAR 2452.216-78 to the paragraph.

2. Page 3 removes CLINs 0002 and 0003 from all Periods (Base and Options) because it was decided not to include Special Property

Inspections (SPIs) as part of the CLIN pricing schedule. The estimated quantity of inspections and projects are also corrected.

3. Page 4 modifies Paragraph B.5.3 to add the NOTE at the bottom of subparagraph (a) which indicates the probability of no SPIs in this area, and the sentence at the end of subparagraph (b) indicates that the definitions and minimum requirements for each skill type that may be required on an SPI are now listed under Section C.5.1.3.

4. Pages 4-5 remove definitions from B.5.3(b) and moves these to Section C.5.1.3, and adds paragraph B.8, Transition In and

Transition Out.

5. Pages 13-14, Section C-5, sentence is added at end of paragraph C.5.1.3 which indicates that during negotiations for SPIs, the CI will be required to provide evidence that individuals proposed to perform SPIs meet the required skills for the labor categories proposed. The list of definitions and minimum requirements for each skill type that may be required on an SPI are now listed under Section C.5.1.3.

6. Page 25 includes Transition Out under Section 5.7, Transition Activities.

7. Page 39 removes CLINs 0002,0102,0202,0302, and 0402 under G.1 (a)(2), Special Purpose Inspections (SPI), and under G.1 (b)(1) changes the name of the Contracting Officer (CO) to whom copies of invoices are to be submitted to Tom Moore.

8. Page 40 removes CLINs 0002,0102,0202,0302, and 0402 under G.2 (a)(1), Special Purpose Inspections (SPI).

9. Pages 45-47 removes paragraph H.5, Additional Responsibilities and Permits and Licensing Requirement in its entirety, and renumbers the remaining paragraphs in Section H.

10. Page 53, removes item I.16, HUDAR 2452.237-75, Access to HUD Facilities, and item I.18, HUDAR 2452.239-70, Access to HUD Systems, and renumbers the remaining paragraphs in Section I. These two HUDAR clauses are not applicable to the requirements of this contract.

11. Page 54-65, modifies the List of Attachments to add a Sample Invoice to attachment J.3 and adds attachment J.8, Sample Trip

Report (Form HUD 95379). Revised attachments J.1, Sample Cover Letter; J.2, Sample Project Description; J.3, Sample Invoice and Incentive/Disincentives Summary; and J.6, Sample Contractor-Provided Letter Requesting Past Performance Evaluation, were included.

12. Page 66, paragraph K.2(a)(2) changes the small business size standard to 4.5 Million.

13. Page 73, sub-paragraph L.6 (d)(1)(a) adds a sentence to the end of the paragraph which indicates that at least 50% of the demonstrated experience submitted to meet the requirements of a.1 and a.2 must be the experience of current or proposed employees of the prime contractor. The top of page 74, a.1 and a.2 reflect this change also.

14. Page 75, under (2) Management and Oversight Capability, the last sentence of subparagraph (a) indicates that the proposed Contract

Manager, Alternate Contract Manager, and a minimum of 50% of the proposed inspectors and staff must be employees of the contractor.

15. Page 76, under (3) Past Performance, the next to the last sentence in the second paragraph, adds that at least 3 of the contracts submitted as evidence of experience must be contracts that were performed by the contractor (not by any proposed subcontractor.)

16. Page 77, under paragraph L.6(e) Part II-Business Proposal, at subparagraph (2)(b), Labor Hour (LH) Contract Line Items-Special

Purpose Inspections, (i) has been deleted to remove the reference to CLINs 0002,0102,0202,0302, and 0402, as these CLINs have been removed from Schedule B and no longer exist. Also, the reference to (B.5.3) in line 3 of subparagraph (b) is changed to C.5.3.1 as the minimum criteria for the proposed personnel are moved to Section C of the RFP.

Washington State Construction Inspections Solicitation R-FTW-00432 – Amendment Number 1 Page 3 of 3

17. Pages 80-82, modifies paragraph M.4, TECHNICAL EVALUATION FACTORS. These factors had been listed in their entirety in

Section L of the solicitation, and only the Title of the Factors had been listed in Section M of the RFP. The complete summation of the factors has been added to this section. The only changes to the factors as they appeared in Section L, was the addition to (1) Factor 1, Experience at the end of sub-paragraph a where the following sentence was added: “At least 50% of the demonstrated experience submitted to meet the requirements of a.1 and a.2 below must be the experience of current or proposed employees of the prime contractor. See paragraph “c” below regarding additional requirements for proposed personnel that are not currently employed”, and at the end of sub-paragraph a.1, Contract Manager and Alternate Manager where the following sentence was added “ –These positions must be the contractor’s employees and may not be subcontracted out,” and at the end of subparagraph a.2, Inspectors, where the following sentence was added “At least 50% of the proposed inspectors must be the contractors employees.” Also added at the end of (2)a. Management and Oversight Capability, is the following sentence “The proposed Contract Manager, Alternate Contract Manager, and a minimum of 50 % of the proposed inspectors and staff must be employees of the contractor.

These changes were made in this section and in Section L.

18. Page 82, modifies the title of paragraph M.5, PRICE FACTOR to read “BUSINESS PROPOSAL EVALUATION/PRICE

FACTOR” and an explanation of how the total price will be evaluated replaces sub-paragraph “a”. Sub-paragraph “d” has been added to clarify that while the hourly rates proposed for SPI’s will be evaluated for price reasonableness, and will not be included in the determination of overall price, the inclusion of unreasonable labor rates will render a proposal non-responsive in the event that no discussions are conducted on the procurement.”

19. Please refer to item number 11 of the first page of this Amendment, standard form 30, which indicates that the hour and date specified for receipt of offers “IS NOT EXTENDED” and remains March 10, 2008 at 2:00 pm local time.

QUESTIONS AND ANSWERS

MULTIFAMILY CONSTRUCTION INSPECTION CONTRACT FOR THE STATE OF

WASHINGTON – R-FTW-00432

The following questions have been asked regarding this solicitation. Answers to each question follow the questions and are in bold type.

1. Q. I would like to know what qualifications are necessary to bid on this contract. Is it necessary to be an Architectural or Engineering (AE) firm or just have sufficient construction experience? Is there a company size requirement and are there other qualifications?

A. Once you review the solicitation, it will answer many of your questions regarding the qualifications, subcontracting, etc. You do not necessarily have to be an AE firm as long as you and your employees can meet the qualification and experience requirements. The NAICS code 541310 is used instead of the NAICS code 541350 for inspector, because the contract requires more than just an inspector. The size standard for that NAICS code is $ 4.5 Million. This procurement is a Total HUBZone set-aside, so you need to be a HUBZone firm. For those qualifications you need to speak with your SBA representative.

2. Q. We are interested in submitting a proposal for the Washington State Multifamily

Construction Inspection RFP. In reading through the solicitation it appears the maximum value of the contract is $861,462 with inspections estimated at 1344 for the base year and 672 for each option year, not including special inspections. The total number of inspections would be 3912 equating to $220 for each inspection. Is this correct?

A. Amendment 1 to the solicitation changes the estimated quantities in Section B, so you should not use those previous quantities in any endeavor as far as anticipated “work expectations”. The previous quantities in the solicitation were estimates that were made for a broader geographical area before the solicitation was narrowed to the current area, and the quantities were not changed to represent the smaller area.

Also, we cannot comment on your mathematical conjecturing regarding using Min/Max provisions to try and anticipate maximum prices per inspection available for a contractor.

We should bring it to your attention that estimated quantities are no guarantee of quantities that will be actually ordered, and that in our determination of maximum dollars that we anticipate might be expended in the min/max provision, there is not necessarily a direct correlation between the maximum dollars, the maximum prices that we will be willing to pay, and the estimated quantities that are listed in the solicitation.

3. Q. In regard to Solicitation R-FTW-00432, is this a new contract? If it is not, who is the incumbent and what has been the contract value? Is the incumbent still qualified/eligible to perform these services for the new contract? How much of a work load and number of hours did the incumbent perform during their first year of their associated contract? Did their entire work load take place within the State of Washington?

A. This is not a new contract (requirement). The name of the incumbent and the contract value may be releasable only under the Freedom of Information Act (FOIA) procedures. Prior to receipt and evaluation of a proposal and a determination of responsibility, we would be unable to know whether the incumbent is currently qualified/eligible to perform the services for the new contract.

Workload and number of hours that the incumbent performed during the first year of their associated contract is not information that we would be privy to. All of the property assignments requiring inspections under the previous contract were within the State of Washington.

4. Q. We are required to submit hourly cost for a foundation soils engineer; however, if test boring or inspection pits are needed, generally a field crew, separate from the soils engineer, is required.

These crews generally cost between $2,400 and $2,600 per day. Currently, there is no line item for a field crew or test boring rig. Please advise. Also, is the contract manager out of the HUD office or out of the construction inspector’s office?

A. In the Special Purpose Inspections we have performed under all of our contracts for this service to date we have accomplished the tasks we needed using the Foundation/Soils Engineer and have not had to have a field crew perform any testing as part of the SPI. For your information no SPI inspections to date have been required in the geographic area of this solicitation. In the amendment, at Paragraph B.5.3, we are estimating that no more than 3 SPI inspections might be assigned over the life of the contract. Since the type labor categories to be used on SPI inspections will not be used on a regular basis, contractors are not expected to maintain such individuals on a permanent basis. We have also removed CLIN 0002 as a contract line item number (CLIN 0002, CLIN 0102, CLIN 0202, CLIN 0302, and CLIN 0402) as such inspections cannot be pre-priced in the schedule, and are of little significance in the overall value of a potential contract. Where we have used such an individual as you are questioning for an SPI in other geographic areas, the company who designed the project was able to provide us soil borings, design data, and results of any concrete tests that our “Foundation/Soils Engineer” was able to evaluate and provide us with a recommendation addressing the specific problem we had. When problems are encountered where additional borings, test pits, etc. are required we have gone back to the original design company to perform such tests.

The purpose of HUD asking for the SPI pre-priced labor rates is actually two-fold:

1) To give us some idea of the prices of some generic labor categories that we have needed in the past, not necessarily all that we could possibly encounter; and

2) It also serves the purpose of informing our Contract Inspector that we occasionally might need some special or unique inspections, beyond the capabilities or experience level of a typical building inspector, and shows us that he/she either has such unique capabilities covered with their in-house staff or that the firm has coordinated the costs and capability of obtaining such services in advance of actually needing them.

The contract requires that a contract manager, alternate contract manager, and at least 50% of the inspector(s) must be employees of the contractor, so the contract manager is out of the construction inspector’s office.

5. Q. Looking at the solicitation for Construction Inspectors for the State of Washington, I wasn’t sure what certifications that I would have to have to bid. Please advise.

A. See paragraph K.2 on page 66 of the solicitation regarding the requirements for

Annual Representations and Certification. Also see paragraph H.9, page 45, LIMITATION ON SUBCONTRACTING REPORT –SEMI-ANNUAL – SMALL

BUSINESS SET-ASIDE, which states:

The CI shall provide a semi-annual statement declaring if at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern (prime CI) in accordance with FAR 52.219-14 (Limitation on Subcontracting).

The CI shall identify all subcontractors and the percentage of the total contract costs that are being performed by the CI as the prime and each subcontractor. The first report shall be submitted six months after the contract effective date: TBD 2008.

For your information, paragraph H.5 in the original solicitation, Additional Responsibilities and Licensing Requirements, a standard paragraph in some solicitations, is being removed by Amendment 1 to the solicitation. It is being removed to avoid confusion as there is no licensing or permit requirements to provide these inspections.

6. Q. I have one question in regards to Section L (2) Professional Employees Compensation Plan. I have read the requirements of FAR 52.222-46 and am curious as to what type of information HUD is requesting. Is HUD wanting a narrative description plan or a worksheet breakdown plan? Any information would be greatly appreciated.

A. We are requesting your Total Compensation Plan setting forth salaries and fringe benefits of the key personnel (Contract Manager, Alternate Contract Manager, and Inspectors); i.e., your professional employees who will work under the contract.

Supporting information should include data, such as recognized national and regional surveys and studies of professional, public and private organizations, used in establishing the total compensations structure for your professional employees staff. We do not dictate the format of your plan, as long as it is comprehensive and contains the information needed to assess the quality and stability of the work force to be employed for this contract effort.

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

ORDER UNDER DPAS (15 CFR 700)

RATING PAGE OF

1 82 PAGES

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

NO

R-FTW-0432

SEALED BID (IFB)

NEGOTIATED (RFP)

2-7-08, as Revised by Amend 1 dtd.

2-28-08

R-2008-OAH-00003

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

U.S. Dept. of Housing & Urban Development Fort Worth Contracting Operations, NFSF 801 Cherry St., Unit#45, Ste.2500 Fort Worth, TX 76102

Same as 7.

NOTE: In sealed bid solicitations, “offer” and “Offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and 6 copies for furnishing the supplies or services in the schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 801 Cherry St., Unit#45, Ste.2500, Ft. Worth, TX 76102 until 2:00 PM local time 3-10-08 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: Section L, Provision No. 52.214-7 or 52.215-1.

All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (NO COLLECT CALLS) C. E-MAIL ADDRESS

CALL: Barbara Meyer 817-978-5400 Barbara.A.Meyer@hud.gov

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 1 I CONTRACT CLAUSES 6

B SUPPLIES OR SERVICES AND PRICES/COST 4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

C DESCRIPTION/SPECS/WORK STATEMENT 29 J LIST OF ATTACHMENTS 12

D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 1 K REPRESENTATIONS, CERTIFICATIONS AND 2

F DELIVERIES OR PERFORMANCE 2 OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 5 L INSTRS., CONDS., AND NOTICES TO OFFERORS 11

H SPECIAL CONTRACT REQUIREMENTS 4 M EVALUATION FACTORS FOR AWARD 4

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provision 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 offeror) 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. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of the #1 2-28-08 amendments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

ADDRESS

OF

OFFEROR

OFFER (Type or print)

15B. TELEPHONE NO. (Include area code) 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN

SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 10 U.S.C.2304 ( c ) ( ) 41 U.S.C. 253( c ) ( ) (4 copies unless otherwise specified)

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

26. NAME OF CONTRACTING OFFICER (Type or print) 27 UNITED STATES OF AMERICA 28 AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official notice.

NSN 7540-01-152-8064

PREVIOUS EDITION NOT USABLE

33-132 STANDARD FORM 33 (Rev 9-97) Prescribed by GSA FAR (48 CFR) 53.214( c )

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST CONSTRUCTION INSPECTION SERVICES

(WASHINGTON) - R-FTW-00432

Page 2 of 82 Section B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST PART

B.1 CONTRACT DEFINITION

This is a hybrid contract consisting of a portion that is priced as Indefinite Quantity/ Fixed Unit Rate (IQ/FUR), and a provision for Firm-Fixed price Task Orders to be issued for Special Purpose Inspections (SPIs) as discussed in paragraph B.5.3 below. Services provided by the Contract Inspector (CI) under this contract shall be secured by the issuance of Task Orders.

Orders shall be placed in accordance with the following clauses: 52.216-18, Ordering; 52.216-19, Order Limitations; and HUDAR 2452.216-78, Task Ordering Procedures.

B.2 DESCRIPTION OF SERVICES

The CI shall provide all management, supervision, personnel, equipment, materials, supplies and other items and services necessary to perform, schedule, coordinate, and assure effective performance of all assigned construction inspections for multifamily properties as defined in Section C for the Washington State area. More specifically, the CI shall perform as follows:

(1) The CI shall serve as HUD’s representative and perform inspections of HUD multifamily (MF) projects under repair, construction or substantial rehabilitation and shall assist all parties (owner, sponsor, architect, builder, mortgage company, consultant) in construction contract administration procedures, issues, and HUD forms. Multifamily projects to be serviced by the CI under this contract will involve either HUD-insured or HUD’s Capital Advance programs.

(2) The CI shall perform Special Purpose Inspections (SPIs), when required and authorized by HUD, of existing subsidized or unsubsidized multifamily projects to either determine the scope and cost of repairs needed to bring the project to a decent, safe, and sanitary condition in accordance with 24 CFR Part 5, Subpart G; to follow up on critical repairs at a 223(f) project; to inspect major repair items; to investigate complaints HUD has received concerning the property’s physical condition; or any other inspection assigned to the inspector.

(3) The CI shall perform warranty inspections on HUD multifamily projects.

B.3 GEOGRAPHIC AREA AND PERIOD OF PERFORMANCE

Projects will be located in the State of Washington, served by HUD’s Multifamily Housing Hub Office located in Seattle, Washington. HUD reserves the right to revise the geographical area if it is in the best interest of the government. The period of performance is one year with four (4) one year options.

B.4 HUDAR 2452.216-76 MINIMUM AND MAXIMUM QUANTITIES AND AMOUNTS FOR ORDER

(FEB 2006)

The minimum quantity and/or amount to be ordered under this contract shall not be less than the minimum quantity and/or amount shown in the following table. The maximum quantity and/or amount to be ordered under this contract shall not exceed the maximum quantity and/or amount shown in the table.

Entire Contract Period (Base Period, plus 4 Option Periods) for Routine Inspections Minimum Amount Maximum Amount

$54,180 $861,462

The minimum and maximum amounts for this contract are stated in the table above and apply to the total contract period including all option periods.

Page 3 of 82 Section B

B.5 CONTRACT LINE ITEM NUMBERS AND PRICES

The estimated number of inspections to be performed during the base period and each option year is indicated in the tables below. The estimated quantities – and number of projects included as well - are estimates only. The Government is not obligated to order the estimated quantities.

B.5.1 CONTRACT UNIT AND TOTAL PRICES

BASE PERIOD

CLIN

NO.

CLIN

Type

Project Size by Number of Units

Unit

Qty (Estimated)

Unit Price

Total Price (b x c = d)

0001 IQ/FUR Routine Construction Inspections

Inspections (Projects)

(13)

$* /insp. $ *

TOTAL - BASE PERIOD $*

OPTION PERIOD 1

CLIN

NO.

CLIN

Type

Project Size by Number of

Unit Price

Total Price (b x c = d)

0101 IQ/FUR Routine Construction Inspections

Inspections (Projects)

(13)

TOTAL PRICE - OPTION PERIOD 1 $

OPTION PERIOD 2

NO.

CLIN

Type

Project Size by Number of

Unit Price

Total Price (b x c = d)

0201 IQ/FUR Routine Construction Inspections

Inspections (Projects)

(13)

TOTAL PRICE - OPTION PERIOD 2 $ *

OPTION PERIOD 3

NO.

CLIN

Type

Project Size by Number of

Unit Price

Total Price (b x c = d)

0301 IQ/FUR Routine Construction Inspections

Inspections (Projects)

(13)

TOTAL PRICE - OPTION PERIOD 3 $

OPTION PERIOD 4

NO.

CLIN

Type

Project Size by Number of

Unit Price

Total Price

0401 IQ/FUR Routine Construction Inspections

Inspections (Projects)

(13)

$* /insp. $ *

TOTAL PRICE - OPTION PERIOD 4 $

TOTAL PRICE - BASE & OPTIONS $

Page 4 of 82 Section B

B.5.2 ROUTINE INSPECTIONS

(a) The prices for the base period and option year price schedules shown for Routine Construction Inspections include all technical and clerical services, materials, supplies, reviews, reports, communications, HUD construction inspection tasks, time, travel, printing, photographic expenses, postage, courier fees and other fees related to the delivery of information to HUD, general oversight, overhead, general and administrative costs, fringe benefits, and profit/fee.

(b) Work assignments to the CI for routine inspections shall be issued in the form of Task Orders issued in writing by the Contracting Officer in accordance with the terms of this contract. Each Task Order shall contain a description of the project including location and shall indicate the number of inspections ordered and the applicable funding information. This quantity of inspections is then multiplied times the applicable fixed price per inspection to establish the total value of each Task Order issued.

See Section G.6 for IQ/FUR – Routine Inspection Ordering Procedures.

See Section G.8 for Contractor Notification Requirements.

B.5.3 SPECIAL PURPOSE INSPECTIONS

(a) Special Purpose Inspections (SPIs) are for use in unusual circumstances, such as needed during a natural disaster. The

Government is not obligated to order any Special Purpose Inspections on this contract. Work assignments for Special Purpose Inspections will be firm fixed priced for the labor effort using the hourly rates below; travel costs for Special Purpose Inspections will be handled as discussed below.

NOTE: Based on past history, there has not been any need for SPIs for this contract area, and unless an unforeseen circumstance, such as some form of natural disaster, occurs which could affect expectations, the Government does not anticipate any being required in the future for this contract area. For other inspection contracts administered by HUD’s Fort Worth Operations Branch, the number of SPIs negotiated and assigned has ranged between 1-3 at a cost of between $5,000-$8,000.

See Section G.7 for Special Purpose Inspection Ordering Procedures.

See Section G.9 for Contractor Notification Requirements.

(b) AGENCY SUPPLEMENT 112 LABOR CATEGORIES, UNIT PRICES PER HOUR AND PAYMENT

The contractor, when required and authorized by HUD, shall provide the following types of labor at the corresponding unit price per hour (contractor to insert rates in the table below) in accordance with the terms of this contract. The unit price per hour is inclusive of the hourly wage plus any applicable labor overhead, General and Administrative (G&A) expenses, and profit. Definitions and minimum requirements for each skill type listed in the table below and that may be required if an SPI is required are listed in Section C.5.1.3.

Labor Skill Base Period (1 year)

First Option Year

Second Option Year

Third Option Year

Fourth Option Year

Certified Asbestos Consultant * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Certified Industrial Hygienist * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Radon Technician * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Lead Based Paint Technician * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Architect / Engineer * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Foundation/Soils Engineer * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Roof Inspector * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Construction Inspector * $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.* $_______/hr.*

Page 5 of 82 Section B

B.6 TRAVEL REIMBURSEMENTS FOR SITE VISITS FOR SPECIAL PURPOSE INSPECTIONS (SPI)

Note: This paragraph applies only to travel as discussed in B.5.3 above.

Allowable travel and lodging expenses incurred by the CI or other employees (key personnel) on trips made at the written request of the Government Technical Representative (GTR) or HUD’s Contracting Officer related to the performance of this contract shall be reimbursed. Such reimbursement shall be limited to the Government rates specified in accordance with the Federal Travel Regulation (FTR) and Federal Acquisition Regulation (FAR) 31.205-46. The FTR may be accessed by using the World Wide Web at:

http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_OVERVIEW&contentId=14161&noc=T When billing for travel expense reimbursement, the Contractor must provide with its invoice supporting data and paid receipts for transportation and lodging and clearly reference the written authorization from the GTR that authorized such travel. All items billed for $75.00 or more must be supported with receipts. Meals and incidental expenses will be reimbursed at the flat rates authorized for the geographic area as provided in FTR, and need not be supported by receipts. Expenses exceeding the rates specified in the FTR will not be reimbursed to the contractor.

B.7 HUDAR 2452.251-70 CONTRACTOR EMPLOYEE TRAVEL OCT 1999

Note: This paragraph applies only to travel as discussed in B.5.3 above.

(a) To the maximum extent practical, the contractor shall make use of travel discounts that are available to Federal employees while traveling in the conduct of official Government business. Such discounts may include, but are not limited to, lodging and rental car rates.

(b) The contractor shall be responsible for obtaining and/or providing to his/her employees written evidence of their status with regard to their performance of Government contract work needed to obtain such discounts.

B.8 TRANSITION IN AND TRANSITION OUT

Transition activities as specified in Section C.5.7 of the Statement of Work are not separately priced. These activities are included in the functions required by the CI as a part of routine contract inspections.

SECTION C – DESCRIPTION/SPECIFICATIONS CONSTRUCTION INSPECTION SERVICES

/WORK STATEMENT (WASHINGTON) – R-FTW-00432

Page 6 of 82 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION C-1 – GENERAL

1.1 BACKGROUND

1.1.1 The U.S. Department of Housing and Urban Development (HUD) provides funding for, or insures financing of, the construction of new multifamily (MF) projects or the repair or rehabilitation of existing MF projects, as authorized by several sections of the Housing Act of 1959 (HA), National Housing Act (NHA) and National Affordable Housing Act (NAHA), as listed below:

Section 207(M) Manufactured Home Parks Section 221(d)(3) and (4) Multifamily Rental Housing for

Moderate-Income Families Section 232 Nursing Homes, Intermediate Care

Facilities, Board and Care, and Assisted-Living Facilities Section 202 or 811 Housing for the Elderly, CAV (202) or for Persons with Disabilities, IAC (811) Section 220 Mortgage Insurance for Urban Renewal Areas Section 223(a)(7) Refinance of Existing FHA Insured Mortgages Section 223(f) Mortgage Insurance for the Acquisition or Refinancing of Multifamily Rental Apartments Section 232/223(f) Mortgage Insurance for the Purchase or Refinancing of Existing Nursing Homes and Assisted-Living Facilities Section 241 Supplemental Loans

1.1.2 HUD is required to perform periodic property inspections of MF projects throughout the entire construction and/or rehabilitation phase and during the warranty periods. Also, HUD is required to assist other parties (owner, sponsor, builder, supervisory architect, mortgage company, etc.) in utilizing HUD forms and procedures relative to the construction phase of MF project development. See sample workload estimates in Technical Exhibit 1.

1.2 SCOPE OF WORK

The purpose of this contract is to obtain services of a CI who, as HUD’s representative, will conduct required inspections and perform various construction inspection tasks (such as reviewing change orders, payment requests, schedules, request for permission to occupy, etc.) for HUD. Inspections shall be made to evaluate the builder’s and supervisory architect’s performance, to obtain construction in accordance with the construction contract documents, and to report on conformance with prevailing wages (when applicable) and other construction contract requirements. For HUD construction inspection tasks, the CI shall serve as HUD’s construction representative for completing various portions of HUD forms, procedures and other related tasks. The CI’s work products shall provide HUD with the field/site data necessary to make informed decisions regarding the construction phase of the HUD multifamily mortgage insurance underwriting process.

1.3 PERSONNEL

The CI is responsible for ensuring the contract manager and inspectors are thoroughly familiar with all HUD programs and procedures as they apply to the duties of the HUD representative (also called “HUD Design Representative” or “HUD Inspector” in HUD handbooks, specifically 4460.1 and 4435.01, and the Multifamily Accelerated Processing (MAP Guide)) and that they remain abreast of all changes to applicable handbooks, publications and forms. As the HUD representative on the project site, the CI shall be responsible for assisting other parties (owner, sponsor, builder, supervisory architect, mortgage company, etc.) in utilizing HUD forms and procedures relative to the construction phase of the multifamily project development.

1.3.1 Contract Manager. The CI shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the CI when the manager is absent shall be identified in Section I, Key Personnel. These personnel shall be designated in writing to the Contracting Officer within seven (7) business days of contract award and prior to revision. This submission shall be accompanied by

Page 7 of 82 Section C the individual’s resume.

1.3.1.1 The contract manager or alternate shall have full authority to act for the CI on all contract matters relating to daily operations of this contract.

1.3.1.2 The contract manager or inspector shall be available during normal duty hours in accordance with Section C.1.6 to discuss problem areas with the Government Technical Representative

(GTR), Government Technical Monitor (GTM), and /or the HUD Construction Manager (HUD CM) and, if necessary, to meet with one or more of them in the local HUD office at no additional cost to the government or to the price of inspection services.

1.3.1.3 The contract manager and alternate shall possess three years of recent [within the past six (6) years] experience in managing and overseeing employees who perform multifamily construction inspection activities, or a total of five years of experience in overseeing employees performing a combination of multifamily, single family, and commercial construction inspections, with a minimum of one of those five years being multifamily. The contract manager and alternate must also have at least three years of satisfactory experience in performing construction inspections with the knowledge and experience listed below for inspectors.

1.3.2 Employees. The CI shall recruit, hire, train and supervise qualified employees. The Contracting Officer shall have the authority to restrict the assignment of any individual as an employee under the contract or any subcontract who is identified as a potential threat to the health, safety, security, general well being, mission of the Department or its staff, or whom HUD may determine has any actual or potential conflict of interest.

1.3.2.1 The CI, its staff, and the subcontractor personnel shall present a neat and clean appearance and be easily recognized. This may be accomplished by wearing appropriate badges that contain the company name, employee name, and photo or any other method of identification. The CI’s employees and subcontractors shall not indicate they are agents or employed by HUD, but rather that they are under contract with HUD.

1.3.2.2 The CI shall certify to the Contracting Officer that the inspectors meet the below-stated minimum qualifications. Such certification shall be made within seven (7) business days after contract award and seven (7) business days after hiring a new inspector; but, in any event, prior to any inspector performing inspections. These employees, along with the contract manager and alternate, shall be considered Key Personnel. The CI shall not substitute Key Personnel without prior approval of the Contracting Officer.

All inspectors shall possess three years of recent (within the past six (6) years) satisfactory construction inspection experience related to the specific inspection tasks required by this contract. Satisfactory experience is defined as three years of recent multifamily construction inspection activities or five years of experience in a combination of multifamily, single family, and commercial construction inspections, with a minimum of one of those five years being multifamily. Inspection experience shall cover all activities and phases of a construction project, and not just a single activity or discipline. The experience shall include a record of performing acceptable construction and warranty inspections and related construction contract administration tasks as required by this contract. The experience shall clearly reflect the inspector’s knowledge of and familiarity with national building codes and standards, current standard construction methods and procedures, Federal Fair Housing Accessibility Guidelines, and HUD regulations and handbook requirements to ensure compliance with it by the owner, builder and the supervisory architect. The complexity of some projects may mandate that they be assigned to an inspector whose background indicates the ability to perform those inspections.

1.3.2.3 When the CI has assigned an inspector to a project, that inspector shall continue to conduct all inspections at the property through final completion of construction phase and the two guarantee/warranty inspections. If, due to unforeseen circumstances, it becomes necessary to substitute an inspector assigned to a project, the CI shall inform the GTR at least seven (7) business

Page 8 of 82 Section C days prior to the scheduled inspection, that another inspector from the key personnel list is to be assigned.

1.3.2.4 The CI 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 Department restrictions. The HUD Office of Counsel must approve employment of any person who is a current or former civilian employee of the U.S. Government.

1.4 CONTRACTOR QUALITY CONTROL

1.4.1 The CI shall establish and maintain a complete quality control (QC) plan to ensure the requirements of the contract are provided as specified. One (1) copy of the CI’s QC plan shall be provided to the Contracting Officer and one (1) copy to the GTR not later than the post-award conference. The CI shall provide a complete copy to the Contracting Officer and GTR as any updates/changes occur. The CI shall retain copies of all documents/records generated in the QC process and shall present them to the Contracting Officer upon request.

1.4.2 At a minimum, the QC plan shall:

1.4.2.1 Specify how all specific tasks of Section C.5.2, C.5.3, C.5.4, and C.5.5 will be reviewed including how the inspectors will be monitored to ensure timely and quality work

1.4.2.2 Indicate whether services are to be reviewed on a scheduled or unscheduled basis.

1.4.2.3 Explain how reviews are to be conducted.

1.4.2.4 Identify name(s) and qualifications of the individual(s) responsible for performing the QC reviews, and the specific areas/services to be inspected by such individuals.

1.4.2.5 Assure that MF projects are inspected and that HUD construction inspection tasks are completed in accordance with all relevant HUD handbooks, requirements and procedures.

1.4.2.6 Guard against dishonest, fraudulent or negligent acts.

1.4.2.7 Guard against errors and omissions by officers, employees or other authorized persons. If a problem is identified, the CI shall promptly take appropriate action to correct the problem. The CI shall keep a record of any such errors and omissions. At the request of the GTR/GTM, the CI shall make these records available for review. The CI shall design its quality control plan to assure its staff complies with HUD’s handbooks, requirements and procedures.

1.4.2.8 Guard against potential conflicts of interest.

1.4.2.8.1 When performing inspections or construction inspection tasks, the CI may become privy to privileged information about builders and design architects involved with HUD MF projects. This privileged information shall not be used by the CI (or anyone connected with the CI) against HUD, or the owner, sponsor, builder, supervisory architect, mortgage company, etc.

1.4.2.8.2 The CI, or any of its employees, shall not have any financial interest, direct or indirect, in any property (other than this contract) associated with any HUD MF property that has been assigned to this contract.

1.4.2.8.3 The CI, or any of its employees, shall not be assigned and cannot perform inspections on projects in which they currently serve or served as the design and/or Supervisory Architect.

1.4.2.9 Identify methods for selection of qualified inspectors.

Page 9 of 82 Section C

1.4.2.10 Provide a method to identify deficiencies in quality of services performed and take corrective action before the level of performance becomes unsatisfactory.

1.4.2.11 Ensure the complete documentation of all quality control reviews and any corrective action required.

The CI shall establish and maintain files for such documentation throughout the term of this contract.

The filing method shall be such that all information relative to quality control inspections is logically grouped together and readily accessible. The files shall be made available to HUD upon demand during the CI’s regular business hours. The files shall be turned over to HUD within ten (10) business days of request.

1.5 PHYSICAL SECURITY

The CI shall be responsible for safeguarding all government property, primarily multifamily project construction contract documents, data and inspection records, and other related information. The CI shall be held liable for loss or misuse of government property due to causes such as neglect, negligence of employees and subcontractors, failure to secure property, or other misconduct by the CI.

1.6 HOURS OF OPERATION

The CI shall be able to provide service from 8:00 AM to 4:30 PM, local time (where project is located), Monday through Friday, with the exception of recognized Federal holidays.

1.7 DELIVERABLES

Contract Deliverable Requirements are described in Technical Exhibit 3.

1.8 HUD PUBLICATOINS AND FORMS

Publications and forms applicable to this contract are shown in Technical Exhibit 4.

SECTION C-2 - DEFINITIONS

2.1 AIA - the American Institute of Architects, 1735 New York Ave., NW, Washington, DC 20006.

2.2 Application - the HUD-92013, Application for Multifamily Housing Project, and other required exhibits that are submitted by a sponsor or the mortgagee of record to a HUD Office to request issuance of a processing letter (Site Appraisal and Market Analysis (SAMA), Feasibility Letter or Firm Commitment).

2.3 Architect or Supervisory Architect - the architect providing services to the sponsor/owner under the terms of the AIA- B181, Owner-Architect Agreement.

2.4 Builder - the General Contractor hired by the sponsor/owner to construct the project under the terms of the construction contract and in accordance with contract documents. The term “builder” is used in this contract to avoid confusion when the CI’s role is discussed.

2.5 Certificate of Occupancy - a certificate allowing occupancy issued by a local Government building department for a structure or structures for which a building permit has been issued.

2.6 CFR - Code of Federal Regulations.

2.7 Construction Contract - the construction contract applicable to the particular project for which HUD is providing funding or mortgage insurance and which HUD requires (typically a contract between the builder and project owner or sponsor).

2.8 Construction Contract Administration - the supervisory architect’s administration of the contract between the builder and project sponsor/owner in the construction of any MF project. HUD construction inspection tasks, to be performed

Page 10 of 82 Section C by the CI as HUD’s Representative, are defined in this contract.

2.9 Construction Inspection Services - monitoring the construction, and performing construction inspection tasks and related functions for the purpose of protecting the Department’s interest.

2.10 Construction Manager (HUD CM) - the HUD employee in the Multifamily Hub who is responsible for the proper performance of all functions relating to inspection. The Construction Manager keeps informed of the general progress of the work on all projects in the Hub’s jurisdiction during the construction stage and guarantee period and is familiar with any problems involved. The HUD CM is also a designated GTM and is appointed in writing by the Government, but is referred to herein as the HUD CM. See Section G.

2.11 Contract Administration - the monitoring of the performance of the CI by the GTR, GTM and Contracting Officer relative to the tasks performed under this contract.

2.12 Contract Inspector (CI)) – the individual, partnership, corporation, or other entity that is the party subject to the terms and conditions of this contract, and also is referred to as HUD’s Representative. This is the contractor for this contract.

2.13 Contract Manager (CM) – the individual employed by the CI and designated to administer the terms and conditions of the contract.

2.14 Contracting Officer (CO) – a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.15 Days – calendar days, unless otherwise specified as business days.

2.16 FHAG - Fair Housing Accessibility Guidelines.

2.17 Final Closing - the final completion of all HUD project development forms, procedures, terms and conditions per HUD legal and programmatic requirements. This occurs after completion of project construction and cost certification.

2.18 Final Completion of the Work (Individual Project Completion) - the time when all work under the owner’s/sponsor’s construction contract is 100 percent complete, except work items beyond the builder’s control which are accepted as delayed items of completion. It is formalized as of the date the CI signs the final HUD-95379, HUD Representative’s Trip Report, provided that the trip report is subsequently accepted by the GTM and the HUD CM.

2.19 GTM - the Government Technical Monitor appointed in writing by the Contracting Officer. The GTM, for purposes of this contract, is subordinate to the GTR and assists the GTR in…