RFP 2026-04

Hopewell Redevelopment and Housing Authority

Request for Proposals

RFP# 2026-04

Plumbing Services On-Demand

ISSUE DATE: _08/27/2026_____________

PROPOSAL DUE DATE:_9/25/2026 by 3:00PM EST

VENDOR QUESTIONS DUE DATE: _9/4/2026 by 3:00PM EST

RFP COORDINATOR

N. Denise Henderson

Procurement/Compliance Specialist

Hopewell Redevelopment & Housing Authority

350 East Poythress Street

Hopewell VA 23860

HRHA RFP 2026-04 2

REQUEST FOR PROPOSALS

2026-04

Plumbing Services On-Demand Thomas Rolfe, Davisville, Piper Square, Central Office

The Hopewell Redevelopment & Housing Authority (HRHA) is currently seeking qualified and reputable vendors to provide plumbing services pursuant to the specifications and terms and conditions stated in this RFP. Services are required in Hopewell VA, at Thomas Rolfe, Davisville Bland Court, Piper Square and HRHA Central Office, as requested. Work assigned under the contract shall be on an “as needed” basis and shall be done in accordance with current International Plumbing Code (IPC) and National Standard Plumbing Code (NSPC) guidelines. Work under this contract shall be for various plumbing projects and will be of a nature where plumbing work is required to maintain services or provide new services. HRHA reserves the right to issue separate procurement for large projects exceeding $50,000. Detailed information regarding the work encompassed under this solicitation is provided in the Scope of Work section of this RFP.

This is a formal procurement (Request for Proposals) issued in accordance with the Virginia Public Procurement Act (VPPA) and applicable HUD regulations. All responsible and responsive firms are invited to participate.

Address all questions pertaining to this RFP to N. Denise Henderson, Procurement/Compliance Specialist at denise.henderson@hopewellrha.org. All questions must be submitted in writing no later than September 4, 2026 by 3:00PM EST, prior to when proposals are due. No questions will be addressed after this deadline. Responses to questions will be posted to the HRHA website for all potential offerors to review prior to submitting a proposal.

Proposals will be received at the HRHA office until 3:00PM EST no later than September 25, 2026 by 3:00PM EST. Offerors can also submit formal proposals electronically, to the following email:

denise.henderson@hopewellrha.org , subject line “Plumbing Services On-Demand, RFP 2026-04”.

Offerors can provide one (1) printed original, two (2) copies, and an electronic copy to the above email address and below street address with subject line “Plumbing Services On-Demand, RFP 2026- 04” and addressed to the attention of:

Hopewell Redevelopment & Housing Authority 350 Poythress Streett Hopewell Va 23860 Attn: N. Denise Henderson, Procurement/Compliance Specialist Denise.henderson@hopewellrha.org mailto:denise.henderson@hopewellrha.org mailto:Denise.henderson@hopewellrha.org

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HRHA intends to issue one contract, or multiple contracts (if determined to be in its best interest), which will consist of a one year Base Period and four (4) possible one-year extension option periods. Contract(s) will be awarded to firm(s) possessing demonstrated experience performing the required plumbing services contained in this RFP. The Contractor shall furnish all labor, materials, equipment, supplies, and travel necessary to perform the work.

This procurement is conducted in accordance with:

• 2 CFR Part 200 Uniform Guidance

• HUD Procurement Requirements

• Virginia Public Procurement Act (Va. Code § 2.2-4300 et seq.)

• Applicable HUD regulations

• Applicable OSHA regulations

• Virginia Uniform Statewide Building Code

• Applicable environmental laws and regulations

HRHA reserves the right to reject any or all proposals, waive informalities, negotiate with the highest-ranked Offeror(s), and award contracts in the best interest of the Authority.

It shall be the responsibility of each Offeror to consult the HRHA website at https://hopewellrha.org/landlors-contractors/ for the complete Request for Proposal, to be aware of and to abide by all dates, times, conditions, requirements, and specifications set forth in this RFP and any addendum issued by the Authority, prior to submitting their proposal.

By virtue of completing, signing, and submitting the completed documents in response to this RFP, the Offeror is stating his/her agreement to comply with all conditions and requirements set forth in this RFP for Plumbing Services, as contained herein.

HRHA will not accept incomplete proposals

HRHA will not be responsible for the receipt of proposals not properly submitted.

All proposal submissions must be received by the above deadline. Faxed quotes will not be accepted.

Offerors will be required to make positive efforts to use small woman and minority-owned businesses and to offer employment, training, and contracting opportunities in accordance with Section 3 of the Housing and Urban Development Act of 1968.

https://hopewellrha.org/landlors-contractors/

HRHA RFP 2026-04 4

SECTION 1: SCOPE OF WORK

1.1 INTRODUCTION AND BACKGROUND

The contractor shall be responsible to provide labor, materials and equipment to accomplish the plumbing services. This Request for Proposal (RFP) is seeking turnkey plumbing repair services for

(4) four HRHA communities as follows:

PROPERTY NAME NUMBER OF UNITS ADDRESS

Thomas Rolfe 136 211 South 7th Ave

Hopewell VA 23860 Davisville Bland Court 120 913 Rev C.W. Harris St

Hopewell VA 23860 Piper Square 104 1529 Piper Square Dr

Hopewell VA 23860 Central Office NA 350 E Poythress St

Hopewell VA 23860

Specifically, HRHA seeks to provide for regularly scheduled dedicated service as well as scheduled on-call service as needed. The vendor must provide excellent service to HRHA and have an outstanding reputation in their field. The successful vendor will also provide periodic status reporting on work completed and in progress.

1.2 SCOPE OF SERVICES

The Contractor shall be capable of performing all repair and component replacement normally encountered in plumbing projects:

Type of Work Required Performance Time Emergency Work Within (2) Hours of Notice Scheduled Work Within (5) days of Notice

Contractor shall provide the following services:

i. Turnkey plumbing repair services include, but is not necessarily limited to:

a. Repair and replacement of sinks, vanities and associated plumbing

i. Repair or replace nonfunctioning faucets. Existing faucets to be copied as possible.

ii. Clear drains. Replace traps and associated plumbing as required.

iii. Repair leaks associated with sink or vanity. If leak repairs require replacement of sink or vanity, the contractor will coordinate with appropriate maintenance personnel.

iv. Boiler Installation, maintenance or repairs

v. Gas line feeds or supplies to equipment for maintenance or repairs

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b. Repair and/or replace toilets

i. Clear clogged toilets

ii. Replace non-working flush valves or install new kits as required

iii. Replace wax rings and repair other leaks

iv. Replace toilets when necessary- coordinate with appropriate maintenance personnel prior to replacing any toilets.

c. Replace water heaters as directed by appropriate maintenance personnel

d. Installation, repairs, or modification to water, sewer, and drain lines

e. Installation, repairs, or modification to storm drains and roof drains.

f. Cleaning and unstopping of drains and sewer lines

g. Installation, repairs, or modification to a variety of commercial and residential bathrooms, ie. Sinks, showers, toilets, urinals, hot water heaters, well pumps, holding tanks and drains.

h. Installation, repairs, or modification on a variety of commercial and residential kitchens, ie. Dishwashers, drains and sinks.

i. Installation and repairs to commercial gas pipes, pipe insulation and heat caps.

All plumbers performing work under any resulting contract must be a licensed plumber/journeyman. Apprentices shall only be allowed to work at the “helper” rate. The contractor must be able to provide evidence of employee certification prior to commencement of work, and credentials may be verified by the County upon arrival at the job site.

All plumbing permits that may be needed shall be obtained and paid directly by the Contractor.

The cost of the permit shall be added to and specifically identified in the Contractor’s invoice to HRHA for the work.

Safety: Contractor shall at all times strictly adhere to all applicable safety standards and mandates in the performance of all services, including, but not limited to IPC and NSPC codes.

Communication: Contractor shall communicate with each site manager, maintenance supervisor, or designee to confirm work to be performed and communicate when work is completed and verify that all installations and repairs are compliant and resolved the issue.

ii. Contractor Qualifications

All work shall be performed in a professional and courteous manner. The Contractor shall have a minimum of five (5) years experience and shall have the capability and capacity, with an adequate number of properly trained and skilled technicians. The Contractor agrees and covenants that he and his agents and employees will comply with and perform all work under the contract in accordance with all County, State, and Federal laws, rules, and regulations standard, requirements, specifications-manuals, manufacturer’s recommended procedures, codes and ordinance applicable to providing services conducted under the contract. The Contractor shall secure all applicable permits for the proper execution and completion of the work.

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iii. Contractor Registration

The Contractor shall provide a copy of its current DPOR license and annotate in its proposal one of the following information:

Licensed Class A Virginia Contractor No. ______________ Specialty______________ Licensed Class B Virginia Contractor No. ______________ Specialty______________ Licensed Class C Virginia Contractor No. ______________ Specialty ______________

iv. Contractor Responsiveness

HRHA has the following expectations for Contractor responsiveness:

A. Respond to voicemail messages within 24 hours of date/time voicemail is delivered to the vendor.

B. Respond to email communications from HRHA within 2 hours C. Provide a 24 hour notification to HRHA Project Lead if deliverable deadline cannot be met.

The contractor must provide an explanation with a new deliverable date.

D. Once engaged, Contractor will have routine “project status update” meetings with

HRHA Project Lead on dates mutually agreed upon in advance.

E. Perform Emergency Work within 2 Hours Notice F. Perform Scheduled Work within 5 days Notice

v. Reports

The Contractor shall provide a status report to HRHA on a monthly basis on all work requests and assignments and status. The report is due on the first Friday of the month by 10:00am by email.

vi. Acceptance of Goods/Services

Goods/services delivered shall remain the property of the Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of HRHA.

The goods/services must comply with the specifications and terms and conditions of the Request and be of the highest quality. In the event, the goods/services supplied to HRHA are found to be defective or not to conform to specifications, HRHA reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor’s expense.

vii. Worksite Damages

Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to HRHA’s satisfaction at the contractor’s expense.

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viii. Payment HRHA has the following policy for payment on invoices. HRHA payment terms are net 30 or 2% net 10. All work shall be inspected and signed off by the Authority’s Authorized Representative before the work is deemed complete. No payment will be made until all work is completed to the satisfaction of the Authority’s Authorized Representative. Any deficiencies must be corrected before the invoice is paid.

Invoices may be mailed to Hopewell Redevelopment & Housing Authority, Attn.

Accounts Payable, P.O. Box 1361, Hopewell, VA 23860-1361 or emailed to accountspayable@hopewellrha.org. Phone number (804) 458-5160.

HRHA may withhold payments for:

• deficient workmanship;

• incomplete work

• failed inspections;

• failed clearance testing;

• inadequate documentation;

• failure to comply with safety requirements;

• failure to meet contract specifications

• all required reports are submitted;

• warranties are delivered;

• required inspections are approved;

• the Authority issues written final acceptance.

Final payment shall not be issued until:

• all deficiencies are corrected;

• all punch-list items are completed (if applicable);

SECTION 2- PROPOSAL INSTRUCTIONS

1. General The instructions below provide guidance for the preparation and submission of proposals.

Their purpose is to establish the requirements; format and content of proposals so that proposals are complete, contain all essential information and can be evaluated fairly. The following represents the extent of the instructions and conditions:

mailto:accountspayable@hopewellrha.org

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2. Inquiries concerning the RFP should be submitted in writing to the issuing office:

N. Denise Henderson Procurement Specialist 350 East Poythress Street PO Box 1361 Hopewell VA 23860 Phone: 804-670-6223 Email: denise.henderson@hopewellrha.org

3. Submission Date

Proposals shall be submitted in original and two (2) copies to enable the Evaluation Committee to thoroughly evaluate the proposals and to arrive at a sound determination as to whether or not the contractor can meet the requirements set forth in this RFP. Proposals shall be submitted in sealed envelopes and marked "RFP#2026-04, Plumbing Services Proposal". All proposals shall be received no later than 3:00 p.m. local time on Friday, September 25, 2026, and submitted to the address identified in paragraph 2. above. Email proposals will be accepted. Since proposals are submitted in confidence and may contain proprietary information, they are not opened publicly.

After the closing date, all proposals received are opened and evaluated in confidence. Proposals and any changes to those proposals are shown only to HRHA personnel who have been authorized by the Contracting Officer as having a legitimate interest in them on the condition that information in the proposals will not be released to anyone who has not been so authorized.

All proposals shall be valid for 90 days.

All proposal information must be submitted on the attached "Plumbing Services Proposal Information Forms".

4. Acknowledgment of Amendments

Contractors shall acknowledge in their proposals receipt of amendment(s) to this RFP by signing the document on the acknowledgment line of the amendment. A contractor's failure to acknowledge an amendment may result in rejection of the offer.

5. Proposal Content

Please provide a general overview of your organization, including the following: the nature of ownership (LLC, Inc., etc), the number of employees, and the year the organization was founded.

a. Describe the full scope of services and support by your organization to include staffing.

b. Explain the organization’s experience working with housing communities.

c. Each vendor must submit the names, addresses, telephone numbers, and emails of three (3) references that have used your plumbing services within last 5 years.

HRHA RFP 2026-04 9

d. List any specifications, requirements, terms and conditions in the RFP that the vendor will not conform to; or, Include a statement that indicates the vendor intends to conform to the RFP Statement of Work and all terms and conditions.

Price Proposal- The offeror shall submit in writing its intention to comply with the scope of services in its entirety as contained in this Request for Proposal. Offerors shall submit pricing for each service area listed in the Scope of Services section of this RFP. Failure to provide pricing for all services listed and all communities will render the proposal nonresponsive and subject proposal will be removed from the evaluation process.

Pricing Schedule

The Contractor agrees to provide services in compliance with the scope of work and terms and conditions of this solicitation for the following rates. The contractor agrees to furnish the goods/services as specified herein, and in compliance with the terms and conditions of this RFP at the following prices:

Please note the below table represents an illustrative sample price list. Offeror are free to utilize the SOW in this RFP to compose its price list.

Exhibit A- PRICE LIST

Service Proposed Price/Rate

Repair Sink, Replace/Install Sink Replace Water Heater Clear Drains Replace Non-Functioning Faucets Replace plumbing components Install, Repair Modify Water, Sewer Drain Lines

Install Sinks, Showers, Toilets, Urinals, Hot Water Heaters, Well Pumps, Holding Tanks

Install/Repair Commercial Gas Pipes, Pipe Insulation and Heat Caps

Other (please specify)

6. Default by Contractor

In the event of default by the successful contactor, HRHA may procure the services specified from other sources. The contractor agrees to reimburse HRHA for any additional costs incurred as a result of such default.

HRHA RFP 2026-04 10

7. Awards

HRHA reserves the right to cancel this RFP or to reject, in whole or in part, any and all proposals received in response to this RFP, upon its determination that such cancellation or rejection is in the best interests of HRHA. HRHA further reserves the right to waive any minor informality's in any proposals received if it is in the public interest to do so. The decision as to who shall receive a contract award, or whether or not an award shall be made as a result of this RFP, shall be at the absolute, sole discretion of HRHA. HRHA reserves the right to and make award to a single contractor or to make awards to multiple contractors.

8. Complete and Accurate Submission

A contractor's failure to provide accurate information in response to this RFP may disqualify the contractor from further participation in the landscaping and lawn maintenance services selection process.

A proposal may be corrected, modified, or withdrawn, provided that the correction, modification, or request for withdrawal is made by the contractor in writing and is received at the place prior to the date and time designated in the RFP for final receipt of proposals. After such date and time, the contractor may not change any provision of its proposal in a manner prejudicial to the interests of GHA and/or fair competition.

9. Retention

All proposals are the property of the Hopewell Redevelopment & Housing Authority, shall be retained by HRHA, and shall not be returned to the contractor.

10. Insurance

Within ten (10) days after the award of the contract and prior to the commencement of work, the Contractor shall furnish HRHA with evidence showing that the following insurance is in force and will cover all operations of the contract:

a. Worker's Compensation Insurance - in accordance with state law, for all employees working on the project.

b. Contractors Liability in limits not less than $100,000/$300,000 bodily injury and $100,000 property damage, or as required by law. This insurance should protect the Contractor against claims for personal injury, death, and damage to the property of others. This insurance shall cover the use of all equipment and vehicles on the work site.

c. Automobile Liability in limits not less than $100,000 bodily injury and $50,000 property damage.

HRHA RFP 2026-04 11

All insurance shall be carried with companies that are financially responsible. If such insurance is due to expire during the contract period, the Contractor shall not permit the coverage to lapse and shall furnish evidence of coverage to HRHA.

11. First time Contractors to include a list of a minimum of three current references, license number, and the completed W9 form.

12. Subcontractors

a. Unless otherwise stated within the RFP documents, the successful contractor may not use any subcontractors to accomplish any portion of the services described within the RFP documents or the contract without the prior written permission of the HRHA.

b. The subcontractor shall not enter into any sublet work assigned and contracted through the prime contractor. The prime contractor shall be responsible for the compliance by all subcontractors. A breach of this compliance may be grounds for termination of the contract and for debarment as a contractor and subcontractor.

13. References

At least three references, including company name, contract person, addresses and telephone number, any addresses of public housing authorities and/or similar organizations for whom has been performed within the past five years, must be submitted as part of the proposal. (Refer to, Proposal Information Form).

14. Required Documents to be submitted with your proposal:

a. Signed statement that neither the firm nor members of the firm are debarred, suspended or otherwise prohibited from professional practice by any federal, state, or local oversight, regulatory or law enforcement authority.

b. Signed Statement that Offeror shall comply with the entire Scope of Services of the RFP.

c. Statement that the firm is financially sound and has financial resources sufficient to successfully execute this prospective project in the time frame outlined.

d. Statement that the firm operates in full compliance with all applicable civil rights and nondiscrimination statutes, executive orders, rules and regulations.

e. Statement evidencing firm's knowledge of federal, state and local codes, especially as they relate to this project.

f. Affidavit of non-collusion.

g. HUD Forms 5369-A, 5369-B, 5369-C (attached).

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h. HUD Forms 5370-C (attached)

i. Pricing proposal for each service listed in the Scope of Services for each of the four communities (Davisville, Thomas Rolfe, Piper Square, Central Office)

15. Evaluation Process and Criteria

General

All proposals will be evaluated based on the evaluation criteria outlined in this section. The evaluation committee will Review all proposals according to the evaluation factors and points and determine which proposals are competitive and which are noncompetitive. This is a best value procurement.

Those proposals determined to be competitive will be further evaluated and scored. Negotiations may be held with one or more offerors with negotiations resulting in a contract for services.

Evaluation Criteria

1. Experience of the contractor in all aspects of plumbing services requested in this RFP on projects of similar size and scope. This criteria includes contractor’s past performance for HRHA whether it was satisfactory or unsatisfactory. 45 POINTS

2. The contractor’s capacity to handle this project in a timely manner: 35 POINTS

3. Cost of Services. The cost will not be the sole determinant for award of this contract. 20 POINTS

HRHA RFP 2026-04 9

NOTE: THE PENALTY FROM MAKING FALSE STATEMENTS IN OFFERS IS PRESCRIBED IN

18 C.S.C.100.

DATE:_________________________________ NAME OF BIDDER: ____________________________________

Official Address: BY: _______________________________________________________

________________________________________ TITLE: ___________________________________________________

________________________________________ VA LICENSE NUMBER: ________________________________

________________________________________ PHONE NUMBER: _____________________________________

THIS FORM MUST BE SUBMITTED WITH THE BID PROPOSAL.

12.0 HRHA RFP NO 2026-04: PLUMBING SERVICES

(This Form must be fully completed and submitted.)

(1) Prime (This form must be completed by the Prime Contractor and for each subcontractor).

(2) Name of Firm: Phone: Fax:

(3) Street Address, City, State, Zip:

(4) Please attach a brief biography/resume of the company, including the following information:

(a) Year Firm Established; (b) Year Firm Established in Virginia; (c) Former Name and Year Established (if applicable); (d) Name of Parent Company and Date Acquired (if applicable).

(5) Identify Principals/Partners in Firm:

NAME TITLE % OF OWNERSHIP

(6) Identify the individual(s) that will act as project manager and any other supervisory personnel that will work on the project and submit a brief resume for each. (Do not duplicate any resumes required above):

NAME TITLE

(7) Proposer Diversity Statement: You must circle all of the following that apply to the ownership of this firm and enter where provided the correct percentage (%) of ownership of each:

Caucasian American (Male)

Public-Held Corporation

Government Agency

Non-Profit Organization

Resident Business Enterprise (RBE), Minority Business Enterprise (MBE), or Woman-Owned Business Enterprise (WBE). Qualifies by virtue of 51% or more ownership and active management by one or more of the following:

Resident- African Owned* American

Native American

Hispanic American

Asian/Pacific Hasidic Asian/Indian American Jew American

Woman-Owned Woman-Owned Disabled Other (Specify):

(WBE)

(Caucasian)

Veteran

PROFILE OF FIRM FORM

WMBE Certification Number:

Certified by:

(NOTE: A CERTIFICATION NUMBER IS NOT REQUIRED TO PROPOSE – ENTER IF AVAILABLE)

HRHA RFP 2026-04

HRHA REQUEST FOR PROPOSAL NO.RFP 2026-04:

PLUMBING SERVICES

(This Form must be fully completed and submitted.)

(8) Federal Tax ID No.:

(9) Commonwealth of Virginia Business License No.:

(10) Commonwealth of Virginia License Type:

(11) Worker’s Compensation Insurance Carrier:

Policy No.: Expiration Date:

(12) General Liability Insurance Carrier:

Policy No. Expiration Date:

(13) Professional Liability Insurance Carrier:

Policy No. Expiration Date:

(14) Debarred Statement: Has this firm or any principal(s) ever been debarred from providing any services by the Federal Government, any state government, the Commonwealth of Virginia, or any local government agency? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.

(15) Disclosure Statement: Does this firm or any principal(s) have any current, past personal or professional relationship with any Commissioner or Officer of the Housing Authority?

Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.

(16) Non-Collusive Affidavit: The undersigned party submitting this proposal or bid hereby certifies that such proposal or bid is genuine and not collusive and that said proposer entity has not colluded, conspired, connived or agreed, directly or indirectly, with any proposer or person, to put in a sham proposal or bid or to refrain from proposing or bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the proposal or bid price of affiant or of any other proposer or bidder, to fix overhead, profit or cost element of said proposal or bid price, or that of any other proposer or bidder or to secure any advantage against the Housing Authority or any person interested in the proposed contract; and that all statements in said proposal or bid are true.

(17) Verification Statement: The undersigned proposer hereby states that by completing and submitting this form he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and agrees that if the Housing Authority discovers that any information entered herein is false, that shall entitle the Housing Authority to not consider nor make award or to cancel any award with the undersigned party.

Signature Date Printed Name Company

PROFILE OF FIRM FORM

Hopewell Redevelopment & Housing Authority

Statement of Qualifications

ELIGIBLE BIDDER CERTIFICATION

I hereby affirm that the undersigned individual or firm is eligible to bid on this project and to enter into a contract with the Hopewell Redevelopment and Housing Authority and is not listed either

(1) on the Controller General’s List of Ineligible Bidders/Contractors, or (2) on and state or federal debarred list.

Executed this day of , 20 , at , Virginia.

(Name of Firm)

By:

Title:

Commonwealth of Virginia County/City of

Subscribed and sworn to (or affirmed) before me on this day of , 20 ,by , proved to me on the basis of satisfactory evidence to be the person (s) who appeared before me.

Signature

(Seal)

HRHA RFP 2026-04 12

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document

APPENDIX

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Previous edition is obsolete form HUD-5369 (10/2002)

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

Instructions to Bidders for Contracts Public and Indian Housing Programs

Previous edition is obsolete Page 1 of 4 form HUD-5369 (10/2002)

Instructions to Bidders for Contracts Public and Indian Housing Programs Table of Contents Clause Page

1. Bid Preparation and Submission 1

2. Explanations and Interpretations to Prospective Bidders 1

3. Amendments to Invitations for Bids 1

4. Responsibility of Prospective Contractor 1

5. Late Submissions, Modifications, and Withdrawal of Bids 1

6. Bid Opening 2

7. Service of Protest 2

8. Contract Award 2

9. Bid Guarantee 3

10. Assurance of Completion 3

11. Preconstruction Conference 3

12. Indian Preference Requirements 3

1. Bid Preparation and Submission

(a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect-ing the Work of the General Conditions of the Contract for Construc-tion). Failure to do so will be at the bidders’ risk.

(b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.)

(c) Bidders must submit as part of their bid a completed form HUD- 5369-A, “Representations, Certifications, and Other Statements of Bidders.”

(d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words “Bid Documents,” the Invitation for Bids (IFB) number, any project or other identifying number, the bidder’s name, and the date and time for receipt of bids.

(e) If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words “No Bid” in the space provided for any item on which no price is submitted.

(f) Unless expressly authorized elsewhere in this solicitation, alter-nate bids will not be considered.

(g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered.

(h) If the proposed contract is for a Mutual Help project (as de-scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa-tion regarding the bid advertisement is provided as an attachment to this solicitation.

2. Explanations and Interpretations to Prospective

Bidders

(a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing.

The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders.

(b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation.

3. Amendments to Invitations for Bids

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder’s receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA’s/IHA’s requirements.

(c) Amendments will be on file in the offices of the PHA/IHA and the Architect at least 7 days before bid opening.

4. Responsibility of Prospective Contractor

(a) The PHA/IHA will award contracts only to responsible prospec-tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder’s:

(1) Integrity;

(2) Compliance with public policy;

(3) Record of past performance; and

(4) Financial and technical resources (including construction and technical equipment).

(b) Before a bid is considered for award, the bidder may be re-quested by the PHA/IHA to submit a statement or other documenta-tion regarding any of the items in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award.

Previous edition is obsolete Page 2 of 4 form HUD-5369 (10/2002)

5. Late Submissions, Modifications, and Withdrawal of Bids

(a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it:

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or

(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and observed holidays.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S.

or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impres-sion) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

(d) The only acceptable evidence to establish the time of receipt at the PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or other documentary evidence of receipt maintained by the PHA/IHA.

(e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service.

“Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service.

Therefore, bidders should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper.

(f) Notwithstanding paragraph (a) of this provision, a late modifica-tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted.

(g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

6. Bid Opening All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present.

7. Service of Protest

(a) Definitions. As used in this provision:

“Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

“Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation.

(b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from —

[Contracting Officer designate the official or location where a protest may be served on the Contracting Officer]

(c) All protests shall be resolved in accordance with the PHA’s/ IHA’s protest policy and procedures, copies of which are maintained at the PHA/IHA.

8. Contract Award

(a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan-tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation.

(b) If the apparent low bid received in response to this solicitation exceeds the PHA’s/IHA’s available funding for the proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA’s/IHA’s available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA’s/IHA’s available funding. If upon the application of all deductibles, no bid is within the PHA’s/IHA’s available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation.

(c) In the case of tie low bids, award shall be made in accordance with the PHA’s/IHA’s written policy and procedures.

(d) The PHA/IHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA’s/IHA’s written policy and procedures.

Previous edition is obsolete Page 3 of 4 form HUD-5369 (10/2002)

(e) Unless precluded elsewhere in the solicitation, the PHA/IHA may accept any item or combination of items bid.

(f) The PHA/IHA may reject any bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

(g) A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party.

9. Bid Guarantee (applicable to construction and equip-ment contracts exceeding $25,000)

All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening.

10. Assurance of Completion

(a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] —

[ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law;

[ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price;

[ ] (3) a 20 percent cash escrow;

[ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program).

(b) Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. U.S. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the U.S. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168.

(c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract.

(d) Failure by the successful bidder to obtain the required assur-ance of completion within the time specified, or within such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder’s bid guarantee.

11. Preconstruction Conference (applicable to construction contracts)

After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other require-ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). The PHA/IHA will provide the successful bidder with the date, time, and place of the conference.

12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

(a) HUD has determined that the contract awarded under this solicitation is subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)).

Section 7(b) requires that any contract or subcontract entered into for the benefit of Indians shall require that, to the greatest extent feasible

(1) Preferences and opportunities for training and employment (other than core crew positions; see paragraph (h) below) in connec-tion with the administration of such contracts or subcontracts be given to qualified “Indians.” The Act defines “Indians” to mean persons who are members of an Indian tribe and defines “Indian tribe” to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and,

(2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de-fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C.

1452). That Act defines “economic enterprise” to mean any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership must constitute not less than 51 percent of the enterprise; “Indian organization” to mean the governing body of any Indian tribe or entity established or recognized by such governing body; “Indian” to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act; and Indian “tribe” to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including http://www.fms.treas.gov/c570/index.html

Previous edition is obsolete Page 4 of 4 form HUD-5369 (10/2002) corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog-nized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-tracts under the contract and in providing training and employment opportunities.

(2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor’s employment and training preference bid statement shall be grounds for termination of the contract or for the assessment of penalties or other remedies.

(c) If specified elsewhere in this solicitation, the IHA may restrict the solicitation to qualified Indian-owned enterprises and Indian organi-zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If fewer than the minimum required number of qualified Indian-owned enter-prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph

(d) below.

(d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is -

(1) Within the…