RFP-2026-38 PROPERTY MANAGEMENT SERVICES.pdf

REQUEST FOR PROPOSALS

FOR

PROPERTY MANAGEMENT

SERVICES

FOR RIDGE PARC APARTMENTS,

RPD

II APARTMENTS, AND MEADOW

PARC

APARTMENTS

(Project # RFP-2026-38)

Issued by:

DHA

3939 N. Hampton Road

Dallas, TX 75212

September 9, 2026

REQUEST FOR PROPOSALS

RFP-2026-38

DHA, on behalf of Ridge Parc Development, Inc, RPD II, Inc., and Meadow Parc Development, Inc., is requesting proposals from qualified Property Management Firm(s) to provide Property Management Services for Ridge Parc Apartments, RPD II Apartments and Meadow Parc Apartments. The three properties have a total of 560 apartments / units. (DHA Project # RFP-2026-38).

Proposals submission documents may be downloaded from DHA’s Website:

https://dhantx.bonfirehub.com/portal/?tab=openOpportunities beginning, September 9, 2026.

Responses to this RFP must be submitted to DHA electronically through the online portal at Website: https://dhantx.com/business-partners/procurement/ by 2:00 p.m. Central Time on October 8, 2026. Mailed bids or delivered bids including Facsimile transmission and emails will not be accepted.

For more information, call Kenneth Duke (214) 951-8452 between the hours of 8:00 a.m.

to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 12:00 p.m. on Friday. Questions can be submitted through the online portal at Website: https://dhantx.com/business-partners/procurement/.

DHA RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS OR TO WAIVE

ANY INFORMALITIES IN THE PROPOSALS. DHA WILL NOT DISCRIMINATE ON THE

BASIS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY,

FAMILIAL STATUS, OR AGE. EQUAL HOUSING OPPORTUNITY.

https://dhantx.bonfirehub.com/portal/?tab=openOpportunities i

TABLE OF CONTENTS

REQUEST FOR PROPOSALS

I. INTRODUCTION

II. PROPOSAL SUBMISSION PROCEDURES

III. SCOPE OF SERVICES

IV. EVALUATION / SELECTION CRITERIA

V. GENERAL CONDITIONS OF THE RFP

Exhibit A: a) Instructions to Offerors Non-Construction HUD-5369-B

b) General Conditions for Non-Construction Contracts HUD-5370-C Section I

Exhibit B: Forms (Completed forms to be submitted with the proposal)

a) Business References

b) Non-Collusive Affidavit

c) Conflict of Interest Questionnaire

d) Profile of Firm

e) EQUAL EMPLOYMENT OPPORTUNITY

f) HUD Form 50071

g) CERT OF COMPLIANCE TX GOVT CODE 2271 & 2274

Exhibit C: a) Sample Contract For Services

b) Sample Certificate of Insurance

c) DHA Outside Counsel Guidlines

RFP – Property Management Services

DHA ● Procurement Department ● 3939 N. Hampton Road ● Dallas, TX 75212

SECTION I - INTRODUCTION

DHA on behalf of Ridge Parc Development, Inc, RPD II, Inc. and Meadow Parc Development, Inc (“the Owners”), hereby invites qualified and experienced management firms to submit proposals for Property Management Services as described in the scope of services that follow in Section IV. The three (3) properties have a total of 560 market rate units as shown on the following page. Two of the properties have HUD/FHA Loans.

“The Owners” intend to enter into a five (5) year contract for property management services for each property (three contracts) with the highest ranked firm.

SECTION II - PROPOSAL SUBMISSION PROCEDURES:

Proposals submitted in response to this request shall minimally include a summary of the proposer's qualifications, experience and, if applicable, credentials, licensing, certifications.

A. Submission Package

Offeror must submit electronically through the online portal at Website:

https://dhantx.com/business-partners/procurement/ by 2:00 p.m. on October 8, 2026.

Mailed bids or delivered bids including Facsimile transmission and emails will not be accepted.

B. Document Requirements

Proposals must be open and not subject to unilateral withdrawal or modification for ninety

(90) days after the proposal due date. Offerors are requested to submit proposals based on the exact requirements specified in this RFP.

The following is a description of the minimum information which must be supplied by Offerors in their proposals. It is open to all Offerors to give such supplementary facts or materials that they consider may be of assistance in the evaluation of the proposal submitted.

Proposals that omit critical elements may be considered non-responsive. Each proposal shall include a Table of Contents listing the proposal contents. Proposal packages must contain, at a minimum, the following information and materials:

a) Letter of Transmittal

Must be signed by the person authorized to commit the organization to perform the services in the proposal.

b) Proposal Table of Contents

c) Offeror Experience/Requirements

Offerors shall provide the following as evidence of their experience in the order listed:

1. Provide a description of the firm including a list of the principals and their resumes and any joint venture partnerships.

2. A listing of all multi-family housing currently managed by Offeror, with the name and contract representative of the property owners (who may be contacted as references), the length of the contract, address of the property, form of subsidy (if applicable), type of property (elderly, family, mixed), and number of units.

3. Evidence of the firm’s experience managing housing developments, and that the firm currently manages a portfolio a minimum of 500 units, use the format in Exhibit A

4. Evidence of experience in management and lease-up market rate units within a mixed income community that includes subsidized units.

5. Demonstration of knowledge of the management of multi-family housing including examples of preventative maintenance schedules; evidence of maintaining separate property bank accounts.

6. Evidence of the ability to develop and implement an effective marketing plan.

7. Resumes and position descriptions of senior management members who would be assigned to oversee the project (for example, the regional property manager). Show an organization chart of your staffing structure, including regional office locations.

8. An actual or prototypical budget and income and expense report for a property managed by the Offeror as evidence of the Offeror’s financial reporting systems and expertise in operating matters.

9. Year-end financial statements for the past three completed fiscal years for the Offeror.

10. Experience with multi-family properties financed by FHA-HUD loans.

11. Experience managing multi-family properties that require physical inspections conducted by Real Estate Assessment Center (REAC) of U.S Department of Housing and Urban Development.

12. Evidence of a real estate license for the State of Texas

Project Approach Narrative

Please refer to Section IV for information regarding the contents of this section

Minority Business Enterprise Participation

Describe and provide proof of the Offeror’s plans to maximize the utilization of minority business enterprise (MBE) and/or women’s business enterprise (WBE) firms in this management effort; Exhibit B. In addition, all proposals shall include a completed minority business enterprise form, attached as Exhibit B.

Management Fee

Offeror shall complete Section VI regarding its proposed management fee.

References

The Offeror shall submit five references. Three of the five references should be owners of properties which are currently being managed by the Offeror for two (2) or more years and one of the five references should be a financial institution doing business with the Offeror.

B. Request for Information

Proposers desiring any explanation or further information regarding this RFP must submit an email request no later than 5:00 p.m. on September 28, 2026. The request must be submitted through the online portal at Website: https://dhantx.com/business-partners/procurement/. Any clarification and or information will be furnished promptly as a written addendum to the RFP by October 2, 2026 and will be posted on https://dhantx.com/business-partners/procurement/.

C. Anticipated Schedule of Events

The anticipated schedule for the RFP and contract approval is as follows:

EVENT DATE

RFP available for distribution September 9, 2026

Deadline for Receipt of written Questions September 28, 2026 at 5:00 p.m.

Response to written questions Ocotber 2, 2026

Proposal Due Date October 8, 2026, at 2:00 p.m.

Anticipated Selection Date TBD

DHA reserves the right at its sole discretion to amend any or all of the dates associated with the anticipated schedule of events.

SECTION III - SCOPE OF SERVICES

Management services shall include, but may not be limited to, the following duties and responsibilities:

A. Management services include new tenant intake, marketing, determination of applicant eligibility, applicant screening, and tenant selection;

B. Management shall execute lease contract, including explaining the lease and all attachments;

C. Maintain the occupancy rate established in the management agreement;

D. Collection of rent, late fees and tenant charges for repairs caused by negligence;

E. Lease enforcement, including tenant obligations;

F. Full maintenance repair of the development (not including capital improvements – major upgrades, rehabilitation to building structures and site as determined by the Owner);

G. Full responsibility for hiring and firing of staff, and staff training; H. Conducting REAC inspections

I. Unit turnover, including preparing vacated units for re-leasing and leasing; J. Capital repairs, as directed (and separately funded) by the Owner;

K. Purchase of all required supplies and services;

L. Full fiscal management responsibilities including preparing annual operating budgets, monthly, quarterly and annual; financial reporting, providing necessary information to auditors hired by owners and keeping expenses and income within approved budget amounts;

M. Ensure that the entire complex is kept safe, sanitary, and decent for all

Residents;

N. Provide monthly financial reports to the owner for each property due no later than the 10th of each month.

O. Provide monthly financial reports to regulatory authorities for each property due no later than the 15th of each month.

P. Contractor must invoice each DHA property on a separate invoice every month. Each invoice must contain a purchase order number which will be provided by each property.

The contractor shall provide each property with a copy of the invoice and send the original invoice for the property to:

DHA

Accounts Payable

AP@dhantx.com

3939 N. Hampton Road

Dallas, TX. 75212

Overview - Developments

The table below provides property Name, Unit Mix and Entities for the subject properties.

The total property management shall include three properties constituting a total of 560 units.

Property Address Year Built

Bed Room Mix Total

OWNER 1 2 3 4 Units

Bdrm. Bdrm. Bdrm. Bdrm.

Ridge Parc

Clarkridge Dallas TX

75236 2002 56 96 88 8 248

Ridge Parc Development, Inc

RPD II

Clarkwood Dallas TX

75236 2006 72 56 0 0 128 RPD II, Inc

Meadow Parc

Duncanville Dallas TX

75236 1998 0 72 104 8 184

Meadow Parc Dvelopment, Inc.

TOTALS: 560

SECTION IV – EVALUATION / SELECTION CRITERIA

A selection committee composed of DHA staff will review proposals in accordance with this RFP and will select the firm most advantageous and supportive of the agency’s needs.

The firm must demonstrate it will create a successful, proactive and strategic business relationship with the DHA. The selection committee may, at its discretion, request interviews with proposers to discuss specific aspects of their proposal.

All proposals will be evaluated in accordance with the following criteria:

Proposal will be rated for this criteria based on the information provided in Section II (B) c.

Offerer Experience/Requirements. Please ensure your proposal covers the information below in your response

1. Qualification and Capacity of Proposed Project Team (20 points)

Please provide the following.

a. The management company’s organizational structure, to determine whether the depth and breath of the management staff is sufficient to assure the fiscal and physical well-being of the Developments.

b. The management company’s history and resumes of senior management staff, to verify that there is sufficient experience in multi-family real estate management to assure the fiscal and physical health of the Developments.

c. The staffing plan and job descriptions for the proposed on-site staff, to ensure the number and required skill levels of the employees will be sufficient to address the needs of the physical properties and tenancy.

d. Describe the minimum training criteria for staff and overall experience level of the organization.

2. Evidence of Related Experience (20 points)

Proposal will be rated for this criteria based on the information provided in Section II B.c.

Offerer/Experience/Requirements. Please ensure your proposal covers the information below in your response.

Provide a list of the properties in the proposed management company’s portfolio, to determine whether all of the company’s properties maintain high occupancy levels and have similar tenant and location characteristics as the Developments. Please provide the following for each.

a. Business name, address, and telephone number.

b. Name of contact person.

c. Dates you were involved with project.

d. Br ief description of the development, including occupancy, location, number of units and tenancy.

e. Descr ibe the results of any HUD or Housing Agency audits and inspections.

f. Brief description of services rendered. Be specific as to your firm’s role (planning, training, etc.) in each.

Provide copies of procedure manuals for site staff, maintenance personnel, compliance professionals and accounting staff to determine whether the company has sound management practices that will ensure the fiscal and physical health of the Developments.

3. Knowledge of Applicable HUD Regulations Compliance monitoring, and State and local Landlord/Tenant Law (15 points)

Proposal will be rated for this criteria based on the information provided in Section II B.c. Offerer Experience/Requirements. Please ensure your proposal covers the information below in your response.

For each personnel assigned to the contract, submit evidence of training, certifications, and working experience with properties with HUD-subsidizes or loans.

a. For each management (non-maintenance) personnel assigned, submit evidence that demonstrates a working familiarity with Landlord/Tenant Laws.

4. Project Approach (15 points)

Proposal will be rated for this criteria based on the information provided in Section II

d. Project Approach Narrative. Please ensure your proposal covers the information below in your response.

Submit a narrative outlining and describing your approach in the following areas:

a. Preparation of marketing materials and pre-leasing strategies;

b. Project lease-up, including:

I. Initial tenant compliance (complete tenant file review and retention).

c. Fiscal and operations reviews, including:

I. Annual reviews for each Development, II. Analysis of financial and operation reports, III. Analysis of actual versus forecasted operations, and IV. Analysis of the balance sheet, debt coverage ratio, income and expenses, reserve balances and investment market value.

d.Tenant screening criteria for fair housing, program eligibility, and credit and background checks.

e.How you would ensure professional project inspections are conducted as required by the Management Agreement? What other monitoring methods will you employ including market updates.

f. Describe how you would address reporting. Be specific in the periodic reports and types of recommendations you would prepare. Also include how events of material noncompliance would be documented and reported. Include:

I. Portfolio/project summary, II. Lease-up report,

5. Proposed Fee and Adjustment Schedule (30 points)

Proposal will be rated for this criteria based on the information provided in Section II B.f.

Management Fee. Please ensure your proposal covers the information below in your response.

Provide a fixed fee schedule for the full scope of work, including any reimbursable or other costs to be charged to the Owner entities as follows:

a. Overall management expertise, including coordination of the services of the property manager and bookkeeping,

b. Managing, tenant screening, including, landlord, credit and background checks,

c. Monitoring project operations, including training, hiring and supervision of on-site staff and management Agent’s corporate office staff,

d. Advertising, tenant suitability evaluation or other costs of leasing units,

e. Preparation and monthly monitoring of an annual budget and actual expenditures,

f. Preparation and distribution of monthly reports,

g. Preparation and distribution of annual reports of operation and maintenance,

h. Preparation of requests for reserve withdrawal, rent adjustment, rehabilitation and energy conservation proposals, plans and specifications,

i. Execution and monitoring of service contracts,

j. Coordination with agencies offering resident services referral programs,

k. Site inspections and reports,

l. Supervision of program’s direction and general overall management,

m. Review tenant certifications,

n. Site office telephone service or calls by Management Agent to site office or Owner,

o. Meetings with Owners, and/or lenders,

p. Development and preparation of management plans and agreements,

q. Placing property insurance in compliance with project documents (but not the cost of the insurance),

r. Preparation and distribution of site employees’ payroll reports, including preparation and distribution of payroll checks,

s. Staff recruitment, training, and retention for the above functions,

t. Advertising and rental of community facilities.

SECTION VI - MANAGEMENT FEE

Please list the proposed monthly Management Fee for each property. Fee will be based on the percentage of the total revenue collected per property.

PROPERTY PERCENTAGE FEE TOTAL AVAILABLEUNITS

Ridge Parc Apartments

RPD II Apartments

Meadow Parc Apartments

TOTALS:

SECTION V - GENERAL CONDITIONS OF THE RFP

A. General Conditions

1. DHA reserves the right to accept or reject any and all Proposals submitted, either in whole or in part, with or without cause; to waive any informalities of any Proposal; to cancel this RFP; and, to make the award in the interest of DHA.

2. DHA reserves the right to request additional information, if needed, from prospective contractors.

3. In the event that it becomes necessary for DHA to revise any part of this RFP, revisions will be posted on DHA website.

4. All Proposals submitted in response to this RFP will be considered public information and may be made available to the general public (including news media) unless confidential and / or proprietary information is submitted under separate cover and is clearly designated as such.

5. The Proposer shall provide a presentation and attend a pre-selection interview if requested to do so by DHA.

6. The Proposer affirms that he/she is of lawful age and that no other person, firm, partnership, or corporation has any interest in this submittal or in the contract proposed to be entered into.

7. The Proposer affirms that its Proposal is made without any understanding, agreement or connection with any other person, firm, partnership, or corporation making a submittal for the same purpose, and is in all respects fair and without collusion or fraud.

8. DHA may award one or more contracts for services under this RFP.

9. The Proposer has carefully read the provisions, terms, and conditions of the proposal document and does hereby agree to be bound thereby.

10. DHA retains the right to negotiate with the selected firm.

11. The Proposer must meet DHA’s insurance and indemnification requirements set forth herein in the attached sample contract.

B. Acceptance of RFP and Contract Terms

Proposer's submission of a proposal in response to the RFP shall constitute acceptance by the Proposer of the terms and conditions of this RFP. In the event that the Proposer's proposal is accepted for contract award, the Proposer agrees to enter into a contract with DHA in a form substantially similar to the contract form appended hereto as Exhibit C. Proposer also agrees to the terms and conditions of DHA’s Outside Counsel Guidelines.

C. Contract Award

Subject to the rights reserved in this RFP, DHA will award the contract by written notice to the selected Proposer (the "Contractor"). The award of the contract is subject to the approval of DHA Contract Administrator and it shall be conditioned on the successful negotiation of revisions, if any, to the proposal, recommended as part of the evaluation of proposals.

D. Term of Contract

DHA intends to enter into a 3-year contract with options to renew the contract for two additional one-year periods.

E. No Warranty

Proposers are required to examine the RFP, scope of services, and instructions pertaining to the services requested. Failure to do so will be at the Proposer's own risk. It is assumed that the Proposer has made full investigation as to be fully informed as to the extent and character of the services requested. No warranty or representation is made or implied as to the information contained in this RFP.

F. Expense of RFP Submission

All expenses incurred in the preparation and submission of the proposals to DHA in response to this RFP shall be borne by the Proposer.

EXHIBIT A

a) INSTRUCTIONS TO OFFERORS NON-CONSTRUCTION HUD-

5369-B

b) GENERAL CONDITIONS FOR NON-CONSTRUCTION

CONTRACTS HUD-5370-C Section I

Instructions to Offerors Non-Construction US. Department of Housing and Urban Development Office of Public and Indian Housing - 03291-

Previous Edition is obsolete form HUD-5369-B (8/93)

Ref Handbook 7460.8

1. Preparation of Offers

(a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offerors' risk.

(b) Each offeror shall furnish the information required by the solicitation. The offeror shall sign the offer and print or type its name on the cove sheet and each continuation sheet on which it makes an entry Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agents authority, unless that evidence has been previously furnished to the HA.

(c) Offers for services other than those specified will not be considered.

2. Submission of Offers

(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicitation number, and the name and address of the off error.

(b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraph notice.

(c) Facsimile offers, modifications or withdrawals will not be considered unless authorized by the solicitation.

3. Amendments to Solicitations

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

(b) Offerors shall acknowledge receipt of any amendments to this solicitation by

(1) signing and returning the amendment;

(2) identifying the amendment number and date in the space provided forth is purpose on the form for submitting an offer,

(3) Letter or telegram, or

(4) facsimile, if facsimile offers are authorized in the solicitation. The HAJHUD must receive the acknowledgment by the time specified for receipt of offers.

4. Explanation to Prospective Offerors

Any prospective offeror desiring an explanation or interpretation of the solicitation statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers, Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors.

5. Responsibility of Prospective Contractor

(a) The HA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must -

(1 ) Have adequate financial resources to perform the contract, or the ability to obtain them;

(2) Have a satisfactory performance record;

(3) Have a satisfactory record of integrity and business ethics;

(4) Have a satisfactory record of compliance with public policy (e.g., Equal Employment Opportunity);

and

(5) Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for inspection at the

HAMUD.

(b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional information may render the offeror ineligible for award.

6. Late Submissions, Modifications, and Withdrawal of Offers

(a) Any offer 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 HAl HUD that the late receipt was due solely to mishandling by the HAIHUD after receipt at the HA;

(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 U.S. Federal holidays; or

(4) Is the only offer received.

(b) Any modification of an offer, except a modification resulting from the HA’s request for “best and final” offer (if this solicitation is a request for proposals), is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.

(c) A modification resulting from the HA’s request for ‘best and final” offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the HA after receipt at the HA.

(d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both an 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 offer, 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 impression) 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, offerors should request the postal clerk to place a hand cancellation bulls-eye postmark on both the receipt and the envelope or wrapper.

(e) The only acceptable evidence to establish the time of receipt at the HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA.

(f) The only acceptable evidence to establish the date of mailing of a late offer, 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 US. Postal Service. “Postmark” has the same meaning as defined in paragraph (C) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to pace a legible hand cancellation bulls-eye postmark on both the receipt and the envelope or wrapper.

(g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA will be considered at any time it is received and may be accepted.

(h) If this solicitation is a request for proposals, proposals 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 award. Proposals may be withdrawn in person by an offeror or its authorized representative if the entity of the person requesting withdrawal is established and the person signs a receipt for the offer before award. If this solicitation is an Invitation for bids, bids may be withdrawn at any time prior to bid opening.

7. Contract Award

(a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the HA, cost or price and other factors, specified elsewhere in this solicitation, considered.

(b) The HA may

(1) reject any or all offers if such action is in the HA’s interest,

(2) accept other than the lowest offer,

(3) waive informalities and minor irregularities in offers received, and (4) award more than one contract for all or part of the requirements stated.

(c) If this solicitation is a request for proposals, the HA may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint.

(d) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party.

If this solicitation is a request for proposals, before the offer’s specified expiration time, the HA may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the HA.

(a) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract.

8. Service of Protest

Any protest against the award of a contract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledgment of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor.

9. Offer Submission

Offers shall be submitted as follows and shall be enclosed in a sealed envelope and addressed to the office specified in the solicitation. The proposal shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the offeror, on the face of the envelope.

It is very important that the offer be properly identified on the face of the envelope as set forth above in order to insure that the date and time of receipt is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes identified as proposals and deliver them immediately to the appropriate contracting official, and only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity only through the routine mail delivery procedure.

[Describe bid or proposal preparation instructions here:]

RFP – Broker Services for Employee Benefits

General Conditions for Non-Construction Contracts

Section I – (With or without Maintenance Work)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 11/30/2023) HUD-5370-C Section I

Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.

Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

1) Non-construction contracts (without maintenance) greater than $150,000 -use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.100) greater than$2,000 but not more than $150,000 -use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $150,000

– use Sections I and II.

Section I - Clauses for All Non-Construction Contracts greater than $150,000

1. Definitions

The following definitions are applicable to this contract:

(a) "Authority or Housing Authority (HA)" means the Housing Authority.

(b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification.

(c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract.

(d) "Day" means calendar days, unless otherwise stated.

(e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary.

2. Changes

(a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered.

(b) If any such change causes an increase or decrease in the hourly rate, the not-to- exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to- exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly.

(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA.

3. Termination for Convenience and Default

(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall:

(i) immediately discontinue all services affected (unless the notice directs otherwise); and

(ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process.

(b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination.

(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may

(i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above;

(ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA;

(iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor.

(d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph

(b) above.

(e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein.

4. Examination and Retention of Contractor's Records

(a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000.

(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:

(i) appeals under the clause titled Disputes;

(ii) litigation or settlement of claims arising from the performance of this contract; or,

(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions.

5. Rights in Data (Ownership and Proprietary Interest)

The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.

6. Energy Efficiency

The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.

7. Disputes

(a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under the clause.

(b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA.

(c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive.

(d) Provided the Contractor has (i) given the notice within the time stated in paragraph

(c) above, and (ii) excepted its claim relating to such decision from the final release, and

(iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction.

(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.

8. Contract Termination; Debarment

A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part 24.

9. Assignment of Contract

The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.

10. Certificate and Release

Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.

11. Organizational Conflicts of Interest

(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's orhanizational, financial, contractual or other interests are such that:

(i) Award of the contract may result in an unfair competitive advantage; or

(ii) The Contractor's objectivity in performing the contract work may be impaired.

(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict.

The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the HA.

(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the HA may terminate the contract for default.

(d) The terms of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

12. Inspection and Acceptance

(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor.

(b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA.

(c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received.

13. Interest of Members of Congress

No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees

No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

15. Limitation on Payments to Influence Certain Federal Transactions

(a) Definitions. As used in this clause: "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal Action" means any of the following Federal actions:

(i) The awarding of any Federal contract;

(ii) The making of any Federal grant;

(iii) The making of any Federal loan;

(iv) The entering into of any cooperative agreement; and,

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment;

(ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.;

(iii) A special Government employee as defined in section 202, title 18, U.S.C.; and,

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2.

“Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States,…