RFQ No. RQ26001 - Wooster Manor Rennovations.pdf

REQUEST FOR QUALIFICATIONS (RQ26001)

REHABILITATION/RENOVATION SERVICES | DANBURY HOUSING AUTHORITY

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THE HOUSING AUTHORITY OF THE CITY OF DANBURY

DANBURY, CONNECTICUT

REQUEST FOR QUALIFICATIONS

RFQ No. RQ26001

Rehabilitation/Renovation Services for

Wooster Manor 36 West Wooster Street, Danbury, CT 06811

98 One-Bedroom Units

February 2026

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INTRODUCTION

The Housing Authority of the City of Danbury (“HACD” or “The Authority”) is a public body created under the Laws of the State of Connecticut to provide federally subsidized housing to low-income families within Fairfield County. HACD is headed by Devin Marra, Executive Director, governed by a five-member Board of Commissioners and is subject to all relevant parts of the Code of Federal Regulations (hereinafter, “CFR”) and HACD’s procurement policy. The Housing Authority is located in Danbury, CT, a town of about 86,500 people.

In keeping with its mission to provide efficient and effective services, HACD is converting all 98 public housing units at a project named “Wooster Manor” to project-based Section 8 assistance via HUD’s Rental Assistance Demonstration (“RAD”) Program. Upon completion, all 98 units will be subsidized via long-term Section 8 contracts.

The purpose of this RFQ is to select a General Contractor to rehabilitate all 98 units as part of the conversion initiative. The rehabilitation work will be funded by a HUD Section 221(d)(4) substantial rehabilitation loan.

All proposals submitted in response to this solicitation must conform to the requirements and specifications outlined within this document and any designated attachments in its entirety.

Contractors will be selected based on total combined scores (criteria detailed below) then invited for an interview with the Authority. Pricing is not required as part of an initial response to this

RFQ.

Scheduling is dependent on the RAD conversion process, but construction is expected to begin in early 2027.

The actual scope of work is expected to consist of the items detailed below but is subject to change based on further due diligence.

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RFQ INFORMATION AT A GLANCE

RELEASE DATE: February 9th, 2026

CONTACT:

Devin Marra, Executive Director Telephone: 203-744-2500 x1210 E-Mail: dmarra@hacdct.org

HOW TO OBTAIN RFQ: Please select the following link to register on the HACD Procurement Portal and Navigate to RFQ No. RQ26001:

https://ha.internationaleprocurement.com/requests.html?company_id=49968

QUESTION DEADLINE: February 26th, 2026, 5 p.m. EST.

Please submit questions to: dmarra@hacdct.org cc.kylej@bedfordlending.com

PROPOSAL DEADLINE: March 3rd, 2026, 5 p.m. EST.

PROPSAL SUBMITAL: Proposals must be uploaded to the secure website listed above. HACD will not accept email submissions for the main proposal file due to size limitations.

INTERVIEWS: March 30th, 2026 Zoom/Teams unless otherwise notified.

ANTICIPATED BOARD

APPROVAL:

Prior to April 30th, 2026.

1.0 RESERVATION OF RIGHTS. HACD reserves the right to reject any proposals, waive informalities, terminate the process, or not award a contract if in its best interest. HACD may negotiate fees, request revised proposals, or disqualify proposers who fail to meet requirements. HACD is not liable for costs incurred by proposers during the RFQ process.

2.0 Definitions. Throughout this RFQ and all resulting documents:

2.1 “Contract,” refers to the fully executed written agreement that ensues from the RFQ.

2.2 “Contractor,” and “General Contractor”, “GC”, "successful proposer" or “proposer” may be used interchangeably.

3.0 SCOPE OF WORK/TECHNICAL SPECIFICATIONS. HACD is seeking proposals from qualified and licensed general contractors who specialize in multifamily residential dwelling renovations / rehabilitations to perform renovation duties at Wooster Manor, an elderly (62+) multifamily development in Danbury, CT.

HACD engaged Partners Engineering to complete a RAD Physical Needs Assessment (“RPCNA”), Phase I Environmental, and radon and asbestos analysis on the subject property in 2025 to define an initial scope of work. These reports are included as an attachment to this RFQ (Attachment C).

mailto:dmarra@hacdct.org mailto:dmarra@hacdct.org mailto:kylej@bedfordlending.com

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The Project Architect, Paul B. Bailey Architect, LLC, reviewed the RPCNAs and, upon further discussions with the owner, provided the following scope of work for the purposes of this RFQ:

Item Description Architectural & Exterior Façade upgrade (stain brick) Front entrance upgrade Replace balcony railing Seal ledges above windows & repair rebar at balconies Windows (aluminum) replacement Replace dwelling unit entry doors and balcony doors Asphalt crack sealant repairs

Unit Interiors Flooring throughout the building and units Kitchen counters & cabinets upgrade Kitchen appliances (refrigerator, range) Unit Bathroom fixtures (tub, toilet, sink) replacement Bathroom accessories upgrades Paint units & common areas 4 additional accessible units

Common Areas & Amenities Convert Community Kitchen to Physical Therapy/Exercise space Convert office off Community Room to IT Room Mailbox correct height for accessibility Stair Guard Rails

Mechanical, Electrical & Plumbing (MEP) AC system PTAC units Update boilers to high-efficiency models Replace air flow system (corridors/roof ERV) Fire sprinkler modernization Restore bearing at fire pump Generator (Emergency Power) Domestic Hot Water Storage Tanks Replace main plumbing line (sewer main below slab) Replace gate valves with ball valves Replace all plumbing runouts from shaft risers Plumbing Systems - supply lines (copper) Provide under sink insulation at accessible units

Electrical Upgrades Federal Pacific Panel replacements (92 units)

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Update lighting on upper floors Internet upgrades (wireless access points) Smoke detector systems Emergency call system

3.1 Introduction. This solicitation is a request for qualifications. The HACD anticipates creating a shortlist of up to three Contractors and making a final selection of a single Contractor for performing rehab work at Wooster Manor but does not guarantee any minimum or maximum awardees for this solicitation. Pricing is not required as part of an initial response to this RFQ.

3.2 General Duties. The General Contractor shall be required to oversee construction duties in a variety of trades including but not limited to that which is detailed in Section 3.0 above. The General Contractor will also assist with and adhere to Cost Certification requirements upon project completion, as required by the HUD Section 221(d)(4) program (if the form of the HUD construction contract is cost-plus).

3.3 Pricing Process (UPON SELECTION)

3.3.1 The ensuing Contractor shall provide HACD with detailed pricing for the scope of work identified for each community.

3.3.2 The successful proposer must understand that the final scope of work, schedule, and all cost breakdowns are subject to review and written approval by the HUD Lender and HUD staff prior to the issuance of a notice to proceed.

3.4 Value Engineering and Schedule. HACD will work with the selected Contractor to reach agreement on final scope and pricing to assure all work can be performed within the available budget. Contractor shall provide HACD with a detailed construction schedule (not required as part of an initial response to this RFQ), and the schedule must minimize any off-site relocation and allow for transferring of tenants from one unit to another in so far as possible and in compliance with the RAD Fair Housing, Civil Rights, and Relocation Notice.

3.4.1 Liquidated Damages. For every day that the Contractor exceeds the Completion Date, as agreed to and defined by the HUD-92442M Construction Contract executed at closing, liquidated damages may be assessed.

3.5 Subcontractors. The ensuing Contractor must inform HACD of any and all subcontractors who shall perform rehabilitation, general construction, inspection, or any related duties at any site location.

3.5.1 Any subcontractors who are debarred as shown on the System for Award Management (SAM) or HUD’s Limited Denial and Participations List (LDP) are not eligible to work on the ensuing contract.

3.6 Licensing and Insurance Requirements. The proposer is required to show proof of the following insurance capabilities within their proposal in the form of a Certificate of Insurance

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(COI):

3.6.1 Worker’s Compensation Insurance. An original certificate evidencing the proposer’s current industrial (worker’s compensation) insurance carrier and coverage amount as applicable to the State of Connecticut Worker’s Compensation laws;

3.6.2 General Liability Insurance. An original certificate evidencing General Liability coverage. If selected, this certificate must be updated as applicable to meet or exceed the requirements of the HUD Section 221(d)(4) program;

3.6.3 Bonds. The General Contractor must furnish, for the final Construction Contract, a 100% Performance Bond and a 100% Payment Bond from a surety acceptable to the HUD-approved Lender, HUD staff, and HACD. The bonds must be submitted on Form HUD-92452M (Performance Bond - Dual Obligee) and Form HUD-92452A-M (Payment Bond). No other bond forms will be accepted.

For the purposes of this RFQ, basic proof (letter from surety, etc.) that equivalent bonding capacity is available is acceptable;

3.6.4 Automobile Insurance. An original certificate showing the proposer's automobile insurance coverage in a combined single limit of $1,000,000. For every vehicle utilized during the term of this program, when not owned by the entity, each vehicle must have evidence of automobile insurance coverage with limits of no less than $50,000/$100,000 and medical pay of $5,000;

3.6.5 Local Business License. If applicable, a copy of the proposer’s business license allowing that entity to provide such services within the city of Danbury.

Contractor may submit Local Business License after they are selected to perform work;

3.6.6 State of Connecticut License. A copy of the proposer's license issued by the State of Connecticut licensing authority allowing the proposer to provide the services detailed herein.

3.7 Additional Information Pertaining to the RFQ

3.7.1 The Contractor shall work Monday through Thursday between the hours of 8:00 am and 5:00 pm EST. Any work performed outside these hours must be approved by HACD.

3.7.2 Davis Bacon Applicability. The Contractor shall be aware that this project falls under the requirements of the Davis Bacon Act of 1938. The Contractor shall be required to pay workers prevailing wages, which must comply with the stricter of Federal Davis-Bacon or State of Connecticut Prevailing Wage rates.

Wage Determinations are subject to change prior to construction commencing.

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Contractors shall provide certified payroll forms via HUD’s “Elation Systems” online portal.

3.7.2.1 PLEASE NOTE: All Subcontractors are also required to provide Certified Payroll forms and are required to pay applicable Wage Determinations as shown in Attachment B-2.

3.7.3 Section 3 Applicability. The Contractor shall be aware that all contracts with HACD fall under the requirements of the Section 3 program. Contractors shall be required to track total labor hours and labor hours worked by Section 3 workers for the duration of the construction contract. Subcontractors are also required to submit monthly Section 3 tracking forms, a copy of which is attached herein.

3.7.4 Identity of Interest. In compliance with the HUD Section 221(d)(4) program, an identity of interest (business or personal relationship already existing or to be formed) between the General Contractor and HACD or other parties may impact the form of the construction contract used (cost-plus instead of lump sum), and retainage holdback requirements, and must be disclosed, as applicable.

4.0 PROPOSAL (RESPONSE) FORMAT

4.1 Tabbed Proposal Submittal. So that HACD can properly evaluate the offers received, all proposals submitted in response to this RFQ must be structured in accordance with the sequence noted below. Each category must be separated by a divider page which clearly labels the corresponding section. For the purposes of brevity and ease in response, the design, layout and formatting of the pages (colors, fonts, etc.) are at the discretion of the responder.

Tab No.

Description

Signed Letter of Interest. Submit a cover letter on company letterhead, signed by an authorized principal, that includes:

- Statement of interest in the project.

- Acknowledgement of any Addenda issued.

- A statement explicitly agreeing to abide by the terms and conditions of this

RFQ.

- Provide a statement confirming that the firm is an Equal Opportunity Employer and complies with Executive Order 11246.

- This project is subject to HUD Section 3 requirements (24 CFR Part 75). In order to receive the full 5 points allocated to this factor, the Proposer must submit ONE of the following: Evidence that the firm is a certified Section 3 Business Concern; OR A brief narrative statement committing to meet the HUD "Safe Harbor" benchmarks (25% of total labor hours worked by Section 3 workers).

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- Confirmation that the firm is not debarred or suspended from federal work.

2 HUD 5369A (11/92), Representations, Certifications, and Other Statements of

Bidders, Public and Indian Housing Programs Form is attached to this document, to be completed. (Attachment A).

3 Company Qualifications & Experience

- Provide a resume / brochure / overview for the General Contractor and resumes (can be brief) for key individuals in your own format.

- Provide a listing of license(s) held and a copy of the GC business license(s) for the state of Connecticut.

- Describe experience with past work substantially like that required by this solicitation in your own format. Describe specific projects completed using HUD financing programs (including but not limited to the HUD Section 221(d)(4) program) and experience with the RAD Program, if any.

- Submit a concise description of financial capacity to deliver the proposed services in your own format. Such information shall include, if available, financial statements from the Contractor’s financial institution for the most recent or previous fiscal year; and a Bonding Statement from the General Contractor’s surety company indicating that the Contractor could secure a payment and performance bond in an amount of $10 million or more. In lieu of financial statements, a letter or other “proof” of financial capacity from Contractor’s existing banking relationships may suffice. Please note, the HUD 221(d)(4) program will require a payment and performance bond equivalent to 100% of the construction contract, and the proposer to show proof of a working capital position equivalent to 5% of the construction contract at time of loan submission. Additional information regarding this working capital requirement is available upon request.

- Provide a rough estimate of anticipated Overhead & Profit percentages (General Requirements, Builder’s Overhead, and Builder’s Profit).

- The proposer shall identify whether the proposal is a joint venture with another firm. Please remember that all information required from the proposer must also be included for any joint venture. If not applicable, please note this is not applicable.

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4.2. Proposal Submission. All proposals must be submitted to the secure website:

https://ha.internationaleprocurement.com/requests.html?company_id=49968, by no later than the submittal deadline stated herein in electronic format in a single PDF document with a divider page clearly delineating each section. The email subject line must clearly denote a response to RFQ No. RQ26001. Proposals received after the published deadline will not be accepted.

4.3 Proposer's Responsibilities—Equal Employment Opportunity and Supplier Diversity. Both the Contractor and the HACD have, pursuant to HUD regulation, certain responsibilities pertaining to the hiring and retention of personnel and subcontractors. The Contractor shall comply with the 'six affirmative steps' as outlined in 2 CFR 200.321 and HUD Handbook 7460.8 to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.

4.4 Recap of Attachments.

Attachment Attachment Description

A HUD Form 5369-A (11/92), Certifications and Representations of Offerors, Construction Contract

B Form HUD-92442M (Construction Contract).

Please note, this contract is generally not fully executed until the closing of the HUD Section 221(d)(4) loan. This form is included for review purposes only.

B-1 Sample Contract Appendix No. 1: AIA A201, General Conditions for Construction modified by Form HUD-92554M (Supplementary Conditions of the Contract for Construction).

Please note, this contract is generally not fully executed until the closing of the HUD Section 221(d)(4) loan. This form is included for review purposes only.

B-2 Davis Bacon Wage Determination: Applicable Wage Decision: CT20260021 (Building).

Please note, wage decisions are subject to change up to the commencement of construction (“initial endorsement”) and will be confirmed by HUD’s Office of Davis-Bacon and Labor Standards (“DBLS”).

C Assorted Scope of Work Documentation

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5.0 PROPOSAL EVALUATION

5.1 Evaluation Factors. The following factors will be utilized by the HACD to evaluate each proposal submittal received; award of points for each listed factor will be based upon the documentation that the proposer submits within his/her proposal submittal.

NO. MAX POINT

VALUE

FACTOR DESCRIPTION

1 30 TECHNICAL CAPABILITIES – The proposer has enough subcontractors and/or staff to complete the required work. The proposer possesses all appropriate licenses for the project and has experience, and commitment to comply with federal labor standards, prevailing wage requirements, and economic opportunity regulations.

2 15 FINANCIAL STRENGTH - In addition to a payment and performance bond equivalent to 100% of the construction contract, the HUD 221(d)(4) program will require the proposer to show proof of a working capital position equivalent to 5% of the construction contract at time of loan submission. Additional information regarding this working capital requirement is available upon request.

3 35 DEMONSTRATED EXPERIENCE - The proposer has extensive experience in performing similar work including meeting costs, schedules and performance requirements of contract work substantially similar to that required by this solicitation as verified by reference checks or other means, including experience with the HUD 221(d)(4) program.

4 10 ANTICIPATED OVERHEAD & PROFIT – The proposer shall provide a rough estimate for anticipated overhead and profit percentages. Please note, the HUD 221(d)(4) program defines these costs as “General Requirements” (typically 4-7% of hard costs), “Builder’s Overhead” (fixed at 2% of hard costs + general requirements) and “Builder’s Profit” (typically 4-8% of hard costs).

5 5 W/M/SBE - The proposer is a Woman, Minority of Small Business Enterprise defined as 51% of the ownership is a held by a female or minority individual; or, as an SBE, the total gross annual sales of the company is less than $1 million.

6 5 SECTION 3 - The proposer will receive 5 points if a Section 3 Business; or will receive 5 points if submitting a Section 3 plan committing to meet or exceed the Safe Harbor benchmark: 25% of all labor hours worked by Section 3 workers, and 5% of all labor hours worked by Targeted Section 3 workers.

100 TOTAL POINTS

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5.2 Evaluation Method/Plan

5.2.1 Evaluation Committee. The HACD Executive Director will appoint an Evaluation Committee. The HACD will, as detailed within Section 7.2.N through Section 7.2.R of HUD Procurement Handbook 7460.8 REV 2, conduct a “Best and Finals” Negotiation, which will include interviews with all firms deemed to be in the competitive range.

5.2.1.1 All people having familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a proposer entity will be excluded from participation on the HACD Evaluation Committee. Similarly, all persons having ownership interest in and/or contract with a proposer entity will be excluded from participation on the HACD Evaluation Committee.

5.2.2 Determination of Top-Ranked Proposer. The total combined points of all Evaluation Committee members shall determine the rankings of the firms. To be considered to receive an award a proposer must receive a total calculated average of at least 70 points. In the case of a tie in points awarded, the award shall be decided as detailed within Section 6.12.C of HUD Procurement Handbook 7460.8 REV 2, by “drawing lots or other random means of selection.”

5.2.3 Notice of Results of Evaluation. If an award is completed, all proposers will receive by e-mail a Notice of Results of Evaluation. Such notice shall inform all proposers of which proposer received the award, where each proposer placed in the process as a result of the evaluation of the proposals received (provided privately), and any other relevant information.

6.0 CONTRACT AWARD. Contract Award Procedures. If a contract is awarded pursuant to this RFQ, the following detailed procedures will be followed:

6.1 Agreement to Abide by Terms and Conditions. By completing, executing and submitting the Proposal, the proposer is thereby agreeing to abide by all terms and conditions pertaining to this RFQ as issued by HACD. As previously detailed herein, the HACD anticipates that it will award a contract to one or more proposers as a result of this RFQ. If, at any time during the ensuing contract period the contractual relationship between the HACD and any of the awarded proposers is terminated (either on the part of the HACD or the Contractor), the HACD reserves the right to award another proposer in response to this RFQ (most likely the next-rated proposer). It shall be the right of any such "next-rated proposer" to reject any such award. In any case, such means that all proposals will remain eligible for award at any time during the ensuing contact period.

6.2 Memorialization of Award Prior to HUD Closing & Final Construction Contract

6.2.1 Conditional Award: Upon selection, HACD will issue a "Conditional Notice of Award." This Notice confirms the Contractor’s selection. It serves as the

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6.2.2 Pre-Construction Services: HACD may, at its discretion, enter into a separate Pre-Construction Services Agreement (“PCSA”) for value engineering and cost estimation services prior to the HUD Section 221(d)(4) loan’s initial closing.

6.2.3 Validity of Pricing: The Contractor agrees that the pricing to be finalized during negotiations and further due diligence shall remain valid to allow for HUD Section 221(d)(4) processing and initial closing timelines.

6.2.4 Execution of HUD Forms: The Contractor acknowledges that the final contract for construction will be the HUD Form 92442M (Construction Contract) and associated exhibits (please see Attachments B, B-1, and B-2). The Contractor agrees to sign a draft of this form for submission with the HUD Section 221(d)(4) loan application, and to formally execute the final version at initial closing.

6.2.5 Mandatory HUD Forms. Please note that the HACD has no legal right or ability to (and will not) at any time negotiate any clauses contained within any of the HUD forms included, referenced, or required as a later date as part of this RFQ.

6.2.6 Connecticut Employment Compliance. The Contractor shall comply with all relevant Connecticut labor laws, including C.G.S. § 31-53 (Prevailing Wage) as applicable alongside Federal Davis-Bacon requirements.

6.2.7 Assignment of Personnel. The HACD shall retain the right to demand and receive a change in personnel assigned to the work if the HACD believes that such change is in the best interest of the HACD and the completion of the contracted work.

6.2.8 Unauthorized Sub-Contracting Prohibited. The successful proposer shall not assign any right, nor delegate any duty for the work proposed pursuant to this RFQ (including, but not limited to, selling or transferring the contract) without the prior written consent of HACD. Any purported assignment of interest or delegation of duty, without the prior written consent of HACD shall be void and may result in the cancellation of the contract with HACD, or may result in the full or partial forfeiture of funds paid to the successful proposer as a result of the proposed contract; either as determined by the HACD.

6.3 Contract Period. The HACD anticipates that it will award a contract for the period of 18 months, commencing upon the issuance of the notice to proceed (closing of the HUD Section 221(d)(4) loan). The Contractor shall complete all work and technical specifications outlined in Section 3.0 in accordance with the HUD-approved Construction Progress Schedule (Form HUD-5372) to be completed as part of the HUD Section 221(d)(4) loan application.

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6.4 Right to Negotiate Contract Costs. The HACD shall retain the right to negotiate the amount of the contract; such negotiations shall begin after the HACD has chosen a top-rated proposer. If such negotiations are not, in the opinion of HACD successfully concluded, the HACD shall retain the right to end such negotiations and begin negotiations with the next-rated proposer. The HACD shall also retain the right to negotiate with and make an award to more than one proposer, as long as such negotiation(s) and/or award(s) are addressed in the above manner (i.e. top-rated first, then next-rated following until a successful negotiation is reached). Prior to contract award, the HACD will perform a Cost or Price Analysis in accordance with 2 CFR

200.324 to determine the reasonableness of the proposed contract price.

6.5 Contract Service Standards. All work performed pursuant to this RFQ must conform and comply with all applicable local, state and federal codes, statutes, laws and regulations.

6.6 Protest Procedures.

6.6.1 Right to Protest. Any prospective or actual proposer, offeror, or contractor who is allegedly aggrieved in connection with the solicitation of a proposal or award of a contract, shall have the right to protest. An alleged aggrieved protestor claiming this right is hereby informed that these regulations do not provide for administrative appeal as a matter of right for that alleged grievance.

6.6.2 Submission of Protest. An alleged aggrieved protestor may file a protest with the HACD Executive Director. The protest must be in writing, signed by the protestor or their legal counsel, and filed no later than ten (10) business days after the issuance of the Notice of Results of Evaluation (as detailed in Section 5.2.3).

6.6.3 Content of Protest. The formal written protest must identify the specific reasons for the protest, supported by specific references to the solicitation documents or applicable laws and regulations.

6.6.4 Authority to Resolve. The HACD Executive Director is authorized to settle and resolve the protest and shall issue a written decision within 14 calendar days of receipt of the protest, stating the reasons for the action taken. This decision shall be final.

6.7 Mistakes in Proposals.

6.7.1 General. If a mistake in a proposal is suspected or alleged, the proposal may be corrected or withdrawn during any negotiations that are held. If negotiations are not held, or if best and final offers have been received, the proposer may be permitted to correct a mistake in the proposal and the intended bid may be accepted only if: (a) The mistake and the intended correct bid are clearly evident on the face of the proposal (e.g., a decimal error); or (b) The mistake is a minor informality or irregularity.

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6.7.2 Math Errors. In the event of a discrepancy between a unit price and an extended price, the unit price will be presumed to be correct. In the event of a discrepancy between the total cost written in words and the total cost written in numbers, the written words shall govern.

6.8 Withdrawal of Proposals.

6.8.1 Prior to Deadline. Proposals may be withdrawn by written notice received any time before the exact time set for receipt of proposals.

6.8.2 After Deadline. A proposal may be withdrawn in person by a proposer or their authorized representative if, before the exact time set for receipt of proposals, the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal. After the deadline, proposals may not be withdrawn for a period of sixty (60) days.

6.9 Rejection of Proposals. The HACD reserves the right to reject any and all proposals when such rejection is in the best interest of the Authority. Reasons for rejection may include, but are not limited to: (a) Failure to submit the proposal by the required deadline;

(b) Failure to submit the required forms; (c) Evidence of collusion among proposers; or

(d) The proposer is debarred or suspended by HUD or the State of Connecticut.

ATTACHMENT A

HUD Form 5369-A (11/92), Certifications and Representations of Offerors, Construction Contract form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications, and Other Statements of Bidders

Public and Indian Housing Programs

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

Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs

Table of Contents

Clause Page

1. Certificate of Independent Price Determination 1

2. Contingent Fee Representation and Agreement 1

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1

4. Organizational Conflicts of Interest Certification 2

5. Bidder's Certification of Eligibility 2

6. Minimum Bid Acceptance Period 2

7. Small, Minority, Women-Owned Business Concern Representation 2

8. Indian-Owned Economic Enterprise and Indian Organization Representation 2

9. Certification of Eligibility Under the Davis-Bacon Act 3

10. Certification of Nonsegregated Facilities 3

11. Clean Air and Water Certification 3

12. Previous Participation Certificate 3

13. Bidder's Signature 3

1. Certificate of Independent Price Determination

(a) The bidder certifies that--

(1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition.

(b) Each signature on the bid is considered to be a certification by the signatory that the signatory--

(1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

_______________________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.

[ ] [Contracting Officer check if following paragraph is applicable]

(d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000)

(1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid.

2. Contingent Fee Representation and Agreement

(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter.

(b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract.

3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification.

Page1 of 3

6. Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days.

(d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require-ment. The bidder allows the following acceptance period:

calendar days.

(e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected.

(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above.

7. Small, Minority, Women-Owned Business Concern Representation

The bidder represents and certifies as part of its bid/ offer that it --

(a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera-tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are:

(Check the block applicable to you)

[ ] Black Americans [ ] Asian Pacific Americans

[ ] Hispanic Americans [ ] Asian Indian Americans

[ ] Native Americans [ ] Hasidic Jewish Americans

8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

The bidder represents and certifies that it:

(a) [ ] is, [ ] is not an Indian-owned economic enterprise.

"Economic enterprise," as used in this provision, means any com-mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned.

"Indian," as used in this provision, means 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.

(b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body.

Indian "tribe" means any Indian tribe, band, group, pueblo, or

(b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 on his or her behalf in connection with the awarding of a contract resulting from this solicitation;

(2) If any funds other than Federal appropriated funds (includ-ing profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence 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 on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and

(3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determina-tion and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision.

4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities:

(a) Result in an unfair competitive advantage to the bidder; or,

(b) Impair the bidder's objectivity in performing the contract work.

[ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement.

5. Bidder's Certification of Eligibility

(a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcon-tractors, is ineligible to:

(1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or,

(2) Participate in HUD programs pursuant to 24 CFR Part 24.

(b) The certification in paragraph (a) above is a material represen-tation of fact upon which reliance was placed when making award.

If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs.

community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

9. Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts exceeding $2,000)

(a) By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.

S. Criminal Code, 18 U.S.C. 1001.

10. Certification of Nonsegregated Facilities (applicable to contracts exceeding $10,000)

(a) The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Con-tract for Construction.

(b) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

(c) By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract.

(d) The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will:

(1) Obtain identical certifications from the proposed subcon-tractors;

(2) Retain the certifications in its files; and

(3) Forward the following notice to the proposed subcontrac-tors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

11. Clean Air and Water Certification (applicable to con-tracts exceeding $100,000)

The bidder certifies that:

(a) Any facility to be used in the performance of this contract [ ] is, [ ] is not listed on the Environmental Protection Agency List of Violating Facilities:

(b) The bidder will immediately notify the PHA/IHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and,

(c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

12. Previous Participation Certificate (applicable to construction and equipment contracts exceeding $50,000)

(a) The bidder shall complete and submit with his/her bid the Form HUD-2530, "Previous Participation Certificate." If the successful bidder does not submit the certificate with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the certificate by that date may render the bid nonresponsive.

No contract award will be made without a properly executed certifi-cate.

(b) A fully executed "Previous Participation Certificate"

[ ] is, [ ] is not included with the bid.

13. Bidder's Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

(Signature and Date)

(Typed or Printed Name)

(Title)

(Company Name)

(Company Address)

ATTACHMENT B

Form HUD-92442M (Construction Contract)

Previous editions are obsolete Construction Contract HUD-92442M

CONSTRUCTION CONTRACT U.S. Department of Housing and Urban Development Office of Housing

OMB Approval No. 2502-

((Exp. 12/31/2027)

HUD Project No.: ______________ Cost Plus Contract _____ Project Name: _________________ Lump Sum Contract _____

THIS CONSTRUCTION CONTRACT (“Contract”) is made this ____________ day of __________, 20____, between ________________________________ (“Contractor”) and ________________________________ (“Owner”) (together, the “Parties”).

The definition of any capitalized term or word used herein can be found in this Contract and the General Conditions, except the term “Project” shall have the same definition as in the Regulatory Agreement between Borrower (Owner) and HUD, except that the term “Program Obligations” means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Contract rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on “HUDCLIPS,” at www.hud.gov. Any HUD form referenced herein shall be the current version of that form, and shall include any successor form adopted by HUD.

The Contractor and the Owner agree as follows:

Article 1: Scope of Contract

A. The Contract between the Parties is set forth in the Contract Documents, which consist of this Contract and the other documents identified in Article 2 below.

Together, these form the entire contract between Owner and Contractor, and by this

The public reporting burden for this collection of information is estimated to average 1 hour 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. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to U.S.