Solicitation No. R-OPC-23867.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1. DESCRIPTION OF SERVICES

B.2. CONTRACT TYPE/PERIOD OF PERFORMANCE

B.3. OVERVIEW OF PRICING SCHEDULES

B.4. CONTRACT PRICING SCHEDULE - is located in Section J Attachment B for

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. STATEMENT OF WORK

C.2. REPORTING REQUIREMENT/DELIVERABLES

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

E.1. CLAUSES INCORPORATED BY REFERENCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1. CLAUSES INCORORATED BY REFERENCE 52.252-2 (FEB 1998)

F.2. PERIOD OF PERFORMANCE

F.3. PLACE OF PERFORMANCE

F.4. DELIVERIES

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. CONDUCT OF WORK AND TECHNICAL GUIDANCE (FEB 2006)

G.2. KEY PERSONNEL HUDAR 2452.237-70 (FEB 2006)

G.3. INVOICE SUBMISSION

G.4. GOVERNMENT-FURNISHED DATA AND MATERIALS

G.5. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

G.6. TRAVEL COSTS

G.7. GOVERNMENT INFORMATION/GOVERNMENT-FURNISHED

INFORMATION

SECTION H – SPECIAL CONTRACT REQUIREMENTS

DEPARTMENT OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

ACQUISITION REGULATION (HUDAR) 48 CFR CLAUSES

H.1. HUDAR 2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST (APR

1984)

H.2. HUDAR 2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF

INTEREST (FEB 2000)

H.3. HUDAR 2452.203-70 PROHIBITION AGAINIST THE USE OF FEDERAL

EMPLOYEES (FEB 2006)

H.4. HUDAR, 2452.237-77 OBSERVANCE OF LEGAL HOLIDAYS AND CLOSURE

OF HUD FACILITIES (FEB 2006)

H.5. HUDAR 2452.237-75 ACCESS TO HUD FACILITIES

H.6. HUDAR 52.244-2 SUBCONTRACTS (OCT 2010)

H.7 HUDAR 2452.239-70 ACCESS TO HUD SYSTEMS:

H.8. HUDAR 2452.222-70 ACCESSIBILITY OF MEETING, CONFERENCES, AND

SEMINARS TO PERSONS WITH DISABILITIES (FEB 2006)

H.9. HUDAR 2452.251-70 CONTRACTOR EMPLOYEE TRAVEL

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1. FAR CLAUSE 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB

1998)

I.2. 52.212-4 CONTRACT TERMS, AND CONDITIONS –COMMERICAL ITEMS... 38

I.3. FAR CLAUSE 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Aug 2011) I.4. FAR CLAUSE 52.217-8 OPTION TO EXTEND SERVICES (November 1999) 58

I.5. FAR CLAUSE 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRCT

(March 2000)

I.6. FAR CLAUSE 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE (APR 1984)

I.7. FAR CLAUSE 52.233-3 PROTEST AFTER AWARD

I.8. FAR CLAUSE 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 61SECTION

J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

THE OFFEROR

K.1. 52.212-3 Offeror Representations and Certifications—Commercial Items.62

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

GENERAL INFORMATION

L.1. 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

Instructions to Offerors—Commercial Items (June 2008)

L.2. ADDENDUM TO FAR CLAUSE 52-212-1 INSTRUCTIONS TO OFFERORS-

COMMERCIAL ITEMS (June 2008) L.3. Notice of Total Small Business Set-Aside (Jun 2003) 52.219-6

L.4. NAICS CODE AND SIZE STANDARD

L.5. TYPE OF CONTRACT (Apr 1984) 52.216-1

L.6. NUMBER OF AWARDS

L.7. COMMITMENT OF PUBLIC FUNDS

L.8. COMMUNICATIONS PRIOR TO CONTRACT AWARD

L.9. RELEASE OF INFORMATION

L.10. PREPARATION COSTS

L.11. EVALUATION OF OPTIONS

L.12. INTENT TO SUBMIT A PROPOSAL

L.13. SOLICITATION AMENDMENTS

L.14. INFORMATION TO SUPPORT CONSENT TO MAJOR SUBCONTRACTORS.. 87

L.15. INFORMATION REGARDING RESPONSIBIITY MATTERS (APR 2010)

52.209-7

L.16. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 52.222-

INSTRUCTIONS TO OFFERORS

L.17. GENERAL INSTRUCTIONS

L.18. AUTHORIZED OFFICIAL AND SUBMISSION OF PROPOSAL

L.19. PACKAGING AND DELIVERY OF PROPOSAL

L.20. TECHNICAL PROPOSAL INSTRUCTIONS

L.20 VOLUME 1–TECHNICAL PROPOSAL INSTRUCTIONS

L.20.1.1 FACTOR 1 - TECHNICAL APPROACH

L.20.1.2. FACTOR 2 - MANAGEMENT APPROACH/KEY PERSONNEL

L.20.1.3. FACTOR 3 - RELEVANT EXPERIENCE

L.21. VOLUME 2 – BUSINESS PROPOSAL

L.21.1 STANDARD FORM (SF) 1449

L.21.2 PRICING APPROACH

L.21.3 PRICING

L.21.4. LETTER OF COMMITMENT (Subcontractors)

L.22. CONTRACTORS RESPONSIBILITY

L.23. EVALUATION OF PROPOSALS

L.24. POTENTIAL AWARD WITHOUT DISCUSSION

L.25. SUBCONTRACTORS

L.26. SELECTION OF OFFERORS

L. 27. ORAL PRESENTATION AGENDA

L.28. EVALUATION OF OPTIONS (July 1990) 52.217-5

SECTION M - EVALUATION PROCESS FOR AWARD

M.1. GENERAL INFORMATION

M.2. TRADE-OFF PROCESS

M.3 TECHNICAL EVALUATION

M.4. PRICE/COST ANALYSIS

M.5. DETERMINATION OF COMPETITIVE RANGE

M.6. TECHNICAL EVALUATION CRITERIA

M.7 FACTOR 1: TECHNICAL APPROACH

M.8. FACTOR 2: MANAGEMENT APPROACH/KEY PERSONNEL

M.9. FACTOR 3 - RELEVANT EXPERIENCE

M.10. FACTOR 4 - PAST PERFORMANCE

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1. DESCRIPTION OF SERVICES

The U.S. Department of Housing and Urban Development (HUD) Office of Affordable Housing Preservation (OAHP) to provide services of a financial advisory and related production support, including advising OAHP on various aspects of transaction processing. This assistance supports OAHP’s goal of preserving HUD’s multifamily rental housing stock including the affordable housing stock, reducing the long-term cost of Federal rental assistance and minimizing the adverse effect on the FHA insurance fund, including portfolio management activities. The purpose of this requirement is to obtain services for the Department’s restructuring, workout, preservation, and portfolio activities.

OAHP was established to take responsibility for administration of restructuring activities under the Mark to Market (M2M) program, and to assist in other housing preservation programs and activities.

B.2. CONTRACT TYPE/PERIOD OF PERFORMANCE

This is a 100% Small Business set-aside Hybrid type contract with a 12 month base period plus 4 one year option periods for the Department of Housing and Urban Development (HUD).

This is a single award for Financial Advisor to Mark-to-Market (M2M) Program and Other Restructuring Activities utilizing FAR Part 19.502-2, FAR Part 12 and FAR Part 15 of the Federal Acquisition Regulation.

B.3. OVERVIEW OF PRICING SCHEDULES

The pricing schedule for the Firm Fixed Price (FFP) tasks and the labor categories are incorporated in Section J List of Attachments, Attachment B for the Pricing Schedule.

The Firm Fixed Price (FFP) line item under this contract, the applicable unit price for each fixed price line item shall be the unit price for the time period in which the services are estimated to be performed. The price(s) specified in FFP task under this contract is/are fixed and not subject to adjustment.

The pricing schedules for the labor categories shall contain loaded hourly rates for the contractor site. The loaded hourly rates for each labor category shall be fully burdened to include wages, indirect costs, fringe benefits, overhead, general and administrative, and profit (excluding travel).

See Attachment C “Detailed Labor Categories a list of labor categories the Government anticipates will be necessary to perform the tasks under this contract.

The unit prices specified in labor hour Section D Specific Task Elements of the Statement of Work shall be fixed for the period of performance and shall not be subject to adjustment; except, as a result of a direct action or inaction by the Government which delays the Contractor from completing the contract.

However, in no event shall the Contractor perform, or be paid for any work which exceeds the not-to exceed dollar amount of the line item.

The hours contained in this RFP are government estimates only.

Each Time and Material or Labor Hour task shall contain a ceiling price. The Contractor shall comply with FAR 52.232-7 in regards to the ceiling price for the contract.

Travel-Per Diem, if authorized under this contract, shall be reimbursed in accordance with the Statement of Work and the Federal Travel Regulation currently in effect. Travel requirements under this contract shall be met utilizing the most economic form of transportation available. If economy class transportation is not available see the request for the payment voucher must be submitted with a justification of use of higher class indicating dates, time, & flight numbers. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless otherwise authorized by the Contracting Officer.

B.4. CONTRACT PRICING SCHEDULE - is located in Section J Attachment B for this contract.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. STATEMENT OF WORK

The Statement of Work is located in Section J as Attachment A.

C.2. REPORTING REQUIREMENTS/DELIVERABLES

The Contractor shall provide the following reports as outlined below:

Schedule of Reporting Requirements/Deliverables

ITEM Deliverable Deliver To Due Date/Acceptance Criteria 1 Resource Desk: Questions submitted to the Resource

Desk which do not require a policy decision (i.e.

research of existing policy and guidance is sufficient to address the question being raised); the response shall be posted to the website no later than 2 business days after submission. For those questions submitted to the Resource Desk which do require a policy decision, the response shall be posted to the website no later than one business day after OAHP issues the policy decision to the Contractor.

1 hard copy to the GTR/GTM.

and Electronic copy via email

No later than 2 business days after submission.

Acceptance Criteria:

The Resource Desk shall be available 98% of the time, and complete and accurate responses shall be posted within the timeframes specified in paragraph E.1.b, at or above 95% of the time.

The Contractor shall provide a report on a monthly basis to the GTR/GTM to document the periods of availability of the Resource Desk, as well as the date’s questions were submitted and the answers posted. In addition, input of customers using the Resource Desk will be solicited to determine whether users are satisfied with the Resource Desk.

2 Transaction Reviews: The Contractor shall deliver in a memorandum to the OAHP Relationship Manager or cognizant Preservation Director the results of the Post Approval review and areas for improvement within two weeks of assignment by the GTR/GTM of the transaction to be reviewed.

1 hard copy to the GTR/GTM.

and Electronic copy via email

The Post Approval Quality Control Review must be delivered not later than the 30 days from the end of the month in which the transaction is approved and delivered to

OAHP.

Acceptance Criteria:

The reviews completed by the Contractor shall be complete, thorough, and accurate, and

ITEM Deliverable Deliver To Due Date/Acceptance Criteria shall ensure that the proposed transaction is consistent with Restructuring program

3 PAE Management Visit/Calls: Prepare and submit the written report of the PAE Visit/Call the findings, recommendations, and asset status in the form of a (1) narrative that provides an overview of the Visit/Call, recommendations for follow-up actions, major findings, and Visit/Call agenda items; and a (2) spreadsheet that provides a brief status of every asset reviewed during the Visit/ Call.

1 hard copy to the GTR/GTM.

and Electronic copy via email

Due within 5 business days after the Visit/Call.

Acceptance Criteria:

The Contractor shall participate in the Visit/Call.

The written report documenting the discussions shall be reviewed to determine whether it meets the specifications outlined above.

4 Pipeline/Production Calls: In advance of the Calls, the Contractor shall prepare reports and analysis of production, utilizing data from OAHP’s MIS system and other internal databases. These reports will include portfolio production timeline analyses, late asset analyses, and verification of asset status.

After the Calls, the Contractor shall prepare and submit a report that details any issues that were identified for HQ follow-up, to include the call date, the issue, and the person assigned responsibility. The report will be cumulative from call to call, so that each report includes all new and all open matters.

1 hard copy to the GTR/GTM.

and Electronic copy via email

Due within 2 business days after the Pipeline/Production Call.

Acceptance Criteria

The written report documenting the discussions shall be reviewed to determine whether it meets the specifications outlined above.

5 Recurring Themes: The Contractor shall review all Full transaction reviews completed by OAHP and the Contractor during the month, and prepare a brief report highlighting the recurring themes in the transaction reviews. See the SOW 5. Report on Recurring Themes in Transaction Reviews

1 hard copy to the GTR/GTM.

and Electronic copy via email

The report shall be delivered to the GTR/GTM by the 15th of the month following the completion of the transaction reviews, except that the Contractor will have 15 calendar days from the date the last review was received.

Acceptance Criteria:

The report shall reflect an analysis of all transaction reviews completed in the covered period, and which clearly reflects the trends occurring in the transaction reviews.

6 Rehab Escrow Database Maintenance and Data Updates: The Contractor shall initiate the monthly database update and mid-month comment file according to a prearranged schedule, currently once per month for each task. The database update is conducted during the 5th business day of each month, and the Comment update file 10 business days later.

1 hard copy to the GTR/GTM.

and Electronic copy via email

Due the 5th day of each month and comment 10 business days later.

Acceptance Criteria:

The updated database shall contain no known errors, reports shall be accurate, and totals and statistics will be calculated and portrayed accurately.

7 Savings Calculations Reports: See SOW Saving Calculations

1 hard copy to the GTR/GTM.

and Electronic copy via email

Due the 15th business days of each month.

Acceptance Criteria

The reports submitted must be timely and accurate, and will incorporate all transactions through the previous month.

8 Pipeline Reporting Package 1 hard copy to the GTR/GTM.

and Electronic copy via email

Due by the 30th of the month following the end of the fiscal quarter.

Acceptance Criteria

The reports will be delivered in hard copy and electronically to the GTR/GTM, and must be complete, accurate, and ready for electronic distribution.

Any anomalies should be examined and explained.

9 Sourcebook: The deliverable will be twenty bound copies of the Sourcebook for OAHP’s internal and external reporting use. The draft Sourcebook will be delivered for OAHP review, comment, and edits no more than ninety days from the end of the HUD Fiscal Year, i.e., no later than December 31 following the September 30 end of the Fiscal Year. The final Sourcebook will be delivered no later than the expiration of the contract, or fifteen days from receiving final review, comment, and edits from OAHP.

1 hard copy to the GTR/GTM.

and Electronic copy via email

Draft Sourcebook is due 90 business days from FYI, September 30.

The final Sourcebook is due the fifteen business days from receiving final review, comment, and edits from OAHP or expiration day of contract.

Acceptance Criteria:

The Sourcebook reports must be timely and accurate. At additional, hourly cost, OAHP may request the addition of new or special chapters to the Sourcebook.

10 Monthly Program Reports: see Section F of the SOW 1 hard copy to the GTR/GTM.

and Electronic copy via email

The 15th business day of each month and thereafter.

11 Report(s), Restructuring Plan(s), Forms, Recommendation(s), Comment(s), Instruction(s), Case Files, Closing Documents, and Summary(ies). Collectively, the aforementioned deliverables are referred to as “Reports.” These Reports may be requested by the GTR in many different formats, which shall be determined at the time they are requested by the GTR, or as defined in the TAF. Reports may be requested by the GTR in one or more of the following formats: oral, written, meetings/discussions, detailed analysis simple analysis, etc.

1 hard copy to the GTR/GTM.

and Electronic copy via email

As requested by the

GTR/GTM

this shall be determined at the time they are requested by the GTR, or as defined in the

TAF.

The GTR/GTM may request revisions of any Reports and the Contractor shall submit the revised Reports within 5 calendar days of receipt of the request, unless the GTR provides otherwise.

SECTION D - PACKAGING, MARKING AND SHIPPING

a. All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name.

The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

b. The reports shall be delivered F.O.B. Destination as set forth in FAR Clause 52-247-35, F.O.B. Destination, Within Consignee Premises (April 1984), as specified in the delivery schedule.

d. Unless otherwise specified, deliveries shall be made to the Delivery Point specified Mondays through Fridays (excluding Federal Holidays and Executive Orders).

SECTION E - INSPECTION AND ACCEPTANCE

E.1. CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-2 INSPECTION OF SUPPLIES—FIXED PRICE AUG

52.246-4 INSPECTION OF SERVICES—FIXED PRICE AUG

52.246-6 INSPECTION—TIME AND MATERIAL AND LABOR HOUR MAY

52.246-16 RESPONSIBILITY FOR SUPPLIES (FIXED PRICE) APR

The General Technical Representative (GTR) and or General Technical Monitor (GTM) shall perform inspection and acceptance of materials and services to be provided.

Inspection and acceptance will be performed at a specified location identified in each Task Order.

Acceptance may be presumed unless, otherwise indicated in writing by the Contracting Officer or GTR/GTM within 10 days of receipt.

http://www.acquisition.gov/comp/far/index.html

SECTION F - DELIVERIES OR PERFORMANCE

F.1. CLAUSES INCORORATED BY REFERENCE 52.252-2 (FEB 1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG

ALTERNATE I (APR 1984)

52.242-17 GOVERNMENT DELAY OF WORK APR

52.247-29 F.O.B. ORIGIN FEB

52.247-34 F.O.B. DESTINATION NOV

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB

52.247-55 F.O.B.POINT FOR DELIVERY OF GOVERNMENT JUN

FURNISHED PROPERTY

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT – SMALL PACKAGE JAN

SHIPMENTS

F.2. PERIOD OF PERFORMANCE

The Period of Performance is 12 month base period plus 4 one year option periods.

F.3. PLACE OF PERFORMANCE

It is anticipated that the work to be performed shall be conducted within the Washington, DC metropolitan area.

F.4. DELIVERIES

Satisfactory performance of this contract shall be deemed to occur upon performance of the work and upon delivery and acceptance by the General Technical Representative (GTR) or the General Technical Monitor (GTM).

a. Deliveries required by the Contractor shall be made F.O.B. Destination as set forth in FAR Clause 52.247-35, F.O.B. Destination, Within consignees Premises (April 1984) and any specification stated in SECTION D. PACKAGING AND

MARKING AND SHIPPING.

b. Unless otherwise specified, deliveries shall be made to the Delivery Point specified in each task order Mondays through Fridays (excluding Federal Holidays & Executive Order) between the hours of 8:30 a.m. and 5:30 p.m. EST only. Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.

SECTION G - CONTRACT ADMINISTRATION DATA

The Contracting Officer for this contract shall be identified upon contract award.

G.1. CONDUCT OF WORK AND TECHNICAL GUIDANCE (FEB 2006)

CONDUCT OF WORK AND TECHNICAL GUIDANCE (FEB 2006)

(a) The Government Technical Representative (GTR) for liaison with the contractor as to the conduct of work is [to be inserted at time of award] or a successor designated by the Contracting Officer. The Contracting Officer will notify the contractor in writing of any change to the current GTR's status or the designation of a successor GTR.

(b) The GTR will provide guidance to the contractor on the technical performance of the contract. Such guidance shall not be of a nature which:

(1) Causes the contractor to perform work outside the statement of work or specifications of the contract;

(2) Constitutes a change as defined in FAR 52.243 1;

(3) Causes an increase or decrease in the cost of the contract;

(4) Alters the period of performance or delivery dates; or

(5) Changes any of the other express terms or conditions of the contract.

(c) The GTR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five calendar days after oral issuance. The GTR may issue such guidance via telephone, facsimile (fax), or electronic mail.

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

(e) Other specific Information:

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

(End of clause)

G.2. KEY PERSONNEL HUDAR 2452.237-70 (FEB 2006)

(a) Definition. "Personnel" mean employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities.

(b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Key personnel shall perform as follows:

Name Title Program Manager Project Manager Manager

Quality Assurance Manager Subject Matter Expert

G.3. INVOICE SUBMISSION

HUD Invoice Requirements:

A. The Contractor shall submit all invoices to all addresses in the manner specified below:

(I) One original copy the payment office below:

U.S. Department of Housing & Urban Development Cash Management & Investment Staff (CMIS) Room 6243 – HUD Building (Hand Delivery) PO Box 44815 (Mail Delivery) Washington, DC 20026-4815

(II) One Electronic copy to the Government Technical Representative and cc the Contracting Specialist.

[To be specified prior at award]

B. Invoices submitted under this contract must comply with the requirements set forth in FAR 52.232-25 (Prompt Payment) and 52.232- 33 (Payment by Electronic Transfer – Central Contractor Registration) and/or other applicable FAR Clauses specified herein. To Constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

1. Name and Address of the Contractor;

2. Invoice Date and Invoice Number;

3. Contract Number;

4. Description, Quantity, Unit of measure, unite price and extended price supply/services performed including:

5. Period of Performance for which unit price are claimed;

6. Itemized travel cost, including origin and destination, if applicable

7. Terms of any discount for prompt payment offered;

8. Name and address of official to whom payment is to be sent (must be the same as that in the contract/award.

9. Name, Title and phone number of person to notify in event of defective invoice;

10.Taxpayer Identification Number (TIN) 11.Electron Funds Transfer (EFT) Banking Information, including routing transit number of the financial institution receiving payment and number of the account into which funds are to be deposited;

12.Name and Telephone Number of the HUD Government Technical Monitor.

13.The contractor shall clearly indicate on the mailing envelope that an invoice is enclosed.

14.Any other information or documentation required by the contract/award.

C. Questions regarding invoice payment should be directed to the Government Technical Representative.

G.4. GOVERNMENT-FURNISHED DATA AND MATERIALS

The Government may provide Government Furnished Material for use in direct performance of the contract.

The Government shall retain all rights and privileges, including those of patent and copy, to all Government-furnished data and materials. The Contractor shall neither retain nor reproduce for private or commercial use any data or other materials furnished under this contract. The Contractor agrees not to assert any rights at common law or in equity or establish any claim to statutory copyright in such data. These rights are not exclusive and are beyond any other rights and remedies to which the Government is otherwise entitled elsewhere in this contract

G.5. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

The Contractor shall register for the Contractor Performance Assessment Reporting system (CPARS). The system is used to evaluate the Contractor’s performance under this contract on a yearly basis. Contractors who current registered in CPARS do not need to re-register.

The CPARS website add is hpp://www.cpars.csd.disa.mil.

G.6. TRAVEL COSTS

Any required travel by the Contractor will be at the direction of the Government and will be reimbursed at cost in accordance with the Federal Travel Regulation.

(a) Travel Policy - The Contractor shall invoice and be reimbursed for all travel costs in accordance with Federal Acquisition Regulations (FAR) 31.2 - Contracts with Commercial Organizations, Subsection 31.205-46, Travel Costs.

(b) Travel performed for personal convenience and daily travel to and from work at Contractor’s facility will not be reimbursed (local travel shall not be reimbursed).

G.7. GOVERNMENT INFORMATION/GOVERNMENT-FURNISHED

INFORMATION

Government Information

(a) Definitions. As used in this clause, “Government information” includes-- “Contractor-acquired information” means information acquired or otherwise collected by the Contractor on behalf of the Government in the context of the Contractor’s duties under the contract.

“Government-furnished information (GFI)” means information in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. GFI also includes contractor-acquired information if the contractor-acquired information is a deliverable under the contract that is for continued use under the contract. Otherwise, GFI does not include information that is created by the Contractor and delivered to the Government in accordance with the requirements of the work statement or specifications of the contract. The type, quantity, quality, and delivery requirements of such deliverable information shall be set forth in the contract schedule.

(b) Information management and Information Security.

(1) The Contractor shall manage, account for, and secure all Government information provided or acquired by the contractor. All Government information that is also controlled but unclassified information (CUI) shall be protected from disclosure in accordance with the clause governing CUI contained in this contract. The Contractor shall be responsible for all Government information provided to its subcontractors. The Contractor agrees to include a requirement in each subcontract under this contract that flows-down the protection from disclosure requirements.

(2) The Contractor's responsibility for Government information extends from the initial provision or acquisition and receipt of information, through stewardship, custody, and use until returned to, or otherwise disposed of, as directed by the Contracting Officer. This requirement applies to all Government information under the Contractor's accountability, stewardship, possession or control, including its subcontractors.

(c) Use of Government information.

(1) The Contractor shall not use any information provided or acquired under this contract for any purpose other than in the performance of this contract.

(2) The Contractor shall not modify or alter the Government information, unless authorized in writing, in advance, by the Contracting Officer.

(d) Government-furnished information.

(1) As required by the Statement of Work, the Government shall deliver to the Contractor the Government-furnished information described below—

Description Date to be Provided

No Government furnished property will be issued under this contract.

(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished information will be suitable for contract performance and will be delivered to the Contractor by the dates stated in paragraph (d)(1) of this clause.

(i) If the information is not delivered to the Contractor by the dates stated, the Contracting Officer shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract.

(ii) The Government does not warrant the validity or accuracy of the Government-Furnished Information unless otherwise noted.

(iii) In the event information received by the Contractor is not in a condition suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Upon completion of the remedial action(s), the Contracting Officer, upon the Contractor’s timely written request, shall consider an equitable adjustment to the contract.

(3)(i) The Contracting Officer may by written notice, at any time—

(A) Increase or decrease the amount of Government-furnished information under this contract;

(B) Substitute other Government-furnished information for the information previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or

(C) Withdraw authority to use information.

(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.

(e) Rights in information. Government information is the property of the U.S.

Government unless otherwise specifically identified. The specific rights in any other information acquired or created by the Contractor under this contract shall be as expressed in the Rights in Data clause contained in this contract.

(f) Government access to information. The Government shall have the right to access, at any time, any Government information maintained by the contractor, including any subcontractors. The Contractor shall provide duly authorized Government representatives with access to all Government information, including access to the Contractor’s facilities, as necessary, promptly upon written notification by the Contracting Officer.

(g) Contractor liability for Government information.

(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss, theft, damage or destruction to the Government information furnished or acquired under this contract, except when the loss, theft, damage or destruction is the result of willful misconduct or lack of good faith on the part of the Contractor's managerial personnel.

(2) The Contractor shall take all reasonable actions necessary to protect the Government information from further loss, theft, damage or destruction.

(3) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss, theft, damage or destruction of Government information.

(h) Information alteration and disposal. Except as otherwise provided for in this contract, the Contractor shall not alter, destroy, or otherwise dispose of any Government information unless expressly directed by the Contracting Officer to do so.

(i) Return of Government Information to the Government. The Government may require the Contractor to return Government Information to the Government at any time. Upon demand, the Contractor shall return all Government information to the Government as directed by the Contracting Officer or other individual designated by the Contracting Officer. Failure to return all information as directed, including directions regarding the timeframes for delivery back to the Government and directions prescribing the form in which the data must be returned, shall be considered a breach of contract.

When required to return Government Information to the Government, the Contractor shall do so at no cost to the Government, The Government shall not be responsible for the cost of data format conversion and the cost of delivery, if any. In the event of Contractor delay in returning the Government Information to the Government, for each calendar day late, the Contracting Officer has the discretion to deduct 5% from the total value of the contract, and/or, withhold payment from the Contractor. The Contractor shall ensure that all Government information provided to subcontractors is returned to the Government.

(j) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. However, the Government shall not be liable for breach of contract for the following:

(1) Any delay in delivery of Government-furnished information.

(2) Delivery of Government-furnished information in a condition not suitable for its intended use.

(3) An increase, decrease, or substitution of Government-furnished information.

(4) Failure to correct or replace Government information for which the Government is responsible.

(k) Subcontracts. The Contractor shall ensure that all subcontracts under which

Government information is provided to the subcontractor include the basic terms and conditions set forth in paragraphs (a), (b), (c), (f), and (h) of this clause in each subcontract. Subcontracts shall clearly describe the Government information provided to the subcontractor. The Contractor shall be responsible for all Government information provided to subcontractors.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

DEPARTMENT OF DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT ACQUISITION REGULATION (HUDAR) 48 CFR CLAUSES

H.1. HUDAR 2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST

(APR 1984)

ORGANIZATIONAL CONFLICTS OF INTEREST (APR 1984)

(a) The Contractor warrants 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 under a Government contract and a Contractor's organizational, financial, contractual or other interests are such that:

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

(2) The Contractor's objectivity in performing the contract work is or might be otherwise may be impaired.

(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this 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 Government may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

(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 Government may terminate the contract for default.

(d) The provisions 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.

H.2. HUDAR 2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF

INTEREST (FEB 2000)

POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST (FEB 2000)

(a) The Contracting Officer has determined that the proposed contract contains a potential organizational conflict of interest. Offerors are directed to FAR Subpart 9.5 for detailed information concerning organizational conflicts of interest.

(b) The nature of the potential conflict of interest is [Contracting Officer insert description]:

(c) Offerors shall provide a statement which describes concisely all relevant facts concerning any past, present or planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed under the proposed contract and bearing on whether the offeror has a possible organizational conflict of interest with respect to:

(1) Being able to render impartial, technically sound, and objective assistance or advice, or

(2) Being given an unfair competitive advantage. The offeror may also provide relevant facts that show how its organizational structure and/or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such organizational conflict.

(d) No award shall be made until any potential conflict of interest has been neutralized or mitigated to the satisfaction of the Contracting Officer.

(e) Refusal to provide the requested information or the willful misrepresentation of any relevant information by an offeror shall disqualify the offeror from further consideration for award of a contract under this solicitation.

(f) If the Contracting Officer determines that a potential conflict can be avoided, effectively mitigated, or otherwise resolved through the inclusion of a special contract clause, the terms of the clause will be subject to negotiation.

(End of provision)

H.3. HUDAR 2452.203-70 PROHIBITION AGAINIST THE USE OF

FEDERAL EMPLOYEES (FEB 2006)

In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to government employees or a business concern or other organization owned or substantially owned or controlled by one or more government employees. For the purposes of this contract, this prohibition against the use of government employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants.

(End of clause)

H.4. HUDAR, 2452.237-77 OBSERVANCE OF LEGAL HOLIDAYS AND

CLOSURE OF HUD FACILITIES (FEB 2006)

(a)(1) The Department of Housing and Urban Development observes the following days as holidays-

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(2) When any holiday specified in (a)(1) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(b)(1) HUD may close a HUD facility for all or a portion of a business day as a result of-

(A) Granting administrative leave to non-essential HUD employees (e.g., unanticipated holiday);

(B) Inclement weather;

(C) Failure of Congress to appropriate operational funds;

(D) Or any other reason.

(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility.

(3) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which HUD employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

H.5. HUDAR 2452.237-75 ACCESS TO HUD FACILITIES.

ACCESS TO HUD FACILITIES (NOV 2005) (Deviation)

(a) Definitions. As used in this clause -

"Access" means physical entry into, and to the extent authorized, mobility within, a Government facility.

"Contractor employee" means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities.

"Facility" and "Government facility" mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the Federal Government.

"NACI" means National Agency Check with Written Inquiries, the minimum background investigation prescribed by the U. S. Office of Personnel Management.

"PIV Card" means Personal Identity Verification (PIV) Card, the Federal Government-issued identification credential (identification badge).

(b) General. The performance of this contract requires contractor employees to have access to HUD facilities. All such employees who do not already possess a current PIV Card acceptable to HUD shall be required to provide personal background information, undergo a background investigation (NACI or other

OPM-required or approved investigation), including an FBI National Criminal History Fingerprint Check, and obtain a PIV Card prior to being permitted access to any such facility in performance of this contract. HUD may accept a PIV Card issued by another Federal Government agency but shall not be required to do so. No contractor employee will be permitted access to a HUD facility without a proper PIV Card.

(c) Background information.

(1) For each contractor employee subject to the requirements of this clause and not in possession of a current PIV Card acceptable to HUD, the contractor shall submit the following properly-completed forms: Standard Form (SF) 85, "Questionnaire for Non-sensitive Positions," FD 258 (Fingerprint Chart), and a partial Optional Form (OF) 306 (Items 1, 2, 6, 8-13, 16, and 17). The SF-85 and OF-306 are available from the Office of Personnel Management's (OPM) website: http://www.opm.gov. The GTR will provide all other forms that are not obtainable via the Internet.

(2) The contractor shall deliver the forms and information required in subparagraph (c)(1) to the GTR.

(3) The information provided in accordance with paragraph (c)(1) will be used to perform a background investigation to determine the suitability of the contractor employees to have access to Government facilities. After completion of the investigation, the GTR will notify the contractor in writing if any contractor employee is determined to be unsuitable to be given access to a Government facility. The contractor shall immediately remove such employees from work on this contract that requires the employees' physical presence in a Government facility.

(4) Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding two (2) years may be exempt from the investigation requirements of this clause subject to verification of the previous investigation.

For each such employee, the contractor shall submit the following information in lieu of the forms and information listed in subparagraph (c)(1): employee's full name, Social Security Number, and place and date of birth.

(d) PIV Cards.

(1) HUD will issue a PIV Card to each contractor employee who is to be given access to HUD facilities and does not already possess a PIV Card acceptable to HUD (see paragraph (b)). HUD will not issue the PIV Card until the contractor employee has successfully cleared the FBI National Criminal History Fingerprint Check, and HUD has initiated the background investigation for the contractor employee. Initiation is defined to mean all background information required in paragraph (c)(1) has been delivered to HUD. The employee may not be given access prior to those two events. HUD may issue a PIV Card and grant access pending the completion of the background investigation. HUD will revoke the PIV Card and the employee's access if the background investigation process (including adjudication of investigation results) for the employee has not been completed within six (6) months after the issuance of the PIV Card.

(2) PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their PIV Cards on their persons at all times while working in a HUD facility, and shall present cards for inspection upon request by HUD officials or HUD security personnel.

(3) The contractor shall be responsible for all PIV Cards issued to the contractor's employees and shall immediately notify the GTR if any PIV Card(s) cannot be accounted for. The contractor shall notify the GTR immediately whenever any contractor employee no longer has a need for his/her HUD-issued PIV Card (e.g., employee terminates employment with the contractor, employee's duties no longer require access to HUD facilities). The GTR will instruct the contractor as to how to return the PIV Card. Upon expiration of this contract, the GTR will instruct the contractor as to how to return all HUD-issued PIV Cards not previously returned. The contractor shall not return PIV Cards to any person other than the individual(s) named by the GTR.

(e) Control of access. HUD shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to HUD facilities. The GTR will notify the contractor immediately when HUD has determined that an employee is unsuitable or unfit to be permitted access to a HUD facility. The contractor shall immediately notify such employee that he/she no longer has access to any HUD facility, remove the employee from any such facility that he/she may be in, and provide a suitable replacement in accordance with the requirements of this clause.

(f) Access to HUD information systems. If this contract requires contractor employees to have access to HUD information system(s), application(s), or information contained in such systems, the contractor shall comply with all requirements of HUDAR clause 2452.239-70, Access to HUD Systems, including providing for each affected employee any additional background investigation forms prescribed in that clause.

(g) Subcontracts. The contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (b) of this section are applicable to performance of the subcontract.

(End of clause)

H.6. HUDAR 52.244-2…