Sol_86614124Q00005.pdf
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- Attached to
- Blanket Purchase Agreements (BPA) for DHUD Rent Comparability Studies - MFH Regions: Midwest
- Solicitation number
- 86614124Q00005
About this file
This document is a solicitation for a Department of Housing and Urban Development (HUD) Blanket Purchase Agreement (BPA) to obtain Rent Comparability Studies (RCS) and Post-Rehabilitation Studies (PRS) for multifamily properties in the Midwest region (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin). HUD is seeking third-party appraisers to perform these studies according to the Section 8 Renewal Policy Guide. The government intends to make multiple small business awards with a five-year ordering period. Each BPA will be a firm-fixed unit price contract. HUD anticipates the total value across all BPAs may reach $1 million over the five-year period, but there is no minimum guarantee. Prospective offerors must be registered in the System for Award Management. Offers are due by March 22, 2024 at 2:00 pm CT. HUD will evaluate offers to determine the lowest average price per study for the ordering periods.
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Other files
| File | Type | Posted |
|---|---|---|
| Sol_86614124Q00005_Amd_0002.pdf | ||
| Solicitation Question and Answer Memo.pdf | ||
| SF 30 (11_2016) (22).pdf | ||
| PWS - Rent Comp Study _ Services for MFH_DRAFT 3.0 upload (2).pdf | ||
| Section_J_Attachment midwest (1).docx | DOCX document | |
| Question Template (1).xlsx | XLSX spreadsheet | |
| PRIOR EXPERIENCE Information Chart List of References (1).xlsx | XLSX spreadsheet | |
| Section_8_Renewal_Guidebook- March_2023 (1).pdf |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
HUD-NFNC
CHICAGO IL 60604-3507
METCALFE FEDERAL BUILDING
OFFICER
OFFICE OF THE CHIEF PROCUREMENT
US DEPARTMENT OF HUD
HUD-5AHM CODE 16. ADMINISTERED BYCODE
X
X
X
531320
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORHUD-NFNC
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
04/21/2024 1400 CT
03/22/2024
CASEY MATHIAS
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
86614124Q00005
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 76 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
77 WEST JACKSON BLVD ROOM 2517
TELEPHONE NO.
17a. CONTRACTOR/
CHICAGO IL 60604-3507
77 WEST JACKSON BOULEVARD
RALPH METCALFE FED BUILDING
HUD-5AHM
15. DELIVER TO
CHICAGO IL 60604-3507
77 WEST JACKSON BLVD ROOM 2517
METCALFE FEDERAL BUILDING
OFFICER
OFFICE OF THE CHIEF PROCUREMENT
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$9.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
US DEPARTMENT OF HUD
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Rent Comparability Study (RCS) Property Appraisal Services: As-Is and Post-Rehab rents. Midwest Region (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin)
0001 Rent Comparability Study (RCS) Property Appraisal Services: Year One
Rent Comparability Studies (RCS) and Post-Rehabilitation Studies (PRS)(STUDIES)
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
LISA X. SIMON
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
See Attachment #1
Contractor will provide Studies according to the
Performance Work Statement (PWS)
Ordering period is from effective date of BPA through One Year Thereafter
0002 Rent Comparability Study (RCS) Property Appraisal
Services: Year Two
Rent Comparability Studies (RCS) and
Post-Rehabilitation Studies (PRS)(STUDIES)
See Attachment #2
Contractor will provide Studies according to the
Performance Work Statement (PWS)
Ordering period is One Year after effective date of BPA through Two Years Thereafter
0003 Rent Comparability Study (RCS) Property Appraisal
Services: Year Three
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
76 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 76
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
86614124Q00005
Rent Comparability Studies (RCS) and
Post-Rehabilitation Studies (PRS)(STUDIES)
See Attachment #3
Contractor will provide Studies according to the
Performance Work Statement (PWS)
Ordering period is Two Years after effective date of BPA through Three Years Thereafter
0004 Rent Comparability Study (RCS) Property Appraisal
Services: Year Four
Rent Comparability Studies (RCS) and
Post-Rehabilitation Studies (PRS)(STUDIES)
See Attachment #4
Contractor will provide Studies according to the
Performance Work Statement (PWS)
Ordering period is Three Years after effective date of BPA through Four Years Thereafter
0005 Rent Comparability Study (RCS) Property Appraisal
Services: Year Five
Rent Comparability Studies (RCS) and
Post-Rehabilitation Studies (PRS)(STUDIES)
See Attachment #5
Contractor will provide Studies according to the
Performance Work Statement (PWS)
Ordering period is Four Years after effective date of BPA through Five Years Thereafter
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Table of Contents
SECTION A - Solicitation/Contract Form
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES. (NOV 2023)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES. (FEB 2024)
SECTION B - Supplies or Services/Prices SECTION C - Description/Specifications SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance
2452.246-70 INSPECTION AND ACCEPTANCE. (APR 2019)
SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements SECTION I - Contract Clauses
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)
52.204-20 PREDECESSOR OF OFFEROR. (AUG 2020)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. (NOV 2021)
52.232-37 MULTIPLE PAYMENT ARRANGEMENTS. (MAY 1999)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)...24
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS. (MAR 2023)
2452.203-70 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES. (APR
2019)
2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST. (FEB 2000)
2452.209-71 LIMITATION ON FUTURE CONTRACTS. (FEB 2000)
2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR 1984)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
2452.227-70 GOVERNMENT INFORMATION. (DEC 2012)
2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE).
(MAR 2016) - ALTERNATE II (APR 2019)
2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE. (APR 2019)
2452.237-79 POST AWARD CONFERENCE. (MAR 2016) - ALTERNATE I (MAR 2016)33
2452.239-71 INFORMATION TECHNOLOGY VIRUS SECURITY. (FEB 2006)
SECTION J - List of Documents, Exhibits and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Bidders
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG
2020)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS. (DEC 2014)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION. (OCT 2020)
52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-
REPRESENTATION AND DISCLOSURES. (DEC 2023)
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN
CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-
REPRESENTATION AND CERTIFICATIONS. (JUN 2020)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES. (FEB 2024)
SECTION L - Instructions,Conditions, and Notices to Bidders
52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE.
(AUG 2020)
52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES. (SEP 2023)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)
SECTION M - Evaluation Factors for Award
52.212-2 EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (NOV 2021)
SECTION A - Solicitation/Contract Form
Clause List: Clauses with prefix "52" are FAR clauses, clauses with prefix "2452" are HUDAR clauses
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES. (NOV 2023)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES. (FEB 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115- 91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ](4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(6) [Reserved]
[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
[ ] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(DEC 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (DEC 2023) of 52.204-30.
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved]
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-6.
[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-7.
[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (JUN 2020) of 52.219-9.
[ ] (v) Alternate IV (SEP 2023) of 52.219-9.
[X] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-13.
[X] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (FEB 2024) (15 U.S.C. 657f).
[X] (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (July 2014) of 52.222-35.
[X] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (July 2014) of 52.222-36.
[X] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[ ] (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
[ ] (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(JUN 2020) (E.O. 13513).
[ ] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[ ] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[ ] (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[ ] (52)(i) 52.225-1, Buy American-Supplies (OCT 2022)) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (OCT 2022) of 52.225-1.
[ ] (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (DEC 2022) of 52.225-3.
[ ] (iv) Alternate III (FEB 2024) of 52.225-3.
[ ] (v) Alternate IV (OCT 2022) of 52.225-3.
[ ] (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.
5150).
[ ] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[ ] (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
[ ] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[ ] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management
(OCT 2018) (31 U.S.C. 3332).
[ ] (63) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[ ] (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (APR 2003) of 52.247-64.
[ ] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115- 91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (DEC 2023) (Pub. L. 115-390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi) [X] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
The following addendum applies to this clause: FAR 52.212-4(a), Inspection/Acceptance:
1. All deliverables provided by the BPA holder shall comply with the form, content, performance, acceptance criteria and functionality specified in this Agreement and its attachments.
2. The BPA holder shall ensure that all deliverables are furnished to the Contracting Officer Representative (COR) on or before the 30-day due date of each Call Order. All deliverables must be by email.
3. Inspection and acceptance shall be coordinated by the COR identified in the individual Call Order and accomplished in accord with the Section 8 Guide, Chapter 9, Sections 9-15 through 9-
17 (GUIDE).
4. The government will have up to a 40-day period (30 for the Guide required substantive review (SR) + 10 for corrections (if necessary)) to inspect and review each deliverable and to accept or reject the deliverable based on the acceptance criteria established in the Section 8 Guide, Chapter 9, Sections 9-15 through 9-17. Acceptance must be provided in writing (email).
5. HUD shall notify of any requested corrections within the acceptance period, specifying the corrections or deficiencies. The BPA holder must make and return corrections to the COR and reviewing HUD Appraiser that will be specified per Rent Comparability Study, by the COR, within the 10-days required by 9-17 of the Section 8 Guide.
SECTION B - Supplies or Services/Prices
1. DESCRIPTION: The US Department of Housing and Urban Development (HUD), Office of the Chief Procurement Officer (OCPO), has a requirement to establish one or more Blanket Purchase Agreements (BPAs).
According to Federal Acquisition Regulation (FAR) section 13.303, Blanket Purchase Agreements, the BPA Holder agrees to the terms and conditions of the BPA exclusively with the US Department of Housing and Urban Development.
The BPA will provide HUD with a contracting vehicle to place call orders for obtaining rent comparability studies for multifamily properties. The BPA holder will provide third party appraisers to prepare Full Rent Comparability Study pre-repair (as-is) rent studies and Full Rent Comparability Study Including Post-Repair (as-repaired) rent studies according to Chapter 9 of the Section 8 Renewal Policy Guide (GUIDE).
The BPA holder must provide all equipment, management, materials, supervision, supplies, and other items and services necessary to coordinate, perform, schedule, and assure effective performance of Studies for multifamily (MF) properties according to the terms and conditions of the blanket purchase agreement. The BPA holder must perform the Studies (i.e. projects) for the HUD Office of Multifamily Programs, in the Midwest Region: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
2. TERMS OF AGREEMENT: The Blanket Purchase Agreement will be in place for five
(5) years, unless terminated sooner by either party: The BPA Holder or the government. The BPA Holder is required to provide written notice of 30 days or more prior to termination.
3. EXTENT OF OBLIGATION: The government is obligated only to the extent of authorized call/orders placed against this BPA.
a. Review for compliance to new statutes or directives may be completed during the period of the
BPA.
b. Purchases (calls) after the specified period, or exceeding the aggregate total dollar limitation, shall not be authorized, or considered an obligation.
c. Call orders made under this BPA will include, by reference, the terms and conditions cited in the BPA.
4. PURCHASE LIMITATION: No individual call under the agreement shall exceed the total estimated value of the BPA. HUD anticipates, but does not guarantee, that each individual Call Order will be approximately $50,000 or less. HUD anticipates, but does not guarantee, that the total aggregate amount of Call Orders across all BPAs awarded will not exceed $200,000 per year. This BPA RFQ seeks to obtain the best value quote to support HUD's Rental Comp Studies requirements. The value of BPA orders to be placed under all BPAs awarded in the aggregate is estimated at $1,000,000 over the course of 5 years. The U.S. Government makes no guarantee that orders placed under these BPAs will be of equal value. There is no minimum guarantee under the BPA.
5. INDIVIDUALS AUTHORIZED TO PLACE CALL ORDERS:
The following HUD personnel, acting within the scope of their delegated procurement authority, may place call orders against this BPA:
· Any warranted HUD contracting officer.
· HUD Office of Multifamily individuals designated micro-purchase authority (see FAR 1.603-3).
· HUD Purchase card holders.
HUD will place orders via any means available, including email, facsimile, or in writing.
6. DELIVERY TICKETS: All shipments under the agreement must be accompanied by delivery tickets. The tickets must contain the following minimum information:
a. Name of supplier
b. BPA number
c. Date of purchase
d. Purchase (call) number
e. Itemized list of services furnished (i.e., rent comparability study)
f. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)
g. Date of delivery or shipment
7. INVOICES: The BPA holder must submit an itemized invoice at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which the BPA holder has not received payment. These invoices need not be supported by copies of delivery tickets.
This BPA shall require all invoices to be submitted digitally through the Department of Treasury's Invoice Processing Platform (IPP). The BPA holder shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL: ipp.gov in accordance with the instructions on the website.
The BPA holder must submit an invoice with each delivery ticket. A proper invoice must consist of:
a. Company name, address, phone number, and email address.
b. Invoice date and number.
c. BPA number, purchase order line-item number and, if applicable, the call order number.
d. Description, quantity, unit of measure, unit price and extended price of the items delivered.
e. Property Name and acceptance date by the HUD Substantive Reviewer Appraiser. The assigned COR approves the payment once accepted.
f. Terms of any discount for prompt payment offered; and,
g. BPA holder file number.
8. PRICING:
https://www.ipp.gov/
a. The prices to the government for all services under this BPA must be as low as, or lower than those charged to the supplier's most favored customers for comparable services under similar terms and conditions, in addition to any discounts for prompt payment.
b. The prices for Full Rent Comparability Study pre-repair (as-is), and Full Rent Comparability Study Including Post-Repair (as-repaired) rent studies must include all technical and clerical services, materials, supplies, reviews, reports, communications, HUD Rent Comparability tasks, time, travel, printing, photographic expenses, postage, courier fees and other fees related to the delivery of information to HUD, general oversight, general and administrative costs, fringe benefits, and profit/fee.
c. The BPA holder must furnish a signed price list periodically as requested by the contracting officer. IF THE BPA holder REQUESTS A CHANGE TO THE PRICE LIST, THE BPA holder AGREES TO FURNISH THE PRICE CHANGES TO THE CONTRACTING
OFFICER AT LEAST TEN DAYS PRIOR TO THE EFFECTIVE DATE OF THE PRICE
CHANGE. The BPA number must be shown on the price list. The price list is not in effect until signed by the contracting officer.
d. The price list is expected to remain relatively firm with consideration to be given to market and labor trends.
e. The BPA holder is required to submit an annual price list to the contracting officer, thirty
(30) days prior to the new performance period year.
f. Estimated Quantities: The quantities set forth for Rent Comparability and Post Rehab Studies is the best estimate of the total quantity the government may order during the ordering period of the blanket purchase agreement. The quantities for the service specified in the Schedule are estimates only and do not obligate HUD to order/purchase that amount.
9. PLACEMENT OF CALL ORDERS:
a. A Call Order is the contractual instrument issued by an authorized individual to the BPA holder to place rent comparability study (RCS) projects.
b. Calls for studies under the BPAs may be competed amongst the awardees if the government awards more than one BPA.
i. The contracting officer may provide competition for each call exceeding the micro-purchase threshold.
ii. Micro-purchases may be awarded without competition if the contracting officer or individual appointed according to FAR 1.603(b), considers the price to be fair and reasonable.
c. Authorized individuals will place call orders by issuing a call order number as well as the Blanket Purchase Agreement (BPA) number, as well as correspondence concerning the BPA, including delivery transmittals and invoices. The HUD MFH Regional Office placing the call order will maintain a register of call order numbers for each fiscal year.
d. For evaluation of call orders above the micropurchase threshold, in the case of multiple awards, the government will evaluate offers for award purposes by:
i. Calculating the total price for each ordering period of Rent Comparability Studies (RCS) (RCS Tasks One and Two);
ii. Determine an average price per study for the period.
iii. Award the call order to the lowest price/study BPA holder.
e. The Government may determine that an offer is unacceptable if the ordering periods are significantly unbalanced. Evaluation of ordering periods shall not obligate the government to execute the ordering periods.
f. By submission of its offer or quotation, the offeror or quoter accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.
g. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding Agreement without further action by either party.
h. Before the offers specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
i. The Government may compete draw-down awards for efficiency. In such an instance, the Government will specify a maximum dollar value it may order over a set period of time. The Government will seek competitive quotes from BPA holders for the draw-down awards. The draw-down award shall represent the fair opportunity competition for the number of rent compatibility studies or dollar value of call orders stated in the draw down award. The Government shall then be entitled to place call orders with that BPA holder for up to the maximum number of rent compatibility studies or dollar value stated in the draw down award without further competition. The draw-down award does not obligate the Government to place any call orders. A call order shall be placed when the Government requests a rent comparability study for one or more specific properties and the BPA holder accepts the order.
SECTION C - Description/Specifications
Refer to Performance Work Statement - Attachment # J-1
SECTION D - Packaging and Marking
D.1 MARKING All information submitted to the Contracting Officer, Contracting Officer Representative (COR) and Subject Matter Expert (SME) must clearly indicate the blanket purchase agreement number/call order number. All documents submitted or reports produced by the BPA holder must be suitably marked as BPA holder products or that BPA holder participation is appropriately disclosed.
SECTION E - Inspection and Acceptance
Clause List: Clauses with prefix "52" are FAR clauses, clauses with prefix "2452" are HUDAR clauses
2452.246-70 INSPECTION AND ACCEPTANCE. (APR 2019)
SECTION F - Deliveries or Performance
SECTION G - Contract Administration Data
SECTION H - Special Contract Requirements
H.1. PUBLIC COMMUNICATION
The BPA holder must not represent itself as HUD to outside parties. To maintain public trust, and not to mislead the public, the BPA holder must, when communicating with outside parties, explain that they are a department BPA holder. When performing work for HUD, the BPA holder's personnel must be easily identifiable to the public as a HUD BPA holder. BPA holder personnel must be identifiable though the use of badges, corporate logos, or other distinguishable credentials.
H.2. CORPORATE FILINGS
Upon request of the Government, and at the commencement of the contract term, the BPA holder must provide to the Contracting Officer copies of all corporate, partnership or other applicable filings and organizational documents relating to both the BPA holder and Subcontractor entities, including, but not limited to, the following: Articles of Incorporation, Certificates of Good Standing, Designation of Registered Agent, Bylaws, and Incumbency Certificates.
In addition, after the commencement of the BPA term, the BPA holder must provide copies of these documents as they are renewed or otherwise amended, together with any other BPA holder and subcontractor organizational documents requested by the Contracting Officer.
H.3. BPA holder RESPONSBILITIES FOR PUBLICATIONS, FORMS AND
HANDBOOKS
a. The BPA holder is:
- Responsible for obtaining and maintaining all applicable forms and publications.
- Responsible for ensuring that all services are conducted according to current HUD forms and publications.
b. All the forms and publications described in this BPA are subject to revision. The Contract Officer Representative (COR) will to the maximum extent possible notify the BPA holder of changes to HUD forms and publications. The BPA holder must contact the COR whenever the BPA holder believes a form of publication the BPA holder is currently using was superseded.
c. The BPA holder will incur the expense for the duplication of any forms/formats necessary to accomplish work under the BPA.
d. The BPA holder may download publications, forms, and handbooks from the following HUD websites:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/handbks_forms or HUDCLIPS (HUDs Client Information Policy Systems) http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/ The most recently approved version of Chapter 9 of HUDs Section 8 Renewal Policy Guide
(Guide).
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/mfhsec8
H.4. CONFLICT OF INTEREST
It is the BPA holders’ responsibility to maintain compliance with Conflict of Interest criteria outlined in The U.S. Department of Housing and Urban Development’s Section 8 Renewal Policy Guidebook. The contractor is required to certify that:
“I/We have no present or prospective financial interest in the above project, its Ownership or management agent entity, or the principals of those entities. I/We am/are not an employee of those principals or entities, and I/We have no business or close personal/family interest with those parties that commonly would be perceived to create bias or a conflict of interest. I/We have not performed any services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment unless listed here:”
Furthermore, it is the BPA holders’ responsibility to remain compliant with any changes to the conflict-of-interest requirements outlined in The U.S. Department of Housing and Urban Development’s Section 8 Renewal Policy Guidebook. A copy of the guidebook is available at:
https://www.hud.gov/sites/dfiles/Housing/documents/Section_8_Renewal_Guidebook- %20March_2023.pdf
H.5. TERMINATION OF RENT COMPARABILITY STUDY FOR CONVENIENCE
(a) During performance of a Call Order, it may become necessary for the Government to terminate one or more rent comparability study for the convenience of the Government. See FAR 52.212-4(l). The Government may terminate a rent compatibility study when the Government determines that terminating the rent comparability study is in the Government's best interest.
This includes, but is not limited to, instances where there is no longer a need for the rent comparability study due to:
(1.1) U.S. Department of Housing and Urban Development Asset Management decided to request a waiver for a rent comparability study; or (1.2) The property owner decided to pursue another option to estimate market rents; or (1.3) The owner request rents close to the 140% median or has accepted rents below the 140% median; or (1.4) Asset management accepts a rent comparability study from a Multifamily Accelerated Processing (MAP) approved appraiser that was procured by the bank underwriting the loan; or (1.5) The owner was approved for an optional mark up to market rent adjustment but changed their mind after being contacted by a U. S. Housing and Urban Development third-party appraiser.
https://www.hud.gov/sites/dfiles/Housing/documents/Section_8_Renewal_Guidebook-%20March_2023.pdf https://www.hud.gov/sites/dfiles/Housing/documents/Section_8_Renewal_Guidebook-%20March_2023.pdf
(b) In accordance with FAR 31.109, the Government and the BPA holder agree that, if one or more rent comparability study is terminated for convenience, the only allowable cost shall be the percentage of the study’s unit price stated in the table below. No other costs or fee shall be allowed, and the prorated unit rate shall be the full termination for convenience settlement amount for each terminated study. The contractor shall not submit a termination for convenience settlement proposal, but rather shall invoice for the terminated study in accordance with the table below.
Termination Settlement Compensation Structure Timing of Government’s
Termination Costs To Be Paid to
Contractor (Unit Price is the Price per Study)
Documents Required From Contractor
Site inspection has not yet been scheduled
2% of the Study’s Unit Price Invoice
Site inspection is scheduled for six (6) or more days after the date of termination
25% of the Study’s Unit Price Invoice (must include the inspection date and project contact’s name, email, and phone number)
Site inspection is scheduled for five (5) or fewer days after the date of termination
35% of the Study’s Unit Price Invoice (must include the inspection date and project contact’s name, email, and phone number)
After site inspection is complete but before Draft Rent Comparability Study Report is submitted
50% of the Study’s Unit Price Invoice (must include the inspection date and project contact’s name, email, and phone number); Contractor must provide all documentation and Rent Comparability Material to the
COR
After site inspection is complete and Draft Rent Comparability Study Report is submitted
80% of the Study’s Unit Price Invoice (must include the inspection date and project contact’s name, email, and phone number); Call Order Contractor must submit its Draft Rent Comparability Study Report to the COR
(c) Only a contracting officer representative or contracting officer may terminate a rent comparability study. The Government will notify the BPA holder of the termination in writing (e.g., e-mail). The Contractor shall immediately confirm receipt of the termination for convenience.
(d) Notwithstanding paragraph H.4.(b), the Government is not obligated to pay the prorated unit rate when the rent comparability study is terminated for convenience at the request of the contractor. The Government is not obligated to grant such a request, and this provision does not limit the Government’s remedies in the event of a repudiation or other breach.
(e) Notwithstanding paragraph H.4.(b), the Government is not obligated to pay the prorated unit rate when the rent comparability study is terminated for convenience because the Contractor has a conflict of interest. A Contractor shall not have a prospective or present financial interest in the Section 8 project for which the rent compatibility study is being conducted. The Contractor shall not be an employee of the Owner of the property for which the rent compatibility study is being conducted or have a business or close personal/family relationship with those parties. The Contractor shall not be under a Limited Denial of Participation. This provision does not limit the Government’s remedies in the event of a breach of the prohibition against conflicts of interest.
(f) Any dispute related to this section will be resolved in accordance with FAR 52.212-4(d) “Disputes.”
SECTION I - Contract Clauses
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)
52.204-20 PREDECESSOR OF OFFEROR. (AUG 2020)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. (NOV 2021)
52.232-37 MULTIPLE PAYMENT ARRANGEMENTS. (MAY 1999)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS. (MAR 2023)
2452.203-70 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES. (APR
2019)
2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST. (FEB
2000)
2452.209-71 LIMITATION ON FUTURE CONTRACTS. (FEB 2000)
2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR 1984)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph…
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