Solicitation 86615426R00002.pdf
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- Attached to
- Home Sales Data
- Solicitation number
- NOF-2026-0015
About this file
This is a Request for Quotation (RFQ) and contract solicitation document for home sales data services issued by the U.S. Department of Housing and Urban Development (HUD). HUD seeks a subscription to a dynamic real estate data and analytics database providing up to 50 licensed users with online access to comprehensive home sales data covering United States markets. The contractor must deliver services including online database access, query and data sharing capabilities, unlimited downloads in Microsoft Excel-compatible formats (.CSV or .xlsx), standardized and customizable reporting, and a dedicated project manager for user support. The contract type is Firm-Fixed-Price with one 12-month base period and four optional 12-month renewal periods, covering a five-year total performance window from September 26, 2026 through September 25, 2031. The NAICS code is 531390 (Other Activities Related to Real Estate) with a size standard of $19.5 million, and the Product Service Code is AK11. The acquisition is unrestricted and conducted under FAR Part 12 for commercial items with full and open competition.
Quotations are due July 20, 2026 at 2:00 PM EST via email, with questions due by July 8, 2026. The Government will evaluate proposals using a Lowest Price Technically Acceptable (LPTA) best-value approach, rating technical acceptability as either Acceptable or Unacceptable based on four factors: Technical Approach (12 pages maximum), Quality Control Plan (3 pages), Management Plan (2 pages), and Price. Award will be made to the lowest-priced technically acceptable, responsible offeror. The quote validity period must not be less than 180 calendar days. Responses must include representations and certifications, a labor-hour breakdown, pricing per line item with escalation justification if applicable, and compliance confirmation with all applicable FAR and HUD Acquisition Regulation (HUDAR) clauses, including requirements for controlled unclassified information access, HUD facility access, system security, records management, privacy protection, and AI system transparency and testing if applicable.
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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-NOI
WASHINGTON DC 20410-1000
451 SEVENTH STREET SW
OFFICER
OFFICE OF THE CHIEF PROCUREMENT
US DEPARTMENT OF HUD
HUD-R CODE 16. ADMINISTERED BYCODE
X
X
NONE
531390
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORHUD-NOI
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
07/20/2026 1400 ET
07/06/2026
MONICA BROWN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
86615426R00002
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 68 RCS-R-2026-00024OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
ROOM 5256
TELEPHONE NO.
17a. CONTRACTOR/
WASHINGTON DC 20410
451 7TH STREET SW
CONTRACTIG OFFICER
15. DELIVER TO
WASHINGTON DC 20410-1000
ROOM 5256
451 SEVENTH STREET SW
OFFICER
OFFICE OF THE CHIEF PROCUREMENT
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$7.50
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.
Home Sales Data Period of Performance: 09/26/2026 to 09/25/2027
0001 Base year: Housing Data Subscription Service (12 Months) (50 licenses)
0002 Option 1: Housing Data Subscription Service (12 Months) (50 licenses) (Option Line Item) Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
DWAYNE E. GIST
. 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.
Period of Performance: 09/26/2027 to 09/25/2028
0003 Option 2: Housing Data Subscription Service (12
Months) (50 licenses)
(Option Line Item)
Period of Performance: 09/26/2028 to 09/25/2029
0004 Option 3: Housing Data Subscription Service (12
Months) (50 licenses)
(Option Line Item)
Period of Performance: 09/26/2029 to 09/25/2030
0005 Option 4: Housing Data Subscription Service (12
Months) (50 licenses)
(Option Line Item)
Period of Performance: 09/26/2030 to 09/25/2031
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
68 2 of
Solicitation # 86615426R00002 Home Sales Data
SECTION II – SF1449 Continuation
1. Description: The Department of Housing and Urban Development (HUD), Economic and Market Analysis Division (EMAD) is seeking a subscription for up to 50 licensed users to a dynamic real estate data and analytics database that is adept at meeting the varied needs of multiple HUD staff engaged in housing market analysis. Services shall include providing EMAD staff and other HUD employees with online access to home sales data covering markets across the United States, capability of querying, saving, and sharing the home sales data among HUD user accounts, unlimited downloads of the data, and providing a project manager who shall be responsible for assisting users with the database.
2. Acquisition Strategy: The Government will award a contract against Request for Proposal (RFP) 86615426R00002, in accordance with RFO Part 12 and Part 15 for a Full and Open Competition.
3. Terms and Conditions: The selected Contractor shall fully comply with all the specifications, clauses, and terms and conditions of the contractor. In addition, the selected Contractor must comply with any additional, supplemental terms and conditions contained in this solicitation and resulting delivery order. Provisions and clauses specific to the U.S. Housing and Urban Development (HUD) are incorporated herein.
4. NAICS Code: The NAICS code for this Contract 531390 – Other Activities Related to Real Estate, with a Size Standard of $19.5 million, which covers the pre-dominant tasks required in the Performance Work Statement (PWS).
5. Product Service Code: AK11; Commerce and Housing Credit R&D Services;
Commerce and Housing Credit; Basic Research
6. Period of Performance: One (1) 12-month Base Period and Four (4) 12-month option periods.
7. Contract Type: Firm-Fixed-Price (Discounts are encouraged)
8. Place of Performance: Contractor’s Facility
9. Delivery: 30-Days after contract award
10. Questions: Questions in response to this solicitation must be received no later than Monday July 13, July 8, 2026, at 2:00 PM EST via email to Dwayne Gist <Dwayne.E.Gist@hud.gov> and Monica Brown Monica.Brown@hud.gov . No additional questions will be accepted after this date and time.
The Government may award a contract without discussions with offeror's in accordance with FAR 52.215-1.
mailto:Dwayne.E.Gist@hud.gov mailto:Monica.Brown@hud.gov
11. Quotations: Due date/time for quotation submission: Monday, July 20, 2026, at 2:00 PM EST. All quotations shall be submitted via e-mail to Dwayne E. Gist <Dwayne.E.Gist@hud.gov> and Monica Brown <Monica.Brown@hud.gov> on or before the RFQ closing date/time. Quotations MUST state their GSA Contract Number in the quotation submission.
12. Contracting Officer: Dwayne E. Gist <Dwayne.E.Gist@hud.gov> The quote validity period shall not be less than 180 calendar days.
mailto:Dwayne.E.Gist@hud.gov mailto:Monica.Brown@hud.gov mailto:Dwayne.E.Gist@hud.gov
SECTION III – Contract Clauses
FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES
FAR 52.252-2 -- Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR: https://www.acquisition.gov/browsefar HUDAR: https://www.hud.gov/program_offices/cpo/hudar
NUMBER TITLE DATE
52.203-16 Preventing Personal Conflicts of Interest. Jun-20 52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements.
Jan-17
52.204-9 Personal Identity Verification of Contractor Personnel. Jan-11 52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
Jun-20
52.204-13 System for Award Management Maintenance. Oct-18 52.204-14 Service Contract Reporting Requirements. Oct-16 52.204-19 Incorporation by Reference of Representations and Certifications. Dec-14 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters.
Oct-18
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov-15 52.217-6 Option for Increased Quantity. Mar-89 52.219-33 Nonmanufacturer Rule. Sep-21 52.222-3 Convict Labor. Jun-03 52.222-35 Equal Opportunity for Veterans. Jun-20 52.222-35 Alternate I Jul-14 52.222-36 Equal Opportunity for Workers with Disabilities. Jun-20 52.222-36 Alternate I Jul-14 52.222-37 Employment Reports on Veterans. Jun-20 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act.
Dec-10
52.222-41 Service Contract Labor Standards. Aug-18 52.222-42 Statement of Equivalent Rates for Federal Hires. May-14 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-
Price Adjustment (Multiple Year and Option Contracts).
Aug-18
52.222-44 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment.
May-14
52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements.
May -14
52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements.
May-14 https://www.acquisition.gov/browsefar https://www.hud.gov/program_offices/cpo/hudar
52.222-54 Employment Eligibility Verification. Jan-25 52.222-55 Minimum Wages for Contractor Workers Under Executive Order
14026.
Jan-22
52.222-62 Paid Sick Leave Under Executive Order 13706. Jan-22 52.223-23 Sustainable Products and Services. May-24 52.224-3 Privacy Training. Jan-17 52.224-3 Alternate I Jan-17 52.225-1 Buy American-Supplies Oct-22 52.225-1 Alternate I Oct-22 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. Nov-23 52.225-3 Alternate II Jan-25 52.225-3 Alternate III Feb-24 52.225-3 Alternate IV Oct-22 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. Jun-20 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While
Driving.
May-24
52.232-30 Installment Payments for Commercial Products and Commercial Services.
Nov-21
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
Oct-18
52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management.
Jul-13
52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information.
Jul-13
52.232-36 Payment by Third Party. May-14 52.232-37 Multiple Payment Arrangements. May-99 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors.
Mar-23
52.233-1 Disputes. May-14 52.233-1 Alternate I Dec-91 52.233-3 Protest after Award. Aug-96 52.233-3 Alternate I Jun-85 52.233-4 Applicable Law for Breach of Contract Claim. Oct-04 52.242-5 Payments to Small Business Subcontractors. Jan-17 52.243-1 Changes-Fixed-Price Aug-87 52.243-6 Change Order Accounting Apr-84 52.243-7 Notification of Changes 52.245-1 Government Property. Sep-21 52.245-1 Alternate I Apr-12 52.245-1 Alternate II Apr-12 52.247-69 Reporting Requirement for U.S.-Flag Air Carriers Regarding
Training to Prevent Human Trafficking.
Jan-25
52.250-5 Safety Act Equitable Adjustment. Feb-09
FULL TEXT CLAUSES
FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor no later than 10 days prior to the expiration of the contract.
(End of clause) FAR 52.217-9 – Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor no later than 30 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
Department of Housing and Urban Development Acquisition Regulation (HUDAR) Clauses
HUDAR 2452.201-70 Coordination of Data Collection Activities (APR 1984)
If it is established at award or subsequently becomes a contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act (44 U.S.C. 3501-3520) applies. In that event, the Contractor shall not take any action to solicit information from any of the public respondents until notified in writing by the Contracting Officer that the required Office of Management and Budget (OMB) final clearance was received.
(End of clause)
2452.203-70 Prohibition Against the Use of Federal Employees (April 2019)
In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to Federal employees or a business concern or other organization owned or substantially owned or controlled by one or more Federal employees. For the purposes of this contract, this prohibition against the use of Federal employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants.
(End of clause)
HUDAR 2452.204-70 Preservation of, and access to, contract records (tangible and electronically stored information (ESI) formats) (DEC 2012)
(a) For the purposes of this clause—
Contract records means information created or maintained by the contractor in the performance of the contract. Contract records include documents required to be retained in accordance with FAR 4.703 and other information generated or maintained by the contractor that is pertinent to the contract and its performance including, but not limited to: email and attachments, formal and informal correspondence, calendars, notes, reports, memoranda, spreadsheets, tables, telephone logs, forms, survey, books, papers, photographs, drawings, machine-readable materials, and data.
Contract records may be maintained as electronically stored information or as tangible materials.
Contract records may exist in either final or any interim version (e.g., drafts that have been circulated for official purposes and contain unique information, such as notes, edits, comments, or highlighting). Contract records may be located or stored on the contractor's premises or at off-site locations.
Electronically stored information (ESI) means any contract records that are stored on, or generated by, an electronic device, or contained in electronically accessible media, either owned by the contractor, subcontractor(s), or employees of the contractor or subcontractor(s) regardless of the physical location of the device or media ( e.g., offsite servers or data storage).
ESI devices and media include, but are not be limited to:
(1) Computers (mainframe, desktop, and laptop);
(2) Network servers, including shared and personal drives;
(3) Individual email accounts of the contractor's principals, officers, and employees, including all folders contained in each email account such as “inbox,” “outbox,” “drafts,” “sent,” “trash,” “archive,” and any other folders;
(4) Personal data assistants (PDAs);
(5) External data storage devices including portable devices ( e.g., flash drive); and
(6) Data storage media (magnetic, e.g., tape; optical, e.g., compact disc, microfilm, etc.).
Tangible materials means contract records that exist in a physical ( i.e., non-electronic) state.
(b) If during the period of performance of this contract, HUD becomes, or anticipates becoming, a party to any litigation concerning matters related to records maintained or generated by the Contractor in the performance of this contract, the Contracting Officer may provide the contractor with a written (either hardcopy or email) preservation hold notice and certification of compliance with the preservation hold notice. Upon receipt of the hold notice, the Contractor shall immediately take the following actions—
(1) Discontinue any alteration, overwriting, deletion, or destruction of all tangible materials and
ESI.
(2) Preserve tangible materials and ESI. The contractor shall preserve ESI in its “native” form to preserve metadata (i.e., creation and modification history of a document).
(3) Identify all individuals who possess or may possess tangible materials and ESI related to this matter, including contractor employees, subcontractors, and subcontractor employees. The contractor shall provide the names of all such individuals via email to the HUD official indicated in the notice.
(4) Document in writing the contractor's efforts to preserve tangible materials and ESI. It may be useful to maintain a log documenting preservation efforts.
(5) Complete the certification of compliance with the preservation hold notice upon receipt and return it to the identified contact person; and
(6) Upon the request of the Contracting Officer, provide the Contracting Officer or other HUD official designated by the Contracting Officer with any of the information described in this clause. The contractor shall immediately confirm receipt of such request. The contractor shall describe in detail any records that the contractor knows or believes to be unavailable and provide a detailed explanation of why they are unavailable, and if known, their location.
(c)(1) If any request for records pursuant to paragraph (b)(6) of this clause causes an increase in the estimated cost or price or the time required for performance of any part of the work under this contract, or otherwise affects any other terms and conditions of this contract, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
(2) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the Contracting Officer's request made pursuant to paragraph (b)(6) of this clause. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a request submitted before final payment of the contract.
(3) Failure to agree to any adjustment shall be a dispute under the “Disputes” clause of this contract. However, nothing in this clause shall excuse the contractor from providing the records requested by the Contracting Officer.
(e) The Contractor shall include this clause in all subcontracts.
(End of clause)
HUDAR 2452.208-71 Reproduction of Reports (APRIL 2019)
In accordance with Title I of the Government Printing and Binding Regulations, printing of reports, data or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is determined by multiplying pages times copies. A production unit is one sheet, size 8.5 by 11 inches or less, printed on one side only and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters and plates which are to be used on single unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom.
All reproducible (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data or other written materials.
(End of clause)
HUDAR 2452.209-72 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.
(End of clause)
HUDAR 2452.222-70 Accessibility of meetings, conferences, and seminars to persons with disabilities (FEB 2006) The contractor shall assure that any meeting, conference, or seminar held pursuant to the contract meets all applicable standards for accessibility to persons with disabilities pursuant to Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and any implementing regulations of the Department. The contractor shall be responsible for ascertaining the specific accessibility needs (e.g., sign language interpreters) for each meeting, conference, or seminar in light of the known or anticipated attendees.
(End of clause)
HUDAR 2452.227-70 Government Information, Alternate I (DEC 2012)
(a) Definitions. As used in this clause, “Government information” includes—
Contractor-acquired information, which 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), which 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 and 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 are set forth elsewhere 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. 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) The Government shall deliver to the Contractor the information described below—
Description: See Section 3 of the Performance Work Statement
Date to be Provided: NA
(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) The Government does not warrant the validity or accuracy of the Government-furnished information unless otherwise noted.
(ii) In the event that information received by the Contractor is not in a condition suitable for its intended use, the Contractor shall immediately notify the Contracting Officer in writing. Upon receipt of the Contractor's notification, the Contracting Officer shall advise the Contractor on a course of action to remedy the problem.
(iii) If either the failure of the Government to provide information to the Contractor by the dates shown in this clause or the remedial action taken under this clause to correct defective information causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, the Contracting Officer shall consider an equitable adjustment to the contract. The Contractor shall provide to the Contracting Officer its written statement describing the general nature and amount of the equitable adjustment quotation within 30 days after the remedial action described in paragraph (ii) herein is completed, or within 30 days after the date upon which the Government failed to provide information, unless the Contracting Officer extends this period.
(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 the 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 any Government information maintained by the contractor and any subcontractors. The Contractor shall provide the Contracting Officer, and other 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. Such notification may be by electronic mail.
(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 the Contractor's failure to properly manage, account for, and safeguard the information in accordance with this clause.
(2) In the event of any loss, theft, damage, or destruction of Government information, the Contractor shall immediately 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. (1) The Government may require the Contractor to return Government Information to the Government at any time. Upon demand by the Contracting Officer or his/her representative, the Contractor shall return all Government information to the Government as directed by the Contracting Officer or other individual designated by the Contracting Officer.
(2) The Contractor's failure to return all information as directed, including directions regarding the time frames 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, and the Government shall have the right to physically remove the Government information from the Contractor, including removal of such information from the Contractor's physical premises and from any electronic media (e.g., Contractor's computer systems).
(3) 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.
(4) The Contractor shall ensure that all Government information provided to subcontractors is returned to the Government.
(5) 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 0.0001% from the total value of the contract, and/or withhold payment from the Contractor.
(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 a 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.
HUDAR 2452.232-70 Payment Schedule And Invoice Submission (Fixed Price) / Alternate
II (APR 2019)
As prescribed in HUDAR Section 2432.908(c)(2), replace paragraphs (b)(1) and (2) of the HUDAR Clause 2452.232-70 Payment Schedule and Invoice Submission (Fixed-price) with the following Alternate II language in all fixed-price solicitations and contracts when requiring invoices to be submitted electronically to the Department of Treasury's Bureau of Fiscal Services Invoice Processing Platform (IPP) system:
(b) Submission of invoices.
(1) The Contractor shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL: https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm in accordance with the instructions on the website. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232-25, “Prompt Payment.”
(2) To assist the Government in making timely payments, the Contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., block 14 of the Standard Form (SF) 26, block 21 of the SF-33, or block 25 of the SF-1449).
(End of Alternate II)
HUDAR 2452.232-72 Limitation of Government's obligation (DEC 2012)
(a) Funds are not available for full funding of all contract line items under this contract. The incrementally funded line items and their anticipated funding schedule are as follows:
Contract line item number
Total price
Amount of current funding
Anticipated date(s) of future funding
The contracting officer will revise this table as funds are allotted to the contract.
(b) For the incrementally funded line item(s) in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract for these contract line items. The Contractor is not authorized to continue work on the incrementally funded line item(s) beyond that point. The Government will in no event be obligated to reimburse the Contractor in excess of the amount allotted to the contract for the incrementally funded line item(s) regardless of anything to the contrary in the clause entitled
“Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination for convenience of applicable line item(s) includes costs, profit, and estimated termination settlement costs for those line item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (a) of this clause, the Contractor will notify the Contracting Officer in writing at least 90 days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable line item(s). This notification will state: the estimated date when that point will be reached; and an estimate of the amount of additional funding, if any, needed to continue performance of the applicable line items up to the next scheduled date for allotment of funds identified in paragraph (a) of this clause (or to another mutually agreed-upon date). The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the line item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (a) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed-upon date, the Contracting Officer will terminate any line item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(d) When additional funds are allotted for continued performance of the incrementally funded line item(s), the parties will agree to the period of contract performance covered by the funds.
The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed-upon date(s), and the contract will be modified accordingly.
(e) If the Contractor incurs additional costs or is delayed in the performance of the work under this contract solely by reason of the failure of the Government to allot additional funds in amounts sufficient for timely performance of the incrementally funded line item(s), and then additional funds are allotted, an equitable adjustment will be made in the line item price(s) or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder shall be considered a dispute subject to the “Disputes” clause in this contract.
(f) The Government may allot additional funds for the performance of the incrementally funded line item(s) at any time prior to termination.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the incrementally funded line item(s) and will no longer apply once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
2452.237-70 Key personnel. (FEB 2006)
(a) Definition. “Personnel” means 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: [List Key Personnel and/or positions, and tasks, percentage of effort, number of hours, etc., for which they are responsible, as applicable.]
HUDAR 2452.237-73 Conduct of Work and Technical Guidance (April 2019)
(a) The Contracting Officer will provide the contractor with the name and contact information of the Contracting Officer’s Representative (COR) assigned to this contract. The COR will serve as the contractor’s liaison with the Contracting Officer with regard to the conduct of work. The Contracting Officer will notify the contractor in writing of any change to the current COR’s status or the designation of a successor COR.
(b) The COR 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.
(c) The COR 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.
(d) The COR 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 COR may issue such guidance via telephone, facsimile (fax), or electronic mail.
(e) Other specific limitations [to be inserted by Contracting Officer]:
(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)
HUDAR 2452.237-75 Access to HUD Facilities (APRIL 2019)
(a) Definitions. As used in this clause -
“Access” means physical entry into and, to the extent authorized, mobility within a Government facility.
“Contract” means any authorized contractual instrument, including but not restricted to task orders, purchase orders, Blanket Purchase Agreement calls, etc.
“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 that are owned, leased, shared, occupied, or otherwise controlled by the Federal Government.
“NACI” means National Agency Check with Inquiries, the minimum background investigation prescribed by the U.S. Office of Personnel Management.
“PIV Card” means the 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 Unescorted 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 unescorted 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: Electronic Standard Form (SF) 85, “Questionnaire for Non-sensitive Positions via e-QIP,” completed USAccess enrollment (electronic fingerprinting) and Optional Form (OF) 306 (Items 1 thru 17). The SF-85 and OF-306 are available from the OPM website, http://www.opm.gov. The Electronic questionnaire is available on OPM’s e-QIP site https://www.opm.gov/investigations/e-qip-application/. The COR will provide all other forms that are not obtainable via the Internet.
(2) The contractor shall deliver the forms and information required in paragraph (c)(1) of this clause to the COR as secure as possible.
(3) The information provided in accordance with paragraph (c)(1) of this clause 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 COR will notify the contractor in writing when any contractor employee is determined to be unsuitable for access to a Government facility. The contractor shall immediately remove such employee(s) from work on this contract that requires 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 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 paragraph (c)(1) of this clause: completed PIV & Pre- Security Form.
(d) PIV Cards.
(1) HUD will issue a PIV Card to each contractor employee who is to be given access to HUD facilities and who does not already possess a PIV Card acceptable to HUD (see paragraph (b) of this clause). HUD will not issue the PIV Card until the contractor employee has successfully cleared the FBI National Criminal History Fingerprint Check, HUD has initiated the background investigation for the contractor employee and a Security Approval Notice from HUD PSD via PSDContractorIn-box@hud.gov has been received. Initiation is defined to mean that all background information required in paragraph (c)(1) of this clause has been delivered to HUD.
The employee may not be given access prior to those three 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 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 COR if any PIV Card(s) cannot be accounted for. The contractor shall promptly return PIV Cards to HUD as required by the FAR clause at 52.204-9. The contractor shall notify the COR 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 COR will instruct the contractor as to how to return the PIV Card. Upon expiration of this contract, the COR will instruct the contractor as to how to return all HUD-issued PIV Cards not previously returned.
Unless otherwise directed by the Contracting Officer, the contractor shall not return PIV Cards to any person other than the COR.
(4) The contractor shall submit a report to the Contracting Officer and COR no later than 5 calendar days after the end of each calendar quarter that provides the status of each employee who is required to work in a HUD facility during the performance of the contract. At a minimum, the report shall identify the contractor and the contract number, and list for each employee the following information:
(i) Employee name;
(ii) Name of HUD facility where employee works;
(iii) Date background check submitted;
(iv) Date PIV Card issued;
(v) PIV card number;
(vi) Date employee no longer has need of HUD PIV Card;
(vii) Date CO and COR were notified; and
(viii) Date PIV Card returned to COR.
(e) Control of access. HUD shall have, and exercise, complete control over granting, denying, withholding, and terminating access of contractor employees to HUD facilities. The COR 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)
HUDAR 2452.237-77 Temporary Closure of HUD Facilities (Oct 2021) (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| Juneteenth National Independence 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…
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