Property Management at HHA

RFP 23-54 Page 1 of 15 2640 Fountain View Drive, Houston, Texas 77057 | 713.260.0600 | David A. Northern, Sr., President & CEO Houston Housing Authority Board of Commissioners: LaRence Snowden, Chair | Kristy M. Kirkendoll, Vice Chair Dr. Max Miller, Jr. | Stephanie Ballard | Andrea Hillard Cooksey | Kris Thomas | Guillermo “Will” Hernandez REQUEST FOR PROPOSAL (RFP) 23-54 The Houston Housing Authority (HHA), has issued this solicitation with the intent to establish a contract with a Property Management Firm (PMF) to manage HHA’s Low-income Multifamily Public Housing Communities identified in Exhibit A, in accordance with the requirements and terms and conditions specified herein. Interested parties who wish to respond to this solicitation must submit the required documents to the below individual by 2:00 P.M. Central Daylight Time (CDT) Thursday, December 15, 2023 to: Houston Housing Authority Attn: Julinda Turner Re: RFP 23-54 Property Management of HHA Properties - DO NOT OPEN 2640

Fountain View Drive, Houston, Texas 77057 The face of the sealed envelope/package must contain the above information, and once it is in the possession of HHA, their contents will not be publicly opened or revealed until after a contract is awarded. Interested parties are also highly encouraged, to check HHA’s website prior to the submission of their sealed response to ensure they are aware of any Amendment(s) that may affect this solicitation. They should also send an e-mail acknowledgement to Purchasing@housingforhouston.com, that they have downloaded this solicitation from HHA’s website. Doing so, will allow HHA to notify interested parties of any Amendments that may affect this solicitation. Late submissions will be handled in accordance with Section 6 of Attachment H Instructions to Offerors Non- Construction HUD Form 5369-B. Questions regarding this solicitation must be sent via e-mail to Purchasing@housingforhouston.com with “RFP 23-54” in the subject line by the date and time listed in Section 4.0 of this solicitation. Any changes to the requirements specified herein will be done via an Amendment. ______________ __________________________________ Date Julinda Turner, J.D. Contract Administrator Houston Housing Authority (HHA) A Fair Housing and Equal Employment Opportunity Agency. For assistance: Individuals with disabilities may contact the 504/ADA Administrator at 713-260- 0353, TTY 713-260-0574 or 504ADA@housingforhouston.com mailto:purchasing@housingforhouston.com mailto:504ADA@housingforhouston.com RFP 23-54 Page 2 of 15 TABLE OF CONTENTS SUBJECT SECTION PAGE I. ORGANIZATION OVERIEW PROFILE OF HHA 1.0 3 II. SPECIAL TERMS AND CONDITIONS INTENT 2.0 4 PERIOD OF PERFORMANCE 3.0 4 PROCUREMENT SCHEDULE 4.0 4 SCOPE OF WORK 5.0 5 SELECTION CRITERIA 6.0 5 SUBMITTALS 7.0 5 III. GENERAL TERMS AND CONDITIONS AMENDMENTS 8.0 9 AVAILABILITY OF RECORDS 9.0 9 BASIS FOR AWARD 10.0 9 CANCELLING THE SOLICITATION 11.0 9 CONFIDENTIALITY OF SUBMITTALS 12.0 9 ETHICAL BEHAVIOR 13.0 9 FEDERAL REGULATIONS WITH REGARD TO NONDISCRIMINATION AND EQUAL OPPORTUNITY 14.0 10 INFORMALITIES 15.0 10 INSURANCE 16.0 11 MINORITY WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION 17.0 11 MISTAKES IN BIDS 18.0 11 PAYMENT TERMS 19.0 12 PERMITS 20.0 12 PROJECT MANAGER 21.0 12 QUESTIONS 22.0 12 REMOVAL OF EMPLOYEES 23.0 12 RESERVATION OF RIGHTS 24.0 12 RULES, REGULATIONS AND LICENSING REQUIREMENTS 25.0 13 STANDARDS OF CONDUCT 26.0 13 SUBCONTRACTING 27.0 13 TAXES 28.0 13 TRAVEL AND REIMBURSEMENTS 29.0 13 VALIDITY OF RESPONSES 30.0 13 SUPPLEMENTS 31.0 13 RFP 23-54 Page 3 of 15 I. ORGANIZATION OVERVIEW 1.0 PROFILE OF THE HOUSTON HOUSING AUTHORITY 1.1 HHA is currently governed by the Housing Authorities Law, codified in the Texas Local Government Code. It is a unit of government and its functions are essential governmental functions. It operates and manages its housing developments to provide decent, safe, sanitary and affordable housing to low-income families, the elderly, and the disabled, and implements various programs designed and funded by the U.S. Department of Housing and Urban Development (HUD). HHA is a Public Housing Agency. 1.2 The property of HHA is used for essential public and governmental purposes, and its property are exempt from all taxes, including sales tax on all its purchases of supplies and services. 1.3 HHA enters into and executes contracts and other instruments that are necessary and convenient to the exercise of its powers. 1.4 HHA maintains contractual arrangements with HUD to manage and operate its Low Rent Public Housing program and administers the Section 8 Housing Assistance Payments programs. HHA’s programs are federally funded, and its revenues are received from federal funds, administrative fees, development grants and rental income. 1.5 HHA provides affordable homes and services to more than 60,000 low-income Houstonians, including over 17,000 families housed through the Housing Choice Voucher Program and another 5,500 living in 25 public housing and tax credit developments around the city. HHA also administers the nation's third largest voucher program exclusively serving homeless veterans. END OF SECTION I RFP 23-54 Page 4 of 15 II. SPECIAL TERMS AND CONDITIONS 2.0 INTENT 2.1 The intent of this solicitation is to establish a fixed price contract with a PMF who is expected to fully embrace the provision of decent and safe rental housing for eligible, low-income, families, elderly and persons with disabilities. The PMF will be expected to demonstrate a high degree of competence and professionalism in the following areas: 2.1.1 Personnel Management; 2.1.2 Maintaining Assets; 2.1.3 Administrative Recordkeeping / Financial Management; 2.1.4 Compliance with applicable Policies and Procedures; and, 2.1.5 Providing Residential Services 3.0 PERIOD OF PERFORMANCE 3.1 The successful Offeror shall enter into a management agreement. The term of the management agreements to be awarded shall be for two (2) years with one (1), two (2) year renewal option. The renewal option is subject to Owner’s approval. The management agreement includes a provision for termination for convenience by Offeror or Owner with a thirty (30) day written notice. The agreement will also outline situations where the successful Offeror can be terminated immediately “for cause.” 4.0 PROCUREMENT SCHEDULE 4.1 The following is the anticipated procurement schedule for this solicitation: EVENT DATE Date Solicitation Advertised November 17, 2023 Deadline for the submittal of written questions to Purchasing@housingforhouston.com Tuesday November 29, 2023 4:00 P.M. Deadline HHA will post answers to written questions to Houston Housing Authority Monday December 04, 2023, 5:00 P.M. Deadline for the receipt of sealed responses Friday December 15, 2023, 2:00 P.M. Note: Interested parties are responsible for monitoring HHA’s website to stay informed of any Amendments that may affect this solicitation. mailto:Purchasing@housingforhouston.com http://www.housingforhouston.com/ RFP 23-54 Page 5 of 15 5.0 SCOPE OF WORK (SOW) 5.1 All services shall be provided per Exhibit A Scope of Work (SOW) attached herein this solicitation. 6.0 SELECTION CRITERIA 6.1 Interested parties that submit the required information by the specified due date and time will have their responses evaluated by an HHA Evaluation Committee who will utilize the Evaluation Criteria in Exhibit B, to evaluate and score the responses. 6.2 HHA reserves the right to make multiple awards(s), reject responses at its discretion, request additional information from proposers, select the successful proposers(s) at its sole discretion, and conduct negotiations to establish a contract that is advantageous and beneficial to HHA. 7.0 SUBMITTALS 7.1 All responses must conform to the requirements specified herein. 7.1.1 HHA is not responsible for any costs that may be incurred in the development and submittal of any responses to this solicitation. All submissions, will become a part of HHA 's official files, and HHA is not obligated to return them when they are in the possession of HHA . 7.2 All responses must conform with the following submittal preparation. 7.2.1 Download the entire and completed response documents on a unlocked flash drive. The company’s name or initials should be placed/etched/marked on the flash drive. 7.2.2 Verify the accuracy and the contents of the flash drive and response to the solicitation prior to submitting to HHA. 7.2.3 Both the flash drive and completed response to the solicitation must be submitted in a Sealed Package/Envelope/Box and/or Courier Package to HHA by the specified due date and time. 7.2.4 HHA does not accept digital or faxed submittal of the responses for this solicitation. Submittal may at the respondent’s discretion be hand delivered, mailed, and/or courier delivered by the specified due date and time. 7.3 “HHA” will accept one (1) original version in a three-ring binder of the responses which may be hand delivered, courier delivered or mailed to the location specified on page 1. Each response must be tabbed, and contain the following: 7.3.1 Cover Letter (CL) 7.3.1.1 The CL must be on company letterhead, the company’s EIN or TIN, signed by an authorized official of the company (who can negotiate and contractually bind your company) with their title, phone number, and e-mail address. 7.3.1.2 The CL should aknowledge the receipt and review of this solicitation, and the any Amendment(s) issued by HHA . RFP 23-54 Page 6 of 15 7.3.1.3 Submit a copy of the company’s W-9 (Request for Taxpayer Identification Number and Certification). 7.3.1.4 Provide the EIN and a brief description of your organizational history and the capability to fulfill the requirements as stated herein. 7.3.2 Experience with Multi-family Housing Communities 7.3.2.1 Provide a brief description of any organizational and or staff experience with direct managing of multi-family with and without public housing and mixed- income communities within the state of Texas. 7.3.2.2 Provide references that can verify the firms experience managing: a. Communities of all public housing units; b. Communities of mixed-income communities, including public housing units; c. Communities of mixed-income communities, excluding public housing units; and, d. Provided supporting documentation/references showing the firms ability to effectively manage communities consisting of four hundred (400) or more units. 7.3.2.3 Provide a detailed description of your staffing plan(s) to fulfill the requirements listed herein. Note: This information will be used by HHA ’s Evaluation Committee to assess a score relative to item 1 per Exhibit C Evaluation Criteria. 7.3.3 Approach to provide key management functions 7.3.3.1 PMF ability to provide competent personal in these key functions: a. Property management; b. Financial Accounting (cost-control experience, reporting, etc.); c. Physical (Maintenance, Quality Controls, etc.) ; and, d. Capital Funds Note: This information will be used by HHA ’s Evaluation Committee to assess a score relative to item 2 per Exhibit C Evaluation Criteria. 7.3.4 Demonstrated Competence Applying Regulatory and Compliance Standards 7.3.4.1 Must be able to demonstrate an understanding of Housing and Urban Development (HUD) and Texas Department of Housing and Community Affairs (TDHCA) regulatory and compliance standards for public housing and tax credit properties. RFP 23-54 Page 7 of 15 Note: This information will be used by HHA ’s Evaluation Committee to assess a score relative to item 3 per Exhibit C Evaluation Criteria. 7.3.5 Property Management Plan (PMP) 7.3.5.1 Submit a PMP based on the requirements in Exhibit B. 7.3.5.2 High standards should be presented in the above document that offers a precise and sound approach to achieve the following benchmarks: Assessment Indicators Monthly Targets Management • 100% occupancy • 100% Accounts Receivable • Accounts Payables not exceeding 10% Financial • Explore opportunities for revenue growth, while reducing expenses • Balanced budgets indicated on monthly financial reports • Accurate financial reporting and submissions Physical • Accurate electronic data reporting and submissions • Progressive oversight and management of a work-order system • Consistently maintain property(ies) in superb conditions with daily site inspections and randomly selected unit/system inspections • 100% of the unit inspections, annually (UPCS Standards) • Evidence of implementing maintenance plans • Evidence of controlled maintenance expenses Capital Funding • Conduct frequent assessments to ensure capital needs are valid and prioritized correctly • Expend 100% of capital funding Resident Services & Safety • Ensure 100% residents are treated with dignity & respect, at all times • Promote community safety that deters and minimizes fear, risk of harm and/or injury Note: This information will be used by HHA ’s Evaluation Committee to assess a score relative to item 4 per Exhibit C Evaluation Criteria. RFP 23-54 Page 8 of 15 7.3.6 Property Management Fees 7.3.6.1 Complete Exhibit E for the property(ies) your Firm desires to manage. Note: This information will be used by HHA ’s Evaluation Committee to assess a score relative to item 5 per Exhibit C Evaluation Criteria. 7.3.7 Performance Indicators 7.3.7.1 Provide five (5) business references related to the work specified in this Exhibit A: Scope of work (SOW). 7.3.7.2 Provide within the five (5) business references, a status statement of compliance to the provided five (5) business references for the required, proposed delivery or performance schedule. 7.3.7.3 Provide relevant indicators of having the necessary production, construction, technical equipment and facilities, or the ability to obtain them. 7.3.7.4 If company has been in business for less than five (5) years, the company may provide two (2) business references, with a certified statement indicating the start date of the business and how long from the start date the company has been in business. A status statement of compliance to the provided two (2) business references of the required, proposed delivery or performance schedule. 7.3.8 M/WBE Participation 7.3.8.1 Attachment C M/WBE Participation Note: HHA ’s Evaluation Committee will use this information to assign a score per item 6 of Exhibit C Evaluation Criteria. 7.3.9 Section 3 Utilization and Commitment 7.3.9.1 Attachment D Section 3 Requirements and Commitments Note: HHA ’s Evaluation Committee will use this information to assign a score per item 7 of Exhibit C Evaluation Criteria. 7.3.10 Attachment E Conflict of Interest (CIQ) Form 7.3.11 Attachment F Representations, Certifications and Other Statements Public Housing Programs (Form HUD 536 7.3.12 Attachment G General Conditions for Non-Construction Contracts 7.3.13 Financial Indicators Documentation RFP 23-54 Page 9 of 15 7.3.13.1 Provide the last two (2) years of financial revenue/income statements and indicators of the company’s operational efficiency. 7.4 HHA will not evaluate responses that do not comply with the submittal requirements specified herein. Responses received after the specified date and time will be considered non-responsive. END OF SECTION II RFP 23-54 Page 10 of 15 III. GENERAL TERMS AND CONDITIONS 8.0 AMENDMENTS 8.1 Any interpretation(s) affecting this solicitation will be issued in the form of an amendment by HHA prior to the specified due date on page 1. HHA will not be bound by, or responsible for any other explanations or interpretations of this solicitation other than those given in writing as set forth herein. Oral instructions, interpretations, or representations will not be binding upon HHA or representatives of HHA. All amendments shall be binding in the same way as if originally written in this solicitation. 9.0 AVAILABILITY OF RECORDS 9.1 The U. S. Department of Housing and Urban Development, the Inspector General of the United States, the HHA, and any duly authorized representatives of each shall have access to, and the right to examine any and all pertinent books, records, documents, invoices, papers, and the like of the firm(s) office, that relates to any work that is performed as a result of this solicitation. 10.0 BASIS FOR AWARD 10.1 See Section 6.0. 10.2 Interested parties are responsible for ensuring they submit all documents referenced and incorporated in this solicitation, and are familiar with the contents of those documents. Failure to do so shall be at the sole risk of the interested party, and no relief shall be given for errors or omissions by the interested party. 11.0 CANCELLING THE SOLICITATION 11.1 HHA may cancel this solicitation at any time, and when it is in its best interests to do so. HHA is not responsible for any costs associated with the cancellation of this solicitation. (See Section 7.1.1). 12.0 CONFIDENTIALITY OF SUBMITTALS 12.1 As stated on page 1, responses to this solicitation will not be opened publicly. All submittals and information shall remain confidential until all negotiations are completed and a Notice of Award is issued. All submittals received by HHA shall be included as part of the official file, and any part of the submittal that is not considered confidential, privileged or proprietary under any applicable Federal, State or local law shall be available for public inspection upon completion of the procurement process. Material submitted by an Offeror that is to be considered as confidential must be clearly marked as such; however, the applicable provisions of Federal, State and local laws shall govern the confidentiality of submittals despite anything contrary to this provision stated in the submittal. 13.0 ETHICAL BEHAVIOR 13.1 Interested Firms shall not: RFP 23-54 Page 11 of 15 13.1.1 Offer any gratuities, favors, or anything of monetary value to any official or employee of HHA for the purpose of influencing consideration of a submission; and, 13.1.2 Engage in any practice which may restrict or eliminate competition (i.e., collusion), or otherwise restrain trade. 13.1.2.1 The above is not intended to preclude joint ventures or subcontracts. 13.2 Ethical violations will cause a response to this solicitation to be rejected. 14.0 FEDERAL REGULATIONS WITH REGARD TO NONDISCRIMINATION AND EQUAL OPPORTUNITY 14.1 The requirements of Title VIII of the Civil Rights Act of 1968 and Title VI of the Civil Rights Act of 1964, relating to prohibitions against discrimination in housing and the benefits of federally funded programs because of race, color, religion, sex or national origin must be met by the successful firm(s). 14.2 The successful bidder(s)/proposer(s) will: 14.2.1 Adhere to federal regulations prohibiting discrimination on the basis of age under the Age Discrimination Act of 1975, and prohibit discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990. 14.2.2 Meet the requirements of: 14.2.2.1 Section 3 of the Housing and Urban Development Act of 1968, relating to the training and employment of individuals, and contracting for business opportunities in metropolitan areas in which federally funded programs are being operated. 14.2.2.2 Executive Orders (EO’s): • EO 11246 relating to equal employment opportunity in connection with federally funded programs • EO’s 11625, 12432, and 12138 relating to the use of minority and women’s business enterprises in connection with federally funded programs 15.0 INFORMALITIES 15.1 HHA reserves the right to waive any informality, and make an award that is in the best interest of HHA. 15.1.1 Minor informalities are matters of form rather than substance. They are insignificant mistakes that can be waived or corrected without prejudice to the other proposers/bidders and have little or no effect on price, quantity, quality, delivery, or contractual conditions. Examples include failure to: submit a signed bid package; sign the bid, provided that the unsigned bid is accompanied by other documents indicating the bidder’s intent to be RFP 23-54 Page 12 of 15 bound (e.g., a signed cover letter or a bid guarantee); complete one or more certifications; or acknowledge receipt of an amendment or addendum, provided that it is clear from the bid that the bidder received the amendment/addendum and intended to be bound by its terms, or the amendment/addendum had a negligible effect on price, quantity, quality, or delivery. 16.0 INSURANCE 16.1 HHA will specify the amount of insurance that will be required during the Period of Performance. 17.0 MINORITY WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION 17.1 Refer to Attachment C for M/WBE Participation requirements. 18.0 MISTAKES IN BIDS 18.1 General 18.1.1 While proposers/bidders will be bound by their submittals (the “firm bid rule”), circumstances may arise where correction or withdrawal of their bid or proposal is proper and may be permitted. Correction or withdrawal of a bid or proposal will be done in a manner that will protect and maintain the integrity and fairness of the competitive solicitation process. 18.2 Mistakes Discovered Before Solicitations Are Opened 18.2.1 Interested parties may withdraw or modify their submittals by written or facsimile notice prior to the opening of the solicitations. (Refer to Section 6 of Attachment G.) 18.3 Review of Mistakes 18.3.1 After the solicitations are opened, HHA will review all submittals to ensure there are no obvious mistakes, e.g., the sum of individual bid line items does not equal the total price. If a submittal appears to have a mistake, HHA will notify the interested of any apparent mistake(s) in his/her submittal, and request verification of the total price as submitted. 18.4 Mistakes After Solicitations Are Opened 18.4.1 If this solicitation is soliciting bids, then in general, bidders will not be permitted to change a bid after bid opening. In rare cases, HHA may permit the revision of a bid if the bidder is able to present clear and convincing evidence, acceptable to HHA, of a mistake and the intended bid price. Allowing changes to bids without appropriate evidence may compromise the integrity of the public bid process and serve to undermine public confidence in HHA ’s bidding process. Therefore, HHA will request as much evidence as it deems necessary. Examples of evidence may include: original work papers, bids from suppliers and subcontractors used to develop the bid, bonding or insurance evidence supporting a different bid price, etc. Failure or refusal by a bidder to provide adequate evidence shall result in the original bid remaining unchanged. Consultation with HHA ’s Legal Dept. will occur before RFP 23-54 Page 13 of 15 authorization is given change a bid. If justified, a low bidder can be replaced with the next lowest bidder. 19.0 PAYMENT TERMS 19.1 HHA will process all invoices after the work has been approved by HHA ’s Project Manager. Payment terms are net 30 days. 19.2 Irrespective of any default hereunder, HHA may at any time cancel the contract in whole or in part. Should this occur, the successful bidder/proposer shall be entitled to equitable compensation for all work completed and accepted by HHA ’s Project Manager prior to such termination or cancellation. 20.0 PERMITS 20.1 The successful proposer(s) shall obtain and pay (independent of HHA), all permits, certificates, and licenses required and necessary for the performance of the work specified herein. Furthermore, they shall post all notices required by law, and shall comply with all laws, ordinances, and regulations which may affect their performance. 20.2 Interested parties MUST register at SAM.GOV before the opening date and time of the solicitation. Failure to register would be considered non-responsive to the requirements of the solicitation. 21.0 PROJECT MANAGER 21.1 HHA may designate a Project Manager during the Period of Performance. 22.0 QUESTIONS 22.1 Interested parties should follow the instructions on page 1 should they have any questions about this solicitation. 22.2 Interested parties are prohibited from querying HHA personnel, or members of its Board of Commissioners regarding this solicitation except through written questions submitted in the manner and within the time frame indicated on page 1 of this solicitation. 23.0 REMOVAL OF EMPLOYEES 23.1 HHA may request the successful contractor(s) to remove immediately from the contract/project, any employee found unfit to perform their duties due to one or more of the following reasons, which includes, but is not limited to: 23.1.1 Negligence, being disorderly, using abusive or offensive language, quarreling or fighting, stealing, vandalizing property; and, 23.1.2 Engaging in immoral or inappropriate behavior (e.g., being intoxicated, or under the influence of mind-altering substances), or pursuing criminal activity (e.g., selling, consuming, possessing or being under the influence of illegal substances). RFP 23-54 Page 14 of 15 24.0 RESERVATION OF RIGHTS 24.1 Depending upon the circumstance(s), HHA reserves the right to change, modify, or alter any Draft Contract associated with the solicitation. 25.0 RULES, REGULATIONS AND LICENSING REQUIREMENTS 25.1 The Offeror and staff must possess all necessary required license(s) to do business in Houston/Harris County and the State of Texas. Additionally, the Offeror, shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein. Offerors are presumed to be familiar with all federal, state, and local laws, ordinances, codes, rules, and regulations that may in any way affect the service. 26.0 STANDARDS OF CONDUCT 26.1 During the period of performance, the employees of the successful contractor(s) shall conduct themselves in a responsible and professional manner, and may be removed from the project if they display behavior that is unacceptable to HHA. 27.0 SUBCONTRACTING 27.1 Any contract issued as a result of this solicitation will not be subcontracted to third parties unless it has been previously approved by HHA in writing. 28.0 TAXES 28.1 HHA is exempt from State of Texas, and Local Taxes. 29.0 TRAVEL AND REIMBURSEMENTS 29.1 Any prices/fees mutually agreed upon shall include all necessary out-of-pocket expenses needed to perform the work specified herein. HHA will not issue any reimbursements for travel, lodging, meals, or other miscellaneous or ancillary expenses, unless it is defined in the final contract. 30.0 VALIDITY OF RESPONSES 30.1 Responses will not be unilaterally withdrawn or modified for a period of ninety (90) days after they have been received and opened by HHA. 31.0 SUPPLEMENTS 31.1 The following documents are considered part of this solicitation and must be included, completed and signed where applicable: Attachment A: Declaration Attachment B: Non-Collusive Affidavit Attachment C: M/WBE Participation Attachment D: Section 3 Requirements and Commitment Attachment E: CIQ Attachment F: Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs (Form HUD 5369-A) RFP 23-54 Page 15 of 15 Attachment G: Instructions to Offerors Non-Construction (Form HUD 5369-B) Attachment H: Previous Participation Certification Attachment I: General Conditions for Non-Construction Contracts Section Attachment J: Davis Bacon Wage Rate Exhibit A: Scope of Work (SOW) Exhibit B: Property Management Plan (PMP) Requirements Exhibit C: Evaluation Criteria Exhibit D: HHA Property Sites Exhibit E: Property Management Fee Exhibit F: Draft Contract END OF SECTION III ATTACHMENT A RFP 23-54 DECLARATION The undersigned declares the following: • This response is being submitted in good faith, and without collusion or fraud • The only person(s) interested in the aforementioned solicitation is listed below, and that this response is being submitted without connection or arrangement with any other person • They have complied with the requirements of the aforementioned solicitation, have read all addenda (if any), and is satisfied that they fully understand the intent of the aforementioned solicitation, and the terms and conditions that will govern any award issued by HHA as a result of this solicitation • They agree to execute an agreement with HHA based on the latter accepting the submittals required by the aforementioned solicitation Persons Interested in this Response: Name Identity of Interest 1. 2. 3. NAME OF CONTRACTOR/OFFEROR/FIRM/INDIVIDUAL/CORPORATION MAUNAL OR E-SIGNATURE TITLE E-MAIL ADDRESS PHONE NUMBER / FAX NUMBER ADDRESS, CITY, STATE, ZIP SUBMITTAL DATE ATTACHMENT B RFP 23-54 NON-COLLUSIVE AFFIDAVIT STATE OF TEXAS COUNTY OF HARRIS _____________________________________, being first duly sworn, deposes and says that he is _____________________________________ (a partner of officer of the firm of, etc.) the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person to fix the bid price or affiant or of any other bidder, or to fix any overhead, profit, or cost element of said bid price, or of that of any other bidder, or to secure any advantage against HOUSTON HOUSING AUTHORITY (HHA) of any person interested in the proposed Contract; and that all statements in said proposal or bid are true. ___________________________________ Signature of Bidder, if Bidder is an Individual ___________________________________ Signature of Bidder, if Bidder is a Partnership ___________________________________ Signature of Officer, if Bidder is a Corporation Subscribed and sworn to before me this ________ day of ________________________, 20____ ______________________________________ Notary Public My Commission expires _________________ RFQ 18-28 Page 1 of 6 ATTACHMENT C RFP 23-55 REQUIREMENTS FOR SUBCONTRACTING WITH SMALL BUSINESSES AND MINORITY BUSINESSES, WOMEN BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. I. INSTRUCTIONS. Any Prime Contractor awarded a contract pursuant to this procurement must agree to comply with the subcontracting requirements set forth below. Please note that the capitalized terms used in this document are defined below in § VII. (1) Please read this document carefully; (2) sign the acknowledgement; and (3) complete and sign the attached “Bidder’s Proposed M/WBE Participation Form.” II. OVERVIEW. Any contract resulting from this procurement must comply with: (1) the requirements in HHA's Procurement Policy (the “Policy”) and the Code of Federal Regulations (the “Code”) regarding Subcontracting with small and minority owned businesses, women business enterprises, and labor surplus area firms (the “Policy Requirements”); and (2) HHA's goal regarding Subcontracting with minority business enterprises and women business enterprises (the “HHA's Goal”). Any person or firm that receives an award pursuant to this procurement must take affirmative steps to comply with the Policy Requirements and must use their best efforts to meet HHA's Goal. The Policy Requirements and HHA's Goal are described in detail below. III. THE POLICY REQUIREMENTS. Pursuant to the Policy, at § 15, and the Code, at 2 CFR § 200.321, if a Prime Contractor awarded a contract pursuant to this procurement lets Subcontracts, then the Prime Contractor must take affirmative steps to assure that, when possible, Subcontracts are let to Small Business Enterprises (“SBEs”), Minority Businesses Enterprises (“MBEs”), Women Business Enterprises (“WBEs”), and Labor Area Surplus Firms (“LASFs”). The affirmative steps a Prime Contractor who lets Subcontracts must take are: • Placing SBEs, MBEs, and WBEs, on solicitation lists; • Assuring that SBEs, MBEs, and WBEs, are directly solicited for bids or proposals whenever such entities are potential sources to perform Subcontracts; • Dividing total job requirements, whenever economically feasible, into smaller tasks or quantifies to permit maximum participation by SBEs, MBEs, and WBEs, in a given project; • Establishing delivery schedules, when the requirement permits, that encourage participation by SBEs, MBEs, and WBEs; • Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce; and, • Including in Subcontracts, to the greatest extent feasible, a clause that requires Subcontractors to provide opportunities for training and employment for lower income persons who reside in the project area. The affirmative steps listed above shall remain in effect for the duration of the Prime Contract awarded pursuant to this procurement. HHA encourages Prime Contractors to implement these steps when acquiring the materials they need to perform their obligations under the Prime Contract. IV. HHA's GOAL. A. Overview of HHA's Goal and related requirements. In addition to taking the affirmative steps outlined above in § III, a Prime Contractor who anticipates using Subcontracts to complete any work associated with this procurement must use its best efforts to satisfy HHA's Goal regarding the participation of MBEs and WBEs in work under contracts awarded by HHA. HHA's Goal, as adopted by its Board of Commissioners, is that when Subcontracts are being let, at least 30% of the Prime Contract’s total dollar amount is subcontracted to MBEs or WBEs, with at least 15% of the Prime Contract’s total dollar amount being subcontracted to MBEs, and at least 15% being subcontracted to WBEs. In furtherance of HHA's Goal, a Prime Contractor awarded a contract under this procurement who intends to let Subcontracts must use its best efforts to Subcontract with MBEs and WBEs. Specifically, a Prime Contractor letting Subcontracts must use its best efforts (1) to Subcontract at least 15% of the Prime Contract’s total dollar amount to MBEs, and (2) to Subcontract at least 15% of the Prime Contract’s total dollar amount to WBEs. A Prime Contractor’s obligation to use its best efforts to subcontract with MBEs and WBEs in accordance with HHA's Goal shall remain in effect for the duration of the Prime Contract, shall apply in any instance that the Prime Contractor lets Subcontracts, and shall apply equally to all Prime Contractors letting Subcontracts, regardless of whether the Prime Contractor is itself a MBE or WBE. • A Prime Contractor must document its use of best efforts to meet HHA's Goal. Generally, written evidence of a Prime Contractor’s attempts to Subcontract with MBEs and WBEs shall suffice to document a Prime Contractor’s best efforts. Written evidence may include, but is not necessarily limited to, emails, phone logs, or correspondence showing that a Prime Contractor attempted to Subcontract with MBEs and WBEs by, at a minimum, soliciting bids or quotes. Contractors may access a list of designated MBEs and WBEs at http://www.window.state.tx.us/procurement/cmbl/cmblhub.html. In addition, upon request, HHA may assist contractors in identifying MBEs and WBEs (but, requesting such assistance, standing alone, is not sufficient to show best efforts). • A Prime Contractor’s duty to document its best efforts to meet HHA's Goal shall remain in effect for the duration of the Prime Contract and shall apply to all Prime Contractors awarded a contract pursuant to this procurement. HHA encourages Prime Contractors to use their best efforts to procure from MBEs and WBEs the materials necessary for the Prime Contractor to perform its obligations under the Prime Contract. http://www.window.state.tx.us/procurement/cmbl/cmblhub.html V. CONTRACTOR’S AGREEMENT TO COMPLETE REQUIRED FORMS AND TO COOPERATE WITH HHA REGARDING THE POLICY REQUIREMENTS AND HHA's GOAL. All respondents to this procurement who anticipate letting subcontracts must complete and return the attached “Bidders Proposed M/WBE Participation Form” (the “Form”). Respondents should include the Form in their response to this procurement; in addition, information documenting the respondent’s use of best efforts to subcontract with MBEs and WBEs should accompany the Form. If it does not anticipate letting subcontracts, a respondent must, along with its response, inform HHA of same, and provide a brief explanation of why no subcontracts will be let. HHA will consider as non-responsive any response that fails to include a completed Form; HHA will, however, allow respondents an opportunity to cure a failure to include the Form with a response. In addition to completing and submitting the Form to HHA, any entity awarded a contract by HHA pursuant to this procurement must provide “M/WBE Confirmation of Payment Form(s),” as necessary or as requested by HHA. Prime Contractor must also to submit proof of payments to SBEs, MBEs, WBEs, and LASFs, as requested by HHA, or as otherwise is required by law. VI. CONSEQUENCES FOR FAILING TO TAKE THE AFFIRMATIVE STEPS MANDATED BY THE POLICY REQUIREMENTS OR USING BEST EFFORTS TO MEET HHA's GOALS. If a Prime Contractor letting subcontracts does not take the affirmative steps mandated by the Policy Requirements, use its best efforts to meet HHA's Goal, or cooperate with HHA with respect to the requirements set forth herein, HHA reserves the right to refuse to award a contract to the Prime Contractor, to deem the Prime Contractor’s response to a solicitation non-responsive, to terminate an existing contract with the Prime Contractor, and to bar the Prime Contractor from being awarded any future contracts by HHA. VII. DEFINITIONS. • “Code” means the Code of Federal Regulations. • “Form” means the “Bidders Proposed M/WBE Participation Form” included with this procurement. • “HHA” means the Houston Housing Authority, and, for the purposes of the requirements set forth herein, HHA's affiliates and any property management company procuring work or services for the benefit of a property owned by HHA or its affiliates. • LASFs” refers to Labor Area Surplus Firms. Labor Area Surplus Firms are businesses that will expend more than fifty percent of the cost of performing a contract in areas of concentrated unemployment or underemployment, as defined by the Department of Labor and promulgated at 20 CFR Part 654. • “MBE(s)” refers to minority business enterprises. Minority business enterprises are businesses that are at least fifty-one percent owned by one or more minority group members, or, in the case of a publically owned business, a business where at least fifty-one percent of the business’s voting stock is owned by one or more minority group members and whose management and daily operations are controlled by one or more such individuals. Minority group members include, but are not necessarily limited to: (a) Black Americans; (b) Hispanic Americans; (c) Native Americans; (d) Asian-Pacific Americans; (e) Asian- Indian Americans; and (f) Hasidic Jewish Americans. • “Policy” means the Houston Housing Authority’s Procurement Policy. • “Policy Requirements” shall have the meaning set forth in § II above. • “Prime Contract(s)” means the contract awarded pursuant to this procurement that is between a respondent to the solicitation and HHA. For all purposes herein, the term is inclusive of all change orders or amendments to the initial contractor entered between the Prime Contractor and HHA. • “Prime Contractor(s)” means the person or entity who responds to this procurement and is awarded a contract by HHA. • “SBEs” refers to small business enterprises. Small business enterprises are businesses that are independently owned, not dominant in their field of operation, and not an affiliate or subsidiary of a business that is dominant in its field of operation. • “Subcontract(s)” means the contract between the Prime Contractor and a Subcontractor entered to accomplish all or a part of the Prime Contractor’s obligations under its contract with HHA that results from this procurement. • “Subcontractor(s)” means a person or entity who the Prime Contractor contracts with to perform a part or all of the Prime Contractor’s obligations under the Prime Contractor’s contract with HHA that results from this procurement. • “WBEs” refers to women business enterprises. Women business enterprises are businesses that are at least fifty-one percent owned by a woman who is a United States citizen, or by women who are United States citizens and who control and operate the business. VIII. ACKNOWLEDGEMENT. The undersigned has read the foregoing “Requirements for Subcontracting with Small Businesses, Minority Businesses, Women Business Enterprises, and Labor Area Surplus Firm,” and understands and accepts the requirements and obligations set forth therein. When Subcontracting any portion of the work associated with this procurement, the undersigned agrees to take the affirmative steps stated in § III above, and agrees to use its best efforts to meet HHA's Goal, as stated in § IV above. The undersigned understands and acknowledges that failure to comply the requirements set forth herein may result in HHA refusing to award a contract to the undersigned or the termination of an existing contract. _________________________________________________ Name of Firm _________________________________________________ Complete Address _________________________________________________ Name of Individual Completing this Form _________________________________________________ Title _________________________________________________ Direct Phone Number / Cell Phone Number _________________________________________________ Direct Fax Number _________________________________________________ E-Mail Address _________________________________________________ Date ___________________________________________ Signature Note: This Form must contain a signature Bidder’s Proposed M/WBE Participation Form Instructions • HHA requires bidders (Prime Contractors) who let Subcontracts to use their best efforts to Subcontract at least 30% of a Prime Contract’s total dollar amount to Minority Business Enterprises (“MBEs”) or Women Business Enterprises (“WBEs”). • It is HHA's Goal, that Prime Contractors letting Subcontracts award at least 15% of the Prime Contract’s total amount to MBEs and at least 15% of the Prime Contract’s total amount to WBEs. • The requirement that Prime Contractors letting Subcontracts use their best efforts to Subcontract with MBEs and WBEs applies to all Prime Contractors, regardless of their own status as a MBE or WBE. • Please complete and sign the form below indicating firm Subcontracting commitments from MBEs and WBEs. Use additional pages, if necessary. • For detailed information on HHA's MBE and WBE Subcontracting requirements, see Attachment C. M B E s Name of MBE Subcontractor Certification(s) Amount of Subcontract Percent of Contract Total Total Note: Attach additional sheets if necessary. W B E s Name of MBE Subcontractor Certification(s) Amount of Subcontract Percent of Contract Total Total Note: Attach additional sheets if necessary. _______________________________ Name of Firm _______________________________ Date _____________________________________ Printed Name ____________________________________ Signature ATTACHMENT D: HOUSTON HOUSING AUTHORITY SECTION 3 BIDDER’S REQUIREMENTS & COMMITMENT I. Background - Section 3 of the Housing & Urban Development Act of 1968, as amended, 12 U.S.C. 1701 hereinafter “Section 3”) requires the Houston Housing Authority (“HHA”), to the greatest extent feasible, to provide employment and contracting opportunities to low to very low-income individuals, within the City of Houston. These opportunities are created by contracts funded, directly or indirectly, by “HHA”. II. Benchmarks & Goals – Success of Section 3 activities will be measured by the achievement of the following benchmarks, annually: 1) Data demonstrating at least 20% of the total number of labor hours worked by all workers (employed by an employer) were worked by Section 3 Workers that are defined as Low Income Individuals or Youth Build per https://www.huduser.gov/portal/datasets/il.html. , OR 2) Data demonstrating at least 5% of the total number of labor hours worked by all workers (employed by an employer) were worked by Targeted Section 3 Workers (Public Housing residents, Section 8 participants & Youth Build). III. Solicitation Requirements - Interested parties responding to a HHA solicitation are required to include in their submission, this form (Section 3 Requirements & Commitment), which describes efforts that will be taken to engage Section 3 Participants.” IV. Acceptable Section 3 Activities – Viable Section 3 opportunities are: 1. Hire Section 3 Workers to fill a minimum of 20% of the labor hours needed to honor contractual duties with HHA. (Note: Section 3 Workers can be existing/new personnel who are deemed as low to very low- income individuals, in accordance to HUD’s guidelines). 2. Provide paid on-the-job training (apprenticeship) for Section 3 Workers to enhance job skills in core duties/services related to a bidder’s contractual duties with HHA. 3. Offer subcontracting opportunities preferably to Section 3 Business Concern or other disadvantaged businesses to fulfill contractual duties with the HHA. 4. Bidder self-certify they meet at least one criterion to be a Section 3 Business Concerns; when responding to a HHA solicitation: a) At least 51% is owned and controlled by low- or very-low-income person; OR b) Business has at least 75% of its’ labor hours performed (over the most recent 3-month period) by Section 3 Workers; OR c) At least 51% is owned and controlled by a Public Housing/Section 8 Participant. V. Exemption from Section 3 Activities - Bidders submitting solicitations for any of the following goods and/or services are exempt from fulfilling any Section 3 commitments: 1) Contracts for “material only” and do not require the hiring of new or expanded labor (office/janitorial supply contracts, etc). 2) Contracts for Section 8 Project-based Vouchers and Project-based Rental Assistance 3) Professional Service contracts requiring advanced degrees or professional licensing (engineers, architects, accountants, consultants, etc.) Company Name: Name of Contact Person for Section 3 Commitment: Title: Contact Number: Contact Person E-Mail: Solicitation Title: Solicitation #: https://www.huduser.gov/portal/datasets/il.html VI. Section 3 Commitment - Bidders shall identify what efforts will be taken during contractual terms to comply with HHA’s Section 3 Requirements to the greatest extent feasible. All bidders are required to select at least one (1) of the following options: OPTIONS QUANTIFIABLE COMMITTMENT � OPTION 1 - Exempt Bidder is exempt due any one of the following options: o Contracts for “material only” and do not require the hiring of new or expanded labor (office/janitorial supply contracts, etc). o Contracts for Section 8 Project-based Vouchers and Project-based Rental Assistance o Professional Service contracts requiring advanced degrees or professional licensing (engineers, architects, accountants, consultants, etc.) � OPTION 2 - Jobs Title:_______________________________________ # of Positions:_________________ Pay_________ Work Hours____________________ Location_____________________ Skills to be Acquired :______________________________________________________ Qualifications:____________________________________________________________ � OPTION 3 – Paid Training or Apprenticeship Title:_______________________________________ # of Positions:_________________ Pay_________ Work Hours____________________ Location_____________________ Skills to be Acquired :______________________________________________________ Qualifications:_____________________________________________________________ � OPTION 4 – Sub- Contracting with Section 3 Business Concerns Company Name__________________________________________________________ Contract Amount $______________________ % of Contract:______________________ Summary of Duties: ________________________________________________________ � OPTION 5 -Existing Section 3 Business Concern Bidder self-certifies they meet at least one of the following criteria to be recognized as a Section 3 Business Concern: o At least 51% is owned and controlled by low- or very-low income person; o Over 75% of the labor hours performed for the business (over a 3-month period) are performed by Section 3 Workers; o At least 51% of the business is owned and controlled by current Public Housing resident or Section 8 Assisted participant. ____________________________________ _____________________________________ Name of Firm Printed Name of Authorized Individual __________________________________ _____________________________________ Date Manual/E-signature of Authorized Individual HOUSTON HOUSING AUTHORITY SECTION 3 COMPLIANCE REPORT Submission Date: Reporting Period: _______Primary Contractor ____Subcontractor Company Name: Person completing invoice Project Name: RFP #: Amount of Contract Amount of Current Invoice: # participants hired Training Commitment # Trained this Report Period YTD Trained during Contract List Individuals Employed Name Training Title Stipend Amount Paid # of participants engaged in training/ apprenticeship Contribution Commitment Amount Pledged Amount Paid Pledge Balance Amount contributed to Self-Sufficiency Fund $ $ $ Section 3 Business Concerns Company Name Contract Amount Provided Indicate how at least 25% was subcontracted to Section 3 business(es) $ $ $ ____________________________________________ ____________________________________________ Print Name of Person Completing Report Title ____________________________________________ ____________________________________________ Signature of Person Completing Report Date CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ OFFICE USE ONLY Date Received This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Attachment E: RFP 23-54 Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. form HUD-5369-A (11/92)Previous edition is obsolete Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs U.S. Department of Housing and Urban Development Office of Public and Indian Housing pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text Attachment F pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text form HUD-5369-A (11/92)Previous edition is obsolete Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs Table of Contents Clause Page 1. Certificate of Independent Price Determination 1 2. Contingent Fee Representation and Agreement 1 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1 4. Organizational Conflicts of Interest Certification 2 5. Bidder's Certification of Eligibility 2 6. Minimum Bid Acceptance Period 2 7. Small, Minority, Women-Owned Business Concern Representation 2 8. Indian-Owned Economic Enterprise and Indian Organization Representation 2 9. Certification of Eligibility Under the Davis-Bacon Act 3 10. Certification of Nonsegregated Facilities 3 11. Clean Air and Water Certification 3 12. Previous Participation Certificate 3 13. Bidder's Signature 3 1. Certificate of Independent Price Determination (a) The bidder certifies that-- (1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory-- (1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above. _______________________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. [ ] [Contracting Officer check if following paragraph is applicable] (d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000) (1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit. (2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid. 2. Contingent Fee Representation and Agreement (a) Definitions. As used in this provision: "Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. "Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter. (b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer. (d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000) (a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification. Page1 of 3 form HUD-5369-A (11/92)Previous edition is obsolete 6. Minimum Bid Acceptance Period (a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids. (b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. (c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require- ment. The bidder allows the following acceptance period: calendar days. (e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected. (f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above. 7. Small, Minority, Women-Owned Business Concern Representation The bidder represents and certifies as part of its bid/ offer that it -- (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned business enterprise. "Women- owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera- tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) The bidder represents and certifies that it: (a) [ ] is, [ ] is not an Indian-owned economic enterprise. "Economic enterprise," as used in this provision, means any com- mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned. "Indian," as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act. (b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body. Indian "tribe" means any Indian tribe, band, group, pueblo, or (b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation; (2) If any funds other than Federal appropriated funds (includ- ing profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision. 4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities: (a) Result in an unfair competitive advantage to the bidder; or, (b) Impair the bidder's objectivity in performing the contract work. [ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement. 5. Bidder's Certification of Eligibility (a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcon- tractors, is ineligible to: (1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or, (2) Participate in HUD programs pursuant to 24 CFR Part 24. (b) The certification in paragraph (a) above is a material represen- tation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs. Page 2 of 3 form HUD-5369-A (11/92)Previous edition is obsolete community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs. 9. Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts exceeding $2,000) (a) By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 10. Certification of Nonsegregated Facilities (applicable to contracts exceeding $10,000) (a) The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Con- tract for Construction. (b) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (c) By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. (d) The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will: (1) Obtain identical certifications from the proposed subcon- tractors; (2) Retain the certifications in its files; and (3) Forward the following notice to the proposed subcontrac- tors (except if the proposed subcontractors have submitted identical certifications for specific time periods): Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 11. Clean Air and Water Certification (applicable to con- tracts exceeding $100,000) The bidder certifies that: (a) Any facility to be used in the performance of this contract [ ] is, [ ] is not listed on the Environmental Protection Agency List of Violating Facilities: (b) The bidder will immediately notify the PHA/IHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and, (c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. 12. Previous Participation Certificate (applicable to construction and equipment contracts exceeding $50,000) (a) The bidder shall complete and submit with his/her bid the Form HUD-2530, "Previous Participation Certificate." If the successful bidder does not submit the certificate with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the certificate by that date may render the bid nonresponsive. No contract award will be made without a properly executed certifi- cate. (b) A fully executed "Previous Participation Certificate" [ ] is, [ ] is not included with the bid. 13. Bidder's Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. __________________________________________________________________ (Signature and Date) __________________________________________________________________ (Typed or Printed Name) __________________________________________________________________ (Title) __________________________________________________________________ (Company Name) (Company Address) Page 3 of 3 Previous edition is obsolete form HUD-5369 (10/2002) Instructions to Bidders for Contracts Public and Indian Housing Programs U.S. Department of Housing and Urban Development Office of Public and Indian Housing pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text Attachment G: pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text Previous edition is obsolete form HUD-5369 (10/2002) Instructions to Bidders for Contracts Public and Indian Housing Programs Table of Contents Clause Page 1. Bid Preparation and Submission 1 2. Explanations and Interpretations to Prospective Bidders 1 3. Amendments to Invitations for Bids 1 4. Responsibility of Prospective Contractor 1 5. Late Submissions, Modifications, and Withdrawal of Bids 1 6. Bid Opening 2 7. Service of Protest 2 8. Contract Award 2 9. Bid Guarantee 3 10. Assurance of Completion 3 11. Preconstruction Conference 3 12. Indian Preference Requirements 3 1. Bid Preparation and Submission (a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect- ing the Work of the General Conditions of the Contract for Construc- tion). Failure to do so will be at the bidders’ risk. (b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.) (c) Bidders must submit as part of their bid a completed form HUD- 5369-A, “Representations, Certifications, and Other Statements of Bidders.” (d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words “Bid Documents,” the Invitation for Bids (IFB) number, any project or other identifying number, the bidder’s name, and the date and time for receipt of bids. (e) If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words “No Bid” in the space provided for any item on which no price is submitted. (f) Unless expressly authorized elsewhere in this solicitation, alter- nate bids will not be considered. (g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered. (h) If the proposed contract is for a Mutual Help project (as de- scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa- tion regarding the bid advertisement is provided as an attachment to this solicitation. 2. Explanations and Interpretations to Prospective Bidders (a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing. The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders. (b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation. 3. Amendments to Invitations for Bids (a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder’s receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA’s/IHA’s requirements. (c) Amendments will be on file in the offices of the PHA/IHA and the Architect at least 7 days before bid opening. 4. Responsibility of Prospective Contractor (a) The PHA/IHA will award contracts only to responsible prospec- tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder’s: (1) Integrity; (2) Compliance with public policy; (3) Record of past performance; and (4) Financial and technical resources (including construction and technical equipment). (b) Before a bid is considered for award, the bidder may be re- quested by the PHA/IHA to submit a statement or other documenta- tion regarding any of the items in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award. Page 1 of 4 Previous edition is obsolete form HUD-5369 (10/2002) 5. Late Submissions, Modifications, and Withdrawal of Bids (a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it: (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and observed holidays. (b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision. (c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impres- sion) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper. (d) The only acceptable evidence to establish the time of receipt at the PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or other documentary evidence of receipt maintained by the PHA/IHA. (e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. “Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper. (f) Notwithstanding paragraph (a) of this provision, a late modifica- tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted. (g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. 6. Bid Opening All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present. 7. Service of Protest (a) Definitions. As used in this provision: “Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract. “Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation. (b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from — [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer] (c) All protests shall be resolved in accordance with the PHA’s/ IHA’s protest policy and procedures, copies of which are maintained at the PHA/IHA. 8. Contract Award (a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan- tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation. (b) If the apparent low bid received in response to this solicitation exceeds the PHA’s/IHA’s available funding for the proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA’s/IHA’s available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA’s/IHA’s available funding. If upon the application of all deductibles, no bid is within the PHA’s/IHA’s available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation. (c) In the case of tie low bids, award shall be made in accordance with the PHA’s/IHA’s written policy and procedures. (d) The PHA/IHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA’s/IHA’s written policy and procedures. Page 2 of 4 pukmc Typewritten Text Procurement Manager Houston Housing Authority 2640 Fountain View Drive Houston, Texas 77057 pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text Previous edition is obsolete form HUD-5369 (10/2002) (e) Unless precluded elsewhere in the solicitation, the PHA/IHA may accept any item or combination of items bid. (f) The PHA/IHA may reject any bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work. (g) A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party. 9. Bid Guarantee (applicable to construction and equip- ment contracts exceeding $25,000) All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening. 10. Assurance of Completion (a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] — [ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law; [ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price; [ ] (3) a 20 percent cash escrow; [ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program). (b) Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. U.S. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the U.S. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168. (c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract. (d) Failure by the successful bidder to obtain the required assur- ance of completion within the time specified, or within such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder’s bid guarantee. 11. Preconstruction Conference (applicable to construction contracts) After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other require- ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). The PHA/IHA will provide the successful bidder with the date, time, and place of the conference. 12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) (a) HUD has determined that the contract awarded under this solicitation is subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). Section 7(b) requires that any contract or subcontract entered into for the benefit of Indians shall require that, to the greatest extent feasible (1) Preferences and opportunities for training and employment (other than core crew positions; see paragraph (h) below) in connec- tion with the administration of such contracts or subcontracts be given to qualified “Indians.” The Act defines “Indians” to mean persons who are members of an Indian tribe and defines “Indian tribe” to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and, (2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de- fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452). That Act defines “economic enterprise” to mean any Indian- owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership must constitute not less than 51 percent of the enterprise; “Indian organization” to mean the governing body of any Indian tribe or entity established or recognized by such governing body; “Indian” to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act; and Indian “tribe” to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including Page 3 of 4 pukmc Typewritten Text pukmc Typewritten Text x pukmc Typewritten Text Previous edition is obsolete form HUD-5369 (10/2002) corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog- nized by the Federal Government as eligible for services from the Bureau of Indian Affairs. (b) (1) The successful Contractor under this solicitation shall com- ply with the requirements of this provision in awarding all subcon- tracts under the contract and in providing training and employment opportunities. (2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor’s employment and training preference bid statement shall be grounds for termination of the contract or for the assessment of penalties or other remedies. (c) If specified elsewhere in this solicitation, the IHA may restrict the solicitation to qualified Indian-owned enterprises and Indian organi- zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza- tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If fewer than the minimum required number of qualified Indian-owned enter- prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph (d) below. (d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is - (1) Within the maximum HUD-approved budget amount estab- lished for the specific project or activity for which bids are being solicited; and (2) No more than the percentage specified in 24 CFR 905.175(c) higher than the total bid price of the lowest responsive bid from any qualified bidder. If no responsive bid by a qualified Indian-owned economic enterprise or organization is within the stated range of the total bid price of the lowest responsive bid from any qualified enterprise, award shall be made to the bidder with the lowest bid. (e) Bidders seeking to qualify for preference in contracting or subcontracting shall submit proof of Indian ownership with their bids. Proof of Indian ownership shall include but not be limited to: (1) Certification by a tribe or other evidence that the bidder is an Indian. The IHA shall accept the certification of a tribe that an individual is a member. (2) Evidence such as stock ownership, structure, manage- ment, control, financing and salary or profit sharing arrangements of the enterprise. (f) (1) All bidders must submit with their bids a statement describ- ing how they will provide Indian preferen