RFP 23-26 Golf Carts

RFP 23-26 Page 1 of 23 REQUEST FOR PROPOSAL (RFP) 23-26 The Houston Housing Authority (“HHA”), has issued this solicitation with the intent to establish a contract with a firm or dealer than can provide HHA with golf carts, 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 P.M. Central Standard Time (CST) June 19, 2023 to: Houston Housing Authority Attn: Julinda Turner, J.D. Subject: RFP 23-26 Purchase of Golf Carts - DO NOT OPEN 2640 Fountain View Drive Houston, Texas 77057 The face of the sealed envelope(s) must contain the above information, and once they are in the possession of HHA, their contents will not be publicly opened or revealed until after a contract is awarded. Interested parties are 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. Interested parties, who have questions about this solicitation, or who need additional information should send an email (preferably) to Purchasing@housingforhouston.com with “RFP 23-26” in the subject line, by the due date and time specified in Section 4.0 Procurement Schedule. As an alternative, interest parties have the option of sending a fax to 713-260-0810. Any changes to the requirements specified herein will be done via an Amendment. ____________________ __________________________________ Date Julinda Turner, J.D. Contract Administrator Houston Housing Authority A Fair Housing and Equal Employment Opportunity Agency. For assistance: Individuals with disabilities may contact the 504/ADA Administrator at 713- 260-0353, TTY 713-260-0547 or 504ADA@housingforhouston.com 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 mailto:purchasing@housingforhouston.com RFP 23-26 Page 2 of 23 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 4 SELECTION CRITERIA 6.0 4 SUBMITTALS 7.0 5 III. GENERAL TERMS AND CONDITIONS AMENDMENTS 8.0 8 AVAILABILITY OF RECORDS 9.0 8 BASIS FOR AWARD 10.0 8 CANCELLING THE SOLICITATION 11.0 8 CONFIDENTIALITY OF SUBMITTALS 12.0 8 ETHICAL BEHAVIOR 13.0 8 FEDERAL REGULATIONS WITH REGARD TO NONDISCRIMINATION AND EQUAL OPPORTUNITY 14.0 9 INFORMALITIES 15.0 9 INSURANCE 16.0 10 MINORITY WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION 17.0 10 MISTAKES IN BIDS 18.0 10 PAYMENT TERMS 19.0 11 PERMITS 20.0 11 PROJECT MANAGER 21.0 11 QUESTIONS 22.0 11 REMOVAL OF EMPLOYEES 23.0 11 RESERVATION OF RIGHTS 24.0 11 RULES, REGULATIONS AND LICENSING REQUIREMENTS 25.0 12 STANDARDS OF CONDUCT 26.0 12 SUBCONTRACTING 27.0 12 TAXES 28.0 12 TRAVEL AND REIMBURSEMENTS 29.0 12 VALIDITY OF RESPONSES 30.0 12 SUPPLEMENTS 31.0 12 RFP 23-26 Page 3 of 23 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, 4,200 living in 19 public housing and tax credit developments, and an additional 716 in project- based voucher developments around the city. END OF SECTION I RFP 23-26 Page 4 of 23 II. SPECIAL TERMS AND CONDITIONS 2.0 INTENT 2.1 The intent of this solicitation is to establish a fixed-priced contract with a firm or dealer that can provide Golf Carts for various locations within HHA authority. The Golf Carts offered can be: 2.1.1 New Golf Carts for Purchase 3.0 PERIOD OF PERFORMANCE 3.1 Any contract executed as a result of this solicitation will have a warranty period after purchase for: Model Batteries, Service Maintenance Agreements. 4.0 PROCUREMENT SCHEDULE 4.1 The following is the anticipated procurement schedule for this solicitation: EVENT DATE Date Solicitation Advertised May 22, 2023 Deadline for the submittal of written questions to Purchasing@housingforhouston.com 4 P.M. CST June 02, 2023 Deadline HHA will Post Answers to written questions on Housingforhouston.com 4 P.M. CST June 9, 2023 Deadline for the receipt of sealed responses 2 P.M. CST June 19, 2023 5.0 SCOPE OF WORK (SOW) 5.1 All services will be performed in accordance with the requirements specified in Exhibit A Scope of Work (SOW) attached herein. 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 all responses. mailto:Purchasing@housingforhouston.com http://www.housingforhouston.com/doing-business-with-hha/current-solicitations.aspx RFP 23-26 Page 5 of 23 6.2 HHA reserves the right to make multiple award(s), reject responses at its discretion, request additional information from proposers, select the successful proposer(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. 7.1.2 All submissions, will become a part of HHA's official files, and HHA is not obligated to return any submission(s) once it is in the possession of HHA. 7.2 ALL ITEMS IN SECTION 7.3 MUST BE DOWNLOADED ON A FLASH DRIVE AS ONE COMLETE ADOBE FILE, AND SUBMITTED WITH THE COMPLETED DOCUMENTS IN A SEALED ENVELOPE 7.2.1 THE CONTENTS AND ACCURACY OF THE FLASH DRIVE SHOULD BE CHECKED BEFORE IT IS SUBMITTED TO HHA. 7.3 One (1) original (clearly marked in a three-ring binder), of the responses may be hand delivered, or mailed to the location specified on page 1. Each section of the response must be separated by a numerically sequential “Tab” (i.e., Tab 1, Tab 2, etc.) and contain the following: 7.3.1 Cover Letter (CL) 7.3.1.1 Acknowledge the receipt, review of this solicitation, and any Amendment(s) issued by HHA. 7.3.1.2 The CL must be on company letterhead, manually signed by authorized official of the company (who can negotiate, and contractually bind your company), along with their title, phone number, and e-mail address. 7.3.2 Company Profile 7.3.2.1 Provide a profile of your company, and identify the services it can provide to HHA. Note: This information will be used by HHA’s Evaluation Committee to assess a score relative to item 1 per Exhibit B Evaluation Criteria. 7.3.3 Experience in selling Golf Carts 7.3.3.1 Indicate your Firm’s experience and capabilities in selling new golf carts to government entities. RFP 23-26 Page 6 of 23 7.3.3.2 Provide at least three (3) business references related to the solicitation contents. Note: This information will be used by HHA’s Evaluation Committee to assess a score relative to item 2 per Exhibit B Evaluation Criteria. 7.3.4 Condition of the Golf Carts 7.3.4.1 Provide exterior and interior photos of the golf carts being offered. 7.3.4.2 Provide a copy of the Monroney Sticker for each golf cart being offered. Note: This information will be used by HHA’s Evaluation Committee to assess a score relative to item 3 per Exhibit B Evaluation Criteria. 7.3.5 Age of the Golf Carts 7.3.5.1 Provide the make, model, year and mileage of all the golf carts being offered. Note: This information will be used by HHA’s Evaluation Committee to assess a score relative to item 4 per Exhibit B Evaluation Criteria. 7.3.6 Fees Schedule 7.3.6.1 Provide the direct purchase price of all golf carts being offered. 7.3.6.1.1 Please note if the direct purchase price is for new golf carts. Note: This information will be used by HHA’s Evaluation Committee to assess a score relative to item 5 per Exhibit B Evaluation Criteria. 7.3.7 Golf Carts Warranty 7.3.7.1 Please provide information regarding the types of Warranties available for each category of new golf cart. Note: This information will be used by HHA’s Evaluation Committee to assess a score relative to item 6 per Exhibit B Evaluation Criteria. 7.3.8 Attachment A Declaration 7.3.9 Attachment B Non-Collusive Affidavit 7.3.10 Attachment C M/WBE Participation Note: This information will be used by HHA’s Evaluation Committee to assess a score relative to item 7 per Exhibit B Evaluation Criteria. 7.3.10 Attachment D Section 3 Requirements & Commitment RFP 23-26 Page 7 of 23 7.3.11 Attachment E Conflict of Interest (CIQ) Form 7.3.12 Attachment F Representations, Certifications and Other Statements Public Housing Programs (Form HUD 5369-A) 7.4 HHA may not evaluate responses that do not comply with the submittal requirements specified herein. Responses received after the specified date and time may be considered non-responsive. END OF SECTION II RFP 23-26 Page 8 of 23 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 have 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 offeror and no relief shall be given for errors or omissions by the offeror. 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. (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 23-26 Page 9 of 23 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 bidder(s) or proposer(s). 14.2 The successful bidder(s) or 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: return the number RFP 23-26 Page 10 of 23 of signed bids required by the bid package; sign the bid, provided that the unsigned bid is accompanied by other documents indicating the bidder’s intent to be 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 16.0 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. 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 RFP 23-26 Page 11 of 23 by a bidder to provide adequate evidence shall result in the original bid remaining unchanged. Consultation with HHA’s Legal Dept. will occur before 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. 20.0 PERMITS 20.1 The successful bidder(s) or 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. 21.0 PROJECT MANAGER 21.1 HHA will 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. Oral instructions, interpretations, or representations will not be binding upon HHA or HHA’s representatives. 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 bidder(s) or proposer(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). 24.0 RESERVATION OF RIGHTS 24.1 Depending upon the circumstance(s), HHA reserve the right to change, modify, or alter any Draft Contract associated with this solicitation. RFP 23-26 Page 12 of 23 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 services. 26.0 STANDARDS OF CONDUCT 26.1 During the period of performance, the employees of the successful bidder(s) or proposer(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 assigned, transferred, or subcontracted (in whole, or in part) 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 incorporated by reference into this solicitation: Attachment A: Declaration Attachment B: Non-Collusive Affidavit Attachment C: M/WBE Participation Forms Attachment D: Section 3 Requirements and Commitment Attachment E: Conflict of Interest (CIQ) Form Attachment F: Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs (Form HUD 5369-A) Attachment G: Instructions to Offerors Non-Construction (Form HUD 5369-B) Attachment H: General Conditions for Non-Construction Contracts Section I (Form HUD 5370-C) RFP 23-26 Page 13 of 23 Exhibit A: Scope of Work (SOW) Exhibit B: Evaluation Criteria Exhibit C: Photos of Golf Carts 31.2 Interested parties are responsible for ensuring they have 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 offeror and no relief shall be given for errors or omissions by the offeror. END OF SECTION III RFP 23-26 Page 14 of 23 ATTACHMENT A 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 MANUAL OR E-SIGNATURE TITLE E-MAIL ADDRESS PHONE NUMBER / FAX NUMBER ADDRESS, CITY, STATE, ZIP SUBMITTAL DATE RFP 23-26 Page 15 of 23 ATTACHMENT B 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 THE HOUSTON HOUSING AUTHORITY 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 _________________ Note: This Form must have a manual signature. RFP 23-26 Page 16 of 23 ATTACHMENT C REQUIREMENTS FOR SUBCONTRACTING WITH SMALL BUSINESSES AND MINORITY BUSINESSES, WO MEN 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, RFP 23-26 Page 17 of 23 • 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 RFP 23-26 Page 18 of 23 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 firm 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. RFP 23-26 Page 19 of 23 • “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. RFP 23-26 Page 20 of 23 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 _________________________________________________ Manual or E-Signature RFP 23-26 Page 21 of 23 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 Printed Name _______________________________ _____________________________________ Date Manual or E-Signature RFP 23-26 Page 22 of 23 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. 1701u (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 Company Name: Name of Contact Person for Section 3 Commitment: Title: Contact Number: Contact Person E-Mail: Solicitation Title: Purchase of Golf Carts Solicitation #: RFP 23-26 https://www.huduser.gov/portal/datasets/il.html RFP 23-26 Page 23 of 23 3) Professional Service contracts requiring advanced degrees or professional licensing (engineers, architects, accountants, consultants, etc.) 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 A Fair Housing and Equal Employment Opportunity Agency. For assistance: Individuals with disabilities may contact the 504/ADA Administrator at 713-280-0353, TTY 713-280-0547 or 504ADA@housingforhouston.com mailto:504ADA@housingforhouston.com Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us FORM CIQ OFFICE USE ONLYThis 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. CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Date Received 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 7 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). Signature of vendor doing business with the governmental entity Date Name of vendor who has a business relationship with local governmental entity.1 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.) 2 3 Name of local government officer about whom the information is being disclosed. Name of Officer 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. 4 6 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 ownership interest of one percent or more. pukmc Underline pukmc Underline pukmc Typewritten Text ATTACHMENT D RFP 23-26 pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text Revised 11/30/2015Form 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 E RFP 23-26 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 pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text pukmc Typewritten Text fivxl Typewritten Text Attachment F RFP 23-26 Section I - Page 1 of 7 form HUD-5370-C (01/2014) General Conditions for Non-Construction Contracts Section I — (With or without Maintenance Work) U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (excl. 11/30/2023) Public Reporting Burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number. Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below: 1) Non-construction contracts (without maintenance) greater than $250,000 - use Section I; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.100) greater than $2,000 but not more than $250,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $250,000 — use Sections I and II. Section I - Clauses for All Non-Construction Contracts greater than $250,000 1. Definitions The following definitions are applicable to this contract: (a) "Authority or Housing Authority (HA)" means the Housing Authority. (b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification. (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract. (d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary. 2. Changes (a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered. (b) If any such change causes an increase or decrease in the hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly. (c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA. 3. Termination for Convenience and Default (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor. (d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. (e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein. 4. Examination and Retention of Contractor's Records (a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. puaxc Typewritten Text Attachment G RFP 23-26 Section I - Page 2 of 7 form HUD-5370-C (01/2014) (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii) litigation or settlement of claims arising from the performance of this contract; or, (iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 5. Rights in Data (Ownership and Proprietary Interest) The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract. 6. Energy Efficiency The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed. 7. Disputes (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section 111, Labor Standards Provisions, including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this clause. (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive. (d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction. (e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA. 8. Contract Termination; Debarment A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part 24. 9. Assignment of Contract The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA. 10. Certificate and Release Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein. 11. Organizational Conflicts of Interest (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's organizational, financial, contractual or other interests are such that: (i) Award of the contract may result in an unfair competitive advantage; or ( ) The Contractor's objectivity in performing the contract work may be impaired. (b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest. 12. Inspection and Acceptance (a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any Section I - Page 3 of 7 form HUD-5370-C (01/2014) "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government "Officer or employee of an agency' includes the following individuals who are employed by an agency: (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment; (ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.; (iii) A special Government employee as defined in section 202, title 18, U.S.C.; and, (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law. "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (i) Section 1352 of title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (v) The prohibition does not apply as follows: product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor. (b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA. (c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 13. Interest of Members of Congress No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 15. Limitation on Payments to Influence Certain Federal Transactions (a) Definitions. As used in this clause: "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal Action" means any of the following Federal actions: (i) The awarding of any Federal contract; (ii) The making of any Federal grant; (iii) The making of any Federal loan; (iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before 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 in connection with any covered Federal action. Section I - Page 4 of 7 form HUD-5370-C (01/2014) (1) Agency and legislative liaison by Own Employees. (a) The prohibition on the use of appropriated funds, in paragraph (i) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federal action. (b) For purposes of paragraph (b)(i)(1)(a) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. (c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action: (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments. (e) Only those activities expressly authorized by subdivision (b)(ii)(1)(a) of this clause are permitted under this clause. (2) Professional and technical services. (a) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply in the case of- (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (i) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (b) For purposes of subdivision (b)(ii)(2)(a) of clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. (c) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (d) Only those services expressly authorized by subdivisions (b)(ii)(2)(a)(i) and (ii) of this section are permitted under this clause. (iii) Selling activities by independent sales representatives. (c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (i) Discussing with an agency (including individual demonstration) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and (ii) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (e) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (f) Cost Allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. Section I - Page 5 of 7 form HUD-5370-C (01/2014) 16. Equal Employment Opportunity During the performance of this contract, the Contractor/Seller agrees as follows: (a)The [contractor/seller] will not discriminate against any emplo yee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. The [contractor/seller] will take affirmative action to ensure that appli cants are employed, and that employees are treated during employm ent, without regard to their race, color, religion, sex, sexual orienta- tion, gender identity, disability, or national origin. Such action shall in dude, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The [contractor/seller] agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (b)The [contractor/seller] will, in all solicitations or advertisement s for employees placed by or on behalf of the [contractor/seller], state that all qualified applicants will receive consideration for employ ment without regard to race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. (c)The [contractor/seller] will not discharge or in any other man- ner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or ano- ther employee or applicant. This provision shall not apply to instance s in which an employee who has access to the compensation inform ation of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other em ployees or applicants to individuals who do not otherwise have acces s to such information, unless such disclosure is in response to a form al complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the emplo yer, or is consistent with the [contractor/seller]'s legal duty to furnish information. (d)The [contractor/seller] will send to each labor union or representat ive of workers with which it has a collective bargaining agreement or oth er contract or understanding, a notice to be provided by the agency contr acting officer, advising the labor union or workers' representative of the [contractor/seller] 's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in cons picuous places available to employees and applicants for employment. (e)The [contractor/seller] will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f)The [contractor/seller] will furnish all information and reports re quired by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g)In the event of the [contractor/seller]'s non-compliance with the nondiscrimination clauses of this contract or with any of such rule s, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in par