Security Guard Service

RFP 24-13 Page 5 of 14 6.0 SELECTION CRITERIA 6.1 Interested parties that submit the required information by the specified due date and time will have their responses evaluated by an HHA Evaluation Committee who will utilize the Evaluation Criteria in Exhibit (B), to evaluate and score the responses. 6.2 HHA reserves the right to make multiple awards(s), reject responses at its discretion, request additional information from proposers, select the successful proposers(s) at its sole discretion, and conduct negotiations to establish a contract that is advantageous and beneficial to HHA. 7.0 SUBMITTALS 7.1 All responses must conform to the requirements specified herein. Non-conforming responses to will be considered non-responsive by HHA and no further consideration to the response will be given. 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 them when they are in the possession of HHA. 7.2 All responses must conform with the following submittal preparation. 7.2.1 Download the entire and completed response documents on a unlocked flash drive. The company’s name or initials should be placed/etched/marked on the flash drive. 7.2.2 Verify the accuracy and the contents of the flash drive and response to the solicitation prior to submitting to HHA. 7.2.3 Both the flash drive and completed response to the solicitation must be submitted in a Sealed Package/Envelope/Box and/or Courier Package to HHA by the specified due date and time. 7.2.4 HHA does not accept digital or faxed submittal of the responses for this solicitation. Submittal may at the respondent’s discretion be hand delivered, mailed, and/or courier delivered by the specified due date and time. 7.3 “HHA” will accept one (1) original version in a three-ring binder of the responses which may be hand delivered, courier delivered or mailed to the location specified on page 1. Each response must be tabbed, numerically sequenced, and contain the following: 7.3.1 Cover Letter (CL) 7.3.1.1 The CL must be on company letterhead, the company’s EIN or TIN, siged by an authorized official of the company with their title, phone number, and e-mail address. 7.3.1.2 The CL should aknowledge the receipt and review of this solicitation, and the any Amendment(s) issued by HHA. RFP 24-13 Page 6 of 14 7.3.1.3 Submit a copy of the company’s W-9 (Request for Taxpayer Identification Number and Certification). 7.3.2 Agency’s History and Capability 7.3.2.1 Provide the EIN and a brief description of your organizational history and the capability to fulfill the requirements as stated herein. 7.3.2.2 Provide a detailed description of your staffing plan(s) to fulfill the requirements listed herein. Note: HHA’s Evaluation Committee will use this information to assign a score per item 1 of Exhibit B Evaluation Criteria. 7.3.3 Demonstrated Relevant Qualifications of the Proposed Staff 7.3.3.1 An organizational chart, and resumes of key personnel who will be associated with performing the SOW described herein. Note: HHA’s Evaluation Committee will use this information to assign a score per item 1 of Exhibit B Evaluation Criteria. 7.3.4 Years of Unarmed Security Service Experience 7.3.4.1 Provide your firms experience in performing the services specified in Exhibit A Scope of Work (SOW). 7.3.5 Ability to Provide Electronic reporting with clarity 7.3.5.1 Succinctly explain how the services specified in Exhibits A Scope of Work (SOW) will be performed, and list the resources that will be used. Note: HHA’s Evaluation Committee will use this information to assign a score per item 2 of Exhibit B Evaluation Criteria. 7.3.6 References 7.3.6.1 Provide five (5) past and current business references for the last two (2) years re related to the work specified in this Exhibit (B): Scope of work (SOW). 7.3.6.2 Provide within each business references, contact information such as the company name, contact person’s name, title, company address, telephone number, and email address. 7.3.6.3 Provide relevant documentation of having the necessary production, construction, technical equipment and facilities, or the ability to obtain them for this solicitation. RFP 24-13 Page 7 of 14 7.3.6.4 If company has been in business for less than five (5) years, the company may provide two (2) business references, with a certified statement indicating the start date of the business and how long from the start date the company has been in business. A statement of good business standing from the provided (2) two business references on your company’s delivery or performance schedule. Note: HHA’s Evaluation Committee will use this information to assign a score per item 3 of Exhibit B Evaluation Criteria. 7.3.6 Fees 7.3.6.1 Complete Exhibit (C) Fee Schedule. 7.3.6.2 On your company’s letterhead labeled “Ancillary Costs”, list (if applicable), any additional fees or reimbursable out-of-pocket expenses which may be required to perform the services in Exhibit (C) Scope of Work (SOW). Note: HHA’s Evaluation Committee will use this information to assign a score per item 4 of Exhibit B Evaluation Criteria. 7.3.7 Attachment A: Declaration 7.3.8 Attachment B: Non-Collusive Affidavit 7.3.9 Attachment C: M/WBE Participation 7.3.9.1 HUD Form: M/WBE Participation 7.3.10 HUD Form: Section 3 Utilization and Commitment 7.3.10.1 HUD Form: Section 3 Requirements and Commitments – As Required Note: HHA’s Evaluation Committee will use this information to assign a score per item 6 of Exhibit B Evaluation Criteria. 7.3.10 Attachment E: Conflict of Interest (CIQ) Form 7.3.11 Attachment F: Representations, Certifications and Other Statements Public Housing Programs (Form HUD 5369-A) 7.3.12 Instructions to Bidder’s for Contracts: Public and Indian Housing Programs (Form HUD 5369) 7.3.13 HUD Form: General Conditions for Non-Construction Contracts (HUD-5370- C1) 7.3.14 Financial Indicators Documentation – Required RFP 24-13 Page 8 of 14 7.3.14.1 Provide the last two (2) years of financial (revenue/income statements and documentation of the company’s operational efficiency. 7.3.14.2 Provide certified or notarized company financial audits for the last two (2) years. Note: HHA’s Evaluation Committee will use this information to assign a score per item 6 of Exhibit B Evaluation Criteria. 7.4 HHA will not evaluate responses that do not comply with the submittal requirements specified herein. Responses received after the specified date and time will be considered non-responsive. END OF SECTION II RFP 24-13 Page 9 of 14 III. GENERAL TERMS AND CONDITIONS 8.0 AMENDMENTS 8.1 Any interpretation(s) affecting this solicitation will be issued in the form of an amendment by HHA prior to the specified due date on page 1. HHA will not be bound by, or responsible for any other explanations or interpretations of this solicitation other than those given in writing as set forth herein. Oral instructions, interpretations, or representations will not be binding upon HHA or representatives of HHA. All amendments shall be binding in the same way as if originally written in this solicitation. 9.0 AVAILABILITY OF RECORDS 9.1 The U. S. Department of Housing and Urban Development, the Inspector General of the United States, the HHA, and any duly authorized representatives of each shall have access to, and the right to examine any and all pertinent books, records, documents, invoices, papers, and the like of the firm(s) office, that relates to any work that is performed as a result of this solicitation. 10.0 BASIS FOR AWARD 10.1 See Section 6.0. 10.2 Interested parties are responsible for ensuring they submit all completed and signed documents referenced and incorporated in this solicitation, and are familiar with the contents of those documents. Failure to do so shall be at the sole risk of the interested party, and no relief shall be given for errors or omissions by the interested party. 10.2.1 Failure to provide all completed and signed documents referenced and incorporated in this solicitation will result in a determination of non-responsive and no further consideration will be given to your bid. 11.0 CANCELLING THE SOLICITATION 11.1 HHA may cancel this solicitation at any time, and when it is in its best interests to do so. HHA is not responsible for any costs associated with the cancellation of this solicitation. 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. RFP 24-13 Page 10 of 14 13.0 ETHICAL BEHAVIOR 13.1 Interested Firms shall not: 13.1.1 Offer any gratuities, favors, or anything of monetary value to any official or employee of HHA for the purpose of influencing consideration of a submission; and, 13.1.2 Engage in any practice which may restrict or eliminate competition (i.e., collusion), or otherwise restrain trade. 13.1.2.1 The above is not intended to preclude joint ventures or subcontracts. 13.2 Ethical violations will cause a response to this solicitation to be rejected. 14.0 FEDERAL REGULATIONS WITH REGARD TO NONDISCRIMINATION AND EQUAL OPPORTUNITY 14.1 The requirements of Title VIII of the Civil Rights Act of 1968 and Title VI of the Civil Rights Act of 1964, relating to prohibitions against discrimination in housing and the benefits of federally funded programs because of race, color, religion, sex or national origin must be met by the successful firm(s). 14.2 The successful bidder(s)/proposer(s) will: 14.2.1 Adhere to federal regulations prohibiting discrimination on the basis of age under the Age Discrimination Act of 1975, and prohibit discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990. 14.2.2 Meet the requirements of: 14.2.2.1 Section 3 of the Housing and Urban Development Act of 1968, relating to the training and employment of individuals, and contracting for business opportunities in metropolitan areas in which federally funded programs are being operated. 14.2.2.2 Executive Orders (EO’s): • EO 11246 relating to equal employment opportunity in connection with federally funded programs • EO’s 11625, 12432, and 12138 relating to the use of minority and women’s business enterprises in connection with federally funded programs RFP 24-13 Page 11 of 14 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 minor mistakes that can be waived or corrected without prejudice to the other proposers/bidders and have little or no effect on the price, quantity, quality, delivery, or contractual conditions. 15.1.2 HHA will accept up to three (3) failure to sign a document(s) that do not require notarization, and no more than three (3) unsigned forms as minor informalities. This number is limited to three (3) minor informalities. Unsigned documents/forms do not include unsigned price or supplemental price sheets and the (BOM). 15.1.4 Failure to provide any of the documents listed in Section 8, will be considered a ‘Non- Responsive Bid’ and no further consideration will be given to the proposal. 16.0 INSURANCE 16.1 HHA will specify the amount of insurance that will be required during the Period of Performance. 17.0 MINORITY WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION 17.1 Refer to HUD Form: M/WBE Participation requirements. 18.0 MISTAKES IN BIDS 18.1 General 18.1.1 While proposers/bidders will be bound by their submittals (the “firm bid rule”), circumstances may arise where correction or withdrawal of their bid or proposal is proper and may be permitted. Correction or withdrawal of a bid or proposal will be done in a manner that will protect and maintain the integrity and fairness of the competitive solicitation process. 18.2 Mistakes Discovered Before Solicitations Are Opened 18.2.1 Interested parties may withdraw or modify their submittals by written or facsimile notice prior to the opening of the solicitations. (Refer to Section 6 of Form G.) 18.3 Review of Mistakes 18.3.1 After the solicitations are opened, HHA will review all submittals to ensure there are no obvious mistakes, e.g., the sum of individual bid line items does not equal the total price. If a submittal appears to have a mistake, HHA will notify the interested of any apparent mistake(s) in his/her submittal, and request verification of the total price as submitted. RFP 24-13 Page 12 of 14 18.4 Mistakes After Solicitations Are Opened 18.4.1 If this solicitation is soliciting bids, then in general, bidders will not be permitted to change a bid after bid opening. In rare cases, HHA may permit the revision of a bid if the bidder is able to present clear and convincing evidence, acceptable to HHA, of a mistake and the intended bid price. Allowing changes to bids without appropriate evidence may compromise the integrity of the public bid process and serve to undermine public confidence in HHA’s bidding process. Therefore, HHA will request as much evidence as it deems necessary. Examples of evidence may include: original work papers, bids from suppliers and subcontractors used to develop the bid, bonding or insurance evidence supporting a different bid price, etc. Failure or refusal by a bidder to provide adequate evidence shall result in the original bid remaining unchanged. Consultation with HHA’s Legal Dept. will occur before authorization is given change a bid. If justified, a low bidder can be replaced with the next lowest bidder. 19.0 PAYMENTS 19.1 HHA will process all invoices after the work has been approved by HHA’s Project Manager. Payment terms are net 30 days. 19.2 Irrespective of any default hereunder, HHA may at any time cancel the contract in whole or in part. Should this occur, the successful bidder/proposer shall be entitled to equitable compensation for all work completed and accepted by HHA’s Project Manager prior to such termination or cancellation. 20.0 PERMITS 20.1 The successful proposer(s) shall obtain and pay (independent of HHA), all permits, certificates, and licenses required and necessary for the performance of the work specified herein. Furthermore, they shall post all notices required by law, and shall comply with all laws, ordinances, and regulations which may affect their performance. 20.2 Interested Parties MUST register at SAM.gov | Home before the opening date and time of the solicitation. 20.3 Provide proof of registration of SAM.gov | Home. Failure to register and provide proof of registration would be consider non-responsive to the requirements of the solicitation. 21.0 PROJECT MANAGER 21.1 HHA may designate a Project Manager during the Period of Performance. 22.0 QUESTIONS 22.1 Interested parties should follow the instructions on page 1 should they have any questions about this solicitation. https://sam.gov/content/home https://sam.gov/content/home RFP 24-13 Page 13 of 14 22.2 Interested parties are prohibited from querying HHA personnel, or members of its Board of Commissioners regarding this solicitation except through written questions submitted in the manner and within the time frame indicated on page 1 of this solicitation. 23.0 REMOVAL OF EMPLOYEES 23.1 HHA may request the successful contractor(s) to remove immediately from the contract/project, any employee found unfit to perform their duties due to one or more of the following reasons, which includes, but is not limited to: 23.1.1 Negligence, being disorderly, using abusive or offensive language, quarreling or fighting, stealing, vandalizing property; and, 23.1.2 Engaging in immoral or inappropriate behavior (e.g., being intoxicated, or under the influence of mind-altering substances), or pursuing criminal activity (e.g., selling, consuming, possessing or being under the influence of illegal substances). 24.0 RESERVATION OF RIGHTS 24.1 Depending upon the circumstance(s), HHA reserves the right to change, modify, or alter any Draft Contract associated with the solicitation. 25.0 RULES, REGULATIONS AND LICENSING REQUIREMENTS 25.1 The Offeror and staff must possess all necessary required license(s) to do business in Houston/Harris County and the State of Texas. Additionally, the Offeror, shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein. Offerors are presumed to be familiar with all federal, state, and local laws, ordinances, codes, rules, and regulations that may in any way affect the service. 26.0 STANDARDS OF CONDUCT 26.1 During the period of performance, the employees of the successful contractor(s) shall conduct themselves in a responsible and professional manner, and may be removed from the project if they display behavior that is unacceptable to HHA. 27.0 SUBCONTRACTING 27.1 Any contract issued as a result of this solicitation will not be subcontracted to third parties unless it has been previously approved by HHA in writing. 28.0 TAXES 28.1 HHA is exempt from State of Texas, and Local Taxes. 29.0 TRAVEL AND REIMBURSEMENTS 29.1 Any prices/fees mutually agreed upon shall include all necessary out-of-pocket expenses needed to perform the work specified herein. HHA will not issue any reimbursements for travel, lodging, meals, or other miscellaneous or ancillary expenses, unless it is defined in the final contract. RFP 24-13 Page 14 of 14 30.0 VALIDITY OF RESPONSES 30.1 Responses will not be unilaterally withdrawn or modified for a period of ninety (90) days after they have been received and opened by HHA. 31.0 SUPPLEMENTS 31.1 The following documents are considered part of this solicitation and must be included, completed and signed where applicable: Attachment A: Declaration Attachment B: Non-Collusive Affidavit Attachment D: Section 3 Requirements and Commitment Attachment E: Conflict of Interest (CIQ) Form Attachment F: Representations, Certifications and Other Statements Public Housing Programs (Form HUD 5369-A) Attachment G: Instructions to Offerors Non-Construction (Form HUD 53-69-B) Attachment H: General Conditions for Non-Construction Contracts (Form HUD 5370-C Section I Exhibit A: Scope of Work (SOW) Exhibit B: Evaluation Criteria Exhibit C: Fee Schedule END OF SECTION III Attachment C M/WBE Participation DECLARATION The undersigned declares the following: • This response is being submitted in good faith, and without collusion or fraud • The only person(s) interested in the aforementioned solicitation is listed below, and that this response is being submitted without connection or arrangement with any other person • They have complied with the requirements of the aforementioned solicitation, have read all addenda (if any), and is satisfied that they fully understand the intent of the aforementioned solicitation, and the terms and conditions that will govern any award issued by HHA as a result of this solicitation • They agree to execute an agreement with HHA based on the latter accepting the submittals required by the aforementioned solicitation Persons Interested in this Response: Name Identity of Interest 1. 2. 3. NAME OF CONTRACTOR/OFFEROR/FIRM/INDIVIDUAL/CORPORATION MAUNAL OR E-SIGNATURE TITLE E-MAIL ADDRESS PHONE NUMBER / FAX NUMBER ADDRESS, CITY, STATE, ZIP SUBMITTAL DATE 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 _________________ Page 1 of 6 REQUIREMENTS FOR SUBCONTRACTING WITH SMALL BUSINESSES AND MINORITY BUSINESSES, WOMEN BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. I. INSTRUCTIONS. Any Prime Contractor awarded a contract pursuant to this procurement must agree to comply with the subcontracting requirements set forth below. Please note that the capitalized terms used in this document are defined below in § VII. (1) Please read this document carefully; (2) sign the acknowledgement; and (3) complete and sign the attached “Bidder’s Proposed M/WBE Participation Form.” II. OVERVIEW. Any contract resulting from this procurement must comply with: (1) the requirements in HHA’s Procurement Policy (the “Policy”) and the Code of Federal Regulations (the “Code”) regarding Subcontracting with small and minority owned businesses, women business enterprises, and labor surplus area firms (the “Policy Requirements”); and (2) HHA’s goal regarding Subcontracting with minority business enterprises and women business enterprises (the “HHA’s Goal”). Any person or firm that receives an award pursuant to this procurement must take affirmative steps to comply with the Policy Requirements and must use their best efforts to meet HHA’s Goal. The Policy Requirements and HHA’s Goal are described in detail below. III. THE POLICY REQUIREMENTS. Pursuant to the Policy, at § 15, and the Code, at 2 CFR § 200.321, if a Prime Contractor awarded a contract pursuant to this procurement lets Subcontracts, then the Prime Contractor must take affirmative steps to assure that, when possible, Subcontracts are let to Small Business Enterprises (“SBEs”), Minority Businesses Enterprises (“MBEs”), Women Business Enterprises (“WBEs”), and Labor Area Surplus Firms (“LASFs”). The affirmative steps a Prime Contractor who lets Subcontracts must take are: • Placing SBEs, MBEs, and WBEs, on solicitation lists; • Assuring that SBEs, MBEs, and WBEs, are directly solicited for bids or proposals whenever such entities are potential sources to perform Subcontracts; • Dividing total job requirements, whenever economically feasible, into smaller tasks or quantifies to permit maximum participation by SBEs, MBEs, and WBEs, in a given project; • Establishing delivery schedules, when the requirement permits, that encourage participation by SBEs, MBEs, and WBEs; • Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce; and, • Including in Subcontracts, to the greatest extent feasible, a clause that requires Subcontractors to provide opportunities for training and employment for lower income persons who reside in the project area. The affirmative steps listed above shall remain in effect for the duration of the Prime Contract awarded pursuant to this procurement. HHA encourages Prime Contractors to implement these steps when acquiring the materials they need to perform their obligations under the Prime Contract. IV. HHA’S GOAL. A. Overview of HHA’s Goal and related requirements. In addition to taking the affirmative steps outlined above in § III, a Prime Contractor who anticipates using Subcontracts to complete any work associated with this procurement must use its best efforts to satisfy HHA’s Goal regarding the participation of MBEs and WBEs in work under contracts awarded by HHA. HHA’s Goal, as adopted by its Board of Commissioners, is that when Subcontracts are being let, at least 30% of the Prime Contract’s total dollar amount is subcontracted to MBEs or WBEs, with at least 15% of the Prime Contract’s total dollar amount being subcontracted to MBEs, and at least 15% being subcontracted to WBEs. In furtherance of HHA’s Goal, a Prime Contractor awarded a contract under this procurement who intends to let Subcontracts must use its best efforts to Subcontract with MBEs and WBEs. Specifically, a Prime Contractor letting Subcontracts must use its best efforts (1) to Subcontract at least 15% of the Prime Contract’s total dollar amount to MBEs, and (2) to Subcontract at least 15% of the Prime Contract’s total dollar amount to WBEs. A Prime Contractor’s obligation to use its best efforts to subcontract with MBEs and WBEs in accordance with HHA’s Goal shall remain in effect for the duration of the Prime Contract, shall apply in any instance that the Prime Contractor lets Subcontracts, and shall apply equally to all Prime Contractors letting Subcontracts, regardless of whether the Prime Contractor is itself a MBE or WBE. • A Prime Contractor must document its use of best efforts to meet HHA’s Goal. Generally, written evidence of a Prime Contractor’s attempts to Subcontract with MBEs and WBEs shall suffice to document a Prime Contractor’s best efforts. Written evidence may include, but is not necessarily limited to, emails, phone logs, or correspondence showing that a Prime Contractor attempted to Subcontract with MBEs and WBEs by, at a minimum, soliciting bids or quotes. Contractors may access a list of designated MBEs and WBEs at http://www.window.state.tx.us/procurement/cmbl/cmblhub.html. In addition, upon request, HHA may assist contractors in identifying MBEs and WBEs (but, requesting such assistance, standing alone, is not sufficient to show best efforts). • A Prime Contractor’s duty to document its best efforts to meet HHA’s Goal shall remain in effect for the duration of the Prime Contract and shall apply to all Prime Contractors awarded a contract pursuant to this procurement. HHA encourages Prime Contractors to use their best efforts to procure from MBEs and WBEs the materials necessary for the Prime Contractor to perform its obligations under the Prime Contract. http://www.window.state.tx.us/procurement/cmbl/cmblhub.html V. CONTRACTOR’S AGREEMENT TO COMPLETE REQUIRED FORMS AND TO COOPERATE WITH HHA REGARDING THE POLICY REQUIREMENTS AND HHA’S GOAL. All respondents to this procurement who anticipate letting subcontracts must complete and return the attached “Bidders Proposed M/WBE Participation Form” (the “Form”). Respondents should include the Form in their response to this procurement; in addition, information documenting the respondent’s use of best efforts to subcontract with MBEs and WBEs should accompany the Form. If it does not anticipate letting subcontracts, a respondent must, along with its response, inform HHA of same, and provide a brief explanation of why no subcontracts will be let. HHA will consider as non-responsive any response that fails to include a completed Form; HHA will, however, allow respondents an opportunity to cure a failure to include the Form with a response. In addition to completing and submitting the Form to HHA, any entity awarded a contract by HHA pursuant to this procurement must provide “M/WBE Confirmation of Payment Form(s),” as necessary or as requested by HHA. Prime Contractor must also to submit proof of payments to SBEs, MBEs, WBEs, and LASFs, as requested by HHA, or as otherwise is required by law. VI. CONSEQUENCES FOR FAILING TO TAKE THE AFFIRMATIVE STEPS MANDATED BY THE POLICY REQUIREMENTS OR USING BEST EFFORTS TO MEET HHA’S GOALS. If a Prime Contractor letting subcontracts does not take the affirmative steps mandated by the Policy Requirements, use its best efforts to meet HHA’s Goal, or cooperate with HHA with respect to the requirements set forth herein, HHA reserves the right to refuse to award a contract to the Prime Contractor, to deem the Prime Contractor’s response to a solicitation non-responsive, to terminate an existing contract with the Prime Contractor, and to bar the Prime Contractor from being awarded any future contracts by HHA. VII. DEFINITIONS. • “Code” means the Code of Federal Regulations. • “Form” means the “Bidders Proposed M/WBE Participation Form” included with this procurement. • “HHA” means the Houston Housing Authority, and, for the purposes of the requirements set forth herein, HHA’s affiliates and any property management company procuring work or services for the benefit of a property owned by HHA or its affiliates. • LASFs” refers to Labor Area Surplus Firms. Labor Area Surplus Firms are businesses that will expend more than fifty percent of the cost of performing a contract in areas of concentrated unemployment or underemployment, as defined by the Department of Labor and promulgated at 20 CFR Part 654. • “MBE(s)” refers to minority business enterprises. Minority business enterprises are businesses that are at least fifty-one percent owned by one or more minority group members, or, in the case of a publically owned business, a business where at least fifty-one percent of the business’s voting stock is owned by one or more minority group members and whose management and daily operations are controlled by one or more such individuals. Minority group members include, but are not necessarily limited to: (a) Black Americans; (b) Hispanic Americans; (c) Native Americans; (d) Asian-Pacific Americans; (e) Asian- Indian Americans; and (f) Hasidic Jewish Americans. • “Policy” means the Houston Housing Authority’s Procurement Policy. • “Policy Requirements” shall have the meaning set forth in § II above. • “Prime Contract(s)” means the contract awarded pursuant to this procurement that is between a respondent to the solicitation and HHA. For all purposes herein, the term is inclusive of all change orders or amendments to the initial contractor entered between the Prime Contractor and HHA. • “Prime Contractor(s)” means the person or entity who responds to this procurement and is awarded a contract by HHA. • “SBEs” refers to small business enterprises. Small business enterprises are businesses that are independently owned, not dominant in their field of operation, and not an affiliate or subsidiary of a business that is dominant in its field of operation. • “Subcontract(s)” means the contract between the Prime Contractor and a Subcontractor entered to accomplish all or a part of the Prime Contractor’s obligations under its contract with HHA that results from this procurement. • “Subcontractor(s)” means a person or entity who the Prime Contractor contracts with to perform a part or all of the Prime Contractor’s obligations under the Prime Contractor’s contract with HHA that results from this procurement. • “WBEs” refers to women business enterprises. Women business enterprises are businesses that are at least fifty-one percent owned by a woman who is a United States citizen, or by women who are United States citizens and who control and operate the business. VIII. ACKNOWLEDGEMENT. The undersigned has read the foregoing “Requirements for Subcontracting with Small Businesses, Minority Businesses, Women Business Enterprises, and Labor Area Surplus Firm,” and understands and accepts the requirements and obligations set forth therein. When Subcontracting any portion of the work associated with this procurement, the undersigned agrees to take the affirmative steps stated in § III above, and agrees to use its best efforts to meet HHA’s Goal, as stated in § IV above. The undersigned understands and acknowledges that failure to comply the requirements set forth herein may result in HHA refusing to award a contract to the undersigned or the termination of an existing contract. _________________________________________________ Name of Firm _________________________________________________ Complete Address _________________________________________________ Name of Individual Completing this Form _________________________________________________ Title _________________________________________________ Direct Phone Number / Cell Phone Number _________________________________________________ Direct Fax Number _________________________________________________ E-Mail Address _________________________________________________ Date ___________________________________________ Signature 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 the above information on the front page. M B E s Name of MBE Subcontractor Certification(s) Amount of Subcontract Percent of Contract Total Total Note: Attach additional sheets if necessary. W B E s Name of MBE Subcontractor Certification(s) Amount of Subcontract Percent of Contract Total Total Note: Attach additional sheets if necessary. _______________________________ Name of Firm _______________________________ Date _____________________________________ Printed Name ____________________________________ Signature SECTION 3 BIDDER’S REQUIREMENTS & COMMITMENT I. Background - Section 3 of the Housing & Urban Development Act of 1968, as amended, 12 U.S.C. 1701 hereinafter “Section 3”) requires the Houston Housing Authority (“HHA”), to the greatest extent feasible, to provide employment and contracting opportunities to low to very low-income individuals, within the City of Houston. These opportunities are created by contracts funded, directly or indirectly, by “HHA”. II. Benchmarks & Goals – Success of Section 3 activities will be measured by the achievement of the following benchmarks, annually: 1) Data demonstrating at least 20% of the total number of labor hours worked by all workers (employed by an employer) were worked by Section 3 Workers that are defined as Low Income Individuals or Youth Build per https://www.huduser.gov/portal/datasets/il.html. , OR 2) Data demonstrating at least 5% of the total number of labor hours worked by all workers (employed by an employer) were worked by Targeted Section 3 Workers (Public Housing residents, Section 8 participants & Youth Build). III. Solicitation Requirements - Interested parties responding to a HHA solicitation are required to include in their submission, this form (Section 3 Requirements & Commitment), which describes efforts that will be taken to engage Section 3 Participants.” IV. Acceptable Section 3 Activities – Viable Section 3 opportunities are: 1. Hire Section 3 Workers to fill a minimum of 20% of the labor hours needed to honor contractual duties with HHA. (Note: Section 3 Workers can be existing/new personnel who are deemed as low to very low- income individuals, in accordance to HUD’s guidelines). 2. Provide paid on-the-job training (apprenticeship) for Section 3 Workers to enhance job skills in core duties/services related to a bidder’s contractual duties with HHA. 3. Offer subcontracting opportunities preferably to Section 3 Business Concern or other disadvantaged businesses to fulfill contractual duties with the HHA 4. Bidder self-certify they meet at least one criterion to be a Section 3 Business Concerns; when responding to a HHA solicitation: a) At least 51% is owned and controlled by low- or very-low-income person; OR b) Business has at least 75% of its’ labor hours performed (over the most recent 3-month period) by Section 3 Workers; OR c) At least 51% is owned and controlled by a Public Housing/Section 8 Participant. V. Exemption from Section 3 Activities - Bidders submitting solicitations for any of the following goods and/or services are exempt from fulfilling any Section 3 commitments: 1) Contracts for “material only” and do not require the hiring of new or expanded labor (office/janitorial supply contracts, etc). 2) Contracts for Section 8 Project-based Vouchers and Project-based Rental Assistance 3) Professional Service contracts requiring advanced degrees or professional licensing (engineers, architects, accountants, consultants, etc.) Company Name: Name of Contact Person for Section 3 Commitment: Title: Contact Number: Contact Person E-Mail: Solicitation Title: Solicitation #: https://www.huduser.gov/portal/datasets/il.html VI. Section 3 Commitment - Bidders shall identify what efforts will be taken during contractual terms to comply with HHA’s Section 3 Requirements to the greatest extent feasible. All bidders are required to select at least one (1) of the following options: OPTIONS QUANTIFIABLE COMMITTMENT � OPTION 1 - Exempt Bidder is exempt due any one of the following options: o Contracts for “material only” and do not require the hiring of new or expanded labor (office/janitorial supply contracts, etc). o Contracts for Section 8 Project-based Vouchers and Project-based Rental Assistance o Professional Service contracts requiring advanced degrees or professional licensing (engineers, architects, accountants, consultants, etc.) � OPTION 2 - Jobs Title:_______________________________________ # of Positions:_________________ Pay_________ Work Hours____________________ Location_____________________ Skills to be Acquired :______________________________________________________ Qualifications:____________________________________________________________ � OPTION 3 – Paid Training or Apprenticeship Title:_______________________________________ # of Positions:_________________ Pay_________ Work Hours____________________ Location_____________________ Skills to be Acquired :______________________________________________________ Qualifications:_____________________________________________________________ � OPTION 4 – Sub- Contracting with Section 3 Business Concerns Company Name__________________________________________________________ Contract Amount $______________________ % of Contract:______________________ Summary of Duties: ________________________________________________________ � OPTION 5 -Existing Section 3 Business Concern Bidder self-certifies they meet at least one of the following criteria to be recognized as a Section 3 Business Concern: o At least 51% is owned and controlled by low- or very-low income person; o Over 75% of the labor hours performed for the business (over a 3-month period) are performed by Section 3 Workers; o At least 51% of the business is owned and controlled by current Public Housing resident or Section 8 Assisted participant. ____________________________________ _____________________________________ Name of Firm Printed Name of Authorized Individual __________________________________ _____________________________________ Date Manual/E-signature of Authorized Individual SECTION 3 COMPLIANCE REPORT Submission Date: Reporting Period: _______Primary Contractor ____Subcontractor Company Name: Person completing invoice Project Name: RFP /IFB/QBS#: Amount of Contract Amount of Current Invoice: # participants hired Training Commitment # Trained this Report Period YTD Trained during Contract List Individuals Employed Name Training Title Stipend Amount Paid # of participants engaged in training/ apprenticeship Contribution Commitment Amount Pledged Amount Paid Pledge Balance Amount contributed to Self-Sufficiency Fund $ $ $ Section 3 Business Concerns Company Name Contract Amount Provided Indicate how at least 25% was subcontracted to Section 3 business(es) $ $ $ ____________________________________________ ____________________________________________ Print Name of Person Completing Report Title ____________________________________________ ____________________________________________ Signature of Person Completing Report Date