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Request for Proposals RFP No. 20200729 Website Redesign/Maintenance Services

20200729 Website RedesignJul 29, 2020  · RFP No. 20200729, Website Redesign/Maintenance Services 2.2.8 The website shall have the capability to accept online housing applications,

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Page 1: 20200729 Website RedesignJul 29, 2020  · RFP No. 20200729, Website Redesign/Maintenance Services 2.2.8 The website shall have the capability to accept online housing applications,

Request for Proposals RFP No. 20200729

Website Redesign/Maintenance Services

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Table of Contents [Table No.1]

Section Description Page Introduction and General Background Information 2 RFP Information at a Glance 3

1.0 The DRHA's Reservation of Rights 3 2.0 Scope of WorklTechnical Specifications 4 3.0 Proposal Format 8 4.0 Proposal Evaluation 21 5.0 Contract Award 25

Index of Tables 31

Introduction and General Background Information

The Danville Redevelopment and Housing Authority DRHA is a public entity that was formed to provide federally subsidized housing and housing assistance to low-income families, within the City of Danville, Pittsylvania County, City of Martinsville, and Henry County. The DRHA is headed by a Chief Executive Officer (CEO) and is governed by a seven person Board of Commissioners. The DRHA is subject to the requirements of Title 24 of the Code of Federal Regulations hereinafter, (CFR), the Department of Housing and Urban Development (HUD), Commonwealth of Virginia Title 36 Code, The DRHA's procurement policy and various other rules, regulations and guidelines.

The DRHA currently owns and/or manages: (a) Five multi-family apartment complexes totaling 528 units; (b) Twenty-six single-family homes throughout the City of Danville; and (c) administrates a total of 1,445 Section 8 Housing Choice Vouchers. The DRHA currently has approximately thirty-eight employees.

The Danville Redevelopment and Housing Authority (DRHA) is seeking soliciting proposals from qualified, licensed, and insured entities to provide the above noted services to the HA. All proposals submitted in response to this solicitation must conform to all the requirements and specifications outlined within this document and any deSignated attachments in its entirety.

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RFP INFORMATION AT A GLANCE [Table No.2

DRHA Contact person: Ms. Starr Miner, Director of Purchasing 135 Jones Crossing Danville, VA 24541 Phone: 434.792.5544 email: [email protected]

How to obtain the RFP documents 1. Access ha.economicengine.com (no "WWW"). on the eProcurement Marketplace 2. Click on the "Login" button in the upper left side.

3. Follow the listed directions. 4. If you have any problems in accessing or

registering on the eProcurement Marketplace, please call customer support at (866)526-9266.

Preproposal Conference None scheduled

Question submittal deadline Monday, August 20,2020,5:00 PM

How to fully respond to this RFP 1. As instructed within Section 3.0 of the RFP by submitting a Proposal Submittal document, submit four (4) copies of your "hard

copy" proposal to the DRHA Administrative Office. Proposal submittal return and August 31, 2020, 5:00 PM deadline DRHA, 135 Jones Crossing, Danville, VA 24541 the

"hard copy" documentation must be received no later than 5:00 PM on this date.

1.0 THE DRHA'S RESERVATION OF RIGHTS The DRHA reserves the right to:

1.1 Right to Reject, Waive, or Terminate the RFP Reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP process at any time, if deemed by the DRHA to be in its best interests.

1.2 Right to Not Award Not to award a contract pursuant to this RFP.

1.3 Right to Terminate Terminate a contract awarded pursuant to this RFP, at any time for its convenience upon 10 days written notice to the successful proposer(s).

1.4 Right to Determine Time and Location Determine the days, hours, and locations that the successful proposer(s) shall provide the services called for in this RFP.

1.5 Right to Retain Proposals Retain all proposals submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving proposals without the written consent of the DRHA Chief Executive Officer (CEO).

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1.6 Right to Negotiate Negotiate the fees proposed by the proposer entity.

1.7 Right to Reject any Proposal Reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services.

1.8 No Obligation to Compensate Have no obligation to compensate any proposer for any costs incurred in responding to this RFP.

1.9 Right to Prohibit At any time during the RFP or contract process to prohibit any further participation by a proposer or reject any proposal submitted that does not conform to any of the requirements detailed herein. By accessing the ha.economicengine.com eProcurement Marketplace (hereinafter, the "eProcurement Marketplace") and/or www.drhava.com and by downloading this document, each prospective proposer is thereby agreeing to abide by all terms and conditions listed within this document and within the eProcurement Marketplace, and further agrees that he/she will inform the DRHA in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the DRHA that he/she feels needs to be addressed. Failure to abide by this timeframe shall relieve the DRHA, but not the prospective proposer, of any responsibility pertaining to such issue.

1.10 Right to Reject - Obtaining Competitive Solicitation Documents The eProcurement Marketplace and/or www.drhava.com are the only official and appropriate venue to obtain the competitive solicitation documents (and any other information pertaining to the competitive solicitation such as addenda). Accordingly, by submitting a response to this competitive solicitation the respondent thereby affirms that he/she obtained all information on the eProcurement Marketplace and/or www.drhava.com. Any other group such as a proposal depository that informs potential respondents of the availability of such competitive solicitations are hereby instructed to not distribute these documents to any such potential respondents, but to instruct the potential respondents to visit the eProcurement Marketplace and/or www.drhava.com to obtain the documents. The DRHA will reject without consideration any response submitted from a firm that has not obtained the documents from the eProcurement Marketplace and/or www.drhava.com

2.0 SCOPE OF WORKITECHNICAL SPECIFICATIONS. The DRHA is seeking proposals from qualified and licensed entities to provide the DRHA with the following detailed services:

2.1 General Requirements The successful proposer (hereinafter, also the "Vendor") shall redesign the DRHA's website to make the website more visually appealing and accessible. The DRHA must review and approve all revisions to the site prior to the revisions going "live" (it is the DRHA's

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assumption that the Vendor will be able to make revisions in a "development mode" that the DRHA can, working with the Vendor, first view and approve).

2.1.1 Begin Work Timely As the DRHA is anxious to "fix" its website, the successful proposer shall, once awarded, have the ability to start work immediately (e.g. "hit the ground running").

2.1.2 Potential Sub-contractors If the successful proposer does not have in-house qualified persons to provide all the services required by the DRHA, the successful proposer may subcontract portions of the work. However, the Vendor shall remain the Prime Vendor and shall be fully responsible for all work provided. Further, the DRHA anticipates that it will assign higher points (per the following Table No.6) to firms that have such capabilities in-house.

2.2 Specific Website Requirements

2.2.1 The website shall also be empowered with interactive features like an online bulletin board, complaint center and a chat forum, whereby people can use this forum to interact with the DRHA at fixed times from home/office/Workspace; saving time for DRHA staff and the public.

2.2.2 The website must accommodate brief audio and video streamed messages (typically, 1 :30 minutes or less).

2.2.3 The website will need to include downloadable forms and documents provided by the DRHA.

2.2.4 The website must utilize a dynamic backend engine providing information, departmental structure, circulars, forms, notices, etc. General information about the DRHA shall be highlighted on the main page of the website with links to detailed pages of relevant information on the site.

2.2.5 The successful proposer will develop copy, editing, and writing of content for the website with input from the DRHA.

2.2.6 The successful proposer shall develop pages to host archives of important content such as news mentions, vendor solicitations, DRHA press releases, newsletters and pertinent documents will be listed and catalogued on the website for downloading by users.

2.2.7 The website shall be accessible in search engine spiders and be coded with good on-page search engine optimization in a user­friendly interface.

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2.2.8 The website shall have the capability to accept online housing applications, maintenance requests, and rental payments by tenants.

2.3 Ongoing Website Hosting/Management Services

2.3.1 The current DRHA website address is www.drhava.com. We are not "married" to this name, so as a part of the work plan submitted; the DRHA will consider a name change if the proposer feels such would be in the best interests of the DRHA.

2.3.2 The DRHA will also consider a new host of our site. The proposer may also propose a new host of our site as part of its proposal submittal.

2.3.3 The DRHA will allow the Vendor passwords and access to the DRHA's website, server, or any other directories or programs or sites which need to be accessed for maintenance and control.

2.3.4 The scope of work may include the following tasks, including text changes, picture, and graphic changes, adding necessary script of website applications as follows:

2.3.4.1 Photollmage updates, including adding, editing, and sizing of any and all pictures added to the website;

2.3.4.2 Text updates, adding, editing, and/or removing, as necessary, any text or copy on the site including any articles, reports, contract information and product or service description; sizing of any and all pictures added to the website;

2.3.4.3 Script installation, adding editing, removing, and installing any needed scripts, programs, and links.

2.3.4.4 Backup website and save at least once a month.

2.4 Website General Content The following is intended to be a sample of the type of information that may be included in DRHA website and shall not be considered to include all possible content (meaning, the term "including, but not limited to" applies hereto):

2.4.1 Who is the DRHA of the City of Danville and what does the DRHA do?

2.4.2 Contract Information.

2.4.3 Client eligibility requirements.

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2.4.4 Downloadable and/or electronic forms.

2.4.5 Maintenance request procedure and how to contact the DRHA.

2.4.5.1 On-line submittal of non-emergency maintenance requests.

2.4.5.2 Schedule of maintenance fees.

2.4.5.3 What constitutes an "after-hours" emergency?

2.4.5.4 When to call 911.

2.4.6 Required public notices.

2.4.7 Procurement activities.

2.4.8 Calendar of events.

2.4.9 Newsletters and brochures.

2.4.10 Programs administered.

2.4.11 Employee information center including: office closures, internal event calendar, etc.

2.5 Proposer's Responsibility as to the Specifications issued Our DRHA has published the specifications within this Section 2.0 based on staff's perhaps limited knowledge of the issue and services. If, in the opinion of a proposer, the DRHA has failed to list any requirements herein that the proposer believes, based on the proposer's experience, are in the best interests of the DRHA, it is the responsibility of that proposer to deliver such information to our DRHA prior to the posted question deadline for the DRHA's consideration. The DRHA will not, after the submittal deadline, consider inclusion of such specifications within the ensuing contract or the services proposed (basically, the DRHA cannot after the submittal deadline make any major revisions to the specifications issued­doing so prior to the submittal deadline is the appropriate method to do so).

2.6 "Competitive Range" or "Best & Finals" Process The DRHA anticipates that it will conduct the "Best and Finals" process detailed within the following Section 4.2.5 herein, during which proposers deemed to be in the "Competitive Range" will be required to make a presentation to the evaluation committee.

2.6 Previous/Current Vendor(s) The DRHA's does not currently have a firm under a full-service contract for these services.

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3.0 PROPOSAL FORMAT

3.1 Tabbed Proposal Submittal The DRHA intends to retain the Vendor pursuant to a "Best Value" basis, not a "Low Bid" basis ("Best Value," in that the DRHA will, as detailed within the following Section 4.0 herein, consider factors other than just cost in making the award decision). Therefore, so that the DRHA can properly evaluate the offers received, all proposals submitted in response to this RFP must be formatted in accordance with the sequence noted within the table below. Each category must be separated by numbered index dividers (which number extends so that each tab can be located without opening the proposal) and labeled with the corresponding tab reference also noted below. None of the proposed services may conflict with any requirement the DRHA has published herein or has issued by addendum.

[Table No.3] RFP Tab Section No. Description 3.1.1 1 Form of Proposal This Form is attached hereto as

Attachment A to this RFP document. This 1-page Form must be fully completed, executed where provided thereon and submitted under this tab as a part of the proposal submittal.

3.1.2 2 form HUO-5369-C (8/93), Certifications and Representations of Offerors, Non-Construction Contract This Form is attached hereto as Attachment B to this RFP document. This 2-page Form must be fully completed, executed where provided thereon and submitted under this tab as a part of the proposal submittal.

3.1.3 3 Profile of Firm Form The Profile of Firm Form is attached hereto as Attachment C to this RFP document. This 2-page Form must be fully completed, executed and submitted under this tab as a part of the proposal submittal.

3.1.4 4 Proposed Services The proposer shall place under this tab documentation further explaining the proposer's services and showing how the proposer intends to fulfill the requirements of the preceding Section 2.0 herein, including, but not limited to:

3.1.4.1 As detailed within Section 4.1, Evaluation Factor No.2, herein, the proposer's DEMONSTRATED UNDERSTANDING of the DRHA'S REQUIREMENTS.

3.1.4.2 As detailed within Section 4.1, Evaluation Factor No.3, herein, the QUALITY of the TECHNICAL APPROACH and the SERVICES PROPOSED.

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I RFP No. 20200729, Website Redesign/Maintenance Services II 3.1.4.3 As detailed within Section 4.1, Evaluation Factor No.4,

herein, the proposer's TECHNICAL CAPABILITIES (in terms of personnel) and the MANAGEMENT PLAN (including the ability to provide the services detailed herein).

3.1.4.4 As detailed within Section 4.1, Evaluation Factor No.5, herein, the proposer's DEMONSTRATED RELEVANT EXPERIENCE in performing similar work and SUCCESSFUL PAST PERFORMANCE (including meeting costs, schedules, and performance requirements) of contract work substantially similar to that required by this solicitation as verified by reference checks or other means.

3.1.4.5 If appropriate, how staff are retained, screened, trained, and monitored.

3.1.4.6 The proposed quality assurance program. 3.1.4.7 An explanation and copies of forms that will be used and

reports that will be submitted and the method of such reports (Le. written; fax; internet; etc.).

3.1.4.8 A complete description of the products and services the firm provides.

3.1.5 5 Managerial Capacity/Financial Viability/Staffing Plan The proposer entity must submit under this tab a concise description of its managerial and financial capacity to deliver the proposed services, including brief professional resumes for the persons identified within areas (5) and (6) of Attachment C, Profile of Firm Form. Such information shall include the proposer's qualifications to provide the services; a description of the background and current organization of the firm (including a current organizational chart).

3.1.6 6 Client Information The proposer shall submit a listing of former or current clients, including Public Housing DRHA, for whom the proposer has performed similar or like services to those being proposed herein. The listing shall, at a minimum, include:

3.1.6.1 The client's name; 3.1.6~2 The client's contact name; 3.1.6.3 The client's telephone number and e-mail address; 3.1.6.4 A brief narrative description and scope of the service(s)

and the dates the services were/are provided.

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3.1.7

3.1.8

3.1.9

3.1.10

3.1.11

3.1.12

7 Equal Employment Opportunity/Supplier Diversity The proposer must submit under this tab a copy of its Equal Opportunity Employment Policy and a complete description ·of the positive steps it will take to ensure compliance, to the greatest extent feasible, with the regulations detailed within the following Section 3.6 herein pertaining to supplier diversity (e.g. small, minority-, and women-owned businesses).

8 Sub-contractor/Joint Venture Information (Optional Item) The proposer shall identify hereunder whether or not he/she intends to use any sub-contractor for this job, if awarded, and/or if the proposal is a joint venture with another firm. Please remember that all information required from the proposer under the proceeding tabs must also be included for any major sub-contractor (10% or more) or from any joint venture.

9 Section 3 Business Preference Documentation (Optional Item) For any proposer claiming a Section 3 Business Preference, he/she shall under this tab include the fully completed and executed Section 3 Business Preference Certification Form attached hereto as Attachment D and any documentation required by that form.

10 Other Information (Optional Item) The proposer may include hereunder any other general information that the proposer believes is appropriate to assist the DRHA in its evaluation.

Optional Tabs If no information is to be placed under any of the above noted tabs (especially the "Optional" tabs), please place there under a statement such as "NO INFORMATION IS BEING PLACED UNDER THIS TAB" or "THIS TAB LEFT INTENTIONALLY BLANK." DO NOT eliminate any of the tabs. Proposal Submittal Binding Method It is preferable and recommended that the proposer bind the proposal submittals in such a manner that the DRHA can, if needed, remove the binding (i.e. "spiral-type" etc.) or remove the pages from the cover (i.e. 3-ring binder; etc.) to make copies, then conveniently return the proposal submittal to its original condition.

3.2 Proposed Fees

3.2.1 The proposed fees shall be submitted in a separate sealed envelope within the RFP response package. Any respondent that does not comply may be rejected without further consideration,

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3.2.2 Pricing Items Unless otherwise stated herein, the proposed fees are all-inclusive of all related costs that the successful proposer will incur to provide the noted services, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; long distance telephone calls; travel; and document copying not specifically agreed to by the DRHA; etc.

[Table No.4

RFP Pricing Section Item No. Qty U/M Description 3.2.2.1 1 1 Each Firm-fixed Fee to develop the new

website as specifically detailed within the preceding Sections 2.2 and 2.4 herein.

3.2.2.2 2 1 Each Annual fee for Hosting the DRHA website.

3.2.2.3 3 12 Month Firm-fixed Monthly Fee to provide the s services detailed within the preceding

Section 2.3 herein. 3.2.2.4 4 80 Hours For additional technical and/or

consulting work not already provided for herein that may be ordered at the sole decision and discretion of the DRHA.

3.3 Additional Information pertaining to the preceding listed Pricing Items

3.3.1 Quantities All quantities entered by the DRHA herein (especially within the immediate-preceding Table No.4) are for calculating purposes only. As may be further detailed herein, the DRHA does not guarantee any minimum or maximum amount of work as a result of any award ensuing from this RFP, as the ensuing contract will be a Requirements contract, in that the DRHA shall retain one Vendor only and shall retain the right to order from that Vendor (successful proposer), on a task order basis, any amount of services the DRHA requires.

3.3.2 IMPORTANT NOTICE!!! Entry of Costs Except as provided for otherwise, proposers must submit a realistic Cost for each and every Pricing Item detailed within the preceding Table NO.4.

3.3.2.1 Realistic Cost for each Pricing Item Each proposer is strongly encouraged to a realistic Cost for each Pricing

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Item, especially the hourly fees required. For example, if the successful proposer enters $1.00 per hour for the hourly fee Pricing Item No. 3 (proposers typically do so in an effort to improve their position in regards to Evaluation Factor No.1, as detailed in Table No. 6 herein), then the $1.00 per hour is what the successful proposer will charge the DRHA for any work that the DRHA may retain the successful proposer to provide if the DRHA deems such retention is in the DRHA's best interests to do so. Accordingly, it is the DRHA's opinion that it is very much in the best interests of the proposer to propose a realistic hourly fee for each Pricing Item. If, despite this warning, the successful proposer proposes an hourly fee that the DRHA deems is not realistic, then the DRHA reserves the right to require the successful proposer to, at contract execution, present a cash bond in a suitable amount (e.g. $4,000.00, which the DRHA will hold during the term of the ensuing contract period) to ensure that the successful proposer will fulfill his/her obligation in this matter.

3.3.2.1.1 No Post-submittal Deadline Corrections Allowed The DRHA WILL NOT, after the submittal deadline, negotiate an increase to any unit costs or fees proposed prior to the submittal deadline; accordingly, proposers are strongly cautioned to submit a realistic price for the Pricing Items identified within the preceding Table NO.6 herein.

3.3.2.3 Reimbursable Travel Expenses Reimbursable expenses generally are not allowed under the ensuing contract except as listed immediately following:

3.3.2.3.1

3.3.2.3.2

Pre-approval by the DRHA All reimbursable expenses as detailed herein must have the prior written approval of the DRHA.

Travel For firms located outside of the Danville area, it is possible that the DRHA may require the successful proposer to travel to Danville to perform services. In such case (which will be very atypical), the DRHA will reimburse the successful proposer for reasonable DRHA pre-approved travel costs ("reasonable," meaning in accordance with the DRHA's typical Travel Policy allowances). If the reimbursement is for travel by vehicle

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within the region (and the DRHA has approved such travel and reimbursable expense), the reimbursement will be a mileage fee not-to-exceed the current set IRS mileage rate.

3.3.3 Potential Escalation of Rates At the discretion of the CEO, at the end of the first one-year contract period (and at the end of any ensuing extended contract period), there may be an escalation of rates allowed in the same amount of any escalation that occurs pertaining to the corresponding or most similar Producer Price Index (PPI) ("most similar," as determined by and at the sole discretion of the DRHA). For example, if, at the end of the first contract period the listed PPI increase 5% as compared with the listed index on the date of contract execution, then the Vendor will, at the CEO's discretion, be entitled to a 5% increase in the rates that he/she submitted in response to this RFP. Similarly, for ensuing years, the end-date of the previous contract period shall be the base-line date to determine the previous listed rate.

3.3.3.1 Notification Must Be Received From the Vendor The Vendor must notify the CEO, in writing, of such desired escalation at least 60 days prior to the end of the noted contract period(s). Such escalations may occur no more than once in any 12-month period without the express written consent of the CEO.

3.3.3.2 Right to Reject As stated within the preceding Section 3.3.3 herein, the DRHA reserves the right to reject any such request for an increase in fees if the DRHA feels doing so is in its best interests. Similarly, the Vendor has the right to terminate services if the DRHA rejects the request for an increase. This will occur in the following manner (procedure):

3.3.3.2.1

3.3.3.2.2

Step No. 1 The Vendor submits his/her written request for an increase, accompanied by the required documentation, to the DRHA CEO within the required 60-day period (please see the preceding Section 3.3.3.1 herein);

Step No. 2 The DRHA considers the requested increase and, within 10 days of receipt of such, issues a written response to the Vendor as to if the request is approved or rejected;

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3.3.3.2.3

3.3.3.2.4

Step No.3 If rejected and the Vendor wishes to, as a result, cease providing the services to the DRHA, the Vendor has 10 days from the receipt of the written notice of rejection to deliver to the DRHA a written notice that he/she is hereby invoking his/her right to discontinue the services within 120 days of the date this notice was delivered to the DRHA (the specific date 120-days hence shall be written within the notice);

Step No. 4 The DRHA will then endeavor to ensure that the DRHA makes other arrangements to replace the Vendor (e.g. contract with another firm; do the services in­house; etc.) as the Vendor for the applicable services; further, if such other arrangements are completed by the DRHA prior to the aforementioned 120-day date, the DRHA shall retain the right to deliver to the Vendor, a 10-day written notice to cease services (meaning, the 120-day period is a maximum additional contract period that the DRHA may, at its discretion, shorten with such written notice).

3.3.4 Overtime Pursuant to the Contract Work Hours and Safety Standards Act, overtime shall not be less than time and one-half for hours worked in excess of 40 hours per week. The DRHA shall consider regular-time to be Monday-Friday (excluding holidays), 8:00 AM - 5:00 PM. Accordingly, the DRHA will pay a rate of 1.5 of the listed hourly rates for any work the DRHA requires the successful proposer to perform specifically during non-regular-time hours (the DRHA shall NOT be responsible to pay the successful proposer for any work that the successful proposer CHOOSES to work during non-regular-time hours, only such hours that the DRHA gives prior approval for).

3.3.4.1 The DRHA shall NOT be responsible to pay the successful proposer for any work that the successful proposer CHOOSES to work during non-regular-time hours; meaning, it the necessity for the work "after hours" is due to, for example, the Vendor's lack of staffing or due to other work that the Vendor may have with other clients, the DRHA expects that such work will be provided during normal work hours.

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3.3.5 Prior DRHA Approval Required Please note that the successful proposer shall NOT conduct any additional work without the prior written authorization of the DRHA representative (via delivery of a Task Order, which may take the form of an e-mail). Failure to abide by this directive shall release the DRHA of any obligation to pay the successful proposer for any work conducted without the noted prior written authorization.

3.3.6 No Deposit/No Retainer The DRHA will NOT pay any deposits or retainer fees as a result of award of the ensuing contract (such is not allowed per relevant HUD regulation). This means that the DRHA will pay the successful proposer(s) for actual services provided only. For services billed at the hourly rate, the Vendor will be required to submit a full back-up detail of all hours worked, listed by no more than the "1S-minute" standard .

. 4 Proposal Submission All "hard-copy" proposals must be submitted and time­stamped received in the designated DRHA office by no later than the submittal deadline stated herein (or within any ensuing addendum). A total of one (1) original signature copy (marked "ORIGINAL") and three (3) exact copies (each of the four (4) separate proposal submittals shall have a cover and extending tabs) of the "hard copy" proposal submittal, shall be placed unfolded in a sealed package and addressed to:

DRHA Attention: Starr Miner

135 Jones Crossing Danville, VA 24541

3.4.1 The package exterior must clearly denote the above noted RFP number and must have the proposer's name and return address. Proposals received after the published deadline will not be accepted.

3.4.2 Submission Conditions DO NOT FOLD OR MAKE ANY ADDITIONAL MARKS, NOTATIONS, OR REQUIREMENTS ON THE DOCUMENTS TO BE SUBMITTED! Proposers are not allowed to change any requirements or forms contained herein, either by making or entering onto these documents or the documents submitted any revisions or additions; and if any such additional marks, notations or requirements are entered on any of the documents that are submitted to the DRHA by the proposer, such may invalidate that proposal. If, after accepting such a proposal, the DRHA decides that any such entry has not changed the intent of the proposal that the DRHA intended to receive, the DRHA may accept the proposal and the proposal shall be considered by the DRHA as if those additional marks, notations, or requirements were not entered on such. Each prospective proposer is agreeing to confirm all notices and by submitting a proposal, the proposer is thereby agreeing to abide by

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all terms and conditions published herein and by addendum pertaining to this RFP.

3.4.3 Submission Responsibilities It shall be the responsibility of each proposer to be aware of and to abide by all dates, times, conditions, requirements, and specifications set forth within all applicable documents issued by the DRHA, including the RFP document, the documents listed within the following Section 3.8, and any addenda and required attachments submitted by the proposer. By virtue of completing, signing, and submitting the completed documents, the proposer is stating his/her agreement to comply with all conditions and requirements set forth within those documents. Written notice from the proposer not authorized in writing by the CEO to exclude any of the DRHA requirements contained within the documents may cause that proposer to not be considered for award.

3.5 Proposer's Responsibilities - Contact with the DRHA It is the responsibility of the proposer to address all communication and correspondence pertaining to this RFP process to the Director of Purchasing only. Proposers must not make inquiry or communicate with any other DRHA staff member or official (including members of the Board of Commissioners) pertaining to this RFP. Failure to abide by this requirement may be cause for the DRHA to not consider a proposal submittal received from any proposer who may not have abided by this directive.

3.5.1 Addenda All questions and requests for information must be addressed in writing to the Director of Purchasing. The Director of Purchasing will respond to all such inquiries in writing by addendum to all prospective proposers (i.e. firms or individuals that have obtained the RFP Documents). During the RFP solicitation process, the Director of Purchasing will NOT conduct any ex parte (a substantive conversation-"substantive" meaning, when decisions pertaining to the RFP are made-between the DRHA and a prospective proposer when other prospective proposers are not present) conversations that may give one prospective proposer an advantage over other prospective proposers. This does not mean that prospective proposers may not call the Director of Purchasing-it simply means that, other than making replies to direct the prospective proposer where his/her answer has already been issued within the solicitation documents, the Director of Purchasing may not respond to the prospective proposer's inquiries but will direct him/her to submit such inquiry in writing so that the Director of Purchasing may more fairly respond to all prospective proposers in writing by addendum.

3.6 Proposer's Responsibilities - Equal Employment Opportunity and Supplier Diversity Both the Vendor and the DRHA have, pursuant to HUD

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regulation, certain responsibilities pertaining to the hiring and retention of personnel and subcontractors.

3.6.1 Within 2 CFR §200.321 it states:

3.6.1.1 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

3.6.1.2 (1) The Non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

3.6.1.3 (2) Affirmative steps must include:

3.6.1.3.1

3.6.1.3.2

3.6.1.3.3

3.6.1.3.4

3.6.1.3.5

3.6.1.3.6

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development DRHA of the Department of Commerce; and

(6) Requiring the prime Vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

3.6.2 Within HUD Procurement Handbook 7460.8 REV 2 it states:

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3.6.2.1 Section 15.5.A, Required Efforts. Consistent with Presidential Orders 11625, 12138, and 12432, the [DRHA] shall make every effort to ensure that small businesses, MBEs, WBEs, and labor surplus area businesses participate in [DRHA] contracting.

3.6.2.2 Section 15.5.B, Goals. [The DRHA] is encouraged to establish goals by which they can measure the effectiveness of their efforts in implementing programs in support of contracting with disadvantaged firms. It is important to ensure that the means used to establish these goals do not have the effect of limiting competition and should not be used as mandatory set-aside or quota, except as may otherwise be expressly authorized in regulation or statute. Some localities have adopted minority contracting set-aside policies or geographic limitations, which may be in conflict with Federal requirements for full and open competition.

3.6.3 Within our DRHA Procurement Policy it states that our DRHA will:

3.6.3.1 Assistance to Small and Other Business, Required Efforts:

3.6.3.1.1

3.6.3.1.2

3.6.3.1.3

3.6.3.1.4

3.6.3.1.5

Including such firms, when qualified, on solicitation mailing lists;

Encouraging their participation through direct solicitation of proposals or proposals whenever they are potential sources;

Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by such firms;

Establishing delivery schedules, where the requirement permits, which encourage participation by such firms;

Using the services and assistance of the Small Business Administration, and the Minority Business Development DRHA of the Department of Commerce;

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3.6.3.1.6

3.6.3.1.7

Including in contracts, to the greatest extent feasible, a clause requiring Vendors, to provide opportunities for training and employment for lower income residents of the project area and to award subcontracts for work in connection with the project to business concerns which provide opportunities to low-income residents, as described in 24 CFR Part 135 (so-called Section 3 businesses); and

Requiring prime Vendors, when subcontracting is anticipated, to take the positive steps listed above.

3.6.4 Requirements Accordingly, please see Section 3.1.7 within Table NO.3 herein which details the information pertaining to this issue that the proposer must submit in response to this proposal showing compliance, to the greatest extent feasible, with these regulations.

3.7 Pre-proposal Conference There is not a Pre-proposal Conference scheduled pertaining to this RFP.

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3.8 Recap of Attachments It is the responsibility of each proposer to verify that helshe has downloaded the following attachments pertaining to this RFP, which are hereby by reference included as a part of this RFP:

Table No.5 RFP Document Section No. Attachment Description 3.8.1 1.0 This RFP Document 3.8.2 2.0 A Form of Proposal 3.8.3 3.0 B Form HUD-5369-C (8/93),

Certifications and Representations of Olferors, Non-Construction Contract

3.8.4 4.0 C Profile of Firm Form 3.8.5 5.0 D Section 3 Form Submittal Form 3.8.6 6.0 E Form HUD-5369-B (8/93),

Instructions to Offerors, Non-Construction

3.8.7 7.0 F Appendix No.1: form HUD-5370-C (01/2014), General Conditions for Non- Construction Contracts Section I (With or without Maintenance Work)

3.8.7.1 7.1 F-1 Appendix NO.2: form HUD-5370-C (01/2014), General Conditions for Non-Construction Contracts Section /I (With Maintenance Work)

3.8.7.2 7.2 F-2 Appendix No.3: form HUD 50071 (01/14), Certification of Payments to Influence Federal Transactions (NOTE: This form will only be completed and included as a part of the ensuing contract if the DRHA anticipates that total awards pursuant to the ensuing contract mayor will exceed $100,000.)

3.8.7.3 7.3 F-3 Appendix No.4: Standard Form LLL (Rev. 01/14). Disclosure of Lobbying Activities (NOTE: This form will only be completed and included as a part of the ensuing contract if the Vendor designates an affirmative answer to Item No. (2) within the immediate identified form 50071.)

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4.0 PROPOSAL EVALUATION

4.1 Evaluation Factors The following factors will be utilized by the DRHA to evaluate each proposal submittal received; award of points for each listed factor will be based upon the documentation that the proposer submits within his/her proposal submittal and on-line (specifically, the pricing submitted on-line):

[Table No.6] (1 ) (2) (3) (4)

Max Point Factor No. Value Type Factor Description

1 30 points Objective The PROPOSED COSTS submitted by the proposer.

2 10 points Subjective The proposer's DEMONSTRATED (Technical) UNDERSTANDING of the DRHA'S

REQUIREMENT.

3 20 points Subjective The QUALITY of the TECHNICAL APPROACH and (Technical) the SERVICES PROPOSED.

4 10 points Subjective The proposer's TECHNICAL CAPABILITIES (in (Technical) terms of personnel) and the MANAGEMENT PLAN

(including the ability to provide the services detailed herein).

5 20 points Subjective The proposer's DEMONSTRATED RELEVANT (Technical) EXPERIENCE in performing similar work and

SUCCESSFUL PAST PERFORMANCE (including meeting costs, schedules, and performance requirements) of contract work substantially similar to that required by this solicitation as verified by reference checks or other means.

6 10 points Subjective The OVERALL QUALITY, ORGANIZATION, and (Technical) PROFESSIONAL APPEARANCE of the

PROPOSAL SUBMITTED, based upon the opinion of the evaluators.

100 Total Points (other than preference points) points

*NOTE: Points will be awarded for each Subjective Factor by each of the appointed evaluation committee members based on his/her opinion after a thorough review of the information submitted by each proposer within his/her proposal.

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4.1.2 Preference Evaluation Factor The following factors will be utilized by the CEO to evaluate each proposal submittal received:

[Table No. 6a (1) (2) (3)

Factor Type

(4) Max Point

N Value o. 7

15 points 7a

7b 13 points

11 points 7c

7d 9 points

7 points 7e

7f 5 points

Objective

Factor Description

SECTION 3 BUSINESS PREFERENCE PARTICIPATION A firm may qualify for Section 3 status as detailed within Attachments D and D-1 (NOTE: A max of 15 points awarded).

Priority I, Category 1a Business concerns that are 51 percent or more owned by residents of the housing development or developments for which the Section 3-covered assistance is expended.

Priority II, Category 1 b Business concerns, whose workforce includes 30 percent of residents of the housing development for which the Section 3-covered assistance is expended, or within three (3) years of the date of first employment with the business concern, were residents of the Section 3-covered housing development.

Priority III, Category 2a Business concerns that are 51 percent or more owned by residents of any other housing development or developments.

Priority IV, Category 2b Business concerns, whose workforce includes 30 percent of residents of any other public housing development or developments, or within three (3) years of the date of first employment with the business concern, were "Section 3" residents of any other public housing development.

Priority V, Category 3 Business concerns participating in HUD Youth-build programs being carried out in the metropolitan area in which the Section 3-covered assistance is expended.

Priority VI, Category 4a Business concerns that are 51 percent or more owned by Section 3 residents in the metropolitan area, or whose permanent, full-time workforce includes no less than 30 percent of Section 3 residents in the metropolitan area, or within three (3) years of the date of employment with the business concern, were Section 3 residents in the metropolitan area.

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7g 3 points Priority VII, Category 4b. Business concerns that subcontract in excess of 25 percent of the total amount of subcontracts to Section 3 business concerns.

7h 15 points Maximum Available Preference Points (Additional)

115 Total Possible Points points

4.2 Evaluation Method

4.2.1 Initial Evaluation for Responsiveness Each proposal received will first be evaluated for responsiveness (Le. meets the minimum of the requirements).

4.2.2 Evaluation Packet An evaluation packet will be prepared for each evaluator, including the following documents:

4.2.2.1 Instructions to Evaluators;

4.2.2.2 Proposal Tabulation Form;

4.2.2.3 Written Narrative Form for each proposer;

4.2.2.4 Recap of each proposer's responsiveness;

4.2.2.5 Copy of all pertinent RFP documents.

4.2.3 Evaluation Committee The DRHA anticipates that it will select a minimum of a three-person committee to evaluate each of the responsive "hard copy" proposals submitted in response to this RFP. PLEASE NOTE: No proposer shall be informed at any time during or after the RFP process as to the identity of any evaluation committee member. If, by chance, a proposer does become aware of the identity of such person(s}, he/she SHALL NOT make any attempt to contact or discuss with such person anything related to this RFP. As detailed within Section 3.5 of this document, the designated CEO is the only person at the DRHA that the proposers shall contact pertaining to this RFP. Failure to abide by this requirement may (and most likely will) cause such proposer(s) to be eliminated from consideration for award.

4.2.4 Evaluation The CEO will evaluate and award points pertaining to Evaluation Factors No. 1 and 7 (the "Objective" Factors). The appointed evaluation committee, independent of the CEO or any other person at the DRHA, shall evaluate the responsive proposals

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submitted and award points pertaining to Evaluation Factors No.2, 3, 4, 5 and 6 (the "Subjective" Factors). Upon final completion of the proposal evaluation process, the evaluation committee will forward the completed evaluations to the CEO.

4.2.4.1 Points Awarded Range Pertaining to the Subjective Factors, please note the following range of points awarded (points pertaining to this RFP are shaded-please also see the Evaluation Factors detailed within the preceding Section 4.1):

[Table No.7] Points Awarded Range

Classification* Rating % 10 20 100**

Acceptable Excellent 95%/+ 10 19-20 95-100

Acceptable Very Good 90%/+ 9 18 90-94

Potentially Acceptable Good 80%/+ 8 16-17 80-89

Potentially Acceptable Average 70%1+ 7 14-15 70-79

Unacceptable Poor <70% 0-6 0-13 0-69 *Pursuant to Section 7.2.N.3 of Hue Procurement Handbook 7460.8 REV 2. **Total available points to be awarded, including cost points, minus preference points.

4.2.5 Potential "Competitive Range" or "Best and Finals" Negotiations The DRHA reserves the right to, as detailed within Section 7.2.N through Section 7.2.R of HUD Procurement Handbook 7460.8 REV 2, conductt a "Best and Finals" Negotiation, which may include oral interviews, with all firms deemed to be in the competitive range. Any firm deemed not to be in the competitive range shall be notified of such in writing by the DRHA in as timely a manner as possible, but in any case within no longer than 10 days after the beginning of such negotiations with the firms deemed to be in the competitive range.

4.2.6 Determination of Top-ranked Proposer Typically, the subjective points awarded by the evaluation committee will be combined with the objective points awarded by the Director of Purchasing to determine the final ran kings, which is typically forwarded by the Director of Purchasing to the CEO for approval. If the evaluation was performed to the satisfaction of the CEO, the final rankings may be forwarded to the Board of Commissioners (BOC) at a scheduled meeting for approval. Contract negotiations may, at the DRHA's option, be conducted prior to or after the BOC approval.

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4.2.6.1 Minimum Evaluation Results To be considered to receive an award a proposer must receive a total calculated average of at least 70 points (of the 115 total possible points detailed within Section 4.1 herein).

4.2.6.2 Ties In the case of a tie in points awarded, the award shall be decided as detailed within Section 6.12.C of HUD Procurement Handbook 7460.8 REV 2, by "drawing lots or other random means of selection."

4.2.7 Notice of Results of Evaluation If an award is completed, all proposers will receive bye-mail a Notice of Results of Evaluation. Such notice shall inform all proposers of:

4.2.7.1 Which proposer received the award;

4.2.7.2 Where each proposer placed in the process as a result of the evaluation of the proposals received;

4.2.7.3 The cost or financial offers received from each proposer;

4.2.7.4 Each proposer's right to a debriefing and to protest.

4.2.8 Restrictions All persons having familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a proposer entity will be excluded from participation on the DRHA evaluation Committee. Similarly, all persons having ownership interest in and/or contract with a proposer entity will be excluded from participation on the DRHA evaluation committee.

5.0 CONTRACT AWARD

5.1 Contract Award Procedure If a contract is awarded pursuant to this RFP, the following detailed procedures will be followed:

5.1.1 By completing, executing and submitting a proposal, the "proposer is thereby agreeing to abide by all terms and conditions pertaining to this RFP as issued by the DRHA, either in hard copy or on the Marketplace" including the contract clauses already attached as Attachments G and G-1 through G-6, each attached hereto. Accordingly, the DRHA has no responsibility to conducted after the submittal deadline any negotiations pertaining to the contract clauses already published.

5.2 Contract Conditions The following provisions are considered mandatory conditions of any contract award made by the DRHA pursuant to this RFP:

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5.2.1 Contract Form The DRHA will not execute a contract on the Vendor's form-contracts will· only be executed on the DRHA form (please see Sample Contract, Attachments G and G-1 through G-6 each attached hereto), and by submitting a proposal the Vendor agrees to do so (please note that the DRHA reserves the right to amend this form as the DRHA deems necessary). However, the DRHA will during the RFP process (prior to the posted question deadline) consider any contract clauses that the proposer wishes to include therein and submits in writing a request for the DRHA to do so; but the failure of the DRHA to include such clauses does not give the Vendor the right to refuse to execute the DRHA's contract form. It is the responsibility of each prospective proposer to notify the DRHA, in writing, prior to submitting a proposal, of any contract clause that he/she is not willing to include in the final executed contract and abide by. The DRHA will consider and respond to such written correspondence, and if the prospective proposer is not willing to abide by the DRHA's response (decision), then that prospective proposer shall be deemed ineligible to submit a proposal.

5.2.1.1 Mandatory HUD Forms Please note that the DRHA has no legal right or ability to (and will not) at any time negotiate any clauses contained within ANY of the HUD forms included as a part of this RFP.

5.2.2 Assignment of Personnel The DRHA shall retain the right to demand and receive a change in personnel assigned to the work if the DRHA believes that such change is in the best interest of the DRHA and the completion of the contracted work.

5.2.3 Unauthorized Sub-contracting Prohibited The Vendor shall not assign any right, nor delegate any duty for the work proposed pursuant to this RFP (including, but not limited to, selling or transferring the contract) without the prior written consent of the DRHA. Any purported assignment of interest or delegation of duty, without the prior written consentof the DRHA shall be void and may result in the cancellation of the contract with the DRHA, or may result in the full or partial forfeiture of funds paid to the Vendor as a result of the proposed contract; either as determined by the DRHA.

5.3 Contract Period The DRHA anticipates that it will initially award a contract for the period of 1 year with the option, at the DRHA's discretion, of 4 additional one-year option periods, for a total maximum contract period of 5 years.

5.4 Licensing and Insurance Requirements Prior to award (but not as a part of the proposal submission) the Vendorwill be required to provide:

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5.4.1 Workers Compensation Insurance An original certificate evidencing the proposer's current industrial (worker's compensation) insurance carrier and coverage amount (NOTE: Workers Compensation Insurance will be required of any Vendor that has employees other than just the owner working on-site to provide the services); .

5.4.2 General Liability Insurance An original certificate evidencing General Liability Coverage, naming the DRHA as an additional insured, together with the appropriate endorsement to said policy reflecting the addition of the DRHA as an additional insured under said policy (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $1,000,000, together with damage to premises and fire damage of $50,000 and medical expenses anyone person of $5,000), with a commercially reasonable deductible (e.g. "commercially reasonable," meaning not greater than 1 % of the "general aggregate minimum" of the policy, with a maximum deductible amount of $50,000;

5.4.3 Professional Liability Insurance An original certificate showing the proposer's professional liability and/or "errors and omissions" coverage (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $1,000,000), with a commercially reasonable deductible (e.g. "commercially reasonable," meaning not greater than 1 % of the "general aggregate minimum" of the policy, with a maximum deductible amount of $50,000;

5.4.4 Automobile Insurance An original certificate showing the proposer's automobile insurance coverage in a combined single limit of $1,000,000. For every vehicle utilized during the term of this program, when not owned by the entity, each vehicle must have evidence of automobile insurance coverage with limits of no less than $100,000/$300,000 and medical pay of $5,000.

5.4.5 City/County/State Business License If applicable, a copy of the proposer's business license allowing that entity to provide such services within the City of Danville, Pittsylvania County, and/or the State of Georgia.

5.4.6 Certificates/Profile of Firm Form Pertaining to the aforementioned (within Sections 5.4.1 through 5.4.5) insurance certificates and licenses, each proposer is required to enter related information where provided for on the Profile of Firm Form (do not attach or submit copies of the insurance certificates or licenses within the proposal submittal-we will garner the necessary documents from the successful proposer prior to contract execution).

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5.5 Right to Negotiate Final Fees The DRHA shall retain the right to negotiate the amount of fees that are paid to the Vendor, meaning the fees proposed by the top-rated proposer may, at the DRHA's options, be the basis for the beginning of negotiations. Such negotiations shall begin' after the DRHA has chosen a top-rated proposer. If such negotiations are not, in the opinion of the DRHA successfully concluded within 5 business days, the DRHA shall retain the right to end such negotiations and begin negotiations with the next-rated proposer. The DRHA shall also retain the right to negotiate with and make an award to more than one proposer.

5.6 Contract Service Standards All work performed pursuant to this RFP must conform and comply with all applicable local, state and federal codes, statutes, laws and regulations.

5.7 Prompt Return of Contract Documents Any and all documents required to complete the contract, including contract signature by the successful proposers, shall be provided to the DRHA within 10 workdays of notification by the DRHA.

Index of Tables [Table No.8

Table Description Page

1 Table of Contents 2 2 RFP Information at a Glance 3 3 Tabbed Proposal Submittal 8 4 Pricing Items 11 5 Recap of Attachments 19 6 Evaluation Factors 21 6a Preference Evaluation Factors 22 7 Points Awarded Range 24 8 Index of Tables 28

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Certifications and Representations

U.S. Department of Housing and Urban Development

OMB Approval No: 2577-0180 (exp. 7130196)

OffICe of Public and Indian Housing

of Offerors Non-Construction Contract

PubUc reporting burden for this collection of Information Is estimated to average 5 minutes per resporlse,lncluding the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This form includes clauses required by OMB's common rule on biddinwofferlng procedures, implemented by HUD in 24 CFR 85.36, and those requirements setforth In Executive Order 11625 for small, minority. women-owned businesses, and certifications for independent price determination, and conflict of interest. The form Is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a ba'\efit. The Information requested does not lend itself to confidentiality.

I. Contingent Fee Representation and Agreement

(a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:

(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

(b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer.

(c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract.

2. Small, Minority, Women-Owned Business Concern Rep-resentation

The bidder/offeror 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 12l.

(b) [ ] is, [ ] is not a women-owned small business concern. "Women-owned," as used in this provision, means a small 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 enterprise which, pursuant to Executive Order 11625. is defined as a business wbich is at least 51 percent owned 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 operations are controlled by one or more sucb individuals.

For the pwpose of this defmition, minority group memben are:

(Check the block applicable to you)

[ ] Black Americans [] Asian Pacific Americans

[ ] Hispanic Americans [] Asian Indian Americans

[ ] Native Americans [] Hasidic Jewish Americans

J. Certificate of Independent Price Determination

(a) The bidder/offeror certifies that-

(1) The prices in this bid/offer have been arrived at indepen­dently, without, for the purpose of restricting competi­tion, any conSUltation, communication, or agreement with any other bidder/offeror or competitor relating to (0 those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be­fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt bas been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the pwpose of restricting competition.

(b) Each signature on the bid/offer is considered to be a certifi­cation by the signatory that the signatory:

(1) Is the person in the bidder/offeror'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)(I) througb (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)(1) througb (a)(3) above (insert full name of person(s) in the bidder/offeror's organization responsible for determining the prices of­fered in tbis bid or proposal, and the title of his or ber position in the bidder/offeror'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)(I) through (a)(3) above; and

Previous edition Is obsolete page 1 of2 form HUD-6369-C (8193)

ref. Handbook 7460.8

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(iii) As an agent. has not personally participated. and will not participate in any action contrary to subparagraphs (a)(I) through (a)(3) above.

(c) If the bidder/offeror deletes or modifies subparagraph (a)2 above. the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.

4. Organizational Conflicts of Interest Certification

(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 a proposed contract and a prospective contractor's organizational. fi­nancial. contractual or other interest are such that:

(i) Award of the contract may result in an unfair competi­tive advantage;

(ii) The Contractor's objectivity in performing the con­tract work may be impaired; or

(iii) That the Contractor has disclosed all relevant infor­mation and requested the HA to make a determination with respect to this Contract.

(b) The Contractor agrees that if after award be or sbe discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo­sure in writing to the HA which sball include a description of the action which the Contractor bas taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of 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 HA, the HA may terminate the Contract for default.

(d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate orneutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract.

S. Authorized Negotiators (RFPs only)

The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators):

6. ConOict of Interest

In the absence of any actual or apparent conflict. the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure­ment, as described in the clause in this solicitation titled "Orga­nizational Conflict of Interest."

7. Offeror's Signature

The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Signature & Date:

Typed or Printed Name:

Title:

Previous edition is Obsolete page 2 012 form HUD-5369-C (8193)

ref. Handbook 7460.8

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III

RFP 20200729 Website Redesign/Maintenance Services

PROFILE OF FIRM FORM

(1) Prime __ Sub-contractor (This form must be completed by and for each).

(2) Name of Firm: ____________ Telephone: ____ _ Fax: -----(3) Street Address, City, State, Zip: ____________________ _

(4) Please attached a brief biography/resume of the company, including the following information: (a) Year Firm Established; (b) Year Firm Established in VA/NC (identify which); (c) Former Name and Year Established (if applicable); (d) Name of Parent Company and Date Acquired (if applicable).

(5) Identify Principals/Partners in Firm (submit on separate pages a brief professional resume for each): NAME TITLE % OF OWNERSHIP

(6) Identify the individual(s) that will act as project manager and any other supervisory personnel that will work on project; submit on separate pages a brief professional resume for each. (Do not duplicate any resumes required above):

NAME TITLE

(7) Proposer Diversity Statement: You must circle all of the following that apply to the ownership of this firm and enter where provided the correct percentage (%) of ownership of each: o Caucasian 0 Public-Held 0 Government 0 Non-Profit

American (Male) Corporation Agency Organization --_%. % % %

Resident- (RBE), Minority- (MBE), or Woman-Owned (WBE) Business Enterprise (Qualifies by virtue of 51 % or more ownership and active management by one or more of the following: o Resident- OAfrican O**Native OHispanic OAsian/Pacific OHasidic

Owned· American American American American Jew ---_% % % % % --_%,

OWoman-Owned OWoman-Owned ODisabled OOther (Specify): (MBE) (Caucasian) Veteran --_% % --~% --_%

OAsian/lndian American --_%,

WMBE Certification Number: _______________________ _

Certified by (Agency): _________________________ _ (NOTE: A CERTIFICATION/NUMBER NOT REQUIRED TO PROPOSE - ENTER IF AVAILABLE)

Signature Date Printed Name Company

Danville Redevelopment and Housing Authority Page 1

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RFP 20200729 Website Redesign/Maintenance Services

PROFILE OF FIRM FORM

(9) Danville, Virginia Business License No. : _______________ _

(10) State of VA License Type and No.: __________________ _

(11 )Worker's Compensation Insurance Carrier: __________________ _ Policy No.: ______________ Expiration Date: _________ _

(12) General Liability Insurance Carrier: ____________________ _ Policy No. ______________ Expiration Date: _________ _

(13) Professional Liability Insurance Carrier: ___________________ _ Policy No. ______________ Expiration Date: _________ _

(14) Debarred Statement: Has this firm, or any prindpal(s) ever been debarred from providing any services by the Federal Government, any state government, the State of , or any local government agency within or without the State of ? Yes 0 No 0 If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.

(15) Disclosure Statement: Does this firm or any prindpals thereof have any current, past personal or professional relationship with any Commissioner or Officer of the HA? Yes 0 No 0 If "Yes," please attach a full detailed explanation, including dates, drcumstances and current status.

(16) Non-Collusive Affidavit: The undersigned party submitting this proposal hereby certifies that such proposal is genuine and not collusive and that said proposer entity has not colluded, conspired, connived or agreed, directly or indirectly, with any proposer or person, to put in a sham proposal or to refrain from proposing, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the proposal price of affiant or of any other proposer, to fix overhead, profit or cost element of said proposal price, or that of any other proposer or to secure any advantage against the HA or any person interested in the proposed contract; and that all statements in said proposal are true.

(17) Verification Statement: The undersigned proposer hereby states that by completing and submitting this form he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and agrees that if the HA discovers that any information entered herein is false, that shall entitle the HA to not consider nor make award or to cancel any award with the undersigned party.

Signature Date Printed Name Company

Danville Redevelopment and Housing Authority Page 2

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RFP 20200729 Website Redesign/Maintenance Services

(Attachment D)

CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 BUSINESS PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY

NAME OF BUSINESS:

ADDRESS OF BUSINESS:

TYPE OF BUSINESS: o Corporation o Partnership o Sole Proprietorship D Joint Venture

Attached is the following documentation as evidence of status:

For business claiming status as a Section 3 resident-owned Enterprise:

D Copy of resident lease 0 Other evidence 0 Copy of evidence of participation in a public assistance program

For the business entity as applicable:

o Copy of Articles of Incorporation

D Assumed Business Name Certificate

o List of owners/stockholder and % of each

o Latest Board minutes appointing officers

o Certificate of Good Standing

o Partnership Agreement

o Corporation Annual Report

o Additional documentation

o Organization chart with names and titles and brief functional statement

For business claiming Section 3 status by subcontracting 25% of the dollar awarded to qualified Section 3 business:

D List of subcontracted Section 3 business and subcontract amount

For business claiming Section 3 status, claiming at least 30% of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business:

o List of all current full time employees

o PHA Residential lease (less than 3 years from date of employment)

o List of all employees claiming Section 3 status

o Other evidence of Section 3 status (less than3 years from date of employment)

Evidence of ability to perform successfully under the terms and conditions of the proposed contract:

o Current finanaal statement 0 List of owned equipment

o Statement of ability to comply 0 list of all contracts for the past 2 years with public policy

Corporate Seal

Authorizing Name and Signature Notary

My term expires: ------------------------------Title

Signature Date Printed Name

Danville Redevelopment and Housing AuthOrity Page 1

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RFP 20200729 Website Redesign/Maintenance Services

(Attachment D)

SUGGESTED AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES

Number Of All Contracts Proposed:

Name Of Company:

Dollar Value Of All Contracts Proposed:

Project:

To The Greatest Extent Feasible, Contracts Will Be Awarded Through Negotiation Or Bid To Qualified Project Area Businesses.

Goal Of These Contracts For Project Area Businesses:

PROPOSED TYPE OF CONTRACT APPROX. COST PROPOSED TYPE OF CONTRACT APPROX. COST

Outline The Program To Achieve These Goals For Economically And Socially Disadvantaged:

NOTE: To Complete The Affirmative Action Plan, Follow Steps Outlines In Attached Exhibit.

(INSERT THIS DOCUMENT IN BID DOCUMENTS AND WITH BID) DATE:

Signature Date Printed Name

Danville Redevelopment and Housing Authority

Page 2

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RFP 20200729 Website Redesign/Maintenance Services

(Attachment D)

SUGGESTED AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES (con'd)

SUGGESTED SECTION 3 PRELIMINARY WORKFORCE STATEMENT UTILIZATION OF LOWER INCOME PROJECT AREA RESIDENTS As REGULAR, PERMANENT EMPLOYEES, TRAINEES, ApPRENTICES.

COMPANY NAME:

ADDRESS:

PROJECT:

TRAINEES

ApPRENTICES

JOURNEYPERSONS

LABORERS

SUPERVISORY

SUPERINTENDENT

PROFESSIONAL

CLERICAL

PRESENT PERMANENT EMPLOYEES

(At Time of Contract Signing)

SECTION 3 WORKFORCE PROJECTION (Residents)

TOTAL PROJECTED

WORKFORCE INCREASE

NOTE: RESIDENTS ARE THOSE LOWER INCOME PROJECT AREA RESIDENTS WHO HAVE BEEN QUALIFIED AS ELIGIBLE.

Signature Date Printed Name

Danville Redevelopment and Housing Authority Page 3

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RFP 20200729 Website Redesign/Maintenance Services

SECTION 3 BUSINESS PREFERENCE CLAUSE (Attachment D)

This contract ;s subject to the following conditions under Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3).

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor or organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training positions that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprise. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

DANVILLE REDEVELOPMENT AND HOUSING AUTHORITY Page 4

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PREFERENCE FOR SECTION 3 BUSINESS CONCERNS IN CONTRACTING OPPORTUNITIES

(Attachment D)

The HA has established the following priority for preference when providing contracting opportunities to Section 3 Businesses:

Priority I Category 1 a Business Business concerns that are 51 percent or more owned by residents of the housing development or developments for which the Section 3-covered assistance is expended.

Priority II

Category 1 b Business

Business concerns whose workforce includes 30 percent of residents of the housing development for which the Section 3-covered assistance is expended, or within three (3) years of the date of first employment with the business concern, were residents of the Section 3-covered housing development.

Priority III Category 2a Business Business concerns that are 51 percent or more owned by residents of any other housing development or developments.

Priority IV Category 2b Business Business concerns whose workforce includes 30 percent of residents of any other public housing development or developments, or within three (3) years of the date of first employment with the business concern, were "Section 3" residents of any other public housing development.

Priority V Category 3 Business

Business concerns participating in HUD Youth-build programs being carried out in the metropolitan area in which the Section 3-covered assistance is expended.

Priority VI Category 4a Business Business concerns that are 51 percent or more owned by Section 3 residents in the metropolitan area, or whose permanent, full-time workforce includes no less than 30 percent of Section 3 residents in the metropolitan area, or within three (3) years of the date of employment with the business concern, were Section 3 residents in the metropolitan area.

Priority VII Category 4b Business

Business concerns that subcontract in excess of 25 percent of the total amount of subcontracts to Section 3 business concerns.

Eligibilfty for Preference A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence that the business concern is a Section business concern.

DANVILLE REDEVELOPMENT AND HOUSING AUTHORITY Page 5

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REQUEST FOR PROPOSALS (RFP) NO. 20091028SC, Annual Audit Services

(Attachment D)

HUD directs within 24 CFR 135 that the HA may make award to qualified Section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid is:

(a) within the maximum total contract price established by the HA; or

(b) not more than "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is determined as follows:

"X" = LESSOR OF: When the lowest responsive bid is less than $100,000 10% of that bid, or $9,000.00 When the lowest responsive bid is at least:

$100,000.00, but less than $200,000.00 9% of that bid, or $16,000.00

$200,000.00, but less than $300,000.00 8% of that bid, or $21,000.00

$300,000.00, but less than $400,000.00 7% of that bid, or $24,000.00

$400,000.00, but less than $500,000.00 6% of that bid, or $25,000.00

$500,000.00, but less than $1,000,000.00 5% of that bid, or $40,000.00

$1,000,000.00, but less than $2,000,000.00 4% of that bid, or $60,000.00

$2,000,000.00, but less than $4,000,000.00 3% of that bid, or $80,000.00

$4,000,000.00, but less than $7,000,000.00 2% of that bid, or $105,000.00

$7,000,000.00, or more 1.5% of the lowest responsive and responsible bid with no dollar limit

DANVILLE REDEVELOPMENT AND HOUSING AUTHORITY Page 6

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Instn.ictions to Offerors Non-Construction

u.s. Department of Housing and Urban Development

1IIIIIII -03291-

Office of P~bllc and Indian Housing

1. Preparation of Offers

(a) Offerors are expected to examine the statement of work. the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offeror's risk.

(b) Each offeror shall furnish the information required by the solicita­tion. The offeror shaH sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously fumished to the HA.

(c) Offers for services other than those specified will not be consid­ered.

2. Submission of Offers

(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicita­tion number. and the name and address of the offeror.

(b) Telegraphic offers will not be considered unless authorized by the solicitation; however. offers may be modified by written or telegraphic notice.

(c) Facsimile offers, modifications or withdrawals will not be consid­ered unless authorized by the solicitation.

3. Amendments to Solicitations

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Offerors shall acknowledge receipt of any amendments to this solicitation by

(1) signing and returning the amendment; (2) Identifying the amendment number and date in the space

provided for this purpose on the form for submming an offer, (3) letter or telegram, or (4) facsimile. if facsimile offers are authorized in the solicitation.

The HAlHUO must receive the acknowledgment by the time specified for receipt of offers.

4. explanation to Prospective Offerors

Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror conceming a solicitation wUl be fumished prorqrtly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack. of it would be prejudicial to any other prospective offerors.

5. Responsibility of Prospective Contrador

(a) The HA shall award a contract only to a responsible prospective contractor who Is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must -

(1) Have adequate financial resources to perform the contract, or the ability to obtain them;

(2) Have a satisfactory performance record; (3) Have a satisfactory record of integrity and business ethics; (4) Have a satisfactory record of compliance with public policy

-(e.g., Equal Employment Opportunity); and (5) Not have been suspended, debarred, or otherwise determined

to be ineligible for award of contracts by the Department of HOUSing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for inspection at the HMiUD.

(b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional information may render the offeror ineligible for aWard.

6. Late SubmiSSions, Modifications, and Withdrawal of Offers

(a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it Is received before award is made and it -

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submmed in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the soHcltatlon. was sent by telegram or via facsimile, and it is determined by the HAl HUD that the late receipt was due solely to mishandling by the HMiUD after receipt at the HA;

(3) Was sent by U.S. Postal Service Express Mail Next Day Service· Post Office to Addressee. not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "Working days" excludes weekends and U.S. Federal holidays; or

(4) Is the only offer received. f­

(b) Any modification of an offer, except a modification resulting from the HA's request for "best and finer offer (if this solicitation Is a request for proposals), is subject to the same conditions as in subparagraphs : (a)(1), (2), and (3) of this provision.

~ (c) A modification resulting from the HA's request for "best and finar offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the HA after receipt at the HA.

(d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date orthe offer, modHlcation, or withdrawal shall be processed as if mailed late. -Postmark- means a printed. stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that Is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerk to place a hand cancellation bull's.-eye postmark on both the receipt and -the envelope or wrapper.

(e) The only acceptable evidence to establish the time of receipt atthe -HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA.

PnMous edition is obsolete page 1 012 form HUD-5369-B (8193) ref. Handbook 7460.8 -

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(f) The only acceptable evtdence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee Isthe date anteredbythe post office receMng derk on the "Express Mail Next Day Service-Post Office to Acktessee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark­has the same meaning as defined In paragraph (c) of this provision, exduding postmarks of the Canaclan Postal Service. Therefore. offarors should request the postal clerk to place a legible hand cancellation OOll's eye postmark on both the receipt and the envelope or wrapper.

(g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offerthat makes Its terms more favorable to the HA will be considered at any time it is received and may be accepted.

(h) If this solicitation is a reque~ for proposals, proposals may be withdrawn by written notice, or If authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission receiVed at any time before award. Proposals may be withdrawn In person by a offeror or its authorized representative If the identity of the person requesting withdrawal Is established and the person signs a receipt for the offer before awatd. If this solicitation Is an invitation for bids, bids may be withdrawn at any time prior to bid opening.

7. Contract Award

(a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation wit be most advantageous tothe HA, cost or price and otherfactors. specified elsewhere in this solicitation, considered.

(b) The HA may (1) reject any or all offers If such ~n Is In the HA's interest, (2) accept other than the lowest offer, (3) waive infonnalilles and minor Irregularities in offers received,

and (4) award more than one contract for aH or part of the requirements stated.

(e) 11 this solicitation is a request for proposals, the HA may award a contract on the basis of Initial offers received, without discussions. Therefore, each Initial offer should contain the offero(s bestterms from a cost or price and technical standpoint.

Pravious edition is obsolete

(d) A written award or 8CC8JUnce of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shaD result In a binding contract without further action by either party. If this solicitation Is a request for proposals, before the offe(s spedfled expiration time, the HA may accept an offer. whether or not there are negotiations after its receipt, unless a written notice of withdrawal Is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by theHA.

(e) Neither financial data submitted with an offer, nor representations concerning facilities or finandng, wli form a part of the resulting contract.

8. ServIce of Protest

Any protest against the award of a contract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledg­ment of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor.

9. Offer Submission

Offers shaD be submitted as follows and shaH be enclosed in a sealed envelope and addressed to the offiCe specified In the solicitation. The proposal shall show the hour and data specified In the solicitation for recalpt, the solicitation number, and the name and address of the offeror, on the face of the envelope.

It Is very l"1'Ortant that the offer be properly Identified on the face of th$ envelope as set forth above In order to Insure that the date and time of receipt Is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes identified as proposals anddetlver them Invnedlately to the appropriate contracting official, and only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity only through the routine mall delivery procedure.

(Describe bid or proposal preparation inStructions here:)

fonn HUD-5368-B (8193 ref. Handbook 7460.1 _

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Genera. Conditions for Non-Construction Contracts

U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor RelatIons Section I - (With or without Maintenance Work) OMS Approval No. 2577-0157 (exp.110112014)

PubUc Reporting Burden for this coUectlon of Information Is estimated to average 0.08 hours per response including the Ume for reviewing I 1I1JUCtIon searching axlstlng data sources, gathering and malnlalnlng the data needed, and completing and reviewing the callectlon of information Se~ 8,

comments regarding Ihia burden estimate or any other aspect of this coUectlon of Information, including suggeatfons for reducing IhI8 bu~en, to the Reports Management otricer, Offtc:e of Information PolicIes and Systems, U.S. Department of HoUling and Urban Development Washington. D C 20410-3600: and to the 0fIiee of Management and Budget, PapelWOf1( RaducIIon Project (2577-0157), Washington. D.C. 20503. Do not send this . completed form to either of these addu 11111.

Applicability. This form HUD-537fI.C has 2 SectIons. These SecUona must be Inserliaclinto nolHlOllStrUCtlon contracts as described below:

1) Non-constructfon contracts (without malntenanw) greater than $100,000 ..... SectIon I;

2) Maintenance contracts (Including nonroutine maintenance 8S defined at 24 CFR 968.105) greater than $2,000 but not mont than $100,000 .... SectIon II; and

3) Malnlanance contracts (Including nonroutina maintenance), greater than $100,000 - use Sectlo"sl IIftd U.

Section I. Clauses for AU Non-ConstrucIIon Contracts grMter than $100,000

1. DefInitions

~~~ng~~~~to~~ (a) "Authority or HousIng Authority (HAr means the

Housing Authority. (b) "Contraer means the contract entered Into between the

Authority and the ContracIDr. It Includes the contract form, the CertIfIcatIons and Reprasentatlona, these contract clauses, and the scope of work. It Includes all fonnaI changes to any of Ihosa documents by addendum, Change Order, or other modification.

(e) "ContractoI" means the person or other entity entering Into the contract with the AuIhortty to perform aD of the work required under the contract.

(d) -Day" means calendar days, unless otherwIae 8Iat8cl. (a) "HUll" means the SecreIary d Houafng and Urban

development, his delegates, SlICC88I1O"8, and assigns, and the ofIicens and em~ d the UnIted States Department of HousIng and Urban Development acting for and on behalf of the SecnIIary.

2. Changes

(a) Tha HA may at any time, by wrftten order, and without nob to the sureIIeB, If any, make changes within the general scope of this contract In the services to be performed or euppIIeI to be cIeIMIred.

(b) If any such change causes an Ina8a8e or dacraaIe In the hoUrly rate, the not-fD.exceed amount of the contract. or the time required for performence of any part of the work under this contract. whether or not c:hanged by the order, or otherwise affectB the conditions of thIa contract. the HA IhaII make an equltabla adjustment In the not-to-exceed amount. the hourly rate, the delivery 8Chedula. or other afI'eckId terms, and shall modify the contract accordingly.

(e> The Contractor must assert lis rfght to an equftabfe adjustment under this clause lIoithln 30 dayS from the date of receipt of the wrIItan order. However, If the HA decides that the facts justify It. the HA may receive and act upon 8

SectIon I • Page 1 of 8

proposal subrnltlad befote final payment of the c:ontract. (d) Failure to agree to any adjustment shell be a dispute under

clause DIsputes, herein. However, nothing In this clause shall8Xallle the ConIractor fnIm proceeding with the c:onIract as changed.

(e) No services for which an additional cost or rae will be c:haIged by the ConIractor shall be furnlshad without the pttor wrItIen consent of the HA.

3. Termination for CoIMmIence and Default

(a) The HA may termlnat81h1s contract In whole, or from time to time In part. for the HA's convenience or the failure of the Contractor to fulftn the c:ontract obligations (default). The HA shall terminate by delivering to the ConIrac:tor 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 dI8continue all servIcaa affected (unless the notice directs oIherwI8e): and (II) deliver to the HA allinformallon, reports, papers. and other materials accumuJated or generated In performing this contract. whether completed or In PI'OC888.

(b) If the termination Is for the conwnIenca of the HA. the HA shaH be liable only for payment for a8N1ce8 rendered before tha eIfedlve dale of the tarmInatIon.

(e) If the tennInaIIon Is due to the failure of the Conbactor to fuHIlIlta obIIgalions under the contract (default),lhe HA may (I) requint the Conlr8ctor to deliver to It. In the manner and to the utent dlrec:tad by the HA. any work 88 desaibed In subpanIgnIph (a)(O) above, and compensation be determined In ac:cordance with the Changes clause, paragraph 2. abcwe; (U) take over the work and prosacuIe the same to completion by conIract or otherwise, and the Contractor shaD be /8bIe for any addlllonal cost Incurred by the HA; (III) withhold any paymanIB to the ConIractor, for the purpose of orr ... or partial payment. aslhe ceae may be, d amounts owad to the HA by the Conllaclor.

(d) If, aftar termination for failure to fu1flii c:onIract obligations (default). It Is detarmlned that the CoIdraclior had not failed, the l8nnInatIon shaD be deemed to have been etr8cIad for the conwnlance of the HA. and the ConIrac:IDr shaD been tIUed to paymant 88 described In pauagraph (b) above.

(a) Any disputes with regard to this clause 818 expnIIJIIyrnade subject to the terms of cIauIe titled DIIputes IIaIwIn.

4. ExamInation and ReIentIon of Contracwa RacorcIs

<a> The HA. HUD, or Comptroller General of the United States, or any of their duly aulhorfzad rapresentatIvea shan, until 3 years after final payment under thIa contract. have access to and the right to examine any of the Contractor'a directly pertinent books, documents, papers. or other racorda ImIoMng transactions related to this contract for the purpose of making audit. examination. excerpts, and transcriptions.

form HUDa7C1-C (1012006)

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(b) The Contractor agrees to Include In flrst-tler subcontracts under this contract e clause substantially the same as paragraph (a) above. ·Subcontracl,· as used In this clause, excludes purchase orders not exc:eedlng $10,000.

(c) The periods of ac:ceas and examination In paragraphs (a) and (b) above for records relating 10: (I) appeals under the clause titled Disputes; (II) litigation or settlement of claims arising from the performance of this contract; or, (01) c:osIs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized rapresenmtlwts 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, aU proprietary interest In, and the right 10 full and udusive possession of all Information, materials and documents dlscovared or produced by Contractor pursuant 10 the terms of this Contract, Including but not limited 10 reports, memoranda or letters concerning the research and reporting tasks of this Contract.

8. Energy EffIciency

The contractor shall comply with all mandatory standards and policies ralaUng to energy efficiency which ara contained In the energy conservation plan issued In compliance with the Energy Policy and Conservation Ad (Pub.L. 94-163) for the Slate In which the work under. this contract Is performed.

7. Dlsputas

(a) All disputes arising under or ralatlng 10 this c:ontrac:t. !l!i!Rl lor disputes adsIng under clauses qpntalnedln SectIqn 10. LBbqr Standards fJptdsIons. including any claims for damages for the alleged bJ8ach thara of which ant not disposed of by agreement, shaD 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 shan be subject 10 a written decision by the HA.

(c) The HA shall, with reasonable promptness, but In no event In no mora than 60 days, render a decision concernJng any claim hera under. Unless the Contractor, within 30 days after receipt of the HA's dedslon. shall notify the HA In writing that It takes exception to such decision, the decision shall be final and conclusive.

(d) ProvkIed the Contractor has (I) glYan the notice within the time stated In paragraph (c) above. and (D) excepted Its claim relating 10 such decision from the final ralease. and (III) brought suit against the HA not later than one year after racelpt of final payment. or If final payment has not been made, not later than one year after the Contractor has had a reasonable time 10 respond to a written request by the HA that It submit a final voucher and release, whichever Is earlier, then the HA's dedslon shall not be ftnaI or conclusive, but the dispute shall be determined on the merits by a court of competent Jurisdiction.

(e) The Contractor shall proceed dD/gently with performance of this contract, pending final resolution of any request for rallef, claim, appeal. or action arising under the contract, and comply with any decision of the HA

8. Contract Termlnallon~ Debannent

Section /- Page 2 of 6

A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or danlal of participation In HUD programs as a Contractor and a subcontractor as provided In 24 CFR Part 24.

I. 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 10 a bank, trust company. or other financial InstItuIfon.1f the Contractor Is a partnership. this c:ontracl shall Inure 10 the benefit of the survMng or ramalnlng member(s) of such partnenlhlp approved bytheHA.

10. Certificate and Release

Prior 10 final payment under this contract, or prior 10 settlement upon termination of thla contract, and as a condition precedent thereto. the Contractor shall execute and deliver 10 the HA a certificate and ralease. In a form acceptable 10 the HA. of aD c:IaIms against the HA by the Contractor under and by virtue of this contract, other than such claims. If any, as may be apaclflcally excepted by the Contractor In stated amounts set forth thenrin.

11. Organizational CentlIcta of Interest

(a) The Contractor warrants that 10 the beat 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 Interasts era such that: (I) Award of the contract may result In an unfair

competitive advantage; or (il) The Contractor's objectivity In performing the contract

work mey be Impahed. (b) The Contractor agrees that If after award It dlacovers an

organizational confIIcl of IntenIst with respect 10 this contract or any teskldellvery order under the contract, he or she shall make an Immediate and full dlscloaureln writing to the Contracting OIftcar which shaD Include a description of the ac:tfon which the Contractor has taken or Intends 10 take 10 eliminate or neutralize the conflict. The HA may. however, terminate the contract or laskldellvery order for the convenience of the HA If It would be In the best Interest oftheHA.

(c) In the event the Contractor was awara of an organizational conflict of Inlarest before the award of this contract and Intentionally did not disclose the conflict 10 the Contracting Officer, the HA may tenninate the contract for default

(d) The terms of this clause shaD be Included In all subconlnH:l8 and consulUng agreements wherein the work 10 be performed Is slmUar 10 the service provided by the prime Contractor. The Contractor shan Include In such subcontracts and consuIIIng agreements any necessary provisions 10 eliminate or neutralize conf\!c18 of Interest.

12. Inspecllon and Acceptance

(a) The HA has the right to review. require correction. If necessary. and accept the work products produced by the Contractor. Such nwlew(s) shall be can1ed out within 30 days so as to not Impede the work of the Contractor. Arty

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product of wor1c shan be deemed accepted as submttted If the HA does not Issue written comments and/or required corrections wIIh/n 30 days from the date of receipt of such product from the ContradDr.

(b) The Contractor shall make any required correcIfons promptly at no additional charge and retum a revi8ad copy d the product to the HA within 7 days of notification or a later date if exl8nded by the HA.

(c) Failure by the Contractor to proceed with reasonable promptness to make necessery comICtIons shaD be a default. If the ContracliOr's submission of correcIed work remains unacceptable, the HA may tennlnate this contract (or the task order Involved) or reduce the contract price or cost to reftect the reduced value of seMces received.

13. Interest of Members of Congress

No member of or delegate to the Congress of the United States of Amerfca or ReaIdent Commissioner shall be admilled to any share or part of this contract or to any benefit to arlaelhere 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 1IembeIs. otnoe .... or Employees and Fonner MemIIers. 0ftIcera, or EmpIoreee

No member, officer, or employee of the HA. no member of the governing body d the locality In whlch the project Is situated, no member of the governing body In which the HA was activated, and no other pubfc offlc/al of such locality or localities who exercises any functions or responsIbifttles 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. UmJta1fon on Payments to Inftuence Ceitaln Federal T ....... ctlOII8

(8) Definltfon8. As used In this dauae: "Agent:tj', as defined In 5 U.S.C. 552(f), Includes Federal

executive departments and agencies as waD as Independent regulatory commI88Ions and Government corporatfons, as defined In 31 U.S.C.9101(1).

"Covered Federal JdIat{' 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 Joan; (Iv) The entertng·1nto of any cooperatfve agreement; and, (v) The extension, continuation, renewal, amendment, or

mod/ftcaUon of any Federal contract, grent.Ioan, or cooperallYe agraemant.

Covered Federal action does not Indude receiving from an agency a commlIment pruvfdlng for the United Slates 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 AaaIstance Act (25 U.S.C. 4508). A/a8Ican NatIves are Included under the deftnItIons of Indian tribes In that Ad.

"Influencing or attemptfng to Influence" means maIdng, with the Intent to Influence, any communication to or appearance before an officer or employee of any agency, a Member d Congress, an officer or empIo)<ee of Congress, or an employee of a Member of Congress In COla I8CIIon with any covered Fed8181 ac:tion.

SectIon I - Page 3 of 6

"Local govemmenr means a unit of government In a State and, If chartered, established, or otherwise recognized by a State for the performance d a govemmenlal duty, Including a IocaJ public authority, a special dlalrict. an Intrastate dlsbtct, a council of governments, a sponsor group representallYe organization, and any other instrumentality of a local government

"Officer or employee of an agency" Includes the following Individuals who are ~ by an agency:

(I) An IndMduaI who Is appointed to a position In the Government under 1ftIe 5, U.S.C., Including a position under a temponll)' appointment

~I) A member of the Wllformed services as defined In sedIon 202, title 18, U.S.C.;

(In) 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 Fedaral AdvIsory Committee Act. tIIIe 5, appendix 2.

"Person" means an IndiYldual, corporation, company, assodaIIon, authortty, ftnn, partnership, society, State, and JocaI gowmvnent. regardless of whether such entity Is operated for profit or not for profit. ThIs tarm exdudas an Indian tribe, tribal organization, or other Indian 0Ig8I'dzatI0n with respect to expenditures specfftcaUy permltled by other Federal law.

"Rec:Ipfent" Includes all contracfora, subcontractors at any tier, and aubgrantees at any tier d the raclplent of funds received In connecllon with a Federal contract, grant, loan, or cooperative agreemenl The term excJudes an Indian tribe, tribal organization, or any other Indian orgBIlIzaIIon with respect to expenditures specIftcaIJy pennlItad by other Federal Jaw.

"Regularly empJO)'ed means, with respac:t to an ofIIcer or employee of a person requesting or receiving a Federal contract. grant. Joan, or coopenIIIve agnMtIII8ftt, an oIIIcer or employee who Is emp/c¥Id by such person for at Ieaat 130 working days within one year JmmedIateIy preceding the date of the submission that fnfUatas agency consideration of such person for receipt of such con1ract, grant, Joan, or cooperallYe agreement. An ofticer or empJ¥e who Is employed by such person for less than 130 wortdng days within one year immediately pracedJng the date of submIsaIon that initiates agency consfdefaIIon of such person ahall be conaJdared to be regularly employed as soon 88 he or she Is employed by such pet8OI"I for 130 working days.

"State· means a State of the United States, the DI8IrIct of Columbia, the Commonwealth of Puerto RIco, a teniIory or poIaesllon of the UnIted States, an agency or Instrurnantallty of a State, and a muItI-State, regional, or Interstate entity having govemmenlal duties and powers. (b) ProhIbIIIo n.

(I) Sadlon 1352 oflllle 31, U.S.C. provides In part that no appropriated funds may be expended by the recipient of a Federal contract. grant. loan, or cooperetIve agreement to pay any person for Influenc:lng or attempting to Jnftuence an oIIIcer or ernp/c¥Mt 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 foJIowIng covered Federal actlons: the awarding of any Federel contract, the maldng of any Federal grant, the making of any Federal loan. the entering Into of any cooperaIIwt agraament, and the exIen8fon, continuation, renewa~ amendment. or modification of any Federal contnIct, grant. loan, or cooperative agreement.

(11) The prohlbJUon does not apply 88 foDowe:

Farm HUl).U7Q.C (1012006)

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(1) Agency and IegJslative liaison by Own Employees.

(a) The prohibition on the use of appropriated funds, In paragl8ph (I) of ChIs section, does not apply In the case of a payment of reasonable compensation made to an oflicer or employee of a person requesting or receiving a Federal contract. grant, loan, or cooperative agl1Htment, If the payment Is for agency and legislative acUvlllea not directly related to a covered Fedel8l action.

(b) For purposes of p&ragl8ph (b)(JX1 Xa) of this clause, providing any Information specifically requested by an agency or Congress Is pannIIted at anytime.

(e) The following agency and legislative liaison activities are permitted at any time only where they are not related to a spedllc solicitation for any covered Federal action:

(1) DIscussing with an agency (including individual demonstrations) the quaUtles and characteristics of the parson's products or services, conditions or terms d sale, and seMce capabilities; and,

(2) Technical discussions and other actlvlUes regarding the application or adaptation of the person's products or services for an agency's use.

(d) The following agency and legislative Dalson aCllviUes 818 pannHted where they 818 prior to formal solicitation of any covered Federal action:

(1) Providing any Infonnallon not specifically requested but necessary for an agency to make an Informed decision about Initiation of a CCMIRId Federal action;

(2) Technlcel d1SCUS81ons regan:llng the preparetIon dan unsolicHad proposal prior to Its ofIIcIaJ submlaslon: and

(3) Capability presenlatlons by parsons seeking awards from an agency PUl8uant to the plOYlalons of the SmaD Suslnaas Act, es amenclecl by Public Law 95-607 and other subsequent amendments.

(e) Only those activities expressly authorized by subdivision (b)(II)(1 )(a) of ChIs clause 818 pennllted under this dause.

(2) Profeaa/onal and technical sarvlces. (a) The prohibition on the use of appropriated

funds, In subparagl8ph (b)(I) of this dauaa, does not apply In the case of-(I) A payment of reasonable compensation

made to an oflIcer or employee of a parson requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal actIon,lf payment Is for professional or technical aarvIces rendered dll8ctfy In the praparatlon, submission, or negotiation of any bid, propasaI, or application for that Federal action or for meeting requIramenta Imposed by or PUl8uant to law es a condition for receiving that Federal action.

(Ii) Any reasonable payment to a pelSOR, other than an oIIIcer or empk¥le of a

person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modlficatIon of a covered Federal action If the payment Is for professional or tedmlcal aarvlces rendered dlrecUy In the preparation, submission, or negotiation of any bid, proposal, or application for thet Federal acIlon or for meeting requirements Imposed by or pursuant to law as a condlIlon for receiving that Federal action. PeISonS OCher than ofIIcera or employees of a person requesting or receiving a covered Federal action Indude consultants and trade assodations.

(b) For purposes ofsubdlvlslon (b)(J1)(2Xa) of dause, "profeaa/onaJ and technical services" shaU be limited to advice and analysts directly applying any professional or technical dlsclpftne.

(e) Requirements Imposed by or pursuant to law as a condition for receiving a covered Fedel8l awardlndude those required by law or reguJatIon. or reasonably expected to be required by law or regulation, and any other requirements In the actuaJ award documents.

(d) Only Ihose services 8lCpI8SS/y authorized by subdivisions (b)(U)(2)(a)(J) and (II) of this aactIon 818 permIttecI under this dause.

(iii) SeIling activities by Independent sales rapresentatIves.

(e) The prohibition on the usa of appropriated funds, In aubpal8graph (b)(J) of this dausa, does not apply to the following seiling acIIvItIes before an agency by Independent sales repreaeldatlves, provided such activities are prior to formal soIlcltation by an agency and are spedllca\ly limited to tha merits of the mailer: (i) DIscussing with an agency (lnc/udlng Individual

demonatratfon) the qualities and chal8cterfatlca of the person's produds or senrices, conditions or tenns of sale, and service capebIJltIes; and

(II) Tec:hnlcal dlsc:usalons and other activities regarding the application or adaptation of the penson's products or aarvlces for an agency's USB.

(d) Agreement. In accepllng any contract, grant, cooperative agreement. or loan resuJtIng from this solicitation, the person aubmlWng the offer agrees not to make any payment prohibited by this clause.

(e) PenaltIes. Any person who makes an expendltwe prohibited under paragraph (b) of ChIs clause shall be subject to dvII penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Govemment from seeking any other remedy that may be applicable.

(f) Cost Aflowablllty. NothIng In this dause Is to be Interpreted to make aUowable or reasonable any coats which would be unallowable or unreasonable In accordance with Part 31 of the Fedel8l Acquisition Regulation (FAR), or OMS CIrculars dealing with cct;1 aUowablllly for recipients of esaIstance agreements. ConveI8eIy, coats made speciflcaUy unallowable by the requirements In this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMS Cln:ulal8.

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11. Equal Employment Opportunity

During the performanc:e of this contract. the Contractor agrees asfollcMa: (a) The Contractor shaD not discrlmfnate against any employee

or applicant for employment because of race, color, raHglon, sex. or national origin.

(b) The Contractor shall take afIIrmalive acUon to enaura that applicants are employed, and that employees are trealed during employment without regard to their race, color, refIgIon, sex. or national origin. Such action shall Include, but not be limited to (1) employment; (2) upgrading; (3) damoUon; (4) transfer; (5) racrultmenl or racrultment adveItIsIng; (I) fayotf or 1BnnInatIon; (7) rates of pay or other forms of compenaatlon; and (8) selection for training, Includlng apprenticeship.

(c) The Contractor shall post In conspicuous places available to employees and applicants for employment the noIlcea to be provided by the Contrac:tIng Offtcer that explain this dau&e.

(d) The ContracIDr shall, In aU solicitations or advertisements for employees placed by or on behalf of the Contractor, state thai aD qualified applicants will receive conslderaUon for employment without regard to race, color, religion, sax. or national origin.

(e) The Contractor shaD send, to each labor union or reprasentallve of WOIUrs with which It has a coIIedIve bargaining agraement or other contract or undenslandlng, the nOUea to be provided by the Contracting Officer advising the labor union or work8l8' rapresantatIve of the Contractor's comrnIbnents under this clause, and post copies of the notIca In conspicuous places available to emp/oyae& and applicants for em~nt.

(f) The ConIrac:tor shall comply with ExecutIve Order 11246, as amended. and the J'UIes, IIIfJUIatfons, and orders of the Secratary of Labor.

(9) The Contrac:tor shall furnish alllnformsUon and rvports required by ExeaIIIve Order 11248, a8 amended and by rulas. regulations. and orders of the Secratary of Labor, or pursuant therato. The Contractor shaIJ permit access to Ita books, raconIs, and ac:c:ounla by the SeaeIary of labor for purposes of Investigation to ascertain compliance with such rules, ragulallon8, and orders.

(h) In the event of a detarmInaIIon thallhe Contractar Is nat In compliance with this clause or any rule, regulaUon, or order of the Secratary of Labor, this contract may be c:anceled, term~, or suspended In whole or In part. and the Contractor may be declared Ineligible for furiher Gowmment contrac:ls, or federally 8S8IaIed construction contrac:ta under the procedures authorized In Executive Order 11246, as amended. In addlllon, sanctions may be Imposed and ramedles Invoked against the Contractor as provided In Exec:uIIve Older 11248, as amended. the rules, regulations, and ord818 of the Secratary of Labor, or as otherwise provided by law.

(I) The Contractor shall Include the terms and conditions of this clause In every subcontract or purchase order unless exempted by the rules, ragulaUons, or orders of the Secralary of Labor Issued under ExecutIve Order 11246, .. amended, so that these IannB and conditions will be blndlng upon each subconlrat.!or or vendor. The Contractor shall take such action with respect to any subcontractor or purchase order as the Secratary of HousIng and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, Including sanctionB for noncompliance; provided that If the

SectIon I - Page 5 of 6

Contractor becomes Involved In, or Isthraatened with, OIgation with a subcontractor or vendor a8 a rasuH of such direction, the Contractor may request the United States to enter Into the IIIIgatIon to protect the Interests of the United States.

11. DIsaemInaUGn or DIscIoaura of InronnaIIon

No information or material shall be disseminated or disclosed to the general public, the news media, or any person or organlzaUon without prior express wrIUen approval by the HA.

18. Contractor's Status

H Is understood that the Contractor Is an Independent contractor and Is not to be considered an employee of the HA. or assume any right. privilege or duties of an emplo)<ee, and shall save harmless the HA and lIB employees from claims suits, actions and costs of every descrlpUon rasultlng from the ConIracto(s actlvllles on behalf of the HA In connection with this Agraement.

11. OIlIer Contractors

HA may undertake or award other contracta for additional WOlle at or near the sIte(s) of the WCJIt( under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD empI0)'88S and shall c:arafuIIy adapt scheduling and performing the work under this contract to ac:cornmodate the additional work, heeding any direction that may be provided by the ContractIng Offlcer. The contractor shaD not commit or pennIt any act that wIIIlnterfer8 with the performance of work by any other contractor or HA empJoyee.

20. LIens

The Contractor Is prohibited from placing a lien on HA's property. ThIs prohibition shaD apply to all subcontractors.

21. Training and Emptoyment 0pp0Ibm1tlae for Realdenta In the Project Area (SectIon 3, HUD Ad of 1968; 24 CFR 135)

<a) The work to be performed under this contract Is subject to the requJremenls of section 3 of the HousIng and Urtlan Development Ad. of 1988, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 318 to ensure that employment and other economic opportunities generated by HUD 8118istance or HUD-assJsracI proJecIs coverad by aectlon 3, shaU, to the greatest extent faas/ble, be dfnIdad 10 low- and very Jow../ncome persons, partlcularfy persons who are raclp/ents of HUD asaIafanc:e for housing.

(b) The parties to this contract agree to comply with HUO's regulations In 24 CFR Part 135, which Implement section 3. As evfdenced by theJr uec:ut/on of fhl8 contrac:t. the patties to this contract certify that they are under no conIractuaI or other impediment that would prevent them from complying with the Part 135 regulations.

(c) The contractor &graas to send to each labor organJzaUon or raprnentative of WOIUrs with which the contractor has a collective bargaining agraement or other understanding. If any, a notice advising the labor organ/2atIon or workers' reprasentatlve of the contractor's commitments under this sec:IIon 3 clause, and will post copies of the notice In conspicuous places al the work lite where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall sel forth minimum number and Job titles subject 10 hire, avaDablllty of

Form HUD-53700C (1012006)

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apprentlceahlp and training positions, the quallllcatlons for each; and the name and location of the person(s) taking appRcaUons for each of the positions: and the anticipated date the work shall begin.

(d) The contrac:IDr agreas to Include this sec:IIon 3 clause In every subcontract aubjec:t to compliance with regulations In 24 CFR Part 135, and agrees to take appropriate action, as provided In an applicable provision of the subcontract or In this section 3 clause, upon a finding that the subcontractor Is In violation of the regulations In 24 CFR Part 135. The contrac:torwlll not subcontract with any subc:onlrador whera the conlnlcfor has notice or knowIadge that the suhcontractor has been found In violation of the regulations In 24 CFR Part 135.

(e) The contractor wID certify that any vacant employment positions, Indudlng training positions, that are filled (1) after the contractor Is salec:led but before the contract Is executed, and (2) with pel80lls other than thole to whom the regulations of 24 CFR Part 135 require employrnant opportunftlea to be directed, were not fiDed to c:ln:umvent the conIrIcIor'8 obIIgaUona under 24 CFR Part 135.

(f) Noncompliance with HUO's regulations In 24 CFR Part 135 may result In sanctions, tennlnaUon of this conlrac:t for cfefauH, and debarment or suspension fIom future HUO asalated contracts.

22. Procurement of RacowrecI Mabtl'lals

(a) In accordance with Section 6002 of the SoUd Waste Olsposal Act, as amended by the Resource Conaervatron and Recovery Act. the Contractor shall ptUCUf8 ftema designated In guldelfnas of the Environmental Protection Agency (EPA) at 40 eFR Part 247 that contain the highest percentage of recovered materials pntCtIcabre, consistent with maintaining a sallsfactory level of compeIIUon. The Contrac:tar shaD proaJre IIem8 dasIgnated In the EPA guidelines that contain the hlghast percentage of recovered materials pracUcable unless the Contractor determines that such Items: (1) are not reasonably available In a reasonable period of time; (2) faD to meet reasonable peIformanc:e standards, which shall be determined on the blsls of the guldelJnas of the NatIonal 1nst11u18 of Standards and Techi'IoIogy, If applicable to the Item: or (3) are only available at an unreasonable price.

(b) Paragraph (a) of this clause shall apply to Items purchased under this contract where: (1) the Contractor purchases In excass of $10,000 of the Item under this contrac:t or (2) during the pracedlng Federal ftscaI year, the Contractor: (I) pun:ha8ed any amount of the Itema for use under a conIrac:t that was funded with Federal appraprfatIona and was with a Fedenli agency or a State agency or agency of a political subdivision of 8 State: and (II) pun:hased a total of In excess of $10,000 of the Hem both under and outside !hat contract.

Sectfon I - Page 6 of 6 Form H1JD.537CJ.C (10J2008)

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General Conditions for Non-Construction Contracts

U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations Section II - (With Maintenance Work) OMB Approval No. 2577-0157 (exp. 1/01/2014)

Public ~epo~ln.g Burden for this collection of info~ati~~ is estimated to average 0.08 hours per response, induding the time for reviewing instructions, searching eXisting data. sources, gat~ering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding thiS burden estimate or an~ other .a~pect of this collection of information, including suggestions for reducing this burden, to the Reports Ma~agement Officer, Office of Information PoliCies and Systems, U.S. Department of Housing and Urban Development, WaShington, D.C. 20410-3600. and to ~e Office of Management and Budget, Paperwork Reduction Project (2577-0157). Washington. D.C. 20503. Do not send this completed form to either of these addressees.

Applicability. This fonn HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

1) Non-construction contracts (without maintenance) greater than $100,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2.000 but not more than $100,000 - use Section II; and

3) Maintenance contracts (including non routine maintenance), greater than $100,000 - use Sections I and II.

==================================================== Section II - Labor Standard Provisions for all Maintenance Contracts greater than $2,000 ====--======--==--=====--===--=========-======= 1. Minimum Wages

(a) All maintenance laborers and mechaniCS employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly. and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed. without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided. that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination. including any additional classifications and wage rates approved by HUD under subparagraph 1 (b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met:

(1) The work to be performed by the classification required is not performed by a classification in the wage determination;

(2) The classification is utilized in the area by the industry; and

(3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination.

(ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work

Section II - Page 1 of 3

2.

in the classification under this Contract from the first day on which work is performed in the classification.

Withholding of funds

The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

3. Records

(a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (i) Name, address and Social Security Number; (ii) Correct work classification or classifications; (~ii) Hourly rate or rates of monetary wages paid; (IV) Rate or rates of any fringe benefits provided; (v) Number of daily and weekly hours worked; (VI) Gross wages earned; (vii) Any deductions made; and (viii) Actual wages paid.

(b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its deSignee may. after written notice to the Contractor take such action as may be necessary to cause the susPenSion of any further payment, advance or guarantee of funds.

4. Apprentices and Trainees

(a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: (i) A bona fide apprenticeship program registered

with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of

form HUD-5370..c (1012006)

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Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice;

(ii) A trainee program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or

(iii) A trainingltrainee program that has received prior approval by HUD.

(b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice'sltrainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.

(c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program.

(d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

(e) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

5. Disputes concerning labor standards

(a) Disputes arising out of the labor standards provisions contained in Section II of this form HUD-537O-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD's own motion, upon referral of the HA, or upon request of the Contractor or subcontractor(s). (i) A Contractor and/or subcontractor or other

interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set

Section \I - Page 2 of 3

forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD).

(ii) The HA or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation. The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations.

(iii) The Regional labor Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional labor Relations Officer's decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final.

(b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-537OC. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives.

6. Contract Work Hours and Safety Standards Act

The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" includes watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor

contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any

form HUD-537O-C (1012006)

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subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of worK done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to worK in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause.

(c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause.

7. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section" and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses.

8. Non-Federal Prevailing Wage Rates

Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or pOSition employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position.

Section II - Page 3 of 3 form HUD-5370·C (10/2006)

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OMS Approval No. 2577-0157 (Exp. 03/31/2020)

Certification of Payments to Influence Federal Transactions

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Apphcant Name

Program/Activity Receiving Federal Grant Funding

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec­tion with 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.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

I hereby certifY that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

Name of Authorized Official Title

Signature Date (mmlddlyyyy)

Previous edition is obsolete fonn HUe 50071 (01114) ref. Handbooks 7417.1,7475.13,7485.1, & 7485.3

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DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: D a. contract

b. grant Da. bid/offer/application

b. initial award D a. initial filing

b. material change c. cooperative agreement c. post-award For Material Change Only: d.loan year quarter e. loan guarantee date of last report f. loan insurance

Approved by OMS

0348-0046

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name o Prime o Subawardee and Address of Prime:

Tier , ifknown:

Congressional District, if known: 4c Congressional District, if known : 6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable:

8. Federal Action Number, if known: 9. Award Amount, if known:

$

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if ( if individual, last name, first name, M/): different from No. 10a)

(last name, first name, M/):

11 Information requested through this form Is authorized by title 31 u.s.c. section • 1352. This disclosure of lobbying activities is a matenal representation of fact

Signature: upon which reliance was plaoed by lIle tier above when this lransaction was made Print Name: or entened into. This discfosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fall. to file the

Title: required disclosure shall be subject to a civil penally ofnotiess than $10,000 and not more than $100,000 for each such failure.

Telephone No,: Date:

Federal Use Only: I Authorized for Local Reproduction

Standard Form LLL (Rev. 7-97)

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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make paymentto any lobbying entity 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 employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report In item 4 checks "Subawardee;then enter the full name, address, city, State and zip code of the prime Federal

recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For

example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance

(CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001.·

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan

commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting

entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and

Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.