REQUEST FOR PROPOSALS - RFQ – 2024-701
FEE DEVELOPER
MOON ROAD DEVELOPMENT
7590 Moon Road
Columbus, Georgia 31909
February 13, 2024
Dear Potential Offeror:
The Housing Authority of Columbus, Georgia is soliciting proposals for:
SOLICITATION TYPE:
Request for Qualifications (RFQ) – 2024-701
DESCRIPTION:
Fee Developer for
Moon Road Development
RFQ PACKAGE:
ISSUE DATE:
RFQ Package Available from Housing Authority of
Columbus, Georgia at https://www.columbushousing.org
under the Do Business tab.
February
13, 2024
PROPOSAL DUE DATE AND TIME:
March 4, 2024, by 4:00 p.m. Eastern Time
PROPOSAL SUBMISSION PLACE:
Bidsubmittals@columbushousing.org or
Housing Authority of Columbus, GA
1000 Wynnton Road
Columbus, GA 31906
DIRECT INQUIRIES TO:
Housing Authority of Columbus, GA
Email: RFPupdates@columbushousing.org
Note: All inquiries must be submitted in writing by email no later than Monday, February 26, 2024, by 4:00 p.m.
Eastern Time. Answers to all inquiries will be issued by Addendum to this RFQ and published at
www.columbushousing.org
under the “DO BUSINESS” tab.
All inquiries must be in writing. Violation of the foregoing may result in disqualification of Vendor to
participate in this RFQ. No oral conversations or agreements with any officer, agent, or employee of HACG
regarding this RFQ are authorized. Telephone inquiries will not be accepted.
HACG reserves the right to, and may, amend, modify, or cancel this RFQ without prior notice, at any
time, at its sole discretion. If it becomes necessary to revise or supplement any part of this RFQ, vendors
will be notified via Addenda. Please check website periodically to check for Addenda that may be added.
Additionally, HACG reserves the right to increase, reduce, add, or delete any item to this solicitation as
deemed necessary where it is consistent with HACG’s policies to do so.
TABLE OF CONTENTS
Request for Qualifications (RFQ) 2024-701
This request for qualifications (RFQ) consists of the following documents:
Request for Qualifications
1. Introduction
2. Summary of Objectives
3. Scope of Work
4. Socioeconomic Participation
5. Financial Structure Objectives of HACG
6. Property Management
7. Community and Supportive Services
8. Submission Requirements
9. Evaluation Criteria
10. Selection Process
11. General Information
Submission Format
Offerors have two options for proposal submissions.
Option 1 – Submission can be emailed using a Dropbox link to Bidsubmitta[email protected]. Offerors
must clearly coordinate proposal response information with each Submission Requirement item. Separate folders
titled for each section. Please reference RFQ Number: 2024-701 on submission.
Option 2 – Offeror must assemble submissions in the order described below and submit a minimum of four (4)
copies of proposals in 3-ring binders with tabs clearly identifying each section. Offerors must clearly coordinate
proposal response information with each Submission Requirement item. Please reference RFQ Number: 2024-
701 on submission.
For hand-delivery or delivery service:
The Housing Authority of Columbus, Georgia
Attn: Laura Johnson, Chief Real Estate Officer
1000 Wynnton Road
Columbus, GA 31906
Any proposal received after the due date and time will not be accepted and will be returned to the vendor
unopened.
REQUEST FOR QUALIFICATIONS (RFQ) – 2024-701
1. INTRODUCTION
The Housing Authority of Columbus, Georgia (HACG) was created in 1938 and is a public body, both
corporate and politic, governed by a seven-member Board of Commissioners appointed to terms by the Mayor
of the Columbus Consolidated Government. Its mission is: “To provide more quality affordable housing in
various areas of our community that offer opportunities for individuals and families to become self-sufficient
and improve their quality of life.” HACG is one of the first of 39 HUD designated Moving To Work (MTW)
agencies in the country. The MTW designation has propelled HACG to accomplish its mission by allowing for
redevelopment and Rental Assistance Demonstration (RAD) conversion.
HACG has successfully implemented HUD modernization projects for its properties throughout the years;
projects which have varied in complexity, budget size and schedule duration. HACG first initiated its
development experience with a multi-phase, mixed finance and tax credit redevelopment program in 2003 with
its successful HOPE VI award for the former Peabody Apartments (Ashley Station). This project was followed
by multiple redevelopments at Baker Village (Arbor Pointe I and II and The Cottages), Chapman Homes
(Patriot Pointe), Booker T. Washington (Columbus Commons), Chase Homes (The Banks at Mill Village), and
Warm Springs Senior Village. In 2016, HACG as sole developer, implemented the RAD I program which
included the rehabilitation of four (4) separate public housing communities (Wilson Homes, EJ Knight,
Nicholson Terrace, and Farley Homes).
2. SUMMARY OF OBJECTIVES
The intention of this Request for Qualifications (RFQ) is to procure a qualified “Fee Developer” (herein after,
Developer) to enter into a Redevelopment Agreement for the creation of a master-planned community on a 21.5-
acre site currently owned by the Housing Authority of Columbus, Georgia (HACG) located 7390 Moon Road,
7400 Moon Road, 7590 Moon Road, 7588 Cooper Creek Road, and 7865 Cooper Creek Road, Columbus, GA.
The overall development will consist of 2 to 3 phases. HACG intends to leverage current funding with additional
resources and mixed financing options. Mixed finance options may include the Low-Income Housing Tax Credit
Program (LIHTC), and other federal, state, local and private financing options that may be available. Phase 1
will consist of the development of senior (55+) multifamily housing. The selected Developer and HACG will
develop jointly a new mixed-use, mixed-income community.
3. SCOPE OF WORK
General Requirements. Prospective proposers shall examine the proposed Program parameters outlined
herein and respond to with proposals that are responsive to the market, and the environment. Services may
include but are not limited to:
Development Services
• Financing Strategy (including options and requirements)
• Planning and Design
• Site Master Planning
• Architectural and Engineering Review
• Mixed-Income Housing Development
• Mixed-Income Housing Financing Options
• Low-Income Housing Tax Credit Participation
• Obtain permits, approvals and environmental clearances
• Participation in Community Meetings
• Participation in Jurisdictional Meetings
• Arrange financing and provide all required guarantees
• Site Preparation
• Infrastructure
• Construction
3.1 Roles and responsibilities of Developer. The selected Offeror will be expected to successfully work with
HACG as the Developer for the implementation of the development project. Of specific interest to
HACG is the provision of the requisite information to enable HACG to act as its own developer in future
transactions.
The specific duties of the Developer include, but are not limited to the following:
• Design and construction of any new public infrastructure and site improvements
• If required, participate in master planning in partnership with HACG, any Development Consultant Team,
and community stakeholders and residents, if applicable.
• Assist HACG to secure all project financing including: LIHTC resources, First Mortgage Debt, etc.
HACG will be involved with all discussions/negotiations with financial resources.
• Design and construction of all rental housing for Phases
• Use of an inclusionary process to involve HACG staff in the development process
• Operation, leasing and management of the new housing to allow for prompt transition
of the rental property management to HACG staff within 24 months or less.
• Provide capacity building training and assistance to HACG in all phases of
development, construction, management, and compliance
The specific role and duties of the selected Developer will be finalized during negotiations with HACG
and documented in the Revitalization Agreement identified below.
3.2 Roles and responsibilities of HACG. HACG intends to be a full and equal partner in the development
process. HACG will have various specific roles as ground lessor, lender, and overseer of program
compliance with respect to housing units. Each role is discussed briefly below. So long as the selected
Developer observes HACG’s proper interests and public obligations with respect to those roles, HACG
intends to respect the creativity, expertise and business requirements of the selected Developer. HACG
will expect the selected Developer to respect it as the Project Owner and keep it fully informed and to
secure advance consent to all significant decisions and public positions.
3.3 Revitalization Agreement
HACG and the successful Developer will negotiate to enter into a Revitalization Agreement describing
the relationship of HACG and the Developer and the roles and responsibilities of each party. The
successful Developer will undertake the redevelopment of the New Community according to the terms
and conditions of the Revitalization Agreement.
HACG contemplates that the Revitalization Agreement will provide for the selected Developer to assist
HACG with, or perform on its behalf, remediation, site restoration, and master planning. HACG proposes
to compensate the selected Developer for some or all of these services. The Revitalization Agreement
further sets forth the assistance the HACG is prepared to provide the selected Developer, conditions on
that assistance, and requirements for closing each development phase. At each such development phase
closing, phase-specific documents will be executed including, but not restricted to, a Ground Lease,
Regulatory & Operating Agreement, and Housing Authority Mortgage Loan Agreement/Note/Mortgage.
3.4 HUD Requirements
Because HACG will be providing capital and operating funding with funds provided to it by
HUD, certain HUD approvals will be required as set forth in the Federal Regulations at 24 CFR
Part 941, Subpart F. Generally speaking, HUD will release predevelopment funds to HACG upon an
appropriate showing of need and good stewardship. HUD will release development funds only after
approving first a Mixed-Finance Proposal, and then evidentiary documents which will generally be all
significant closing documents.
HACG’s Development Team, is experienced with these procedures and will have responsibility for
submissions to and negotiations with HUD in conjunction with HACG Legal Counsel, based on
development materials prepared by the selected Developer and acceptable to HACG. However, in
both development and operating matters, public housing requirements may require a different approach
or additional procedures from those to which an Offeror is accustomed. HACG will provide assistance
and guidance to the selected Developer in these matters.
4. SOCIOECONOMIC PARTICIPATION
It is anticipated that many opportunities will be available for the involvement of minority, women
(M/WBE) and Section 3-owned businesses. HACG has a strong and enduring commitment to such
involvement and believes that Columbus hosts strongly qualified entities in all of those categories. The
selected Developer is expected to ensure significant participation by M/WBE and Section 3 firms
throughout the process.
5. FINANCIAL STRUCTURE OBJECTIVES OF HACG
HACG is interested in a financial structure that accomplishes several objectives. They are:
• Producing the greatest public benefit with the smallest consumption of public resources
• Leveraging HACG’s funds to attract private and conventional sources of capital
• Obtaining a return-on and a return-of the effort and capital invested by HACG
• Retaining title of the underlying land and a first right of purchase of the development to the leasehold
• To be a full and equal partner throughout the entire development process
• Participating in the development fees (minimum of 50/50), stream of income and other financial
compensation derived from the New Community
• Financing the community and supportive services necessary to foster self sufficiency
• Utilizing a development process that can facilitate timely implementation
• Providing performance incentives to the selected Developer
The following sections describe aspects of a legal and financial structure that has been used in other mixed-
finance transactions to accomplish these objectives. HACG will consider other structures that achieve the same
goals for HACG.
5.1 Ownership Structure
An entity (the “Ownership Entity”) will hold title to the improvements for each phase of the New Community.
HACG anticipates it will serve as General Partner in the Ownership Entity. It is contemplated that the Offeror
may have specific day-to-day management and operational authority as determined by the Ownership Entity,
related LIHTC Investors, or Lenders. The actual ownership structure will be determined appropriately in
negotiation with said parties. HACG will expect to participate in the Ownership Entity as an equal partner or as
otherwise necessary to achieve agreed-upon economic participation.
5.2 Ground Lease
HACG will not convey its fee interest in the existing property nor for any property used for rental housing
development but will enter into a long-term ground lease with the Ownership Entity. HACG anticipates that the
term of the ground lease will be not less than 55 years. The amount of annual rent under the ground lease may
or may not be nominal but is subject to negotiation and will be considered as part of the financial incentives
provided to HACG by the Offeror. The ground lease will include restrictive covenants requiring that a
designated number of PHA-Assisted Units will be available for eligible families and subject to certain housing
rules for at least 40 years. At the end of the term of the ground lease, the property and all improvements
thereon will revert to HACG.
5.3 Guarantees
HACG anticipates that the selected Developer will be responsible for all guarantees of completion, operating
deficits, and tax credits compliance required by tax credit investors or lenders during the period of the agreement
with HACG.
HACG anticipates that it will provide working capital as specified in the Revitalization Agreement and will
provide required guarantees for the project financing. HACG will not make any guarantees except as set forth in
the Regulatory and Operating Agreement with regard to operating subsidy for PHA-Assisted Units.
6. PROPERTY MANAGEMENT
HACG requires the New Community to be managed to high standards with effective lease enforcement a priority.
Additionally, the PHA-Assisted Units must be maintained and operated in compliance with all requirements of
LIHTC Requirements, applicable law, HUD regulations, and policies approved by HACG.
The property
management efforts are expected, at all times, to be sensitive to issues facing low- income residents and
to be supportive of Community and Support Services programs provided or arranged for by HACG.
6.1 Post-Development Property Management
No later than closing and property conveyance on any development phase, or as earlier agreed, the Ownership
Entity will assume management through a Management Agent that may be a related entity and must be
acceptable to HACG. The Management Agent must be familiar with certain rules and procedures that accompany
federal housing programs and must meet reporting requirements of the Ownership Entity to HACG, as set forth
in the Regulatory and Operating Agreement. Any assisted units that are also assisted by LIHTC must be
operated in compliance with GHFA requirements. In addition, the Developer/Management Agent will be
required to provide any management certifications required by HUD to qualify for applicable capital and
operating funds.
HACG requires that the Offeror possess or include within its Development Team, the requisite experience to
supervise HACG management of LIHTC housing and provide effective training to HACG in management
and compliance of said LIHTC housing. It is HACG’s intention to use its relationship with the Developer to
further enhance its property management expertise and to share in property management responsibilities.
During the initial twelve months (approximate) after stabilization and operation of the property, HACG
wants, through a mentoring and training process with the Management Agent, to transition into full management
of the property twelve months after stabilization. All management transitions are subject to the approval of the
Owner Entity and LIHTC Investor.
6.2 Site-based Waiting List
The Ownership Entity, through its Management Agent, will develop and maintain a site-based waiting list for
eligible units in the New Community. The site-based waiting list shall be operated in accordance with policies
approved by HACG and adopted as part of its Annual Plan, in accordance with HUD requirements. The
Management Agent shall use the site- based waiting list to select applicants for occupancy, subject to screening
and eligibility requirements. HACG will furnish the Management Agent with the initial site-based waiting list
that will consist of any displaced residents who have indicated a desire to live in the New Community.
7. COMMUNITY AND SUPPORTIVE SERVICES
HACG has formulated and will implement a basic Community and Supportive Services (CSS) program based
on the stated needs of the future or previous residents. Since the majority of the any current site-based residents
are economically disadvantaged, the major thrust of the CSS effort will be a family self-sufficiency program.
HACG will work with local organizations to provide the necessary job training, counseling, job placement and
follow-up assistance, together with limited childcare subsidy, transportation assistance, and other initiatives
aimed at removing barriers to employment.
In addition, HACG will work with other organizations to provide largely in-kind services in other areas identified
in the survey such as youth programs, elderly services, economic development assistance, healthcare,
transportation, and education.
The selected Developer will be expected to coordinate with and support the CSS activities as part of the overall
development effort including potential Section 3 employment opportunities or WBE / MBE enterprises. CORES
certification or partnership with a CORES certified contractor is required by the Developer.
8. SUBMISSION REQUIREMENTS
• The HACG has the right to award a contract to the Proposer whose Proposal is determined by
the HACG to be the most advantageous to the Project.
• Representatives from the HACG (the Evaluation Committee) will evaluate the proposals and
rank them from the mostly likely to the least likely to meet the needs of the HACG. If several
proposals are very closely ranked or for the purposes of additional clarification/information, the
HACG may call for interviews and or product demonstration to assist in the decision-making
process.
• The following selection criteria are anticipated to be weighted in the selection of the successful
Proposer.
Submission Requirements
a. Letter of Interest with requested information and proposed working agreements.
b. Team Experience and Qualifications
1. Team Description
2. Profile of the Developer
3. Profiles of Development Team Members
c. Provision of Community and Supportive Services (CORES Certification)
d. Proposed Developer Approach for HACG Capacity Building
e. Community, Resident and Minority Participation
f. Certification and Assurances
1. Representations, Certifications, and Other Statements of Bidders
2. Certifications and Representations of Offerors (Non-Construction Contract)
3. General Conditions of Non-Construction Contracts
4. Non-Collusive Affidavit
g. Other Attachments
Description of Each Submission Requirement
The instructions below provide guidance on what the submission package should contain and how it should be
organized. Offerors must assemble submissions in the order described below.
a. Letter of Interest - The Developer must provide a letter of interest listing the Developer team members and
identifying the primary contact person. The letter must be signed by an authorized principal of the
Developers’ firm and include a statement that the terms of the offeror’s submission will remain valid for
not less than one hundred eighty (180) days from the due date.
Master Planning/Construction Management
Master Planning or Construction Management Fees for design and construction of the new public
infrastructure. Include any add-ons, staffing costs, or direct reimbursements proposed for the
Developer’s oversight if needed.
Developer Fee Split
Provide the developer fee distribution that you propose for HACG and the Developer recognizing that
HUD approves fees up to 12% unless special justification supports a fee greater than 12% and up to the
15% allowed by the Georgia DCA. Recall that per the RFQ, the Developer will provide assistance in
securing project financing and will be responsible for the design of all rental housing, construction of all
rental housing, and providing construction completion guarantees. Also, recall that HACG is providing
reimbursement for up to 50% of all third-party costs. Include any add-ons, staffing costs, or direct
reimbursements proposed for the Developer’s oversight. The developer fee split between HACG,
and the Developer will be at a minimum 50/50.
Property Management Fee
Specify the proposed property management fee for the initial operation, leasing, compliance, and
management of the rental housing. Specify a proposed date for transition of the rental property
management to HACG.
b. Team Experience and Qualifications
1. Team Description: Provide general information on the Developer and the Development Team, including
the following information:
• Name of Developer and proposed role.
• Main address, telephone/fax numbers and email address of Developer firm.
• Address and telephone number of the office from which services will be provided to the
development (if different from above).
• Contact person, title, telephone/fax numbers and email address.
• Description of the size, number of employees and the current workload of the Developer.
• Identify the individual who will serve as Project Manager for the Developer and who will
direct and coordinate the development effort to completion.
• List the members of the Development Team. All entities that comprise the team should
be identified, indicating their specialization(s) and specific contribution to the team.
Developers are encouraged to include specialists for all components of the program
including design, property management, and legal and financing professionals. With
regard to a construction contractor, please identify a construction partner or provide an
explanation of why and how the construction partner(s) will be selected later.
• Provide a brief narrative description of previous collaborations among some or all
members of the Developer.
• For each discipline represented on your Development Team, indicate whether in your
judgment familiarity with state or local rules, practices, conditions or personnel is
important to the effective accomplishment of the development and, if so, indicate the
extent of and basis for your team’s familiarity.
2. Profile of the Developer: Provide an overview of the Developer’s experience in the design,
construction and management for both redevelopment and development projects using
LIHTC funding. Include the following information:
• Identify all mixed use/mixed finance efforts in which the Developer has been or is
currently involved.
• Provide three examples of previous projects evidencing the Developer’s experience with
successful new construction of multi-family and mixed-use rental properties of similar
size in an urban setting, including any such projects that provide evidence of the
Developer’s experience in utilizing layered financing, including Low-Income Housing
Tax Credits (LIHTC), tax-exempt housing revenue bonds, or other types of funding
programs. State the source and amount of funding for each example. Include information
about rent-up period, current occupancy, income groups served and operating deficit
history.
• List five most recent LIHTC projects successfully completed, identifying the states
where they are located, the size of the tax credit allocations and tax-exempt bond
allocations received, who the investor was and how much the investor paid for the tax
credits (expressed in cents per tax credit dollar), specify the number of units, the unit
size mix, the income groups served and the cost of each project.
• Provide evidence of ability to meet Phase I development requirements, including
information on planned or existing housing development projects, existing financial
commitments and sites under developer control through which the developer could
provide near-term potential off-site housing development opportunities.
• Provide a narrative description of the Developer’s previous expertise in integrating
community and supportive services and Section 3 goals in the overall development and
maintenance of similar projects.
• The Developer has a significant role in this project related to securing LIHTC resources
and complying with LIHTC requirements as Owner, Developer and Manager.
Developers or Development Teams are required to demonstrate to HACG specific
prequalification with the Georgia Department of Community Affairs (DCA) to serve in
these three roles. Provide copies of the GHFA correspondence qualifying the
Developer or appropriate member(s) of the team as “Developer”, “Owner”, and
“Manager” under Georgia LIHTC requirements.
• Provide profiles of key staff, including the Project Manager, who will be involved in the
redevelopment effort. Specify the roles of key staff in carrying out this development
initiative and their previous experience with housing development and redevelopment
efforts. For the Project Manager, and other key staff, identify what commitment of
his/her time you will make if selected; identify the nature and extent of his/her
involvement in other current projects and what adjustments would be made, if any, to
these assignments, if selected.
• Attach financial statements from the Developer or any affiliate who will be providing
guarantees for the project. The financial statement must be current and should show the
assets, liabilities and net worth of the entity. The Developer must also provide the firm’s
most recent financial audit or a current financial statement prepared by a Certified Public
Accountant. Additionally, submit bank references for the Developer. Any entity
whose financial statement is provided may be required to be a party to, or guarantee the
performance of, the Revitalization Agreement and closing documents for any
development phase.
• In addition to the bank references, three relevant references must be submitted for the
Developer. References that are relevant to the scope of work as anticipated in this RFQ
and from among the following entities are desirable.
• Construction lender or Permanent lender
• General contractor on a comparable development
• Low Income Housing Tax Credit limited partner investor
• Prior joint development partner in a comparable development
• A Public Housing Authority or community-based group that has worked with the
Developer on a specific development in which the Developer provided training
and capacity building as described in this RFQ
3. Profiles of Development Team Members:
• For team members not directly employed by the Developer, provide an overview of their
experience in contributing to affordable housing development or redevelopment in a role as
anticipated in your response to this RFQ.
• Provide three examples of projects (completed or underway) evidencing the experience of the
architectural firm with the design of residential developments for LIHTC mixed finance
development or revitalization.
• Three references must be submitted for each member of the Developer. Your architect’s
references should be connected with the projects provided as examples and able to comment
on any issues of cost or feasibility encountered with the designs.
c. Provision of Community and Supportive Services
The HACG intends to implement a Community and Supportive Services Plan that will include any current
residents in the New Community. The HACG may have limited funds available for the provision of community
and supportive services post-revitalization. However, the HACG will view favorably a Developer who can bring
other resources, so that residents have sustained access to the supportive services they need to adequately
provide for the emotional, physical and economic health and well-being of their families. CORES certification
or partnership with a CORES certified organization is required.
In narrative form, please identify the type of on-going community and supportive service arrangements and
partnerships the Developer has either implemented, or arranged, at mixed-income housing developments of
comparable size and complexity in urban areas. Also state the proposed plan for supporting or supplementing
the provision of community and supportive services at the New Community.
d. Proposed Developer Approach for HACG Capacity Building
HACG will use a site-specific Development Program as a vehicle to provide high quality housing for low-
income families within a socially diverse setting and as a means to further enhance the capacity and knowledge
of its staff, increase its familiarity with modern development and property management skills, and strengthen its
financial base. Respondents to the RFQ will be asked to provide methodology and describe their approach to
assisting HACG to meet this requirement.
e. Certifications and Assurances
Offeror must complete and submit the required certifications and assurance forms located in the Appendix, and
may be subsequently required to furnish certifications regarding debarment and suspension, as well as other
standard certifications and reference release forms.
The successful Developer must be willing to comply with all terms and conditions of the RFQ. As a general
requirement, the RFQ specifies that all work is to be performed in accordance with professional standards, HUD
regulations, requirements and criteria and local codes, regulations, ordinances and statutes. It will be the HACG’s
full expectation and a contractual requirement that the successful Developer fully and routinely meet the above
requirements.
f. Other Attachments
Offerors may attach, at the end of their submission, other promotional materials or work products that would
demonstrate their experience and qualifications.
9. EVALUATION CRITERIA
The following evaluation factors will be used in determining the Developers who are deemed within a
competitive range for further consideration. Each submission has a total possible score of 100 points.
Points
Available
Criteria Description of Criteria
45 points
Experience and Capacity
of the Developer
The degree to which the Developer demonstrates:
•
Successful experience in the design and construction of mixed-
income and mixed- use housing development projects of
comparable size and complexity in urban areas;
•
Ability to obtain, structure and implement layered financing
(including LIHTC in Georgia) for such projects;
•
Financial capacity (of the developer/provider of guarantees);
•
Familiarity with requirements applicable to mixed-finance
development and public housing operation
•
Capacity to meet Phase I development requirements
•
Demonstrated ability of Developer to provide the required training
of HACG in real estate development.
•
Prequalification under Georgia Department of Community
Affairs (DCA) as a qualified Owner, Developer, and Manager
of LIHTC housing is required of the developer or specific
member of the Team.
25 points
Experience and Capacity
of the Development
Team
•
Cohesion of the team (including Developer), as demonstrated by
experience working together, and coherence of their technical
responses.
•
Degree to which members of team (other than the Developer)
demonstrate successful experience in their respective disciplines as
required for the design, development and operation of mixed-
income developments of comparable size and complexity in urban
areas.
•
If applicable, degree to which Developer offers satisfactory
justification for deferring until a later date the selection of
some Developer members.
•
Degree of team’s familiarity and experience with state or local
rules, practices, conditions or personnel that are important to the
effective accomplishment of the development.
20 points
Experience and
Capacity to Manage
the Property
•
The degree to which the Developer demonstrates successful
experience with ownership and property management (either
directly or through supervision of property management provided
by a third party) of mixed-income rental developments of a
similar size.
•
Developer’s ability to observe public housing operational and
reporting requirements\
•
Demonstrated capacity of Developer to provide the required training
of HACG in LIHTC Compliance and market rate property
management
5 points
Community and
Supportive Services
•
The degree to which the Developer has experience in Community
and Supportive Services activities.
•
CORES Certification
5 points
Equal Opportunity
(MBE/WBE) and
Non-Discrimination/
Section 3 Compliance
and Resident
Participation
•
The degree to which the Developer provides for minority and
women-owned business participation reflective of the local
community and demonstrates compliance with equal opportunity and
non-discrimination requirements.
•
The degree to which the Developer demonstrates experience in, and
an effective approach to, compliance with Section 3 requirements
and resident participation.
10. SELECTION PROCESS
The purpose of this RFQ is to solicit meaningful offers so that the HACG may select from a range of offers, one
that best meets its needs and requirements. HACG urges all interested developers to carefully review the
requirements of this RFQ. Written offers containing the requested information will serve as the primary basis
for final selection.
HACG reserves the right to conduct negotiations with one or more Offerors, if in the sole opinion of the HACG,
that method will provide the greatest benefit to the HACG. All offers will be initially reviewed to determine
compliance with the submission requirements specified in this RFQ. offers that do not comply with these
requirements may be rejected without further review.
The evaluation criteria stated above will be used to determine the most competitive Offerors. At HACG’s option,
Offerors may be asked to participate in an interview process to further discuss how they will specifically apply
their qualifications and experience in converting a plan for the Development project into a feasible, sustainable,
mixed-income and mixed-use urban development. HACG will use the interviews, reference checks and best
and final offers to make a final determination of selection in accordance with the stated Evaluation Criteria.
1. Procurement Schedule (Dates are approximate)
Procurement Activity
Date
Issue RFQ
2/13/24
Final Day to Submit Written Questions
2/26/24
Proposals Due
3/4/24
Review Proposals, Complete Ratings, and Verify References
3/5/24 – 3/12/24
Internal Recommendation for Developer Selection
3/13/24
Request Board Approval of Developer Selection
3/20/24
Formal Notification of Selection by HACG
3/21/24
Submission Package – Offerors have two options for proposal submissions.
Offerors must clearly coordinate proposal response information with each Submission Requirement item.
Separate folders titled for each section. Please reference RFQ Number: 2024-701 on submission.
Option 2 – Offeror must assemble submissions in the order described below and submit a minimum of
four (4) copies of proposals in 3-ring binders with tabs clearly identifying each section. Offerors must
clearly coordinate proposal response information with each Submission Requirement. Please reference
RFQ Number: 2024-701 on submission.
2. Committee to Evaluate the Submissions
A committee will be established that will be responsible for overseeing the development team procurement
process and making a selection recommendation to HACG’s Executive Director and Board of Commissioners.
The Committee will be made up of representatives of HACG. The Committee will determine which submissions
are competitive based on the established evaluation criteria and point system. Offerors whose submissions are
determined to be in the competitive range may be interviewed by the Selection Committee, at HACG’s option.
Following the interviews (if required), offerors may be required to submit supplemental information. The
Selection Committee will then assign a final score for each submission.
The Committee may consider unacceptable any submission for which critical information is lacking or whose
submission represents a major deviation from the requirements of this RFQ. Minor omissions, such as
incomplete references may, at the sole option and discretion of HACG, be corrected subsequent to the
submission due date.
11. GENERAL INFORMATION
a. HACG Reservation of Rights
1.1 Right to Reject, Waive, or Terminate the RFQ. HACG reserves the right to reject any or all
proposals, to waive any informality in the RFQ process, or to terminate the RFQ process at any
time, if deemed by HACG to be in its best interests.
1.2 Right to Now Award. HACG reserves the right not to award a contract pursuant to this RFQ.
1.3 Right to Terminate. HACG reserves the right to terminate a contract awarded pursuant to this
RFQ, at any time for its convenience upon 10 days written notice to the successful proposer(s).
1.4 Right to Determine Time and Location. HACG reserves the right to determine the days, hours
and locations that the successful proposer(s) shall provide the services called for in this RFQ.
1.5 Right to Retain Proposals. HACG reserves the right to 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 HACG.
1.6 Right to Negotiate. HACG reserves the right to negotiate the fees proposed by the proposer entity.
1.7 Right to Reject Any Proposal. HACG reserves the right to reject and not consider any proposal
that does not meet the requirements of this RFQ, including but not necessarily limited to
incomplete proposals and/or proposals offering alternative or non-requested services.
1.8 No Obligation to Compensate. HACG shall have no obligation to compensate any proposer for
any costs incurred in responding to this RFQ.
1.9 Right to Prohibit. HACG shall reserve the right to at any time during the RFQ or contract process
to prohibit any further participation by a proposer or reject any proposal submitted that does not
conform to ay of the requirements detailed herein.
b. No Claim Against the HACG
An Offeror shall not obtain, by submission of a response to this RFQ, any claim against HACG or HACG’s
property by reason of all or any part of any of the following: any aspect of this RFQ; the selection process;
the rejection of any or all offers; the acceptance of any offer; entering into any agreements or the failure to enter
into any agreements; any statement, representations, acts or omissions of HACG or any person or entity acting
on its behalf; the exercise of any discretion set forth in or concerning any of the foregoing; and any other matters
arising out of the foregoing.
The Offeror will be responsible for all costs incurred in preparing a response to this RFQ. All material and
documents submitted by Offeror will become the property of HACG and will not be returned. The Offeror
selected for further interviews and negotiations will be responsible for all costs incurred in connection therewith.
c. Personnel
By way of submitting a response to this RFQ, the Offeror is representing that the personnel described in their
submission package shall be available to perform the services described, barring illness, accident or other
unforeseeable events of a similar nature in which cases the Offeror must be able to provide a qualified
replacement. Furthermore, all personnel should be considered, at all times, the sole employees of the Offeror
under its sole direction, and not employees or agents of HACG.
d. Contact with HACG Staff, Board Members and Residents
All communications with HACG shall be emailed to:
Beyond the above referenced written communications, Offerors and their representatives may not make any
other form of contact with HACG Staff, Board Members or Residents. Any improper contact by or on behalf of
an Offeror may be grounds for disqualification.
e. Contract Form and Issues
This RFQ will lead to a Revitalization Agreement, the exact terms of which will be negotiated between HACG
and the successful Offeror. No contractual rights shall arise out of the process of negotiation until such time as
the HACG and the selected Offeror have signed an agreement. Work under the agreement shall commence
immediately upon execution. HUD must approve the Offeror agreement prior to execution.
f. Rules, Regulations and Licensing Requirements
The Offeror, their staff and agents shall comply with all laws, ordinances and regulations applicable to the
services specified herein, especially those applicable to conflict of interest. Offerors are presumed to be familiar
with all Federal, State and Local Laws, Ordinances, Codes, Rules and Regulations that may in any way affect
the services to be provided.
g. Equal Opportunity Employment
Offerors agree that there will be no discrimination as to race, gender, religion, color, age, creed or national origin
in regard to obligations, work and services performed under the terms of any contract ensuing from this RFQ.
Offerors must also agree to comply with Executive Order 11246 entitled “Equal Employment Opportunity” as
amended by Executive Order 11375, as supplemented by the Department of Labor Regulations (41 CFR Part
60).
form HUD-5369-A (11/92)
Previous edition is obsolete
Representations, Certifications,
and Other Statements of Bidders
Public and Indian Housing Programs
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
form HUD-5369-A (11/92)
Previous edition is obsolete
Representations, Certifications,
and Other Statements of Bidders
Public and Indian Housing Programs
Table of Contents
Clause Page
1. Certificate of Independent Price Determination 1
2. Contingent Fee Representation and Agreement 1
3. Certification and Disclosure Regarding Payments
to Influence Certain Federal Transactions 1
4. Organizational Conflicts of Interest Certification 2
5. Bidder's Certification of Eligibility 2
6. Minimum Bid Acceptance Period 2
7. Small, Minority, Women-Owned Business Concern
Representation 2
8. Indian-Owned Economic Enterprise and Indian
Organization Representation 2
9. Certification of Eligibility Under the Davis-Bacon Act 3
10. Certification of Nonsegregated Facilities 3
11. Clean Air and Water Certification 3
12. Previous Participation Certificate 3
13. Bidder's Signature 3
1. Certificate of Independent Price Determination
(a) The bidder certifies that--
(1) The prices in this bid have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other bidder or competitor
relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the
methods or factors used to calculate the prices offered;
(2) The prices in this bid have not been and will not be
knowingly disclosed by the bidder, directly or indirectly, to any other
bidder or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a competitive proposal
solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder to
induce any other concern to submit or not to submit a bid for the
purpose of restricting competition.
(b) Each signature on the bid is considered to be a certification by
the signatory that the signatory--
(1) Is the person in the bidder's organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(l) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(l) through (a)(3) above.
_______________________________________________ [insert
full name of person(s) in the bidder's organization responsible for
determining the prices offered in this bid or proposal, and the title of
his or her position in the bidder's organization];
(ii) As an authorized agent, does certify that the principals
named in subdivision (b)(2)(i) above have not participated, and will
not participate, in any action contrary to subparagraphs (a)(1)
through (a)(3) above; and
(iii) As an agent, has not personally participated, and will
not participate in any action contrary to subparagraphs (a)(1)
through (a)(3) above.
(c) If the bidder deletes or modifies subparagraph (a)2 above, the
bidder must furnish with its bid a signed statement setting forth in
detail the circumstances of the disclosure.
[ ] [Contracting Officer check if following paragraph is applicable]
(d) Non-collusive affidavit. (applicable to contracts for construction
and equipment exceeding $50,000)
(1) Each bidder shall execute, in the form provided by the PHA/
IHA, an affidavit to the effect that he/she has not colluded with any
other person, firm or corporation in regard to any bid submitted in
response to this solicitation. If the successful bidder did not submit
the affidavit with his/her bid, he/she must submit it within three (3)
working days of bid opening. Failure to submit the affidavit by that
date may render the bid nonresponsive. No contract award will be
made without a properly executed affidavit.
(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not
included with the bid.
2. Contingent Fee Representation and Agreement
(a) Definitions. As used in this provision:
"Bona fide employee" means a person, employed by a bidder
and subject to the bidder's supervision and control as to time, place,
and manner of performance, who neither exerts, nor proposes to
exert improper influence to solicit or obtain contracts nor holds out
as being able to obtain any contract(s) through improper influence.
"Improper influence" means any influence that induces or tends
to induce a PHA/IHA employee or officer to give consideration or to
act regarding a PHA/IHA contract on any basis other than the merits
of the matter.
(b) The bidder represents and certifies as part of its bid that, except
for full-time bona fide employees working solely for the bidder, the
bidder:
(1) [ ] has, [ ] has not employed or retained any person or
company to solicit or obtain this contract; and
(2) [ ] has, [ ] has not paid or agreed to pay to any person or
company employed or retained to solicit or obtain this contract any
commission, percentage, brokerage, or other fee contingent upon or
resulting from the award of this contract.
(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the
bidder shall make an immediate and full written disclosure to the
PHA/IHA Contracting Officer.
(d) Any misrepresentation by the bidder shall give the PHA/IHA the
right to (1) terminate the contract; (2) at its discretion, deduct from
contract payments the amount of any commission, percentage,
brokerage, or other contingent fee; or (3) take other remedy
pursuant to the contract.
3. Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions (applicable to
contracts exceeding $100,000)
(a) The definitions and prohibitions contained in Section 1352 of
title 31, United States Code, are hereby incorporated by reference
in paragraph (b) of this certification.
Page1 of 3
form HUD-5369-A (11/92)
Previous edition is obsolete
6. Minimum Bid Acceptance Period
(a) "Acceptance period," as used in this provision, means the
number of calendar days available to the PHA/IHA for awarding a
contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the
acceptance period that may appear elsewhere in this solicitation.
(c) The PHA/IHA requires a minimum acceptance period of
[Contracting Officer insert time period] calendar days.
(d) In the space provided immediately below, bidders may specify
a longer acceptance period than the PHA's/IHA's minimum require-
ment. The bidder allows the following acceptance period:
calendar days.
(e) A bid allowing less than the PHA's/IHA's minimum acceptance
period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do, in
compliance with its bid, if that bid is accepted in writing within (1) the
acceptance period stated in paragraph (c) above or (2) any longer
acceptance period stated in paragraph (d) above.
7. Small, Minority, Women-Owned Business Concern
Representation
The bidder represents and certifies as part of its bid/ offer that it --
(a) [ ] is, [ ] is not a small business concern. "Small business
concern," as used in this provision, means a concern, including its
affiliates, that is independently owned and operated, not dominant
in the field of operation in which it is bidding, and qualified as a small
business under the criteria and size standards in 13 CFR 121.
(b) [ ] is, [ ] is not a women-owned business enterprise. "Women-
owned business enterprise," as used in this provision, means a
business that is at least 51 percent owned by a woman or women
who are U.S. citizens and who also control and operate the business.
(c) [ ] is, [ ] is not a minority business enterprise. "Minority
business enterprise," as used in this provision, means a business
which is at least 51 percent owned or controlled by one or more
minority group members or, in the case of a publicly owned business,
at least 51 percent of its voting stock is owned by one or more
minority group members, and whose management and daily opera-
tions are controlled by one or more such individuals. For the purpose
of this definition, minority group members are:
(Check the block applicable to you)
[ ] Black Americans [ ] Asian Pacific Americans
[ ] Hispanic Americans [ ] Asian Indian Americans
[ ] Native Americans [ ] Hasidic Jewish Americans
8. Indian-Owned Economic Enterprise and Indian
Organization Representation (applicable only if this
solicitation is for a contract to be performed on a project for an
Indian Housing Authority)
The bidder represents and certifies that it:
(a) [ ] is, [ ] is not an Indian-owned economic enterprise.
"Economic enterprise," as used in this provision, means any com-
mercial, industrial, or business activity established or organized for
the purpose of profit, which is at least 51 percent Indian owned.
"Indian," as used in this provision, means any person who is a
member of any tribe, band, group, pueblo, or community which is
recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs and any "Native" as defined in the Alaska
Native Claims Settlement Act.
(b) [ ] is, [ ] is not an Indian organization. "Indian organization,"
as used in this provision, means the governing body of any Indian
tribe or entity established or recognized by such governing body.
Indian "tribe" means any Indian tribe, band, group, pueblo, or
(b) The bidder, by signing its bid, hereby certifies to the best of his
or her knowledge and belief as of December 23, 1989 that:
(1) No Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with the awarding of a contract
resulting from this solicitation;
(2) If any funds other than Federal appropriated funds (includ-
ing profit or fee received under a covered Federal transaction) have
been paid, or will be paid, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress on his or her behalf in connection with this
solicitation, the bidder shall complete and submit, with its bid, OMB
standard form LLL, "Disclosure of Lobbying Activities;" and
(3) He or she will include the language of this certification in all
subcontracts at any tier and require that all recipients of subcontract
awards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352,
title 31, United States Code. Any person who makes an expenditure
prohibited under this provision or who fails to file or amend the
disclosure form to be filed or amended by this provision, shall be
subject to a civil penalty of not less than $10,000, and not more than
$100,000, for each such failure.
(d) Indian tribes (except those chartered by States) and Indian
organizations as defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450B) are exempt
from the requirements of this provision.
4. Organizational Conflicts of Interest Certification
The bidder certifies that to the best of its knowledge and belief and
except as otherwise disclosed, he or she does not have any
organizational conflict of interest which is defined as a situation in
which the nature of work to be performed under this proposed
contract and the bidder's organizational, financial, contractual, or
other interests may, without some restriction on future activities:
(a) Result in an unfair competitive advantage to the bidder; or,
(b) Impair the bidder's objectivity in performing the contract work.
[ ] In the absence of any actual or apparent conflict, I hereby certify
that to the best of my knowledge and belief, no actual or apparent
conflict of interest exists with regard to my possible performance of
this procurement.
5. Bidder's Certification of Eligibility
(a) By the submission of this bid, the bidder certifies that to the best
of its knowledge and belief, neither it, nor any person or firm which
has an interest in the bidder's firm, nor any of the bidder's subcon-
tractors, is ineligible to:
(1) Be awarded contracts by any agency of the United States
Government, HUD, or the State in which this contract is to be
performed; or,
(2) Participate in HUD programs pursuant to 24 CFR Part 24.
(b) The certification in paragraph (a) above is a material represen-
tation of fact upon which reliance was placed when making award.
If it is later determined that the bidder knowingly rendered an
erroneous certification, the contract may be terminated for default,
and the bidder may be debarred or suspended from participation in
HUD programs and other Federal contract programs.
Page 2 of 3
form HUD-5369-A (11/92)
Previous edition is obsolete
community including Native villages and Native groups (including
corporations organized by Kenai, Juneau, Sitka, and Kodiak) as
defined in the Alaska Native Claims Settlement Act, which is
recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs.
9. Certification of Eligibility Under the Davis-Bacon
Act (applicable to construction contracts exceeding $2,000)
(a) By the submission of this bid, the bidder certifies that neither it
nor any person or firm who has an interest in the bidder's firm is a
person or firm ineligible to be awarded contracts by the United States
Government by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(b) No part of the contract resulting from this solicitation shall be
subcontracted to any person or firm ineligible to be awarded
contracts by the United States Government by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.
S. Criminal Code, 18 U.S.C. 1001.
10. Certification of Nonsegregated Facilities (applicable
to contracts exceeding $10,000)
(a) The bidder's attention is called to the clause entitled Equal
Employment Opportunity of the General Conditions of the Con-
tract for Construction.
(b) "Segregated facilities," as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants
and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided
for employees, that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.
(c) By the submission of this bid, the bidder certifies that it does not
and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location under
its control where segregated facilities are maintained. The bidder
agrees that a breach of this certification is a violation of the Equal
Employment Opportunity clause in the contract.
(d) The bidder further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific
time periods) prior to entering into subcontracts which exceed
$10,000 and are not exempt from the requirements of the Equal
Employment Opportunity clause, it will:
(1) Obtain identical certifications from the proposed subcon-
tractors;
(2) Retain the certifications in its files; and
(3) Forward the following notice to the proposed subcontrac-
tors (except if the proposed subcontractors have submitted identical
certifications for specific time periods):
Notice to Prospective Subcontractors of Requirement for
Certifications of Nonsegregated Facilities
A Certification of Nonsegregated Facilities must be submitted before
the award of a subcontract exceeding $10,000 which is not exempt
from the provisions of the Equal Employment Opportunity clause of
the prime contract. The certification may be submitted either for
each subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).
Note: The penalty for making false statements in bids is prescribed
in 18 U.S.C. 1001.
11. Clean Air and Water Certification (applicable to con-
tracts exceeding $100,000)
The bidder certifies that:
(a) Any facility to be used in the performance of this contract [ ]
is, [ ] is not listed on the Environmental Protection Agency List of
Violating Facilities:
(b) The bidder will immediately notify the PHA/IHA Contracting
Officer, before award, of the receipt of any communication from the
Administrator, or a designee, of the Environmental Protection
Agency, indicating that any facility that the bidder proposes to use
for the performance of the contract is under consideration to be
listed on the EPA List of Violating Facilities; and,
(c) The bidder will include a certification substantially the same as
this certification, including this paragraph (c), in every nonexempt
subcontract.
12. Previous Participation Certificate (applicable to
construction and equipment contracts exceeding $50,000)
(a) The bidder shall complete and submit with his/her bid the Form
HUD-2530, "Previous Participation Certificate." If the successful
bidder does not submit the certificate with his/her bid, he/she must
submit it within three (3) working days of bid opening. Failure to
submit the certificate by that date may render the bid nonresponsive.
No contract award will be made without a properly executed certifi-
cate.
(b) A fully executed "Previous Participation Certificate"
[ ] is, [ ] is not included with the bid.
13. Bidder's Signature
The bidder hereby certifies that the information contained in these
certifications and representations is accurate, complete, and
current.
__________________________________________________________________
(Signature and Date)
__________________________________________________________________
(Typed or Printed Name)
__________________________________________________________________
(Title)
__________________________________________________________________
(Company Name)
(Company Address)
Page 3 of 3
2
2
U.S. Department of Housing
Certifications and
and Urban Development
Representations
Office of Public and Indian Housing
of Offerors
Non-Construction Contract
Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This form includes clauses required by OMB’s common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements
set forth 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 benefit. The information requested does not lend itself to confidentiality.
1. 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, includ-
ing its affiliates, that is independently owned and operated,
not dominant in the field of operation in which it is bidding,
and qualified as a small business under the criteria and size
standards in 13 CFR 121.
(b) [ ] is, [ ] is not a women-owned 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 which 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 such individuals.
For the purpose of this definition, minority group members are:
(Check the block applicable to you)
[ ] Black Americans [ ] Asian Pacific Americans
[ ] Hispanic Americans [ ] Asian Indian Americans
[ ] Native Americans [ ] Hasidic Jewish Americans
3. Certificate of Independent Price Determination
(a) The bidder/offeror certifies that—
(1) The prices in this bid/offer have been arrived at indepen-
dently, without, for the purpose of restricting competi-
tion, any consultation, communication, or agreement
with any other bidder/offeror or competitor relating to (i)
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 be-
fore 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 has 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 purpose of restricting competition.
(b) Each signature on the bid/offer is considered to be a certifi-
cation by the signatory that the signatory:
(1) Is the person in the bidder/offeror’s organization respon-
sible 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 subpara-
graphs (a)(l) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals
have not participated, and will not participate in any
action contrary to subparagraphs (a)(l) through (a)(3)
above (insert full name of person(s) in the bidder/offeror’s
organization responsible for determining the prices of-
fered in this bid or proposal, and the title of his or her
position in the bidder/offeror’s organization);
(ii) As an authorized agent, does certify that the princi-
pals named in subdivision (b)(2)(i) above have not par-
ticipated, and will not participate, in any action contrary
to subparagraphs (a)(l) through (a)(3) above; and
form HUD-5369-C (8/93)
Previous edition is obsolete
page 1 of 2
ref. Handbook 7460.8
(iii) As an agent, has not personally participated, and will
not participate in any action contrary to subparagraphs
(a)(l) 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, fi-
nancial, contractual or other interest are such that:
(i) Award of the contract may result in an unfair competi-
tive advantage;
(ii) The Contractor’s objectivity in performing the con-
tract work may be impaired; or
(iii) That the Contractor has disclosed all relevant infor-
mation and requested the HA to make a determination
with respect to this Contract.
(b) The Contractor agrees that if after award he or she discovers
an organizational conflict of interest with respect to this
contract, he or she shall make an immediate and full disclo-
sure in writing to the HA which shall include a description of
the action which the Contractor has 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 or neutralize
conflicts of interest in consultant agreements or subcontracts
involving performance or work under this Contract.
5. 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. Conflict 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 procure-
ment, as described in the clause in this solicitation titled “Orga-
nizational 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:
form HUD-5369-C (8/93)
Previous edition is obsolete
page 2 of 2
ref. Handbook 7460.8
General Conditions for Non-Construction
Contracts
Section I – (With or without Maintenance Work)
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
Office of Labor Relations
OMB Approval No. 2577-0157 (exp. 1/01/2014)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.
20410-3600; and to the 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 form HUD-5370-C has 2 Sections. These
Sections must be inserted into non-construction contracts as
described below:
1) Non-construction contracts (without maintenance)
greater than $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 nonroutine
maintenance), greater than $100,000 – use Sections I
and II.
====================================================
Section I - Clauses for All Non-Construction Contracts greater
than $100,000
====================================================
1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority.
(b) "Contract" means the contract entered into between the
Authority and the Contractor. It includes the contract form,
the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
Order, or other modification.
(c) "Contractor" means the person or other entity entering into
the contract with the Authority to perform all of the work
required under the contract.
(d) "Day" means calendar days, unless otherwise stated.
(e) "HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and
the officers and employees of the United States
Department of Housing and Urban Development acting for
and on behalf of the Secretary.
2. Changes
(a) The HA may at any time, by written order, and without
notice to the sureties, if any, make changes within the
general scope of this contract in the services to be
performed or supplies to be delivered.
(b) If any such change causes an increase or decrease in the
hourly rate, the not-to-exceed amount of the contract, or
the time required for performance of any part of the work
under this contract, whether or not changed by the order,
or otherwise affects the conditions of this contract, the HA
shall make an equitable adjustment in the not-to-exceed
amount, the hourly rate, the delivery schedule, or other
affected terms, and shall modify the contract accordingly.
(c) The Contractor must assert its right to an equitable
adjustment under this clause within 30 days from the date
of receipt of the written order. However, if the HA decides
that the facts justify it, the HA may receive and act upon a
proposal submitted before final payment of the contract.
(d) Failure to agree to any adjustment shall be a dispute under
clause Disputes, herein. However, nothing in this clause
shall excuse the Contractor from proceeding with the
contract as changed.
(e) No services for which an additional cost or fee will be
charged by the Contractor shall be furnished without the
prior written consent of the HA.
3. Termination for Convenience and Default
(a) The HA may terminate this contract in whole, or from time
to time in part, for the HA's convenience or the failure of
the Contractor to fulfill the contract obligations (default).
The HA shall terminate by delivering to the Contractor a
written Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt of the
notice, the Contractor shall: (i) immediately discontinue all
services affected (unless the notice directs otherwise); and
(ii) deliver to the HA all information, reports, papers, and
other materials accumulated or generated in performing
this contract, whether completed or in process.
(b) If the termination is for the convenience of the HA, the HA
shall be liable only for payment for services rendered
before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to
fulfill its obligations under the contract (default), the HA
may (i) require the Contractor to deliver to it, in the manner
and to the extent directed by the HA, any work as
described in subparagraph (a)(ii) above, and compensation
be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute
the same to completion by contract or otherwise, and the
Contractor shall be liable for any additional cost incurred by
the HA; (iii) withhold any payments to the Contractor, for
the purpose of off-set or partial payment, as the case may
be, of amounts owed to the HA by the Contractor.
(d) If, after termination for failure to fulfill contract obligations
(default), it is determined that the Contractor had not failed,
the termination shall be deemed to have been effected for
the convenience of the HA, and the Contractor shall been
titled to payment as described in paragraph (b) above.
(e) Any disputes with regard to this clause are expressly made
subject to the terms of clause titled Disputes herein.
4. Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States,
or any of their duly authorized representatives shall, until 3
years after final payment under this contract, have access
to and the right to examine any of the Contractor's directly
pertinent books, documents, papers, or other records
involving transactions related to this contract for the
purpose of making audit, examination, excerpts, and
transcriptions.
Section I - Page 1 of 6
form HUD-5370-C (10/2006)
(b) The Contractor agrees to include in first-tier subcontracts
under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause,
excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a)
and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the
performance of this contract; or,
(iii) costs and expenses of this contract to which the HA,
HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims,
or exceptions.
5. Rights in Data (Ownership and Proprietary Interest)
The HA shall have exclusive ownership of, all proprietary
interest in, and the right to full and exclusive possession of all
information, materials and documents discovered or produced
by Contractor pursuant to the terms of this Contract, including
but not limited to reports, memoranda or letters concerning the
research and reporting tasks of this Contract.
6. Energy Efficiency
The contractor shall comply with all mandatory standards and
policies relating to energy efficiency which are contained in the
energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub.L. 94-163) for the State in
which the work under this contract is performed.
7. Disputes
(a) All disputes arising under or relating to this contract, except
for disputes arising under clauses contained in Section III,
Labor Standards Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
clause.
(b) All claims by the Contractor shall be made in writing and
submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA.
(c) The HA shall, with reasonable promptness, but in no event
in no more than 60 days, render a decision concerning any
claim hereunder. Unless the Contractor, within 30 days
after receipt of the HA's decision, shall notify the HA in
writing that it takes exception to such decision, the decision
shall be final and conclusive.
(d) Provided the Contractor has (i) given the notice within the
time stated in paragraph (c) above, and (ii) excepted its
claim relating to such decision from the final release, and
(iii) brought suit against the HA not later than one year after
receipt of final payment, or if final payment has not been
made, not later than one year after the Contractor has had
a reasonable time to respond to a written request by the
HA that it submit a final voucher and release, whichever is
earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
merits by a court of competent jurisdiction.
(e) The Contractor shall proceed diligently with performance of
this contract, pending final resolution of any request for
relief, claim, appeal, or action arising under the contract,
and comply with any decision of the HA.
8. Contract Termination; Debarment
A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of
participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.
9. Assignment of Contract
The Contractor shall not assign or transfer any interest in this
contract; except that claims for monies due or to become due
from the HA under the contract may be assigned to a bank,
trust company, or other financial institution. If the Contractor is a
partnership, this contract shall inure to the benefit of the
surviving or remaining member(s) of such partnership approved
by the HA.
10. Certificate and Release
Prior to final payment under this contract, or prior to settlement
upon termination of this contract, and as a condition precedent
thereto, the Contractor shall execute and deliver to the HA a
certificate and release, in a form acceptable to the HA, of all
claims against the HA by the Contractor under and by virtue of
this contract, other than such claims, if any, as may be
specifically excepted by the Contractor in stated amounts set
forth therein.
11. Organizational Conflicts of Interest
(a) The Contractor warrants that to the best of its knowledge
and belief and except as otherwise disclosed, it does not
have any organizational conflict of interest which is defined
as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that:
(i) Award of the contract may result in an unfair
competitive advantage; or
(ii) The Contractor's objectivity in performing the contract
work may be impaired.
(b) The Contractor agrees that if after award it discovers an
organizational conflict of interest with respect to this
contract or any task/delivery order under the contract, he or
she shall make an immediate and full disclosure in writing
to the Contracting Officer which shall include a description
of the action which the Contractor has taken or intends to
take to eliminate or neutralize the conflict. The HA may,
however, terminate the contract or task/delivery order for
the convenience of the HA if it would be in the best interest
of the HA.
(c) In the event the Contractor was aware of an organizational
conflict of interest before the award of this contract and
intentionally did not disclose the conflict to the Contracting
Officer, the HA may terminate the contract for default.
(d) The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work
to be performed is similar to the service provided by the
prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest.
12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if
necessary, and accept the work products produced by the
Contractor. Such review(s) shall be carried out within 30
days so as to not impede the work of the Contractor. Any
Section I - Page 2 of 6
Form HUD-5370-C (10/2006)
product of work shall be deemed accepted as submitted if
the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such
product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised copy
of the product to the HA within 7 days of notification or a
later date if extended by the HA.
(c) Failure by the Contractor to proceed with reasonable
promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work
remains unacceptable, the HA may terminate this contract
(or the task order involved) or reduce the contract price or
cost to reflect the reduced value of services received.
13. Interest of Members of Congress
No member of or delegate to the Congress of the United States
of America or Resident Commissioner shall be admitted to any
share or part of this contract or to any benefit to arise there
from, but this provision shall not be construed to extend to this
contract if made with a corporation for its general benefit.
14. Interest of Members, Officers, or Employees and Former
Members, Officers, or Employees
No member, officer, or employee of the HA, no member of the
governing body of the locality in which the project is situated, no
member of the governing body in which the HA was activated,
and no other pubic official of such locality or localities who
exercises any functions or responsibilities with respect to the
project, shall, during his or her tenure, or for one year
thereafter, have any interest, direct or indirect, in this contract or
the proceeds thereof.
15. Limitation on Payments to Influence Certain Federal
Transactions
(a) Definitions. As used in this clause:
"Agency", as defined in 5 U.S.C. 552(f), includes Federal
executive departments and agencies as well as independent
regulatory commissions and Government corporations, as
defined in 31 U.S.C. 9101(1).
"Covered Federal Action" means any of the following
Federal actions:
(i) The awarding of any Federal contract;
(ii) The making of any Federal grant;
(iii) The making of any Federal loan;
(iv) The entering into of any cooperative agreement; and,
(v) The extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
Covered Federal action does not include receiving from an
agency a commitment providing for the United States to insure
or guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning
provided in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450B). Alaskan Natives
are included under the definitions of Indian tribes in that Act.
"Influencing or attempting to influence" means making, with
the intent to influence, any communication to or appearance
before an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with any covered
Federal action.
"Local government" means a unit of government in a State
and, if chartered, established, or otherwise recognized by a
State for the performance of a governmental duty, including a
local public authority, a special district, an intrastate district, a
council of governments, a sponsor group representative
organization, and any other instrumentality of a local
government.
"Officer or employee of an agency" includes the following
individuals who are employed by an agency:
(i) An individual who is appointed to a position in the
Government under title 5, U.S.C., including a position
under a temporary appointment;
(ii) A member of the uniformed services as defined in
section 202, title 18, U.S.C.;
(iii) A special Government employee as defined in section
202, title 18, U.S.C.; and,
(iv) An individual who is a member of a Federal advisory
committee, as defined by the Federal Advisory
Committee Act, title 5, appendix 2.
“Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and local
government, regardless of whether such entity is operated for
profit or not for profit. This term excludes an Indian tribe, tribal
organization, or other Indian organization with respect to
expenditures specifically permitted by other Federal law.
"Recipient" includes all contractors, subcontractors at any
tier, and subgrantees at any tier of the recipient of funds
received in connection with a Federal contract, grant, loan, or
cooperative agreement. The term excludes an Indian tribe, tribal
organization, or any other Indian organization with respect to
expenditures specifically permitted by other Federal law.
"Regularly employed means, with respect to an officer or
employee of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, an officer or
employee who is employed by such person for at least 130
working days within one year immediately preceding the date of
the submission that initiates agency consideration of such
person for receipt of such contract, grant, loan, or cooperative
agreement. An officer or employee who is employed by such
person for less than 130 working days within one year
immediately preceding the date of submission that initiates
agency consideration of such person shall be considered to be
regularly employed as soon as he or she is employed by such
person for 130 working days.
"State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, a territory or
possession of the United States, an agency or instrumentality of
a State, and a multi-State, regional, or interstate entity having
governmental duties and powers.
(b) Prohibitio n.
(i) Section 1352 of title 31, U.S.C. provides in part that no
appropriated funds may be expended by the recipient
of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative
agreement.
(ii) The prohibition does not apply as follows:
Section I - Page 3 of 6
Form HUD-5370-C (10/2006)
(1) Agency and legislative liaison by Own
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
any covered Federal action:
(1) Discussing with an agency
(including individual demonstrations) the qualities
and characteristics of the person's products or
services, conditions or terms of sale, and service
capabilities; and,
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
formal solicitation of any covered Federal action:
(1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
initiation of a covered Federal action;
(2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission; and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
subsequent amendments.
(e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
permitted under this clause.
(2) Professional and technical services.
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of-
(i) A payment of reasonable compensation
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action.
(ii) Any reasonable payment to a person,
other than an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or
technical discipline.
(c) Requirements imposed by or pursuant to law
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
documents.
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
section are permitted under this clause.
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in
subparagraph (b)(i) of this clause, does not apply to the
following selling activities before an agency by independent
sales representatives, provided such activities are prior to
formal solicitation by an agency and are specifically limited
to the merits of the matter:
(i) Discussing with an agency (including individual
demonstration) the qualities and characteristics of the
person's products or services, conditions or terms of
sale, and service capabilities; and
(ii) Technical discussions and other activities regarding
the application or adaptation of the person's products
or services for an agency's use.
(d) Agreement. In accepting any contract, grant, cooperative
agreement, or loan resulting from this solicitation, the
person submitting the offer agrees not to make any
payment prohibited by this clause.
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.
An imposition of a civil penalty does not prevent the
Government from seeking any other remedy that may be
applicable.
(f) Cost Allowability. Nothing in this clause is to be interpreted
to make allowable or reasonable any costs which would be
unallowable or unreasonable in accordance with Part 31 of
the Federal Acquisition Regulation (FAR), or OMB
Circulars dealing with cost allowability for recipients of
assistance agreements. Conversely, costs made
specifically unallowable by the requirements in this clause
will not be made allowable under any of the provisions of
FAR Part 31 or the relevant OMB Circulars.
Section I - Page 4 of 6
Form HUD-5370-C (10/2006)
16. Equal Employment Opportunity
During the performance of this contract, the Contractor agrees
as follows:
(a) The Contractor shall not discriminate against any employee
or applicant for employment because of race, color,
religion, sex, or national origin.
(b) The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include,
but not be limited to (1) employment; (2) upgrading; (3)
demotion; (4) transfer; (5) recruitment or recruitment
advertising; (6) layoff or termination; (7) rates of pay or
other forms of compensation; and (8) selection for training,
including apprenticeship.
(c) The Contractor shall post in conspicuous places available
to employees and applicants for employment the notices to
be provided by the Contracting Officer that explain this
clause.
(d) The Contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex,
or national origin.
(e) The Contractor shall send, to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding,
the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the
Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to
employees and applicants for employment.
(f) The Contractor shall comply with Executive Order 11246,
as amended, and the rules, regulations, and orders of the
Secretary of Labor.
(g) The Contractor shall furnish all information and reports
required by Executive Order 11246, as amended and by
rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto. The Contractor shall permit access to its
books, records, and accounts by the Secretary of Labor for
purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(h) In the event of a determination that the Contractor is not in
compliance with this clause or any rule, regulation, or order
of the Secretary of Labor, this contract may be canceled,
terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further
Government contracts, or federally assisted construction
contracts under the procedures authorized in Executive
Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules,
regulations, and orders of the Secretary 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, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246, as
amended, so that these terms and conditions will be
binding upon each subcontractor or vendor. The
Contractor shall take such action with respect to any
subcontractor or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor
may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that if the
Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction, the Contractor may request the United States to
enter into the litigation to protect the interests of the United
States.
17. Dissemination or Disclosure of Information
No information or material shall be disseminated or disclosed to
the general public, the news media, or any person or
organization without prior express written approval by the HA.
18. Contractor's Status
It 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 employee, and shall save
harmless the HA and its employees from claims suits, actions
and costs of every description resulting from the Contractor's
activities on behalf of the HA in connection with this Agreement.
19. Other Contractors
HA may undertake or award other contracts for additional work
at or near the site(s) of the work under this contract. The
contractor shall fully cooperate with the other contractors and
with HA and HUD employees and shall carefully adapt
scheduling and performing the work under this contract to
accommodate the additional work, heeding any direction that
may be provided by the Contracting Officer. The contractor shall
not commit or permit any act that will interfere with the
performance of work by any other contractor or HA employee.
20. Liens
The Contractor is prohibited from placing a lien on HA's
property. This prohibition shall apply to all subcontractors.
21. Training and Employment Opportunities for Residents in
the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)
(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 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
Section I - Page 5 of 6
Form HUD-5370-C (10/2006)
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 a 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.
22. Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act,
the Contractor shall procure items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 247 that
contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of
competition. The Contractor shall procure items designated in
the EPA guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably available in a
reasonable period of time; (2) fail to meet reasonable
performance standards, which shall be determined on the basis
of the guidelines of the National Institute of Standards and
Technology, 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 excess of
$10,000 of the item under this contract; or (2) during the
preceding Federal fiscal year, the Contractor: (i) purchased any
amount of the items for use under a contract that was funded
with Federal appropriations and was with a Federal agency or a
State agency or agency of a political subdivision of a State; and
(ii) purchased a total of in excess of $10,000 of the item both
under and outside that contract.
Section I - Page 6 of 6
Form HUD-5370-C (10/2006)
9625 (10/99) 00480-1
FORM OF NON-COLLUSIVE AFFIDAVIT
(To be modified if law requires other form)
AFFIDAVIT
__________________________________________
Bidder/Contractor/Vendor
State of _______________________)
_______________________) ss.
County of _______________________)
_____________________________________________ being first duly sworn, deposes
and says:
That he is _____________________________________________________________
the party making the foregoing proposal or bid, that such proposal or bid is genuine and
not collusive or sham; that said bidder has not colluded, conspired, connived or agreed,
directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from
bidding, and has not in any manner, directly or indirectly, sought by agreement or
collusion, or communication or conference, with any person, to fix the bid price of affiant
or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or
of that of any other bidder, or to secure any advantage against the HOUSING
AUTHORITY OF COLUMBUS, GEORGIA or any person interested in the proposed
contract; and that all statements in said proposal or bid are true.
Signature of:
______________________________
Bidder, if the bidder is an
individual;
______________________________
Partner, if the bidder is a
partnership;
______________________________
Officer, if the bidder is a
corporation.
Subscribed and sworn to before me
__________________________________
this _____ day of ______________, 20___.
My Commission Expires on
___________________________________
