draft solicitation r opc 23903

7/31/2019 Draft Solicitation r Opc 23903

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SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMSOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF 11

R-2011-AY-00035 SEE ATTACHED PAGE2. BPA NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DA

R-OPC-23903 21 October 2011

7. FOR SOLICITATIONINFORMATION CALL:

a. NAMEb. TELEPHONE NUMBER(No collect calls)

8. QUESTIONS DUE DATE/LOCAL TIME

Darryl Barnes, Contracting Officer 202-402-2473 30 October 2011/11:00am 9. ISSUED BY CODE 10. THIS ACQUISITION IS

UNRESTRCTEDSET ASIDE: % FOR

SMALL BUSINESSEMERGING SMALL BUSINESSHUBZONE SMALL BUSINESSSERVICE-DISABLED VERTERAN-OWNED SMALL BUSINESS8(A)

NAICS:SIZE STANDARD:

U.S. Department of Housing & Urban Development

Office of the Chief Procurement Officer451 7th Street SW-Room 5266Washington, DC 20410

POC: Darryl Barnes, Contracting OfficerPHONE: 202.402.2473EMAIL: [email protected]

11. DELIVERY FOR FOB DESTINATIONUNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

Enter discount terms

13a. THIS CONTACT IS ARATED ORDER UNDERDPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATIONRFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SPECIFIED ON EACH ORDERBASIC AGREEMENTSAME AS BLOCK 9

ORDERSAS CITED ON EACH INDIVIDUAL ORDER17a. OFFEROR/ CODE Enter FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR

SPECIFIED ON EACH ORDER

Enter Offeror Name and Address

POC: Enter Offeror POC namePHONE: Enter Offeror POC phone numberEMAIL: Enter Offeror POC email address

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUTSUCH ADRESS IN OFFER

18b. SUMMIT INVOICES TO ADDRESS SHOWN IN BLCOK 18a UNLESS

BLOCK CHECKED. SEE ADDENDUM

19.ITEM NO.

20.SCHEDULE OF SUPPLIES/SERVICES

21.QUANTITY

22.UNIT

23.UNIT PRICE

24.AMOUNT

IT MAINTENANCE AND OPERATIONS SUPPORT

SERVICES FOR PHAS CONSOLIDATED

Capability Maturity Model Institute (CMMI) Level 2certified is required.

See Attachment A - Section B, Product & Pricing

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED ARE ARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIESTO ISSUING OFFICE. OFFEROR AGREES TO FURNISH AND DELIVER ALLITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONALSHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE OFFERDATED . YOUR OFFER ON SOLICITATION (BLOCK 5),INCLUDES ANY ADDITIONS OR CHANGES WHICH ARE SET FORTHHEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/OFFEROR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGN

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005)PREVIOUS EDITION IS NOT USABLE Prescribed by GSAFAR (48CFR) 53.212
mailto:[email protected]:[email protected]:[email protected]


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U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENTBLANKET PURCHASE AGREEMENT (BPA)

BPA NUMBER: R-OPC-23903

IT Maintenance and Operations Support ServicesFor Public Housing Assessment Subsystems (PHAS)

Page A-2

RFP NUMBER: R-OPC-23903

In the spirit of the Federal Acquisition Streamlining Act, theDepartment of Housing & Urban Development (HUD)

and (enter Offeror name) enter into a contract to reduce the administrative costs of acquiring commercial items.

Federal Supply Schedule Contract BPA reduce contracting and acquisition costs such as: search for sources, thedevelopment of technical documents, solicitations, and the evaluation of bids and offers. Offeror/Contractor TeamArrangements are also permitted with Federal Supply Schedule Offeror/Contractors in accordance with FederalAcquisition Regulation (FAR) Subpart 15 and 16.

This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive,individual purchases from the schedule BPA. The end result is to create a purchasing mechanism for the Governmentthat works better and costs less.

SECTIONS & APPENDICES to this agreement are:

SECTION BSUPPLIES OR SERVICES AND PRICES/COSTS SECTION CDESCRIPTION OF WORK SECTION D - SUPPLEMENTAL CLAUSES & PROVISIONS SECTION E - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS SECTION FEVALUATION FACTORS FOR AWARD

OFFEROR/CONTRACTORSignature DATE CONTRACTING OFFICERSignature DATE

INTRODUCTION

A BPA is hereby established between (enter Offeror name) and The Department of Housing and UrbanDevelopment (HUD), in accordance with the terms & conditions stated above in accordance with the followingSECTION D - Supplemental Clauses & Provisions incorporated in this BPA.

AUTHORITY

This BPA is entered into pursuant to the terms of the BPA Contract and FAR 8.404.

DESCRIPTION OF AGREEMENT

Under this agreement, the BPA holder shall provide IT Maintenance and Operations Support Services inaccordance with SECTION C - SOW. The services and/or supplies ofSECTION B shall be provided whenordered by an authorized Contracting Officer during the specified period stated in the paragraph titled "Term ofBPA". This BPA is for support to the Office of Single Family Housing.


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Page A-3


SERVICES AND/OR SUPPLIES AVAILABLE UNDER THIS BPA - Refer to:

SECTION BSUPPLIES OR SERVICES & PRICES/COSTS SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized ordersactually issued under the BPA by the CO.

AUTHORIZED USERS

Government CO(s) representing US HUD are the only users authorized to place orders under this BPA. Anyauthorized user shall only be allowed to issue an order under this BPA if funds are certified and the BPA awardingoffice's Task Order number is assigned. BPA holders shall not accept or perform any purported order that does notcontain a Task Order number.

OFFICE POINT OF CONTACT

U.S. DEPT. OF HOUSING & URBAN DEVELOPMENTOFFICE OF THE CHIEF PROCUREMENT OFFICER451 7TH STREET SW, ROOM 5184WASHINGTON, DC 20410

DARRYL D. BARNESCONTRACTING OFFICERHOUSING PROGRAMS PORTFOLIOS TEAMIT & FINANCIAL SUPPORT DIVISION

PREVAILING TERMS & CONDITIONS AND PERFORMANCE OF BPA (Also refer to SECTION D)

A BPA IS NOT A CONTRACT.

The BPA holder shall be familiar with Federal Government and US HUD acquisition regulations, directivesand instructions. If a particular document is required in a specific order, it will be cited within the order'sSOW.

All services will be initiated upon receipt of a valid order, unless otherwise specified in the order.

The Government has no minimum guarantee under this BPA. However, the Government estimates, butdoes not guarantee that the volume of purchases will be approximately TBD AT THE TIME OF AWARDfor the 60-Months duration. If the actual quantity ordered is less than the estimate, the Government will not beliable to reimburse (enter applicable Offeror Name), for the price difference between the estimate and quantityordered.

IMPORTANTOfferors are permitted and encouraged to offer price reductions in accordance withcommercial practice.


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Page A-4


The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of aninconsistency between the provisions of this BPA and the Offeror/Contractor's invoice, the provisions of this

BPA will take precedence

Cancellation: This BPA may be canceled if the BPA holder fails to perform in accordance with the terms andconditions of the GSA schedule, this BPA, any order established under this BPA, or if deemed as in the bestinterests of the Government. The BPA holder must strictly comply with all terms and conditions or the USHUD CO may determine that performance by the BPA holder has been unsatisfactory and cancel this BPA - acause for Termination for Convenience to the Government by the US HUD CO. The Government reservesthe right to exercise its option to terminate this Task Order due to continuous NEGATIVEperformance. Refer to SECTION D.

TASK ORDERS

All valid orders placed against this BPA, via Electronic Data Interchange (EDI), FAX, paper, or oralcommunications, are subject to the terms & conditions of the GSA Schedule BPA and SECTION D -SUPPLEMENTAL CLAUSES & PROVISIONS in full text or incorporated by reference herein.

The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and managementresources to support therequirements set forth in SECTION C: SOW within the terms specified and at theprice(s) stated in SECTION B.

The "ordering period" will run from effective date of award through 60 Months of this BPA, or until suchending date of any option year, which may be exercised under the BPA. If the ordering CO elects to extendperformance beyond the end of the BPA, he/she may extend performance up to six (6) months beyond the endof the order period (Refer to FAR 52-217-8 Option to Extend Services in SECTION D).

Delivery of services will be specified in each Task Order issued under the BPA. All services ordered underthis BPA will be performed by the Contractor offsite within a 50 mile radius. Refer to SECTION DPlace of Performance. And unless otherwise agreed too, all deliveries under this BPA must be accompaniedby delivery tickets or sales slips that must contain the following information as a minimum:

(a) Name of Offeror/Contractor;(b) BPA Number;(c) BPA Number;(d) Model Number or National Stock Number (NSN);(e) Task/Delivery Order Number;(f) Date of Purchase;(g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when

incompatible with the use of automated systems; provided, that the invoice is itemized to show theinformation); and

(h) Date of Shipment.

The requirements of a proper invoice are as specified in the BPA. Invoices will be submitted to theaddress specified within the valid order transmission issued against this BPA.


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U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT

IT Maintenance and Operations Support Services forPublic Housing Assessment Subsystems (PHAS)

SECTION BSUPPLIES OR SERVICES & PRICE/COSTPage B-6


B.1 HYBRID BPA TYPE

This is a Hybrid Firm Fixed Prices & Labor Hour Fixed Unit Rates BPA/Task Order for a duration of 60months, issued by Housing and Urban Development, for assessment, analysis, design, development, maintenance,systems operation, project management, and administrative services for the A80B/SFPCS-P, A80D/DSRS, andA80R/SFPCS-U systems. In Section B, provide the breakout pricing to show the labor categories, prices andhours proposed that are used to derive the price for each CLIN. Hybrid task orders may be issued.

B.2 FIXED PRICE LINE ITEMS - SUPPLIES AND SERVICES

The Government reserves the option to exercise BPA Line Item Numbers (CLINs) 1003, 2003, 3003, 4003, 5003and Optional CLINs 6003, 7003 and 8003 as funds become available and work is required. These CLINs will beordered on a Firm Fixed Prices & Labor Hour Fixed Unit Rates basis through the issuance of Task Orders. All

pricing shall be inclusive of all labor and material costs, burdens, any other direct costs and profit.

PLEASE NOTE: Travel will be authorized by the GTR. No local travel will be reimbursed.

PC-22567

SECTION B


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B.2 SECTION 1 - FIXED PRICE/LABOR HOUR LINE ITEMS - SUPPLIES AND SERVICES

Ordering Period: Months 1 through 12

CLIN CLIN Name FundingIdentifi

er

UnitPrice Quantity Total

1001 System Operations1001AA Steady State: System Operations IAW, SOW C.3.1.1.I (FASS-PH) 30782I 121001AB Steady State: System Operations IAW, SOW C.3.1.1.I (MASS) 30783I 12

1001AC Steady State: System Operations IAW, SOW C.3.1.1.I (NASS) 30786I 121001AD Steady State: System Operations IAW, SOW C.3.1.1.I (RASS) 30768I 12

1001AE Steady State: System Operations IAW, SOW C.3.1.1.I (PASS) 30787I 121001AF Steady State: System Operations IAW, SOW C.3.1.1.I (FASS-FHA) 30781I 12

1001AG Steady State: System Operations IAW, SOW C.3.1.1.I (QASS) 30788I 121001AH Steady State: System Operations IAW, SOW C.3.1.1.J (CASS) 30780I 12

1002 Corrective Maintenance1002AA Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (FASS-PH)

30782J 12

1002AB Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (MASS) 30783J 12

1002AC Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (NASS) 30786J 121002AD Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (RASS) 30768J 12

1002AE Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (PASS) 30787J 121002AF Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (FASS-

FHA)30781J 12

1002AG Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (QASS) 30788J 121002AH Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J (CASS) 30780J 12

1003 Future Development IAW SOW 3.1.1.A through 3.1.1.H NTE $ 11,552,692

Program Manager $________Project Manager $________

Project Architect $________

Senior Database Application Programmer IV$________

Senior Programmer/Programmer V$________

Programmer IV $________

Subject Matter Expert II $________

Technical Writer Editor $________

Programmer III $________

Journeyman DB Application Programmer III $________

DB Application Programmer II $________


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CLIN CLIN NameFundingIdentifier

UnitPrice Quan

tityTotal

2001 System Operations2001AA Steady State: System Operations IAW, SOW C.3.1.1.I (FASS-

PH)30782I 12

2001AB Steady State: System Operations IAW, SOW C.3.1.1.I (MASS) 30783I 12

2001AC Steady State: System Operations IAW, SOW C.3.1.1.I (NASS) 30786I 122001AD Steady State: System Operations IAW, SOW C.3.1.1.I (RASS) 30768I 12

2001AE Steady State: System Operations IAW, SOW C.3.1.1.I (PASS) 30787I 12

2001AF Steady State: System Operations IAW, SOW C.3.1.1.I (FASS-FHA) 30781I 12

2001AG Steady State: System Operations IAW, SOW C.3.1.1.I (QASS) 30788I 122001AH Steady State: System Operations IAW, SOW C.3.1.1.J (CASS) 30780I 12

2002 Corrective Maintenance2002AA Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J

(FASS-PH)30782J 12

2002AB Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(MASS)

30783J 12

2002AC Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J

(NASS)30786J 12

2002AD Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(RASS)

30768J 12

2002AE Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(PASS) 30787J 12

2002AF Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(FASS-FHA)

30781J 12

2002AG Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(QASS)

30788J 12

2002AH Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(CASS)

30780J 12

2003 Future Development IAW SOW 3.1.1.A through 3.1.1.H NTE $13,823,158

Program Manager $________

Project Manager $________

Project Architect $________

Senior Database Application Programmer IV$________

Senior Programmer/Programmer V$________

Programmer IV $________

Subject Matter Expert II $________

Technical Writer Editor $________

Programmer III $________

Journeyman DB Application Programmer III $________

DB Application Programmer II $________

PC-22567

SECTION B


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B.2 SECTION 1 - FIXED PRICE/LABOR HOUR LINE ITEMS - SUPPLIES ANDSERVICES




3001 System Operations3001AA Steady State: System Operations IAW, SOW C.3.1.1.I

(FASS-PH)30782I 12

3001AB Steady State: System Operations IAW, SOW C.3.1.1.I

(MASS)30783I 12

3001AC Steady State: System Operations IAW, SOW C.3.1.1.I(NASS)

30786I 12

3001AD Steady State: System Operations IAW, SOW C.3.1.1.I

(RASS)

30768I 12

3001AE Steady State: System Operations IAW, SOW C.3.1.1.I(PASS)

30787I 12

3001AF Steady State: System Operations IAW, SOW C.3.1.1.I(FASS-FHA)

30781I 12

3001AG Steady State: System Operations IAW, SOW C.3.1.1.I(QASS)

30788I 12

3001AH Steady State: System Operations IAW, SOW C.3.1.1.J(CASS)

30780I 12


(FASS-PH)30782J 12

3002AB Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J

(MASS)

30783J 12

3002AC Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(NASS)

30786J 12


30768J 12

3002AE Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(PASS)

30787J 12


30781J 12


30788J 12


30780J 12


Program Manager $______

Project Manager $______

Project Architect $______

Senior Database Application Programmer IV $______

Senior Programmer/Programmer V $______

Programmer IV $______

Subject Matter Expert II $______

Technical Writer Editor $______


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Programmer III $______

Journeyman DB Application Programmer III $______

DB Application Programmer II $______


Ordering Period 4: Months 37 through 48




(FASS-PH)30782I 12

4001AB Steady State: System Operations IAW, SOW C.3.1.1.I(MASS)

30783I 12

4001AC Steady State: System Operations IAW, SOW C.3.1.1.I

(NASS)

30786I 12

4001AD Steady State: System Operations IAW, SOW C.3.1.1.I(RASS)

30768I 12


30787I 12


30781I 12


30788I 12


30780I 12


(FASS-PH)

30782J 12


30783J 12


30786J 12


30768J 12


30787J 12


30781J 12


30788J 12

4002AH Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(CASS) 30780J 12









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Journeyman DB Application Programmer III $______DB Application Programmer II $______


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CLIN CLIN Name FundingIdentifier UnitPrice Quantity Total


(FASS-PH)30782I 12


30783I 12


30786I 12


30768I 12


30787I 12

5001AF Steady State: System Operations IAW, SOW C.3.1.1.I(FASS-FHA) 30781I 12


30788I 12


30780I 12


(FASS-PH)30782J 12


30783J 12


30786J 12

5002AD Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(RASS) 30768J 12


30787J 12


30781J 12


30788J 12


30780J 12



Project Manager $______Project Architect $______










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Award Term I Ordering Period: Months 61 through 72




(FASS-PH)30782I 12


30783I 12


30786I 12


30768I 12

6001AE Steady State: System Operations IAW, SOW C.3.1.1.I

(PASS)

30787I 12


30781I 12


30788I 12


30780I 12


(FASS-PH)30782J 12


30783J 12

6002AC Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J

(NASS)

30786J 12


30768J 12


30787J 12


30781J 12


30788J 12


30780J 12


Program Manager $______Project Manager $______










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Award Term II Ordering Period: Months 73 through 84




(FASS-PH)30782I 12


30783I 12

7001AC Steady State: System Operations IAW, SOW C.3.1.1.I

(NASS)

30786I 12


30768I 12


30787I 12


30781I 12


30788I 12


30780I 12

7002 Corrective Maintenance7002AA Steady State: Corrective Maintenance IAW, SOW

C.3.1.1.J (FASS-PH)

30782J 12


30783J 12


30786J 12


30768J 12


30787J 12


30781J 12


30788J 12

7002AH Steady State: Corrective Maintenance IAW, SOW C.3.1.1.J(CASS) 30780J 12









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Journeyman DB Application Programmer III $______DB Application Programmer II $______


Award Term III Ordering Period: Months 85 through 96




(FASS-PH)30782I 12

8001AB Steady State: System Operations IAW, SOW C.3.1.1.I

(MASS)

30783I 12


30786I 12


30768I 12


30787I 12


30781I 12


30788I 12


30780I 12

1002 Corrective Maintenance8002AA Steady State: Corrective Maintenance IAW, SOW

C.3.1.1.J (FASS-PH)30782J 12


30783J 12


30786J 12


30768J 12


30787J 12


30781J 12


30788J 12


30780J 12







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Technical Writer Editor $______Programmer III $______



PRICING SUMMARY FOR ALL YEARS

DURATIONSFFP CLINS

(001and 002)

LH CLINS

(003)TOTAL

PERIOD 1 MONTHS 1 - 12 $ $ $

PERIOD 2 MONTHS 1324 $ $ $



PERIOD 5 MONTHS 49 - 60 $ $ $

TOTAL PRICE ALL YEARS $ $ $

Transition Out

CLINTBD*

1 Job $

* Transition Out pricing will be based on transitioning during the last 12 months or expiration of this BPA. However, thisamount maybe renegotiated if this BPA expires before the duration of the 60 months.


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B.3 LABOR CATEGORIES, UNIT PRICES PER HOUR & PAYMENT

The Offeror/Contractor shall provide the following types of labor categories at the corresponding unit price per hour in accordance

with the terms of this BPA and the associated GSA Schedule Contract. The unit price per hour is inclusive of the hourly wage plusany applicable labor overhead, General and Administrative (G&A) expenses, and profit. The total amounts billed shall be derivedby multiplying the actual number of hours worked per category by the corresponding price per hour. Labor hour/Time andMaterial task orders will specify a not-to-exceed amount and a list of labor categories to be used for that particular task. Prices perhour shall apply for the duration of this BPA or until expiration of the GSA Schedule Contract.

GSA Schedule 70, NAICS Code 541511 APPLIES

PLEASE LIST THE APPROPRIATE LABOR CATEGORIES AND HOURLY RATE PER YOUR GSA SCHEDULES &ADD MORE ROWS IF NECESSARY

LABOR /WAGECATEGORIES SCHEDULEKEY PERSONNEL

1-12 MTHS 13-24 MTHS 25-36 MTHS 37-48 MTHS 49-60 MTHS

1. $ $ $ $ $

2. $ $ $ $ $

3. $ $ $ $ $

4. $ $ $ $ $

LABOR /WAGECATEGORIES SCHEDULEOTHER STAFFING

1-12 MTHS 13-24 MTHS 25-36 MTHS 37-48 MTHS 49-60 MTHS

5. $ $ $ $ $

6. $ $ $ $ $

7. $ $ $ $ $

8. $ $ $ $ $

9. $ $ $ $ $

10. $ $ $ $ $

11. $ $ $ $ $

12. $ $ $ $ $

13. $ $ $ $ $

14. $ $ $ $ $

15. $ $ $ $ $

16. $ $ $ $ $

17. $ $ $ $ $


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IT Maintenance and Operations Support Services For A80BDR

SECTION CDESCRIPTION/SPECIFICATION/STATEMENT OF WORKPage C-24


C.1 DESCRIPTION OF WORK

The purpose of this effort is to obtain assessment, analysis, design, development, maintenance, systems operation,project management, and administrative services for the A80B/SFPCS-P, A80D/DSRS, and A80R/SFPCS-U systems.The effort includes ensuring that the FHA Comptroller systems are fully compatible with current software systems asshown in Attachments 1 and 2. These systems are fully functional in relation to existing software elements as shownin Attachments 5, 6 & 7 and in relation to existing operating environments as shown in Attachment 3 within HUDthroughout the entire performance period of the contract.

The Contractor shall perform these services in accordance with Attachment A, Statement of Work, dated March 2011.


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IT Maintenance and Operations Support Services For Public Housing Assessment Subsystems (PHAS)

SECTION DSUPPLEMENTAL CLAUSES & PROVISIONS

Page D-1


D.1 PERIOD OF PERFORMANCE

The Contractor shall complete all work as described in the Section C: SOW within 60 months. The total of this BPA

will be 60 months, with up to 36 months as award terms and an additional six (6) months (FAR 52-217-8), IFDEEMED NECESSARY.

60 Months PERIOD OF PERFORMANCE

PERIOD 1 (Months 112) Effective date of Award thru 12months

PERIOD 2 (Months 1324) 12 months




36 Months (Award Term) PERIOD OF PERFORMANCEPERIOD 1 (Months 6172) 12 months



(End of clause)

D.2 PLACE OF PERFORMANCE

The Contractor shall perform the work under this SOW off-site at the Contractors facilities. The Contractor shall

provide office space for the project team within a 50-mile radius of HUD Headquarters (HQ). The requirementsconcerning geographic limitations on the location of the Contractor facility are due to the need for close liaisonbetween the Contractor and HUD personnel to facilitate day-to-day integration and coordination, control overdocuments, and the need for rapid turnaround of work.

(End of clause)

D.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract thatimplement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB)guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number201, as amended.

(b) The Contractor shall insert this clause in all subcontracts when the Sub-Contractor is required to have routinephysical access to a Federally-controlled facility and/or routine access to a Federally-controlled informationsystem.

(End of clause)


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Page D-2


D.4 52.209-5 -- Certification Regarding Responsibility Matters (Apr 2010)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, ordeclared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, beenconvicted of or had a civil judgment rendered against them for: commission of fraudor a criminal offense in connection with obtaining, attempting to obtain, or performing

a public (Federal, State, or local) contract or subcontract; violation of Federal or Stateantitrust statutes relating to the submission of offers; or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements,tax evasion, violating Federal criminal tax laws, or receiving stolen property (ifofferor checks have, the offeror shall also see 52.209-7, if included in thissolicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civillycharged by a governmental entity with, commission of any of the offenses enumeratedin paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, beennotified of any delinquent Federal taxes in an amount that exceeds $3,000 for whichthe liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteriaapply:

(i) The tax liability is finally determined. The liability is finallydetermined if it has been assessed. A liability is not finallydetermined if there is a pending administrative or judicial challenge.In the case of a judicial challenge to the liability, the liability is notfinally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer isdelinquent if the taxpayer has failed to pay the tax liability when fullpayment was due and required. A taxpayer is not delinquent in caseswhere enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, underI.R.C. 6212, which entitles the taxpayer to seek Tax Court review of


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a proposed tax deficiency. This is not a delinquent tax because it isnot a final tax liability. Should the taxpayer seek Tax Court review,this will not be a final tax liability until the taxpayer has exercised all

judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to anassessed tax liability, and the taxpayer has been issued a notice underI.R.C. 6320 entitling the taxpayer to request a hearing with the IRSOffice of Appeals contesting the lien filing, and to further appeal tothe Tax Court if the IRS determines to sustain the lien filing. In thecourse of the hearing, the taxpayer is entitled to contest theunderlying tax liability because the taxpayer has had no prioropportunity to contest the liability. This is not a delinquent taxbecause it is not a final tax liability. Should the taxpayer seek taxcourt review, this will not be a final tax liability until the taxpayer has

exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuantto I.R.C. 6159. The taxpayer is making timely payments and is infull compliance with the agreement terms. The taxpayer is notdelinquent because the taxpayer is not currently required to make fullpayment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer isnot delinquent because enforced collection action is stayed under 11U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one ormore contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer; director; owner; partner; or aperson having primary management or supervisory responsibilities within a business entity (e.g.,general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United Statesand the Making of a False, Fictitious, or Fraudulent Certification May Render the MakerSubject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contractaward, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason ofchanged circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result inwithholding of an award under this solicitation. However, the certification will be considered in connection with adetermination of the Offerors responsibility. Failure of the Offeror to furnish a certification or provide such additionalinformation as requested by the Contracting Officer may render the Offeror nonresponsible.


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(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order torender, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information ofan Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of

business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance wasplaced when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, inaddition to other remedies available to the Government, the Contracting Officer may terminate the contract resultingfrom this solicitation for default.

(End of Provision)

D.5 52.209-7Information Regarding Responsibility Matters (Jan 2011)

(a) Definitions. As used in this provision

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make adetermination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, CivilianBoard of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includesadministrative proceeding at the Federal and State level but only in connection with performance of a Federal contractor grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection ofdeliverables.

Federal contracts and grants with total value greater than $10,000,000 means

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery,indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-awardSchedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisoryresponsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than$10,000,000.

(c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer,that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) iscurrent, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, inconnection with the award to or performance by the offeror of a Federal contract or grant, been thesubject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.


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(i) Public requests for system information posted prior to April 15, 2011, will be handledunder Freedom of Information Act procedures, including, where appropriate, procedurespromulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS onor after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

D.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS -- COMMERCIAL ITEMS (APR 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are

incorporated in this contract by reference, to implement provisions of law or Executive orders applicable toacquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated asbeing incorporated in this contract by reference to implement provisions of law or Executive orders applicable toacquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), withAlternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery andReinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contractsfunded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards(Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment ActReporting Requirements (Jul2010) (Pub. L. 111-5).


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_X__ (6) 52.209-6, Protecting the Government Interest When Subcontracting withContractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition

of commercially available off-the-shelf items).

___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15U.S.C. 657a).

___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small BusinessConcerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in itsoffer)(15 U.S.C. 657a).

___ (9) [Reserved]

___ (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.644).


___ (iii) Alternate II (Mar 2004) of 52.219-7.

__X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2)and (3)).

_X__ (13) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4).)


___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

_X__ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

_X__ (15) 52.219-16, Liquidated DamagesSubcontracting Plan (Jan 1999) (15 U.S.C.637(d)(4)(F)(i)).

___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small DisadvantagedBusiness Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment,it shall so indicate in its offer).


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___ (ii) Alternate I (June 2003) of 52.219-23.

___ (17) 52.219-25, Small Disadvantaged Business Participation ProgramDisadvantaged

Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-26, Small Disadvantaged Business Participation ProgramIncentiveSubcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15U.S.C. 632(a)(2)).

___ (21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-

Owned Small Business (EDWOSB) Concerns (Apr 2011).

___ (22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB)Concerns Eligible Under the WOSB Program (Apr 2011).

__X_ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (24) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jul 2010)(E.O. 13126).

_X__ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (26) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.793).

_X__ (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (30) 52.222-40, Notification of Employee Rights Under the National Labor RelationsAct (Dec 2010) (E.O. 13496).

_X__ (31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order12989). (Not applicable to the acquisition of commercially available off-the-shelf items orcertain other types of commercial items as prescribed in 22.1803.)

___ (32) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisitionof commercially available off-the-shelf items.)


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___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to theacquisition of commercially available off-the-shelf items.)

___ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.8259b).

___ (34) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of PersonalComputer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010)(E.O. 13513).

___ (36) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (37) (i) 52.225-3, Buy American ActFree Trade AgreementsIsraeli Trade Act (Jun2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note,Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

__X_ (39) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s,proclamations, and statutes administered by the Office of Foreign Assets Control of theDepartment of the Treasury).

___ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.5150).

___ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

___ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.255(f), 10 U.S.C. 2307(f)).

_X__ (44) 52.232-33, Payment by Electronic Funds TransferCentral ContractorRegistration (Oct. 2003) (31 U.S.C. 3332).


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___ (45) 52.232-34, Payment by Electronic Funds TransferOther Than Central ContractorRegistration (May 1999) (31 U.S.C. 3332).

___ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X__ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (48) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that theContracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law orexecutive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

__X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts forMaintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts forCertain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)(Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of RecordThe Contractor shall comply with the provisions of this paragraph (d)if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and doesnot contain the clause at 52.215-2, Audit and Records -- Negotiation.


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(1) The Comptroller General of the United States, or an authorized representative of the ComptrollerGeneral, shall have access to and right to examine any of the Contractors directly pertinent recordsinvolving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, andother evidence for examination, audit, or reproduction, until 3 years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of theother clauses of this contract. If this contract is completely or partially terminated, the records relatingto the work terminated shall be made available for 3 years after any resulting final terminationsettlement. Records relating to appeals under the disputes clause or to litigation or the settlement ofclaims arising under or relating to this contract shall be made available until such appeals, litigation, orclaims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, andother data, regardless of type and regardless of form. This does not require the Contractor to create or

maintain any record that the Contractor does not maintain in the ordinary course of business orpursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause,the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow downshall be as required by the clause

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252,Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract(except subcontracts to small business concerns) exceeds $650,000 ($1.5 million forconstruction of any public facility), the subcontractor must include 52.219-8 in lower tiersubcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)


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(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts forMaintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts forCertain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance withparagraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimalnumber of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

D.8 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified.The Contracting Officer may exercise the option by written notice to the Contractor within 30 Months.Delivery of the added items shall continue at the same rate as the like items called for under the contract,unless the parties otherwise agree.

(End of clause)

D.9 52.217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an optionitem, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option


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by written notice to the Contractor within 30 Days. Delivery of added items shall continue at the same ratethat like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

D.10 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in thecontract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary ofLabor. The option provision may be exercised more than once, but the total extension of performance hereundershall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within30 days of expiration of the task order.

(End of clause)

D.11 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

Except for data contained on pages_ N/A__, it is agreed that as a condition of award of this contract, andnotwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as definedin the "Rights in Data--General" clause contained in this contract) in and to the technical data contained in the proposaldated upon which this contract is based.

ALL DATA IS THE PROPERTY OF HUD AND SHALL BE RETURNED TO HUD WITHIN 30 DAYSAFTER THE EXPIRATION OR TERMINATION OF THIS BPA AND ISSUED TASK ORDERS IN AFORMAT TO BE DETERMINED BY HUD.

(End of clause)

D.12 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOURCONTRACTS (FEB 2007)Alternate I (Feb 2007)

The Government will pay the Contractor as follows upon the submission of vouchers approved by the ContractingOfficer or the authorized representative:

(a) Hourly rate.


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(1) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor categoryqualifications of a labor category specified in the contract that are

(i) Performed by the Contractor;

(ii) Performed by the Subcontractors; or

(iii) Transferred between divisions, subsidiaries, or affiliated of the Contractor under a commoncontrol.

(2) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule bythe number of direct labor hours performed.

(3) The hourly rates shall be paid for all labor performed on the contract that meets the labor qualificationsspecified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in

the contract will not be paid to the extent the work is performed by employees that do not meet thequalifications specified in the contract, unless specifically authorized by the Contracting Officer.

(4) The hourly rates shall include wages, indirect costs, general and administrative expense, and profit.Fractional parts of an hour shall be payable on a prorated basis.

(5) Vouchers may be submitted once each month (or at more frequent intervals, if approved by the ContractingOfficer), to the Contracting Officer or authorized representative. The Contractor shall substantiate vouchers(including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actualpayment and by

(i) Individual daily job timekeeping records;

(ii) Records that verify the employees meet the qualifications for the labor categories specified in thecontract; or

(iii) Other substantiation approved by the Contracting Officer.

(6) Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise providedin this contract, and subject to the terms of paragraph (e) of this clause, pay the voucher as approved by theContracting Officer or authorized representative.

(7) Unless otherwise prescribed in the Schedule, the Contracting Officer may unilaterally issue a contract

modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in anamount that the Contracting Officer considers necessary to protect the Governments interests. TheContracting Officer may require a withhold of 5 percent of the amounts due under paragraph (a), but the totalamount withheld for the contract shall not exceed $50,000. The amounts withheld shall be retained until theContractor executes and delivers the release required by paragraph (g) of this clause.

(8) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue ofthe Contractor having performed work on an overtime basis. If no overtime rates are provided in the Scheduleand overtime work is approved in advance by the Contracting Officer, overtime rates shall be negotiated.Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this


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contract. If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursableonly to the extent the overtime is approved by the Contracting Officer.

(b) Materials. (NOT APPLICABLE, REFER TO (j))

(1) For the purposes of this clause

(i) Direct materials means those materials that enter directly into the end product, or that are used orconsumed directly in connection with the furnishing of the end product or service.

(ii) Materials means

(A) Direct materials, including supplies transferred between divisions, subsidiaries, oraffiliates of the Contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor categoryspecified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specifiedin the contract, travel, computer usage charges, etc.); and

(D) Applicable indirect costs.

(2) If the Contractor furnishes its own materials that meet the definition of a commercial item at 2.101, theprice to be paid for such materials shall not exceed the Contractors established catalog or market price,adjusted to reflect the

(i) Quantities being acquired; and

(ii) Actual cost of any modification necessary because of contract requirements.

(3) Except as provided for in paragraph (b)(2) of this clause, the Government will reimburse the Contractor forallowable cost of materials provided the Contractor--

(i) Has made payments for materials in accordance with the terms and conditions of the agreement orinvoice; or

(ii) Ordinarily makes these payments within 30 days of the submission of the Contractors payment

request to the Government and such payment is in accordance with the terms and conditions of theagreement or invoice.

(4) Payment for materials is subject to the Allowable Cost and Payment clause of this contract. TheContracting Officer will determine allowable costs of materials in accordance with Subpart 31.2 of the FederalAcquisition Regulation (FAR) in effect on the date of this contract.

(5) The Contractor may include allocable indirect costs and other direct costs to the extent they are


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(i) Comprised only of costs that are clearly excluded from the hourly rate;

(ii) Allocated in accordance with the Contractors written or established accounting practices; and

(iii) Indirect costs are not applied to subcontracts that are paid at the hourly rates.

(6) To the extent able, the Contractor shall--

(i) Obtain materials at the most advantageous prices available with due regard to securing promptdelivery of satisfactory materials; and

(ii) Take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and otherbenefits. When unable to take advantage of the benefits, the Contractor shall promptly notify theContracting Officer and give the reasons. The Contractor shall give credit to the Government for cashand trade discounts, rebates, scrap, commissions, and other amounts that have accrued to the benefit of

the Contractor, or would have accrued except for the fault or neglect of the Contractor. The Contractorshall not deduct from gross costs the benefits lost without fault or neglect on the part of the Contractor,or lost through fault of the Government.

(7) Except as provided for in 31.205-26(e) and (f), the Government will not pay profit or fee to the primeContractor on materials.

(c) If the Contractor enters into any subcontract that requires consent under the clause at 52.244-2, Subcontracts,without obtaining such consent, the Government is not required to reimburse the Contractor for any costs incurredunder the subcontract prior to the date the Contractor obtains the required consent. Any reimbursement of subcontractcosts incurred prior to the date the consent was obtained shall be at the sole discretion of the Government.

(d) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceedthe ceiling price set forth in the Schedule, and the Contractor agrees to use its best efforts to perform the workspecified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractorhas reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in thenext succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of theceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the totalprice to the Government for performing this contract with supporting reasons and documentation. If at any time duringperforming this contract, the Contractor has reason to believe that the total price to the Government for performing thiscontract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify theContracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasonsand documentation. If at any time during performing this contract, the Government has reason to believe that the workto be required in performing this contract will be substantially greater or less than the stated ceiling price, theContracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to berequired under the contract.

(e) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceilingprice in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed theceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing thatthe ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price forperformance under this contract. When and to the extent that the ceiling price set forth in the Schedule has beenincreased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the


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increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after theincrease in the ceiling price.

(f) Audit. At any time before final payment under this contract, the Contracting Officer may request audit of theinvoices or vouchers and supporting documentation. Each payment previously made shall be subject to reduction to theextent of amounts, on preceding vouchers, that are found by the Contracting Officer or authorized representative not tohave been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments.Upon receipt and approval of the voucher designated by the Contractor as the completion voucher and supportingdocumentation, and upon compliance by the Contractor with all terms of this contract (including, without limitation,terms relating to patents and the terms of paragraph (g) of this section), the Government shall promptly pay anybalance due the Contractor. The completion voucher, and supporting documentation, shall be submitted by theContractor as promptly as practicable following completion of the work under this contract, but in no event later than 1year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(g) Assignment and Release of ClaPASS. The Contractor, and each assignee under an assignment entered into under

this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of andas a condition precedent to final payment under this contract, a release discharging the Government, its officers,agents, and employees of and from all liabilities, obligations, and claPASS arising out of or under this contract, subjectonly to the following exceptions:

(1) Specified claPASS in stated amounts, or in estimated amounts if the amounts are not susceptible of exactstatement by the Contractor.

(2) ClaPASS, together with reasonable incidental expenses, based upon the liabilities of the Contractor to thirdparties arising out of performing this contract, that are not known to the Contractor on the date of the executionof the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6years after the date of the release or the date of any notice to the Contractor that the Government is prepared to

make final payment, whichever is earlier.

(3) ClaPASS for reimbursement of costs (other than expenses of the Contractor by reason of itsindemnification of the Government against patent liability), including reasonable incidental expenses, incurredby the Contractor under the terms of this contract relating to patents.

(h) Interim payments on contracts for other than services.

(1) Interim payments made prior to the final payment under the contract are contract financing payments.Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.

(2) The designated payment office will make interim payments for contract financing on the _________[Contracting Officer insert day as prescribed by agency head; if not prescribed, insert 30th] day after thedesignated billing office receives a proper payment request. In the event that the Government requires an auditor other review of a specific payment request to ensure compliance with the terms and conditions of thecontract, the designated payment office is not compelled to make payment by the specified due date.

(i) Interim payments on contracts for services. For interim payments made prior to the final payment under thiscontract, the Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) andprompt payment regulations at 5 CFR part 1315.


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(j) The terms of this clause that govern reimbursement for materials furnished are considered to have beendeleted.

(End of clause)

D.13 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this Task Order are vital to the Government and must becontinued without interruption and that, upon Task Order expiration, a successor, either the Government oranother Contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a

successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out servicesfor up to 90 days after this Task Order expires and (2) negotiate in good faith a plan with a successor todetermine the nature and extent of phase-in, phase-out services required. The plan shall specify a trainingprogram and a date for transferring responsibilities for each division of work described in the plan, andshall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experiencedpersonnel during the phase-in, phase-out period to ensure that the services called for by this Task Order aremaintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successormaintain the continuity and consistency of the services required by this Task Order. The Contractor also

shall disclose necessary personnel records and allow the successor to conduct on-site interviews with theseemployees. If selected employees are agreeable to the change, the Contractor shall release them at amutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred withinthe agreed period after Task Order expiration that result from phase-in, phase-out operations) and a fee(profit) not to exceed a pro rata portion of the fee (profit) under this Task Order.

(End of clause)

D.14 52.234-4 EARNED VALUE MANAGEMENT SYSTEM (JUL 2006)

(a) The Contractor shall use an earned value management system (EVMS) that has been determined by theCognizant Federal Agency (CFA) to be compliant with the guidelines in ANSI/EIA Standard - 748 (currentversion at the time of award) to manage this contract. If the Contractor's current EVMS has not beendetermined compliant at the time of award, see paragraph (b) of this clause. The Contractor shall submitreports in accordance with the requirements of this contract.

(b) If, at the time of award, the Contractor's EVM System has not been determined by the CFA as complying withEVMS guidelines or the Contractor does not have an existing cost/schedule control system that is compliantwith the guidelines in ANSI/EIA Standard - 748 (current version at time of award), the Contractor shall--(1) Apply the current system to the contract; and


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(2) Take necessary actions to meet the milestones in the Contractor's EVMS plan approved by the ContractingOfficer.

(c) The Government will conduct an Integrated Baseline Review (IBR). If a pre-award IBR has not been

conducted, a post award IBR shall be conducted as early as practicable after contract award.(d) The Contracting Officer may require an IBR at--

(1) Exercise of significant options; or(2) Incorporation of major modifications.

(e) Unless a waiver is granted by the CFA, Contractor proposed EVMS changes require approval of the CFAprior to implementation. The CFA will advise the Contractor of the acceptability of such changes within 30calendar days after receipt of the notice of proposed changes from the Contractor. If the advance approvalrequirements are waived by the CFA, the Contractor shall disclose EVMS changes to the CFA at least 14calendar days prior to the effective date of implementation.

(f) The Contractor shall provide access to all pertinent records and data requested by the Contracting Officer or aduly authorized representative as necessary to permit Government surveillance to ensure that the EVMSconforms, and continues to conform, with the performance criteria referenced in paragraph (a) of this clause.

(g) The Contractor shall require the subcontractors specified below to comply with the requirements of thisclause: [Insert list of applicable subcontractors.]

NAME POSITION

(End of clause)

D.15 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

This BPA incorporates one or more clauses by reference as shown below, with the same force and effect as if theywere given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at this/these address(es):

http://www.hud.govhttp://www.hud.gov/offices/cpo/hudar.cfmhttp://www.acqnet.gov/far/

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUL 200452.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-7 ANTI-KICKBACK PROCEDURES OCT 201052.210-1 MARKET RESEARCH APR 201152.212-4 CONTRACT TERMS AND CONDITIONSCOMMERCIAL ITEMS MAR 2009

ALTERNATE I (OCT 2008)52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT SEP 2009

STATUTES OR EXECUTIVE ORDERSCOMMERCIAL ITEMS52.215-2 AUDIT AND RECORDSNEGOTIATION MAR 200952.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 198452.216-25 CONTRACT DEFINITIZATIONOCT 201052.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004
http://www.hud.gov/http://www.hud.gov/http://www.hud.gov/offices/cpo/hudar.cfmhttp://www.hud.gov/offices/cpo/hudar.cfmhttp://www.acqnet.gov/far/http://www.acqnet.gov/far/http://www.acqnet.gov/far/http://www.hud.gov/offices/cpo/hudar.cfmhttp://www.hud.gov/


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52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN APR 200852.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN JAN 199952.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 200952.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING AUG 200352.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 200352.223-16 IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT DEC 2007

OF PERSONAL COMPUTER PRODUCTS52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING SEP 201

draft solicitation r opc 23903

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