Solicitation RFQ PR812-752-14 - Norfolk Redevelopment and
Transcription
Solicitation RFQ PR812-752-14 - Norfolk Redevelopment and
Norfolk Redevelopment and Housing Authority Request for Quotes # PR812-752-14 for Towing Services March 13, 2014 RFQ PR812-752-14 Page 1 of 15 GENERAL INFORMATION FORM QUESTIONS: All inquiries for information regarding this solicitation should be directed to: Tom Winder, e-mail: [email protected]. Deadlines for questions are one week before submittal date. No question shall be answered after that date. DUE DATE: Quotes will be received until March 28, 2014, not later than 3:00 p.m., Eastern Standard Time. Failure to submit offers to the correct location by the designated date and hour will result in disqualification. ADDRESS: Quotes may be mailed, emailed, faxed or hand delivered to: NRHA Purchasing Services Office, 201 Granby Street, 7th Floor, Norfolk, VA 23510. Reference the Opening Date and Hour, and RFQ Number in the lower left corner of the return envelope or package. It shall be the vendors’ responsibility to ascertain that faxed or emailed quotes are received in a timely manner. In compliance with this Request for Quotes and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation. PRE-PROPOSAL CONFERENCE: None for this solicitation. TYPE OF BUSINESS: (Please check all applicable classifications). If your classification is certified by the Virginia Department of Minority Business Enterprise, provide your certification number: ___________. For certification assistance, please visit: http:/www.dmbe.state.va.us. Large Small business – An independently owned and operated business which, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years. Department of Minority Business Enterprise (DMBE) certified women-owned and minority-owned business shall also be considered small business when they have received DMBE small business certification. Women-owned business – A business concern that is at least 51% owned by one or more women who are U. S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law, and both the management and daily business operations are controlled by one or more women who are U. S. citizens or legal resident aliens. Minority-owned business – A business concern that is at least 51% owned by one or more minority individuals (see Section 2.2-1401, Code of Virginia) or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals. COMPANY INFORMATION/SIGNATURE: In compliance with this Request for Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation. Providing false data on this sheet is grounds for deciding that your company is non-responsive in regards to proposal submittal and may be removed from the competition. FULL LEGAL NAME (PRINT) FEDERAL TAXPAYER NUMBER (ID#) (Company name as it appears with your Federal Taxpayer Number) BUSINESS NAME/DBA NAME/TA NAME FEDERAL TAXPAYER NUMBER (If different than the Full Legal Name) (If different than ID# above) BILLING NAME (Company name as it appears on your invoice) IDENTIFICATION NUMBER issued by the State Corporation Commission (See Section III, paragraph 9) CONTRACT AND TASK ORDER ADDRESS PAYMENT ADDRESS CONTACT NAME/TITLE (PRINT) SIGNATURE (IN INK) for Quote PR812-752-14 E-MAIL ADDRESS TELEPHONE NUMBER TOLL FREE TELEPHONE NUMBER DATE SIGNED FAX NUMBER TO RECEIVE RFQ PR812-752-14 I. Page 2 of 15 PRICING A. Pricing shall be all inclusive of transportation, labor, overhead, G&A, and fee. No other charges are applicable to the resultant contract and thus disapproved on all invoices. B. The Offeror hereby agrees to provide all material, equipment, transportation and incidentals in accordance with the conditions of the solicitation and specifications. C. This solicitation shall result in an indefinite delivery, indefinite quantity term contract for Towing Services at the offered and awarded unit prices, to be ordered on an as needed, as ordered basis. D. Based on previous 2 years of towing services provided to NRHA, the expected level of need for emergency towing is 15 - 20 tows per year. The amount of services actually ordered may be more or less than the amount stated herein and the awarded service provider(s) should not rely on this estimate. The figure is provided as information only. CLIN - Contract Line Item Number The pricing lines pertain to all work under Section V. A, B, and D through G. CLIN 0001 - Base Period, Contract Award through June 30, 2014: Cost Per Tow – within Norfolk City Limits Description Estimated # of Tows Vehicles 4,000 lbs and under $ 5* Vehicles 4,001 to 10,000 lbs $ 8* Vehicles 10,001 lbs to 20,000 lbs $ 2* Tractors and Lawn Equipment $ 5* Overage Mileage Rate Estimated Annual cost $_____________ X 75* miles = estimated annual cost $_____________ CLIN 0001 price (Total of all CLIN 0001 lines above) $_____________ RFQ PR812-752-14 Page 3 of 15 CLIN 0002 – Option Year 1, July 1, 2014 through June 30, 2015: Cost Per Tow – within Norfolk City Limits Description Estimated # of Tows Vehicles 4,000 lbs and under $ 5* Vehicles 4,001 to 10,000 lbs $ 8* Vehicles 10,001 lbs to 20,000 lbs $ 2* Tractors and Lawn Equipment $ 5* Overage Mileage Rate Estimated Annual cost $_____________ X 75* miles = estimated annual cost $_____________ CLIN 0002 price (Total of all CLIN 0002 lines above) $_____________ CLIN 0003 – Option Year 2, July 1, 2015 through June 30, 2016: Cost Per Tow – within Norfolk City Limits Description Estimated # of Tows Vehicles 4,000 lbs and under $ 5* Vehicles 4,001 to 10,000 lbs $ 8* Vehicles 10,001 lbs to 20,000 lbs $ 2* Tractors and Lawn Equipment $ 5* Overage Mileage Rate Estimated Annual cost $_____________ X 75* miles = estimated annual cost $_____________ CLIN 0003 price (Total of all CLIN 0003 lines above) $_____________ CLIN 0004 – Option Year 3, July 1, 2016 through June 30, 2017: Cost Per Tow – within Norfolk City Limits Description Estimated # of Tows Vehicles 4,000 lbs and under $ 5* Vehicles 4,001 to 10,000 lbs $ 8* Vehicles 10,001 lbs to 20,000 lbs $ 2* Tractors and Lawn Equipment $ 5* Overage Mileage Rate Estimated Annual cost $_____________ X 75* miles = estimated annual cost $_____________ CLIN 0004 price (Total of all CLIN 0004 lines above) $_____________ RFQ PR812-752-14 Page 4 of 15 CLIN 0005 – Option Year 4, July 1, 2017 through June 30, 2018: Cost Per Tow – within Norfolk City Limits Description Estimated # of Tows Vehicles 4,000 lbs and under $ 5* Vehicles 4,001 to 10,000 lbs $ 8* Vehicles 10,001 lbs to 20,000 lbs $ 2* Tractors and Lawn Equipment $ 5* Overage Mileage Rate Estimated Annual cost $_____________ X 75* miles = estimated annual cost $_____________ CLIN 0005 price (Total of all CLIN 0005 lines above) TOTAL EVALUATED PRICE (Total of CLIN 0001 through 0005) $_____________ $_______________ CASH DISCOUNT FOR PROMPT PAYMENT______% 10 DAYS/ NET __30___ DAYS (Service provider may offer prompt payment discount, otherwise, terms are net 30) * II. Estimated amounts are for evaluation purposes, only. Amounts actually ordered may be more or less than the estimated amounts. PURPOSE Norfolk Redevelopment and Housing Authority (NRHA) is seeking a qualified Contractor to provide vehicle towing services on a firm-fixed unit price, indefinite quantity, indefinite delivery basis. III. CONTRACT PERIOD This effort will be for up to a five-year contract; base performance period plus four one-year options. The base performance period is: Base Year – Contract Award through June 30, 2014. Option year performance periods are: Option Year 1 – July 1, 2014 through June 30, 2015 Option Year 2 – July 1, 2015 through June 30, 2016 Option Year 3 – July 1, 2016 through June 30, 2017 Option Year 4 – July 1, 2017 through June 30, 2018 Exercise of options is the sole right and prerogative of NRHA. The Contractor shall be obligated by acceptance of an awarded contract, to execute the base year and each option year of the contract. The Contractor will be notified thirty (30) days prior to the end of each contractual year of NRHA’s decision to exercise the option year. IV. BACKGROUND A. NRHA is a political subdivision, created under the laws of the State of Virginia to provide public and other affordable housing and related services to eligible low- RFQ PR812-752-14 Page 5 of 15 income families of Norfolk, Virginia. NRHA, primarily funded by the U.S. Department of Housing and Urban Development (“HUD”), develops, maintains and manages lowrent public housing and other low-income housing. NRHA currently manages over 3,229 units of public housing. B. In order to properly ensure continuity of operations, NRHA requires, from time to time, towing services for removal of improperly parked vehicles and emergency towing services for Authority vehicles and equipment. V. STATEMENT OF NEED NIGP Commodity Code(s) for this effort are/is: 96890 A. Minimum Contractor Qualifications: 1. The Contractor selected shall be an established company, or sole proprietorship, with not less than three (3) years in business and three (3) years experience in providing Towing Services similar to the requirements identified herein. 2. The Contractor shall have sufficient equipment and capacity to provide the towing of all vehicles identified herein or provide evidence of the ability to provide such capacity within the time frames specified herein. 3. The contractor shall have sufficient financial resources to successfully provide the scope of services identified herein, including the identified permissible billing frequency. B. GENERAL REQUIREMENTS 1. The Contractor shall ensure that they are in compliance with all law and regulations in executing the work, including any Federal, State, or local Safety and Environmental law and regulations. 2. The Contractor shall notify the Authority of any damage to NRHA property or private property caused by performance of work under this contract including, but not limited to, damage to grounds, trees, shrubbery, beds, sidewalks, driveways, parking lots, vehicles, building exteriors, floors, walls, doorways, or elevators during the work. Contractor shall be responsible for repairs to, or replacement of, damaged property and timely remediation of any water damage, at no additional cost to the Authority. 3. For security measures, Contractor shall wear uniforms, carry company identification badges, or provide other means, acceptable to the Authority, that identifies authorized employees or subcontractor personnel at all times while working on NRHA properties. 4. The Contractor is responsible for the security of all materials, tools, and equipment used in the conduct of the work while on NRHA properties whether the Contractor’s personnel or subcontractor personnel are present, or not. 5. All tow truck drivers/operators shall be licensed by the Virginia Department of Criminal Justice Service. *Note - Per subsection C in Section 46.2-116 of the code of Virginia, it is prohibited to issue a registration to any person who has RFQ PR812-752-14 Page 6 of 15 been convicted of a violent crime as defined in subsection C of Section 17.1-805 of the Code or has been convicted of any crime involving a tow truck, including drug or alcohol offenses but not including traffic infractions. The law still prohibits issuing registrations to persons requiring to register as sex offenders. 6. The Contractor shall be available and in compliance with the terms of the awarded contract twenty-four (24) hours, seven (7) days per week including weekend and holidays. 7. The Contractor shall determine the appropriate wrecker to be sent on any call for service. The NRHA employee requesting the service will describe the vehicle needing towing service. 8. Drivers/operators shall be at least 18 years of age. Under no circumstances shall the Contractor, while performing under the terms of the awarded contract, allow or permit minor aged passengers to ride in vehicles while performing work under the awarded contract. 9. Drivers/operators shall be fluent in the English Language. 10. Hold Harmless: A. The Contractor shall indemnify and hold harmless, NRHA from any and all claims arising out of and/or as a result of the operations of the Contractor on NRHA’s property, Including: i. Any and all damages to vehicles incurred in the process of Contractor towing vehicles, removing vehicles, or any other activity of Contractor towing or its agents that occur on NRHA property. ii. Any and all liabilities and obligations and any and all claims arising from the Contractor’s use of the premises, or from conduct or from any activity, work, or things done, permitted or suffered by the Contractor and NRHA 11. Insurance Requirements: A. The Contractor shall maintain a full coverage liability insurance policy in the amount of not less than one million ($1,000,000.00). The insurance policy shall cover all acts of the Contractor performed under the awarded contract. A copy of the insurance policy shall be provided to NRHA not later than 10 days after the signing of the awarded contract. B. The Contractor shall obtain and maintain worker’s compensation insurance as required by the NRHA Terms and Conditions. 1. Worker’s compensation coverage is compulsory for employers of three (3) or more employees, to include the employer. 2. Contractors who fail to notify NRHA of increases in the number of employees that change their worker’s compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. RFQ PR812-752-14 Page 7 of 15 C. WORK SCOPE – Improperly Parked Vehicles – Property Management The Contractor shall provide all supervision, personnel, labor, materials, tools, equipment, utilities, and transportation necessary to provide towing services of improperly parked vehicles from NRHA Public Housing Properties. 1. Towing services shall be provided for the following NRHA Properties: NRHA Property Name Location Bobbitt Midrise 5920 Poplar Hall Drive Sykes Midrise Tidewater Gardens 555 E. Liberty Street Diggs Town 1619 Vernon Avenue Grandy Village 3151 Kimball Terrance Oakleaf Forest 1701 Greenleaf Drive Calvert Square 900 Bagnall Road Partrea Midrise Franklin Arms Midrise 701 Easy Street Property Manager Valerie Brandon-Hamlin Carrie Johnson Perry Clay 450 Walke Street Kay Britt Kecia Reed Saheem Staggers Yolanda Wiggins Jacqueline Copeland April Espree 2500 Princess Anne Road Jody Duso Young Terrace 816 Whitaker Lane Hunter Square Yvette Tate Midrise 825 Goff Street ** Addresses are, in some cases, general locations predominantly based on management office locations. NRHA reserves the right to add other property locations to the contract. ** 2. The Contractor shall provide towing services at no charge to NRHA. NRHA, its agents or employees shall not be obligated at any time for any charges incurred by towing or storage of any vehicle that the Contractor removes from NRHA’s property by either request or Contractor patrolling. 3. Charges for towing shall remain the sole responsibility of the owner, lessee or custodian of the vehicle towed, removed or stored until claimed. 4. Towing service shall include patrolling the trashcan zones on Tuesdays, (trash days). Towing should occur after 7:00 a.m. on trash days. 5. The Contractor shall comply with all local, state and Federal requirements for removal and storage of any vehicles removed from NRHA Properties. 6. Vehicles must be towed to the Contractor’s secured, (fully enclosed/fenced in); impound lot located within the City of Norfolk limits. The owner of the vehicle RFQ PR812-752-14 Page 8 of 15 must have access to the vehicle upon request. The impound lot shall be open during normal business hours. 7. As required by local ordinances, the Contractor shall to convert all towing information signs currently on the NRHA’s Property to towing information signs containing the Contractor’s name and any required information. 8. Unless required by formal instructions issued by a Court of Law in accordance with Statutes of the State of Virginia, NRHA’s name, the names of any NRHA agents, or the names of NRHA employees shall not be divulged to any owner, lessee, or custodian of any vehicle towed or removed from NRHA properties. D. WORK SCOPE – 24 Hour Emergency Towing Service – Housing Operations The contractor shall provide all supervision, personnel, labor, materials, tools, equipment, utilities, and transportation necessary to provide emergency towing services for NRHA’s Housing Operations Division. 1. The Contractor shall provide 24 hour emergency towing service. 2. Towing services shall be provided within three (3) hours of the initial call for towing service. 3. The Contractor shall have a 24 hour call in emergency line. 4. The Contractor shall be able to tow all NRHA vehicles under Attachment A. The heaviest vehicle is a back/hoe front end loader weighing 19,865 lbs. 5. The Contractor shall leave a service ticket with the vehicle after towing. 6. The below information must be noted on the service ticket: a. Vehicle name b. Date of service c. Time service took place d. Name of NRHA employee who initiated the call for service e. Cost of service *Note – Failure to leave service tickets with the vehicles will cause delay in Contractor payment. Excessive failure to leave service tickets with vehicles may be cause for contract termination.* 7. The below NRHA employees are authorized initiate tow services: a. Ron Ward b. Rafael Hernandez c. Matt Winstead RFQ PR812-752-14 Page 9 of 15 d. James Higginbotham e. Brandon Banks f. William (Louie) Jordan g. Rick O’Neal h. Barbara Ernst E. TOWING LOCATIONS 1. At NRHA’s request, vehicles may require towing to/from the below locations: a. NRHA Housing Operations building – 910 Ballentine Blvd, Norfolk, VA b. On or around NRHA properties and to or from locations within the Norfolk City Limits. c. Chesapeake Redevelopment and Housing Authority and from locations in and around Chesapeake, VA. d. Various local automotive dealerships. F. SERVICE CALLS – Working Hours 1. During working hours (7:30 a.m. until 4:30 p.m.) towing services shall be requested by, and coordinated through, the NRHA Auto Shop located at 910 Ballentine Blvd., Norfolk, VA 23504; telephone number (757) 314-1697. 2. Vehicles towed back to the Auto Shop shall be dropped at the back of the complex, 910 Ballentine Blvd., Norfolk, VA 23504. Exact location will be covered at time of contract award. 3. For all tows, a service ticket shall be left with an NRHA Auto Shop responsible party, as established at time of contract award. This is a mandatory requirement, failure to comply may be considered a material breach of the contract. G. SERVICE CALLS – After Working Hours 1. Afterhours tow services shall be coordinated with the NRHA employee responsible for the afterhours duty phone, including access to the Housing Operations compound. 2. Contact information will be provided at time of contract award. VI. PRICING SCHEDULE 1. The Bidder agrees to provide all material, equipment, transportation and incidentals in accordance with the conditions of the bid and specifications for service requirements. RFQ PR812-752-14 Page 10 of 15 2. The Bidder shall complete and submit the pricing schedule hereunder (paragraph 1, above). VII. BILLING SPECIFICATIONS 1. The contractor shall provide monthly invoices in electronic format; both in PDF and/or Excel. Invoices shall be in accordance to the requirements listed in this RFP. Electronic format shall be emailed to: [email protected] 2. Electronic invoicing is in compliance with the Paper Reduction Act of 1995. However, if a contractor can show that the utilization of electronic means for invoicing is causing a hardship, a waiver may be granted. If you are a small business, you must contact the NRHA Small Business Representative prior to proposal submittal to register as a small business and complete the applicable paperwork. 3. All invoices shall show the contract number and/or purchase order number; and the federal employer identification number (for proprietorships, partnerships, and corporations). 4. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. 5. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed. 6. NRHA adheres to the prompt payment regulations as listed under 5 CFR Part 1315. The due date for making an invoice payment is as follows: a. The later of the following two events: i) The 30th day after the NRHA Purchasing Department receives a proper and payable invoice from the contractor/vendor. ii) The 30th day after NRHA's acceptance of supplies delivered or services performed issued under a signed NRHA Purchase Order. b. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement. Please refer to the following website for more information on submitting a proper and payable invoice, and when an invoice is considered late: http://www.fms.treas.gov/prompt/index.html 7. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. RFQ PR812-752-14 Page 11 of 15 8. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, NRHA shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363). VIII. CONTRACT ADMINISTRATION 1. Upon award, NRHA will designate individual(s) as Technical Contract Administrator(s) to administer all work performed in conjunction with this contract. The NRHA contract administrator(s) shall be the interpreter(s) of the conditions of the contract and the judge of its performance. The Technical Contract Administrator(s) shall use all powers under the contract to enforce its faithful performance, shall determine the amount, quality, acceptability, and fitness of all aspects of the services and shall decide all other questions in connection with the services. The NRHA Technical Contract Administrator, inspector, or designated official, shall have no authority to approve changes in the services which alter the concept, or which call for an extension of time, or a change in contract terms or price. Any contract modifications made shall be authorized by the NRHA Contracting Officer and issued as a written modification to the contract. IX. SUBMISSION OF QUOTES A. General Requirements: 1. RFQ Response: In order to be considered for selection, Offerors must submit a written quote in response to this RFQ. One original must be submitted to: Norfolk Redevelopment and Housing Authority Purchasing Services Office 201 Granby Street, 7th Floor Norfolk, VA 23510 Reference the Opening Date and Hour, and RFQ Number in the lower left hand corner of the return envelope or package. No other distribution of the proposals shall be made by the Offeror. Outer envelope and each page must have the Offeror’s name, proposal number, and submission due date and time. DO NOT RETURN THE SOLICITATION IN YOUR SUBMITTAL PACKAGE. ONLY SUBMIT THE REQUIRED INFORMATION. Quote submission via facsimile transmission or email will not be considered. RFQ PR812-752-14 Page 12 of 15 2. Proposal Preparation: Contractor must provide the following information in their quote packet. a. The Contractor must complete and submit the Bidder Questionnaire and submit an equipment inventory list (Attachment B). b. The Contractor must complete and submit three (3) reference forms (Attachment C) for contracts completed or currently working within the last three (3) years. Contractors are highly encouraged to contact their references prior to submitting their names to ensure they will complete a questionnaire that will be submitted to them for completion on Contractor’s performance. a. The Contractor must complete and submit three (3) past performance write ups (Attachment D) for contracts completed or currently working within the last three (3) years. b. The Contractor shall review Attachment E – HUD 5369-B Instructions to Offerors c. The Contract shall complete and submit Attachment F – HUD 5369C Certifications and Representations of Offerors d. The Contractor shall complete and submit Attachment G – Certificate of Compliance – Section 3 e. The Contractor shall complete and submit Attachment H – W9 Form f. The Contractor shall complete and submit Attachment I – NRHA Certifications and Representations. g. NRHA encourages the use of recycled paper in proposal preparation. h. Do not use color or expensive stock in preparing proposal. i. Proposals should be prepared simply and economically providing a straightforward, concise description of capabilities to satisfy the requirements of the IFQ. Emphasis should be on completeness and clarity of content. j. Additional information such as company brochures, literature, or other marketing material, will be discarded and not used in the evaluation process. Non compliant proposals may be removed from the competitive range. k. Ownership of all data, material, and documentation originated and prepared for NRHA pursuant to the IFQ shall belong exclusively to NRHA and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, to prevent disclosure the Offeror must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other materials is submitted. The written request must specifically identify the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate RFQ PR812-752-14 Page 13 of 15 only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal. NOTE: Failure to submit the required information and/or Attachments may result in the elimination of the Contractor’s quote from the competition. Contractors are encouraged to review their quotes and attachments prior to submittal to ensure total compliance with Section VII, of this Request for Quote. X. SELECTION CRITERIA AND AWARD A. Selection Criteria: Selection may be made without discussions with one or multiple responsive and qualified contractor(s) who offers the lowest responsible quote and whose offer totally complies with all required quote requirements. B. Procedure for Determining Lowest Quote: The apparent low quote will be determined by the lowest Lump Sum Total or Line by Line total of a qualified quote. The contract amount will be based on the Base Quote (including allowances), provided the qualified quote is within budget limitations. If the Base Quote exceeds budget limitations, NRHA reserves the right to take action in accordance with Attachment E - Instructions to Offerors for Contracts, HUD-5369, Clause 8. (Specification Section 00100-2) XI. TERMS AND CONDITIONS A. NRHA Required General Terms and Conditions apply to this solicitation and resultant contract. Pertinent documents, including the Commonwealth of Virginia Vendors Manual and the NRHA Required General Terms and Conditions may be found at: 1. The Commonwealth of Virginia Vendors Manual http://www.eva.virginia.gov/learn-about-eva/vendors-manual.htm 2. NRHA’s Terms and Conditions http://www.nrha.us/opportunities B. Mandatory Clauses – In accordance with the Department of Housing and Urban Development (HUD) Handbook No. 7460.8 REV 2, the following terms apply to this contract: MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES OTHER THAN CONSTRUCTION The following contract clauses are required in contracts pursuant to 24 CFR 85.36(i) and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. HUD is permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses RFQ PR812-752-14 Page 14 of 15 approved by the Office of Federal Procurement Policy. The PHA and contractor is also subject to other Federal laws including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and regulations. A. Examination and Retention of Contractor’s Records. The PHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three 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. B. Right in Data and Patent Rights (Ownership and Proprietary Interest). The PHA 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 the Contract. C. 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. 94163) for the State in which the work under this contract is performed. D. Procurement of Recovered Materials (1) 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: (a) are not reasonably available in a reasonable period of time; (b) 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 (c) are only available at an unreasonable price. (2) Paragraph (a) of this clause shall apply to items purchased under this contract where: (i) the Contractor purchases in excess of $10,000 of the item under this contract; or (ii) during the preceding Federal fiscal year, the Contractor: (1) 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 (2) purchased a total of in excess of $10,000 of the item both under and outside that contract. E. Termination for Cause and for Convenience (contracts of $10,000 or more). (1) The PHA may terminate this contract in whole, or from time to time in part, for the PHA’s convenience or the failure of the Contractor to fulfill the contract obligations (cause/default). The PHA 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: (a) immediately discontinue all services affected (unless the notice directs otherwise), and (b) deliver to RFQ PR812-752-14 Page 15 of 15 the PHA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process. (2) If the termination is for the convenience of the PHA, the PHA shall be liable only for payment for services rendered before the effective date of the termination. (3) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), the PHA may (a) require the Contractor to deliver to it, in the manner and to the extent directed by the PHA, any work described in the Notice of Termination; (b) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and (c) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the PHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. Any dispute shall be decided by the Contracting Officer. (END OF CLAUSE) XII. PRE-PROPOSAL CONFERENCE No pre-proposal conference is scheduled for this effort. XIII. AMENDMENTS Any AMENDMENTS issued for this solicitation may be accessed at: www.nrha.norfolk.va.us/opportunities/solicitations/open Since a paper copy of the amendments will not be mailed to you, we encourage you to check the web site regularly. XIV. ATTACHMENTS Attachment A – List of vehicles Attachment B – Bidder Questionnaire and Contractor Equipment List Attachment C – Reference Sheet Attachment D – Past Performance Write Up Attachment E – HUD – 5369 – B Instructions to Offerors Attachment F – Certifications and Representations of Offerors Attachment G – Certificate of Compliance – Section 3 Attachment H – W9 Attachment I – NRHA Certifications and Representations ATTACHMENT A ‐ TOWING LIST NRHA VEHICLES/EQUIPMENT 60 91 95 111 68 96 74 105 46 47 87 117 59 61 90 106 A-16 92 27 69 80 94 98 114 119 121 122 A-18 75 83 89 123 39 60x5 91x2 95x3 111 68x3 96x2 Ax4x1 105x2 46x6 47x4 87x3 Sell 201368 201406 201369 106x3 000414 000218 000219 000787 000187 000340 000208 000641 000644 000674 000675 000991 001009 001010 001011 001056 001336 1990 1990 1993 1993 1994 1994 1995 1995 1996 1997 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2001 2001 2001 2001 2001 2001 2001 2002 2002 2002 2002 2002 2003 F-600 Dump Ford F- 600 dump Chev van 20 Chevy van 20 Chevy S-10 Chev van 20 Ford van E-350 GMC 1500 p/u Bi Buick Century Ford Aerostar Ford F-250 Ford F-700 dump GMC 1ton Dump Ford F-150 Ford F-800 Ford F-450 dump Ford E-350 Van Dodge 1500 van Chrys Sebring GMC Dump Dodge pick up Dodge 1500 p/u Dodge 1500 p/u Dodge 1500 Ford F350 crew Dodge p/u 1500 Dodge p/u 1500 Ford E-350 Van Dodge 1500 P/U Dodge 1500 P/U Dodge1500 P/U GMC p/u Chevy Impala Grounds Grounds Grounds Auto pool Tidewater Paint 201 Pool Auto pool Ed Balance Meter reading carpentry auto pool Tile Grounds Auto pool Auto pool Scattered sites paint green/taylor CDA grounds paint Diggs Hvac / Plumbing Grounds Hvac / Plumbing Calvert auto pool carpentry youngs carpentry CDA Inspection 1 of 3 1FDNF60HX LVA04010 1FDNF60H5LVA04013 1GCEG25H5PF319722 1GCEG25HOPF319837 1GCCS1444 RK162712 1GCEG25H7RF167672 1FBJS31H6 SHA95211 1GTEC14Z8SZ548175 1G4AG55M4 T6460056 1FMDA11U2 VZA94919 3FTHF25H2VMA6801 1FDNF70J7VVA31158 GDJC34R3 WFO66520 1FTRF17Z8 WKC04302 3FENF80CX XMA02060 1FDXW468XXFA91378 1FBSS31L9 YHB91562 2B7HB11X7YK136389 1C3EL46U5 1N560152 1GDM7H1C2 1J511270 1B7HC16X2 1S676475 1B7HC16X91S745341 1B7HC16X41S676476 2B7HB11XX1K521953 1FTSW30L51EB81782 1B7HC16X31S222056 1B7HC16XX1S222054 1FBSS31LX 2HA52662 1D7HA16KX 2J181190 1D7HA16K5 2J181193 1D7HA16K32J181192 1GTEC19V82Z261831 2G1WF52E9 39246871 13194L 13195L 13132L 20424L 137429L 13157L 21250L 99111L 27809L 31290L 35-157L 31292L 35141L 40035L 35144L 35-137L 122322L 48345l 48344L 106012L 48301L 48397L 48316L 102276L 102277L 102293L 102291L 108473L 108489L 108488L 108486L 110763l JCG6875 ATTACHMENT A ‐ TOWING LIST NRHA VEHICLES/EQUIPMENT 52 53 55 116 A-4 58 82 38 54 66 76 86 109 37 42 65 101 102 107 112 115 22 34 41 43 44 45 77 79 30 31 33 78 001548 001363 001356 001340 001757 001756 001755 002018 002006 002012 002007 002011 002085 002267 002268 002163 002164 002354 002222 002289 002269 002778 002951 002654 002674 002675 002676 002659 002660 002942 002950 002964 002956 2003 2003 2003 2003 2004 2004 2004 2005 2005 2005 2005 2005 2005 2006 2006 2006 2006 2006 2006 2006 2006 2008 2008 2008 2008 2008 2008 2008 2008 2009 2009 2009 2009 Ford F-150 GMC 4x4 P.U. Chevy 3500 p/u Ford-F150 Chevy van 2500 Chevy van 3500 Chevy 3500 van Chevy Malibu Ford F-150 Ford F-150 Ford F-150 C 3500 Box van Ford F-650 Bucket truck Chevy Malibu Chevy Malibu Chevy Colorado Chevy Colorado GMC C-7500 Dump Ford F-150 Ford F-350 Chevy 2500 Van Dodge Charger Chevy Cobalt Ford Explorer Chevy Uplander Chevy Uplander Chevy Uplander Ford F-150 Ford F150 GMC Savanah 2500 GMC Savanah 2500 Ford E-350 Ford F-250 2FTRF1724 3CB14454 1GTHK24U7 3Z239227 1GCHG35U6 31155209 1FTRF17253NB05160 1GJGG25U2 41169303 1GCHG35UO 41168149 1GCHG35U0 41168149 1G1ZS5281 5F222657 1FTRF1229 5NA62775 1FTRF1222 5NA62777 1FTRF1220 5NA62776 1GBHG314041184054 3FRNF65Y65V177479 1G1ZS518X 6F248693 1G1ZS5184 6F248916 1GCCS1488 68218680 1GCCS148668217382 1GDK7C1336F425101 1FTRF12276NB18391 1FDWF36576EA86640 1GCGG25V861229121 2B3KA43R38H183815 Mills/Kramer 1G1AT58HX 97269283 Inspection 1FMEU73E7 8UA96056 O'neal 1GNDV23W4 8D184577 Pool 201 1GNDV23W7 8D184153 JR Hammond 1GNDV23WX 8D183580 K Huges Oakleaf 1FTRF1221 8KD60372 Hvac / Plumbing 1FTRF1223 8KD60373 1GJGG25K7 91153006 Res Service 1GJGG25K6 91152431 Res Service 1FTSS34L5 9DA20369 Res Service Auto shop 1FTNF20519EA47484 Oakmont North Hvac / Plumbing Tile Grounds Res Service Hvac / Plumbing Hvac / Plumbing K Crawley CDA Merrimac carpentry Carpentry Electrical Pool 201 Inspection Extermination Mail Grounds carpentry Grounds Hvac / Plumbing 2 of 3 118258L 40679L 103480L 40678L 118263L 118264L 118264L 119914L 119897L 119904L 119898L 119896L 49122L 131258L 131259L 130241L 130242L 137419L 130243L 137376L 131266L XWG1825 151279L 147-477L 149-072L 149-073L 149-071L 147188L 147489L 151277L 151280L 151278L ATTACHMENT A ‐ TOWING LIST NRHA VEHICLES/EQUIPMENT A-2 23 40 51 56 62 110 70 71 72 85 88 97 103 108 A-3 A-3 36 100 113 120 A-5 24 25 67 003286 003421 002320 003224 003234 003235 003225 003476 003417 003477 003490 003437 003435 003436 003438 Freedom01L Freedom01M 003596 003595 003598 003621 003732 003812 003813 003734 4x4 6x2 000650 6x2 2010 2010 2010 2010 2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 2012 2012 2012 2012 2012 2012 2013 2013 2013 2013 Chevy van 3500 Ford Explorer Dodge Caravan 2010 Chev van 2500 Ford F-150 p/u Ford F-150 p/u Ford F 550 Bucket Chevy van 2011 Isuzu NQR dump Chevy van 2500 Ford F-750 Ford F-150 Ford F-150 Ford F-150 Ford F-550 DUMP Chevy Bus 4500 Chevy Bus 4500 Nissan Versa Ford F-150 p/u Ford F-350 4x4 Ford F-350 crew GMC Savanah 2500 Ford Fusion Ford Fusion Isuzu NQR dump Extra Heavy Equipment 2001 New holland back hoe 1988 Lull all terrain forklift 1GA2GZDG3 A1149801 1FMEU6DE1AUB15991 S Montgomery 2D4RN4DE4 AR206003 Pool 201 1GCZGFBA7 A1124919 Electronics 1FTMF1CW4 AKE01370 Grandy Maint. 1FTMF1CW6 AKE01371 Extermination Grounds 1FDAF5GR3AEB09203 Electrical 1GCWGDA5B1121648 Sanitation JALE5W164B7900597 Hvac / Plumbing 1GCWFCA8B1103645 Grounds 3FRNF7FC4BV620670 Grounds 1FTNF1CF5BKD35482 CDA 1FTNF1CF7BKD35483 carpentry 1FTNF1CF9BKD35484 Grounds 1FDOW5GY6BEC25645 1GB6G5BG0D1116588 Res Service 1GB6G5BG0D1116588 Res Service Inspection 3N1CN7AP1CL-875410 AUTO 1FTNF1CF8CKD45134 Hvac / Plumbing 1FTRF3B64CEB23820 Grounds 1FT8W3A65CEB84932 Res Service 1GJW7PFA8D1149375 3FA6P0G73DR380441 Donnell Brown 3FA6P0G75DR380442 Clara Graves JALE5W162D7900519 Sanitation Res Service 19,865 pounds 15,400 pounds 3 of 3 162302L KDX2279 151290L 151291L 151-299L 151-298L 151292L 166367L 162-310L 166365L 166390L 166362L 166363L 166401L 166361L 175-091L 175-091L 166414L 166413L 166-419L 166423L 175097L XWG1824 XWG1823 175098L RFQ PR812-752-14 ATTACHMENT B STATEMENT OF BIDDER/OFFEROR QUALIFICATIONS & CERTIFICATIONS All questions must be answered with the appropriate response, clarifications and explanations shall be clear and comprehensive. Additional pages may be attached, if necessary and Bidder/Offeror may provide additional information to demonstrate qualifications. IDENTIFICATION, LOCATION & CONTACTS 1. Name of Bidder/Offeror: ___________________________________________________________ 2. Trade Name (DBA): _______________________________________________________________ 3. Business Physical Address: _________________________________________________________ _________________________________________________________ _________________________________________________________ 4. Billing Address: _________________________________________________________ _________________________________________________________ _________________________________________________________ 5. Business Phone: ____________________________ Fax: ____________________________ 6. Tax ID Number: _________________________ 7. DUNS Number: ______________________ 8. CAGE Code: ____________________________ 9. Virginia SCC No.: ____________________ 10. Point of Contact Name: ____________________________________________________________ 11. Point of Contact Title: _____________________________________________________________ 12. Point of Contact Phone Number(s): __________________________________________________ BUSINESS ORGANIZATION AND MINORITY STATUS CERTIFICATIONS 13. Business Type: Sole-Proprietorship Corporation LLC LLP Partnership Joint Venture Other: _____________________________ 14. Business Ownership (check all that apply): Minority Business Enterprise Woman-Owned Business Small Business Small Disadvantaged Business HUB Zone Certified Section 3 Certified RFQ PR812-752-14 ATTACHMENT B Business Ownership, Continued (check all that apply): SWAM Certified Service-Disabled Veteran Veteran-Owned QUALIFICATION STATEMENTS AND OTHER CONTRACTOR INFORMATION 15. Business Start Date: ________________________ 16. Years in Business __________________ (Under current business name, only) (Under current business name, only) Additional relevant information: ____________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 17. State Contractor License Number and Type/Class: ____________________________________ 18. Current Contracts (list 3 current or most recent): Company/Agency Award Date Final Contract Amount ____________________________ ____________________________ _____________________ ____________________________ ____________________________ _____________________ ____________________________ ____________________________ _____________________ 19. List most recently completed projects/contracts relevant to this procurement: Project/Contract Name/Description Award Date Final Contract Amount ____________________________ ____________________________ _____________________ ____________________________ ____________________________ _____________________ 20. Describe relevant experience of your firm in providing supplies or services similar in scope and magnitude to that specified in the solicitation (attach additional pages, as required): _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ 21. List background experience of the principal owners, officers, and employees of your firm relevant to the solicitation and specified requirements: RFQ PR812-752-14 ATTACHMENT B Name/Title Years Experience Type of Experience ____________________________ ____________________________ _____________________ ____________________________ ____________________________ _____________________ ____________________________ ____________________________ _____________________ 22. List the major equipment available for this contract: ____________________________ ____________________________ _____________________ ____________________________ ____________________________ _____________________ 23. What is the general nature or character of work performed by your firm? _________________ _________________________________________________________________________________ 24. List any additional minimum qualifications, including special licenses, certifications, equipment or capabilities as required by the solicitation:_________________________________ _________________________________________________________________________________ _________________________________________________________________________________ CONTRACTOR RESPONSIBILITY/CAPABILITY 25. The firm is is not currently debarred, suspended, or ineligible for contract award. 26. Has the firm ever failed to complete any awarded contract, in accordance with the contract YES NO requirements? If YES is checked, provide contract name/description, awarding company, agency, or individual and provide explanation (attach additional pages, as required): ______________________ _________________________________________________________________________________ _________________________________________________________________________________ 27. Has the firm ever had a contract terminated for default? YES NO If YES is checked, provide contract name/description, awarding company, agency, or individual and provide explanation (attach additional pages, as required): ______________________ _________________________________________________________________________________ ________________________________________________________________________________ RFQ PR812-752-14 ATTACHMENT B 28. Current Credit Available to Firm: $_____________________________ 29. Bank Reference(s): Name of Bank ____________________________ Account Number ____________________________ Point of Contact _____________________ Contact Phone Number and/or Email Address: ________________________________________ Name of Bank ____________________________ Account Number ____________________________ Point of Contact _____________________ Contact Phone Number and/or Email Address: ________________________________________ The information provided herein will be used to determine the firm’s minimum qualifications, in accordance with the solicitation requirements, to be considered eligible for award of a contract pursuant to this procurement. Additionally, the form provides some minimum information required to make a responsibility determination. Prior to award of a contract, additional information may be required including audited financial statements, further statements of capabilities and resources, and may require a pre-award site survey. The undersigned hereby certifies that the information provided in this document is accurate, complete, and current and that the signatory is authorized by the firm submitting this document to obligate the firm and attest to the accuracy of the statements and other information provided herein. ______________________________________________ Signature _______________________ Date ______________________________________________ Printed Name and Title of Person Signing ______________________________________________________ Firm Name Attachment C - Reference Sheet NOTE: Leaving the Email Blank give a zero score for that reference. Solicitation Number: Contractor Name: Reference 1: Company: Address: Point of Contact: Phone Number: Fax Number: Email Address: DO NOT LEAVE BLANK Dollar Value: Description of Work: FRM 25-019 Attachment C - Reference Sheet NOTE: Leaving the Email Blank give a zero score for that reference. Solicitation Number: Contractor Name: Reference 1: Company: Address: Point of Contact: Phone Number: Fax Number: Email Address: DO NOT LEAVE BLANK Dollar Value: Description of Work: FRM 25-019 Attachment C - Reference Sheet NOTE: Leaving the Email Blank give a zero score for that reference. Solicitation Number: Contractor Name: Reference 1: Company: Address: Point of Contact: Phone Number: Fax Number: Email Address: DO NOT LEAVE BLANK Dollar Value: Description of Work: FRM 25-019 RFQ PR812-752-14 Attachment D - Corporate Experience (Three (3) required) NAME OF CONTRACTOR 1. Contract Number or other Control Number: 2. Complete Name and Address of Contract Reference (Government agency, commercial firm, or other organization): Name: Address: 3. Date of Contract: 4. Date work was begun: 5. Date work was completed: 6. Contract Information: Contract Type: Contract Amount (Total ceiling): 7. Point of Contact for this Reference: Name: Telephone Number: E-mail: 8. Location of work (country, state, or province, county, city): 9. Current status of contract (choose one): Work continuing, on schedule Work completed, no further action pending or underway Work completed, claims negotiations pending or underway Work completed, litigation pending or underway Terminated for Default Work continuing, behind schedule Work completed, routine administrative action pending or underway Terminated for Convenience Other (explain) 10. Provide a summary description of contract work, not to exceed 1 page in length (not inclusive of this form). Describe the nature and scope of work, its relevancy to this contract, and a description of any problems encountered and your corrective actions. RFQ PR812-752-14 Attachment D - Corporate Experience (Three (3) required) NAME OF CONTRACTOR 1. Contract Number or other Control Number: 2. Complete Name and Address of Contract Reference (Government agency, commercial firm, or other organization): Name: Address: 3. Date of Contract: 4. Date work was begun: 5. Date work was completed: 6. Contract Information: Contract Type: Contract Amount (Total ceiling): 7. Point of Contact for this Reference: Name: Telephone Number: E-mail: 8. Location of work (country, state, or province, county, city): 9. Current status of contract (choose one): Work continuing, on schedule Work completed, no further action pending or underway Work completed, claims negotiations pending or underway Work completed, litigation pending or underway Terminated for Default Work continuing, behind schedule Work completed, routine administrative action pending or underway Terminated for Convenience Other (explain) 10. Provide a summary description of contract work, not to exceed 1 page in length (not inclusive of this form). Describe the nature and scope of work, its relevancy to this contract, and a description of any problems encountered and your corrective actions. RFQ PR812-752-14 Attachment D - Corporate Experience (Three (3) required) NAME OF CONTRACTOR 1. Contract Number or other Control Number: 2. Complete Name and Address of Contract Reference (Government agency, commercial firm, or other organization): Name: Address: 3. Date of Contract: 4. Date work was begun: 5. Date work was completed: 6. Contract Information: Contract Type: Contract Amount (Total ceiling): 7. Point of Contact for this Reference: Name: Telephone Number: E-mail: 8. Location of work (country, state, or province, county, city): 9. Current status of contract (choose one): Work continuing, on schedule Work completed, no further action pending or underway Work completed, claims negotiations pending or underway Work completed, litigation pending or underway Terminated for Default Work continuing, behind schedule Work completed, routine administrative action pending or underway Terminated for Convenience Other (explain) 10. Provide a summary description of contract work, not to exceed 1 page in length (not inclusive of this form). Describe the nature and scope of work, its relevancy to this contract, and a description of any problems encountered and your corrective actions. RFQ PR812-752-14 ATTACHMENT E RFQ PR812-752-14 ATTACHMENT E 2 RFQ PR812-752-14 ATTACHMENT F RFQ PR812-752-14 ATTACHMENT F ATTACHMENT G RFQ PR812-752-14 Certificate of Compliance – Section 3 P.O. Box 968 Norfolk, Virginia 23501 (757) 623-1111 TDD# (800) 545-1833 Certification of Compliance with Regulations to Section 3 of Housing and Urban Development Act of 1968 as required for participate in: PURPOSE, AUTHORITY AND RESPONSIBILITY Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that promotes local economic development, neighborhood economic improvement, and individual self-sufficiency. Section 3 requires that recipients of certain HUD financial assistance, to the greatest extent possible, provide job training, employment, and contract opportunities for low- or very-low income residents, particularly persons who are recipients of HUD assistance for housing. upon being awarded a contract to Municipality of the City of Norfolk, Virginia, that the Company: a) (hereinafter called the Company), CERTIFIES that in the is under no contractual or other impediment that would prevent it from complying with requirements of Section 3 as set forth in 24 CFR part 135; and b) will comply with HUD's regulations in 24 CFR Part 135; and c) will submit to NRHA a Section 3 Work Plan (see Section 3 Appendix), before a “Notice to Proceed” is issued or start date projected. The developer or prime contractors will require all subcontractors to submit a Section 3 Work Plan prior to proceeding with their respective scope of work. d) will send to each labor organization or representative of workers with which the Company has a collective bargaining agreement or other understanding, a notice advising the labor organization or the representative or workers of the Company's commitments under Section 3; and e) will include this Section 3 Certification of Compliance in every subcontract subject to compliance with the regulations found in 24 CR Park 135 and further agrees to take the appropriate action pursuant to those regulations in the event the subcontractor is found to be in violation of 24 CFR Part 135; and f) will not subcontract with any subcontractor where the Company has notice or knowledge that the subcontractor has been found in violation of any provision of 24 CFR Part 135; and g) will not fill any vacant employment positions, including training positions, (1) after the Company is selected but before the contract is executed, and (2) with persons other than those to whom the regulations in 24 CFR Part 135 require employment opportunities to be directed, to circumvent the Company's obligations under 24 CFR Part 135; and h) will, to the extent feasible, make a good faith effort to utilize the services of businesses located in or substantially owned by persons who live within the project boundaries. Company Name Name and Title Signature Date Distribution: Contract File NOV 09 - NRHA FRM 25-022 RFQ PR812-752-14 ATTACHMENT H W-9 Request for Taxpayer Identification Number and Certification Form (Rev. October 2007) Department of the Treasury Internal Revenue Service Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name, if different from above Check appropriate box: Individual/Sole proprietor Corporation Partnership Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) Other (see instructions) © Exempt payee © Address (number, street, and apt. or suite no.) Requester’s name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social security number Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number Part II or Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person © Date © General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: ● An individual who is a U.S. citizen or U.S. resident alien, ● A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, ● An estate (other than a foreign estate), or ● A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: ● The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) FRM 256-021 Form W-9 (Rev. 10-2007) Page 2 ● The U.S. grantor or other owner of a grantor trust and not the trust, and ● The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. 4. The type and amount of income that qualifies for the exemption from tax. Specific Instructions 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Name Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the “Name” line. You may enter your business, trade, or “doing business as (DBA)” name on the “Business name” line. Limited liability company (LLC). Check the “Limited liability company” box only and enter the appropriate code for the tax classification (“D” for disregarded entity, “C” for corporation, “P” for partnership) in the space provided. For a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701-3, enter the owner’s name on the “Name” line. Enter the LLC’s name on the “Business name” line. For an LLC classified as a partnership or a corporation, enter the LLC’s name on the “Name” line and any business, trade, or DBA name on the “Business name” line. Other entities. Enter your business name as shown on required federal tax documents on the “Name” line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the “Business name” line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the “Exempt payee” box in the line following the business name, sign and date the form. Form W-9 (Rev. 10-2007) Page Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 3 Part I. Taxpayer Identification Number (TIN) The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. IF the payment is for . . . THEN the payment is exempt for . . . Part II. Certification Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions and patronage dividends Exempt payees 1 through 5 Payments over $600 required to be reported and direct 1 sales over $5,000 Generally, exempt payees 2 1 through 7 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. 1 2 See Form 1099-MISC, Miscellaneous Income, and its instructions. However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, and payments for services paid by a federal executive agency. To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Form W-9 (Rev. 10-2007) Page 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: 1. Individual 2. Two or more individuals (joint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded entity owned by an individual Give name and SSN of: The individual The actual owner of the account or, if combined funds, the first 1 individual on the account 2 The minor The grantor-trustee The actual owner The owner 1 2 3 4 1 3 Give name and EIN of: For this type of account: 6. Disregarded entity not owned by an individual 7. A valid trust, estate, or pension trust 8. Corporate or LLC electing corporate status on Form 8832 9. Association, club, religious, charitable, educational, or other tax-exempt organization 10. Partnership or multi-member LLC 11. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 1 The owner 4 Legal entity The corporation The organization 4 Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: ● Protect your SSN, ● Ensure your employer is protecting your SSN, and ● Be careful when choosing a tax preparer. Call the IRS at 1-800-829-1040 if you think your identity has been used inappropriately for tax purposes. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: [email protected] or contact them at www.consumer.gov/idtheft or 1-877-IDTHEFT(438-4338). Visit the IRS website at www.irs.gov to learn more about identity theft and how to reduce your risk. The partnership The broker or nominee The public entity List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. Circle the minor’s name and furnish the minor’s SSN. You must show your individual name and you may also enter your business or “DBA” name on the second name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. RFQ PR812-752-14 ATTACHMENT I NRHA Certifications and Representations of Offerors Non-Construction Contract Company Name: 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 non-construction contracts awarded by NRHA. The form is used by bidders/offerors to certify to NRHA's Contracting Officer for contract compliance. If the form were not used, NRHA 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. Section 3 Resident-Owned Businesses (a) Definitions: Low income is defined as 80% or below the median household income for the metropolitan area. Section 3 Business Concern – a concern, that is a business that (1) is at least 51% owned and controlled by Section 3 residents under the Section 3 of the Housing and Urban Development Act of 1968 (24 CFR 135); (2) at least 30 percent of its full time employees include persons that are currently Section 3 residents, or were Section 3 residents within three years of the date of first hire*; or (3) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to business concerns that meet one of the first two qualifications above. Section 3 Residents are defined as Public Housing residents or, low and very-low income persons living in the metropolitan area of NRHA. Very-low income is defined a 50 % or below the median household income for the metropolitan area. *Example: Alysha was an unemployed Section 3 resident that was first hired by ABC Company on January 1, 2011. She received a raise of $2,500 in March 2012, thereby boosting her household income above the local low income level. ABC Company may continue to count Alysha as one of their Section 3 employees until December 31, 2013 (i.e. within three years of the date of first hire). Additional information may be obtained by contacting: NRHA Office of Economic Opportunities (757) 314-2026 (b) The bidder/offeror represents and certifies as part of its bid/ offer that it: [ ] is, [ ] is not a Section 3 business concern. 2. Non-Collusion Affidavit of Prime Bidder (a) Contractor warrants that He/She is the bidder that has submitted the attached bid; (b) That He/She is fully informed respecting the preparation and contexts of the attached Bid and all of all pertinent circumstances respecting such Bid; (c) Such Bid is genuine and is not a collusive or sham Bid; (d) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or bid price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Norfolk Redevelopment and Housing Authority or any person interested in the proposed Contract; and, (e) The Price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 3. Certificate of Insurance Contractor agrees to provide a Certificate of Insurance within 10 days, but not later than start of performance, upon award and acceptance of a contract. Failure to submit proof of insurance is ground for termination of the contract. 4. Authorization of Offeror for Verification of References The Offeror warrants that He/She has submitted a proposal to the Norfolk Redevelopment and Housing Authority (NRHA) in response to the RFP. The Offeror hereby authorizes and requests any and all persons, firms, corporations and/or government entities to furnish any information requested by NRHA in verification of the references provided, for determination of the quality and timeliness of the services provided by Offeror, and all other legal purposes. A copy of this document, after execution by the Offeror, presented by NRHA to any such person, firm, corporation and/or government entity shall be as valid as the original. RFQ PR812-752-14 5. Certification Regarding Debarment, Suspension, Proposed Debarment (a) The officer certifies, to the best of its knowledge and belief that: 1. The offeror and/or any of its Principles: a. Are Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any agency using Federal funds; b. Have Have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing public (Federal, State, or local) contract or subcontract; violation of Federal or state antitrust statue's relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and c. Are Are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of the offenses enumerated above. 2. The Officer has has not , within a threeyear period preceding this offer, had one or more contracts terminated for default by any Federal, state, or local agency. (b) “Principals,” for the purpose of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF ANY AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. 1. The Offeror shall provide immediate written notice to the contracting Officer if at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2. A certification that any of the items in Section I of this provision exists will not necessarily result in withholding award under this proposal. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or ATTACHMENT I provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsive. 3. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by Section I of this provision. The knowledge and information of an Offeror are not required to exceed that which is normally possessed by as prudent person in the ordinary course of business dealings. 4. The certification in Section I of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to NRHA, the Contracting Officer may terminate the contract resulting from this proposal for default. 6. 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: