REQUEST FOR PROPOSALS FOR DISASTER RECOVERY PROJECT ...

REQUEST FOR PROPOSALS

FOR

DISASTER RECOVERY PROJECT FORMULATION SERVICES

ISSUED BY

THE CENTRAL RECOVERY AND RECONSTRUCTION OFFICE OF PUERTO RICO

as a division within the Puerto Rico Public-Private Partnerships Authority

COR3-RFP-2020-01

Date Initial RFP Issued: March 4, 2020

Proposals Due Date: April 13, 2020 at 3:00 p.m. AST

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TABLE OF CONTENTS

1. BACKGROUND INFORMATION ....................................................................................1

2. PURPOSE AND INTENT ...................................................................................................1

2.1 Anticipated Agreement Term ..........................................................................................2

2.2 Federal Oversight and Management Board (FOMB) ......................................................2

2.3 RFP COORDINATOR ........................................................................................................3

2.4 RFP Timeline ...................................................................................................................3

2.5 Pre-Proposal Information and Questions .........................................................................3

2.6 Conflicts of Interest..........................................................................................................4

2.7 Blackout Period ................................................................................................................5

2.8 Other Prohibited Communications ..................................................................................6

2.9 Submission Format ..........................................................................................................6

2.10 Changes to Proposal Wording .........................................................................................6

2.11 Respondent’s Errors and Omissions ................................................................................7

2.12 Respondent’s Expenses ....................................................................................................7

2.13 Selection of Proposal in Best Interests of Puerto Rico ....................................................7

2.14 Number of Awards ...........................................................................................................7

2.15 Withdrawal of Proposal ...................................................................................................7

2.16 Rejection of Proposals / Cancellation of RFP..................................................................7

2.17 Ownership of Proposals ...................................................................................................8

2.18 Waiver of Informalities ....................................................................................................8

2.19 Confidentiality of Proposals ............................................................................................8

2.20 Collection and Use of Personal Information ....................................................................8

2.21 RFP and Proposal as Part of Agreement ..........................................................................8

3. SERVICES ...........................................................................................................................9

Scope of Services .........................................................................................................................9

3.1 Step 1- Complete DDD Per FEMA Project Number .....................................................12

3.2 Step 2 – Scope of Work and Cost Estimate per FEMA Project Number ......................13

3.3 Step 3 – Special Task Orders .........................................................................................14

3.4 Commencement of Services ..........................................................................................14

3.5 Key Deliverables ............................................................................................................15

3.6 Milestones ......................................................................................................................16

3.7 Reporting........................................................................................................................16

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4. STAFF REQUIREMENTS ................................................................................................17

5. GENERAL FEDERAL GRANT REQUIREMENTS .......................................................18

5.1 Federal General Provisions ............................................................................................18

5.2 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)..............................18

5.3 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards, 2 C.F.R. Part 200 ................................................................................19

6. INVOICING AND PAYMENT ........................................................................................19

7. SELECTION CRITERIA AND REQUIREMENTS .........................................................20

7.1 Proposal Structure ..........................................................................................................20

7.2 Required Minimum Qualifications of Respondent ........................................................22

7.3 Evaluation Methodology ................................................................................................26

7.4 Firm Experience and Financial Capacity .......................................................................27

7.5 Proposed Approach and Organization ...........................................................................27

7.6 Proposed Personnel and Experience ..............................................................................28

7.7 Inclusion of Local Parties ..............................................................................................28

7.8 Cost Proposal .................................................................................................................28

7.9 Commitment to Complying with all Applicable Federal and Puerto Rico Laws,

Regulations, Executive Orders, and Policy....................................................................28

ATTACHMENTS

Attachment A – Respondent’s Good Standing, Limited Denial of Participation

(LDP)/Suspension or Debarment Status, Legal Issues, Ownership Structures, and Conflicts

Attachment B – Anti-Lobbying Certification

Attachment C – Acknowledgement of Receipt of Addenda Form

Attachment D – Cost Proposal Form

Attachment E – Applicable Federal Terms and Provisions

1. BACKGROUND INFORMATION

The 2017 hurricane season brought insurmountable devastation to Puerto Rico when in the month

of September, the Island experienced category four and five storms, Hurricane Irma and Hurricane

María. In 2017 the Government of Puerto Rico created the COR3 to, among other purposes,

support all facets of intermediate and long-term recovery efforts of all emergency’s and disasters

declared by the President of the United States in Puerto Rico. Pursuant to such purposes, in year

2018, COR3 issued several RFPs for services related to the FEMA programs which resulted in the

execution of various contracts for grants management, project formulation, compliance and

closeout, among others services.

On December 2019, and most recently January 2020, Puerto Rico experienced the effects of

several earthquakes that took place in the southwestern area of the island. As with the 2017

hurricanes, the continuous earthquakes have brought devastation not only to the local and central

government in the area, but also to the citizens that lived or owned properties and businesses in

such area.

As the Government continues to advance the recovery phase in the aftermath of the storms and the

recent earthquakes, COR3 works to confirm that all costs incurred in connection with its

administration of the recovery are eligible, reasonable and necessary. This includes constant

review and assessment of all processes, including active efforts to identify opportunities for greater

efficiencies, and adjustment of resources as needed. Consequently, two years after the passage of

Hurricanes Irma and María, and a month after the recent earthquakes, COR3 seeks to execute

deliverable/performance-based contracts for certain project formulation services. The finality of

this is to ensure the performance and deliverables of contractors is solely based on the Puerto Rico

Government needs, to assure maximum recovery and guarantee an efficient, effective, and

transparent use of available resources for the recovery of Puerto Rico.

2. PURPOSE AND INTENT

This Request for Proposals (“RFP”) is issued by the Government of Puerto Rico (“Government”)

through the Central Recovery and Reconstruction Office of Puerto Rico (“COR3”), as division

within the Puerto Rico Public-Private Partnerships Authority (“Authority”). The purpose of this

RFP is to solicit proposals from interested qualified firms which can provide Disaster Recovery

Project Formulation Services, described in Section 3, in connection with the administration of the

Federal Emergency Management Agency funds. The technical assistance to be provided by

Contractor personnel will assist the Governor’s Authorized Representative (“GAR”) and the

COR3 in the development of project worksheets of eligible state agencies, municipalities, and

private non-profits (subrecipients).

While conducting recovery operations from the current disasters, the Government of Puerto Rico

must be prepared to recover from any future disasters which may occur during the term of this

contract, therefore, it is expected that the selected proponent(s) will provide support and technical

assistance for project formulation services related to the FEMA Public Assistance (PA) in

connection with all current federally declared disasters and any subsequent presidentially declared

disasters, which may occur during the term of the contract. The Contractor will also provide

training services to COR3 employees to build internal capacity to perform the contracted services.

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COR3 reserves the right, without limitation, to grant more than one contract and/or select more

than one qualified proponent or bidder and to cancel this solicitation and reissue this RFP, or

another version of it, if it deems that doing so is in the Public Interest, or amend the contract(s) of

the Selected Respondent(s) to extend the original duration, as further explained in this RFP, or to

extend the scale of the scope to include work under subsequent plans as long as related to the

services requested herein. Award of the contract(s) will be to the qualified firm(s) whose proposal,

conforming with this RFP, is most advantageous to the Government, price and other factors

considered. Section 3 of this RFP has a detailed description of the Scope of Services.

It is the Government’s intent to ensure that all work performed, pursuant to this RFP, is eligible

for United States Department of Housing and Urban Development (HUD) and United States

Federal Emergency Management Agency (FEMA) Public Assistance grant funding and performed

in accordance with HUD, FEMA and other applicable Federal and State regulations, policies and

guidance including, but not limited to, Davis-Bacon Act (40 U.S.C. 276a to 276a-7) and Clean Air

Act (42 U.S.C. 1857(h)). Qualified firms shall possess all required Federal and Government

licensing. This in particular may include, without limitation, the programs known as FEMA Public

Assistance, FEMA Hazard Mitigation Grant Program, HUD Community Development Block

Grant Program, HUD Community Development Block Grant Program—Disaster Relief, HHS

Social Services Block Grant Program, DOT, FHA, FTA, FAA Grant Programs, Department of the

Interior Grant Programs, USDA Emergency Watershed Protection Program, USDA Emergency

Forest Restoration Program, among others.

2.1 Anticipated Agreement Term

The initial term of the contract awarded pursuant to this RFP shall be through June 30, 2021, one

additional year (fiscal year 2020-2021) with the option to extend the term of the Agreement for

two one year-options, through June 30, 2022 and June 30, 2023, with the same terms and

conditions. The parties shall agree in writing to extend the term of the contract prior to the end of

each fiscal year. COR3 reserves the right to cancel the contract at any time upon a 30-day written

notice.

2.2 Federal Oversight and Management Board (FOMB)

The resulting contract must be submitted to the FOMB for review and approval if it results in a

value of ten million dollars ($10,000,000) or more. Pursuant to FOMB’s review of contracts

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policy1, COR3 hereby informs the requirement that the FOMB approve any contract pursuant to

such policy before execution.

2.3 RFP Coordinator

COR3 Project Formulation Coordinator

Margarita Mosquera

[email protected]

787-273-8205

2.4 RFP Timeline

Target Date Event

March 4, 2020 Publication of RFP on COR3 Transparency Portal RFPs

& Contracts Tab

March 16, 2020 Deadline to Submit Questions — 3:00 p.m. (AST)

March 30, 2020 COR3 to Provide Consolidated Response to Questions

April 13, 2020 Deadline to Submit Proposals — 3:00 p.m. (AST)

April 27, 2020 Notice of Award Expected

May 11, 2020 Execution of Agreement Expected

May 11, 2020 Issuance of First Task Order Expected

Please note that the RFP timeline includes target dates and may change subject to the sole

discretion of COR3. It is the sole responsibility of Respondents to periodically review the COR3

Transparency Portal, RFPs & Contracts Tab (www.recovery.pr) for updates to this RFP.

2.5 Pre-Proposal Information and Questions

The information contained in COR3’s Transparency Portal on the internet may provide additional

general information as to the status of the PA Program to-date in Puerto Rico. Also, Proponents

may find COR3 Disaster Recovery Federal Funds Management Guide in such Transparency

Portal. COR3 encourages Proponents to review and analyze the data included in such portal prior

to submitting the proposal.

Potential Respondents may also wish to review additional information publicly available,

including, but not limited to:

Transformation and Innovation in the Wake of Devastation (August 8, 2018)

The New Fiscal Plan for Puerto Rico

CDBG-DR Action Plan

1 Effective November 6, 2017, as amended.

mailto:[email protected]

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Federal Register notices, including but not limited to 82 FR 53514

All questions and correspondence must be sent to: [email protected] and

[email protected] and must reference this specific RFP (COR3-RFP-2020-01) in the subject line

of the email. Any correspondence or questions that do not comply with this requirement or that

are sent to any other e-mail address will not receive a response.

Any Respondent that submits a question(s) will be copied on all future communications related to

the RFP and RFP addenda, clarifications, and/or selection process. COR3 will endeavor to respond

to properly submitted questions as quickly as possible and will send individual responses to all

known Respondents as of the date the response is sent. No questions will be accepted after the

deadline provided in the above schedule. COR3 will compile a summary of all questions

submitted, and all responses, and send one consolidated response document to all Respondents at

the close of the COR3 response period and will post a copy of same to the COR3 Transparency

Portal RFPs & Contracts Tab (www.recovery.pr).

Any prospective Respondent that does not submit a question should also provide an email to

[email protected] and [email protected] by the deadline to submit questions to ensure

receipt of future communications about the RFP, responses to questions, or other matters related

to the RFP selection process. This email should include the name of the firm, a statement

expressing the firm’s interest in submitting a response to this RFP, and the name and contact

information for the individual it wishes to receive RFP-related information.

Notwithstanding anything provided above, Respondents are responsible for monitoring the COR3

Transparency Portal RFPs & Contracts Tab and Document Library (www.recovery.pr) for updates

and information.

Any interpretations, corrections or changes to this RFP will be made by addendum. COR3’s

Executive Director’s Office has the sole authority to issue addenda to this RFP. Any changes to

specifications will be made in writing and posted on the COR3 Transparency Portal RFPs &

Contracts Tab (www.recovery.pr). Respondents shall acknowledge receipt of all addenda on the

proposal form as attached hereto as Attachment C.

2.6 Conflicts of Interest

Respondents must ensure that all actions related to their response are consistent with the

Authority’s Guidelines for the Evaluation of Conflicts of Interest and Unfair Advantages in the

Procurement of Public-Private Partnership Contracts (the “Ethics Guidelines”) and other

applicable ethics regulations. Prospective Respondents should review the Ethics Guidelines,

which are available for download on the Authority’s website: http://www.p3.pr.gov.

The Respondent shall notify COR3 as soon as possible if this contract or any aspect related to the

anticipated work under this contract raises an actual or potential conflict of interest (as defined at

2 C.F.R. Part 215 and 24 C.F.R. § 85.36 (2013) (or 84.42 (2013), if applicable). The Respondent

shall explain the actual or potential conflict in writing in sufficient detail so that COR3 is able to

assess such actual or potential conflict.





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Respondents are required to provide a list of any other current or former advisory contracts the

firm has/had with any Government Entity in Puerto Rico, or which bear any direct or indirect

relation to the activities of the Government of Puerto Rico. Further, please provide a description

of any recent historical or ongoing legal proceedings, interviews or investigations being conducted

by any U.S. law enforcement agencies involving your firm or team that are related to transactions

executed in or on behalf of the Government of Puerto Rico and/or its public corporations. In

addition, please provide a brief description of any work you have performed for any creditors or

guarantors of the Government of Puerto Rico or any public corporation debt about their positions

in Puerto Rico debt obligations. Indicate whether this activity is ongoing, and if not, when the

prior assignment concluded.

Note, COR3 or the Authority may in the future request a list of direct or indirect relationships the

Respondent or its professionals have to members of the Authority or Board Members or executives

of other public corporations of Puerto Rico.

In the event of real or apparent conflicts of interest, COR3 reserves the right, in the

Government’s best interest and at its sole discretion, to reject a proposal(s) outright or to

impose additional conditions upon Respondents. The Respondent shall accept any reasonable

conflict mitigation strategy employed by COR3, including but not limited to the use of an

independent subcontractor(s) to perform the portion of work that gives rise to the actual or potential

conflict.

COR3 reserves the right to cancel any contract awarded pursuant to this RFP with 30 days’ notice

in the event that an actual conflict of interest, or the appearance of such conflict, is not cured to

COR3’s satisfaction.

2.7 Blackout Period

The blackout period is a specified period of time during a competitive procurement process in

which any Respondent, bidder, or its agent or representative, is prohibited from communicating

with any COR3 employee or COR3 contractor involved in any step in the procurement process

about this procurement. The blackout period applies not only to COR3 employees, but also to any

current contractor of COR3. “Involvement” in the procurement process includes but may not be

limited to project management, design, development, implementation, procurement management,

development of specifications, and evaluation of proposals for a particular procurement. This

solicitation designates the contact person (RFP Coordinator) and all communications to and from

potential Respondents and/or their representatives during the blackout period must be in

accordance with this RFP’s defined method of communication with the RFP Coordinator. The

blackout period begins on the date that COR3 first issued a Public Notice of Intent to Issue this

RFP. The blackout period will end when a contract is signed by both parties.

In the event a prospective Respondent may also be a current COR3 contractor, COR3 employees

and the prospective Respondent may contact each other with respect to their existing contract and

duties only. Under no circumstances may COR3 employees or current contractors discuss this

RFP or corresponding procurement process or status.

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Any bidder, Respondent, or COR3 contractor who violates the blackout period may be excluded

from the awarding contract and/or may be liable to COR3 in damages and/or subject to any other

remedy allowed under law, including but not limited to a ban in participating in any procurements

issued by or for COR3, or any entity of the Government of Puerto Rico, for a period of ten (10)

years, if it is determined that such action results in violation of the Anticorruption Code, Puerto

Rico Act 2-2018.

2.8 Other Prohibited Communications

Communications with other representatives of the Government of Puerto Rico or relevant entities

of Federal Government regarding any matter related to the contents of this RFP are prohibited

during the submission and selection processes. Failure to comply with these communications

restrictions will result in rejection of the Respondent’s proposal.

2.9 Submission Format

Proposals are to be no longer than 50 pages in length, to include all attachments and résumés,

unless specified herein. Proposal font size shall not be any less than 12 point, with 1-inch margins,

with the exception of tables and charts, but such text must be clearly legible. Respondents are

encouraged to submit only relevant and necessary information.

Proposals must be submitted in accordance with the schedule described in Section 2.4 and the

Proposal Structure described in Section 6. Any Proposal or responses to the RFP submitted after

the prescribed deadline will not be accepted absent extreme extenuating circumstances as

determined in the sole discretion of COR3.

Respondents shall submit Proposals in electronic format only to the attention of the RFP

Coordinator at [email protected] and [email protected]. The RFP Coordinator will

confirm receipt by e-mail. It is the responsibility of each Respondent to confirm that its Proposal

is successfully submitted and received by the RFP Coordinator by the deadline.

COR3 intends that Proposals to this RFP will be submitted in a consistent and easily comparable

format. Proposals not organized in the manner set forth in this RFP may be considered

nonresponsive at the sole discretion of COR3. Respondents should not refer to other parts of their

submission or refer to information that may be publicly available elsewhere, or to the Respondent’s

website or any other website, in lieu of presenting the information in the Proposal.

2.10 Changes to Proposal Wording

If the Respondent wishes to amend its Proposal after submission, it may do so only by making a

request to the RFP Coordinator via e-mail as described in Section 2.5. Any amendment must be

made by submitting a revised Proposal in its entirety and clearly marked “Amended Proposal”.

COR3 will consider amended Proposals to replace and supersede any earlier submission. No

amended Proposal may be submitted after the Proposal submission deadline described in Section

2.4. COR3 may request additional information after this deadline only for purposes of

clarification.



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2.11 Respondent’s Errors and Omissions

COR3 reserves the right to reject a submission that contains an error or omission. COR3 also

reserves the right to request correction of any errors or omissions and/or to request any clarification

or additional information from any Respondent, without opening up clarifications for all

Respondents. Respondents will be provided a reasonable period of time in which to submit written

responses to COR3’s requests for clarification or additional information. Respondents shall

respond by the deadline stated in the correspondence.

2.12 Respondent’s Expenses

Respondents are solely responsible for their own expenses in preparing a Proposal and for

subsequent negotiations with COR3, if any. COR3 will not be liable to any Respondent for any

claims, costs, or damages incurred by the Respondent in preparing the Proposal, loss of anticipated

profit in connection with any final Agreement, or any other matter whatsoever.

2.13 Selection of Proposal in Best Interests of Puerto Rico

Notwithstanding the selection criteria set forth in the RFP, COR3 reserves the right to select a

Proposal(s) that, in its sole judgment, is consistent with and responsive to the goals of the

Government’s recovery plan, irrespective of whether it is the apparent lowest-priced Proposal, if

it is determined by COR3 and/or the Authority to be in the best interests of Puerto Rico.

2.14 Number of Awards

At the sole discretion of COR3 and based upon the breadth and experience of Respondents to this

RFP, COR3 may award contracts to more than one respondent and award any vendor one or more

steps or task orders per contract.

2.15 Withdrawal of Proposal

A Respondent may withdraw a Proposal at any time up to the date and time that the contract is

awarded. The withdrawal must be submitted in writing to the RFP Coordinator. Absent a full

withdrawal, Respondent must certify in the transmittal letter that its Proposal, including the

submitted cost proposal and pricing, will be valid for one hundred twenty (120) days from COR3’s

receipt.

2.16 Rejection of Proposals / Cancellation of RFP

Issuance of this RFP does not constitute a commitment by COR3 to award a contract. COR3

reserves the right to accept or reject, in whole or in part, all Proposals submitted and/or to cancel

this solicitation and/or reissue this RFP or another version of it, if it determines that doing so is in

the best interest of the impacted communities or Puerto Rico. If any or all proposals are rejected,

COR3 reserves the right to re-solicit proposals.

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2.17 Ownership of Proposals

All documents, including Proposals submitted to COR3, become the property of COR3. Selection

or rejection of a Proposal does not affect this provision.

2.18 Waiver of Informalities

COR3 reserves the right to waive any informalities and/or irregularities in a Proposal if it

determines that doing so is in the best interest of the impacted communities or the Government of

Puerto Rico.

2.19 Confidentiality of Proposals

COR3 shall have no obligation to treat any information submitted in connection with a Proposal

as proprietary or confidential unless (i) the Respondent so identifies such information in its

Proposal as proprietary or confidential, and (ii) COR3 determines that the information is

proprietary or a trade secret and legitimately requires such treatment or that it must otherwise be

protected from publication according to law. COR3 obligations with respect to protection and

disclosure of such information shall at all times be subject to applicable law. If the Respondent

desires to identify any information in its Proposal as proprietary or confidential, it shall limit such

designation to only those particular portions of the Proposal that actually constitute proprietary

information, trade secrets, or other confidential matters or data. Identification of the entire

Proposal or entire sections of the Proposal or other overly broad designations as confidential or

proprietary are strongly discouraged and may result in the Proposal being deemed unresponsive.

COR3 shall have the right to use all portions of the Proposal, other than those portions identified

and marked as confidential or proprietary, as it considers necessary or desirable in connection with

this RFP; and, by the submission of the Proposal, the Respondent thereby grants to COR3 an

unrestricted license to use such unrestricted portions of the Proposal.

2.20 Collection and Use of Personal Information

Respondents are solely responsible for familiarizing themselves and ensuring that they comply

with the laws applicable to the collection and dissemination of information, including résumés and

other personal information concerning employees and employees of any subcontractors. If this

RFP requires Respondents to provide COR3 with personal information of employees who have

been included as resources in Proposal to this RFP, Respondents will ensure that they have

obtained written consent from each of those employees before forwarding such personal

information to COR3. Such written consents are to specify that the personal information may be

forwarded to COR3 for the purposes of responding to this RFP and use by COR3 for the purposes

set out in the RFP. COR3 may, at any time, request the original consents or copies of the original

consents from Respondents, and upon such request being made, Respondents will immediately

supply such originals or copies to COR3.

2.21 RFP and Proposal as Part of Agreement

This RFP, as well as any related solicitation documents such as Addenda and Questions &

Answers, and the selected Respondent’s Proposal will become part of any contract between COR3

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and the Respondent. In the event that the terms of the RFP and related documents or Proposal

conflict with the contract, the contract terms shall control.

3. SERVICES

Scope of Services

The scope of services presented is based upon circumstances existing at the time the RFP is

released. COR3 reserves the right to modify or delete specific tasks listed and, if appropriate, add

additional tasks prior to and during the term of the contemplated contract, as long as the additional

tasks are within or logically related to the Scope of Services contemplated herein and in the

resulting Agreement. COR3 reserves the right to retain some of these services and tasks internally

or to assign some the services and tasks to other Selected Respondents to whom a contract is

awarded, if applicable.

The Selected Respondent will be directly responsible for ensuring the accuracy, timeliness, and

completion of all tasks. All Tasks will be completed within the steps described in Section 3.1, 3.2

and 3.3.

When a Task Order is issued pursuant to the Agreement, the Selected Respondent will be

responsible for communicating with and providing necessary assistance to COR3. Each

Task Order will describe the Scope of Services, rates and other compensation, including the

not to exceed amount.

Respondents may submit Proposals for consideration to any individual project category for an

individual Step and/or project category or all steps and project categories described in Section 3.1

and Attachment D.

Beginning with Hurricane Irma in 2017, all FEMA Project Worksheets (“PW”) are developed and

processed under FEMA’s new “Public Assistance Delivery Model”. According to FEMA, this

delivery model consists of three basic elements: (1) simplified roles and responsibilities for FEMA

staff; (2) cloud-based customer relationship and program management software known as the

Public Assistance Grants Manager (for FEMA’s internal use) and Grants Portal (for use by

applicants, subrecipients, and recipients); and (3) pooled resources of trained experts to support

project development called “Consolidated Resource Centers” (“CRCs”).

Under this model, FEMA assigns a “Program Delivery Manager” or “PDMG” to each applicant

for Public Assistance who serves as the applicant’s primary point-of-contact and provides

assistance throughout the grant development process. Once inspections take place, damages

defined, and projects identified, the PDMG forwards projects to the CRC for compliance,

document, and quality assurance reviews. Subject matter experts at CRCs provide approvals with

respect to project scoping and costing. Upon return from the CRC, the project is reviewed by the

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PDMG, Recipient, and the applicant before the applicant signs the final project and FEMA

obligates the funding.

The delivery model uses a web-based platform called “Grants Portal” to provide grants

management capabilities and transparency for applicants, recipients, and subrecipients. Through

Grants Portal, applicants can submit a Request for Public Assistance and upload project

documents. In fact, all required data is electronically uploaded, eliminating the need for hard-copy

documentation.

In Puerto Rico, the model occurs in five phases as depicted in the flow chart below:

Through this RFP COR3 seeks qualified firms to provide Project Formulation and Technical

Services for the development of FEMA Project Worksheets for Public Assistance program

funding. The Selected Firm will assist COR3 through all phases, as needed, of the workflow

described above. Respondents should have experience in the formulation of federally funded

projects in the aftermath of hurricanes or natural disasters.

Large permanent work projects for Hurricanes Irma and Maria, and the recent earthquakes may be

obligated with fixed cost estimates under Stafford Act § 428 Alternative Procedures. Respondents

should be prepared to deliver services under standard § 406 procedures or § 428 Alternative

Procedures, as each disasters projects may or may not be subject to § 428 Alternative Procedures.

Consideration will be given to respondents that have prior experience with § 428 of the Stafford

Act.

Project Formulation and Technical Services include assisting COR3, as needed, in the

development of project worksheets of state agencies, municipalities, and private non-profits

(subrecipients) for all open and eligible disasters. According to FEMA:

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Project formulation is a transparent and collaborative process between FEMA, the Recipient, and

Subrecipients. It includes identifying and submitting Damage Descriptions and Dimensions

(DDDs) to the CRC to determine eligible Scopes of Work (SOWs) and develop cost estimates.

Project formulation also includes coordination with Section 406 Hazard Mitigation staff to identify

406 Hazard Mitigation Proposals (HMPs) and develop cost estimates specific to each approved

HMP.

COR3 anticipates that the local cost share of FEMA-funded projects will be funded by COR3

using U.S. Department of Housing and Urban Development (HUD) Community Development

Block Grant-Disaster Recovery (CDBG-DR) grant funding. The selected respondent must be

prepared to immediately implement best practices for project formulation services, understanding

that the projects will be funded by FEMA Public Assistance, HUD CDBG-DR, or both types of

grants. The Services include, but are not limited to, the following:

Assisting COR3 and subrecipients in identifying all disaster-damaged facilities and

equipment, including through site inspections;

Collaborating with COR3, subrecipients, and Federal agencies (i.e., FEMA, HUD) in

determining which projects are eligible for Federal funding (e.g., FEMA Public Assistance

funding, HUD CDBG-DR funding);

Conducting damage assessments and preparing Damage Descriptions and Dimensions for

each eligible project (DDD);

Developing accurate, detailed, and complete scopes of work (SOW) for all damaged

facilities and equipment, differentiating and identifying both small and large projects that

will be the basis of each PW;

Preparing detailed and itemized cost estimates for each eligible project;

Working with COR3 and subrecipients to reach agreements with FEMA on fixed cost

estimates (FCE), including providing strategic advice regarding the request for third-party

independent expert panel review of FCEs and consolidation of funds across facilities

Identifying any circumstances that require special review, such as Environmental and

Historic Preservation (EHP) reviews, permitting requirements, or insurance concerns;

Identifying opportunities for alternate and improved projects and collaborating with COR3,

FEMA, and other federal agencies, as applicable, to ensure approval and eligibility for

alternate and improved projects;

Developing Stafford Act § 406 Hazard Mitigation Proposals (HMP) where mitigation

actions can minimize future disaster impacts and refining Hazard Mitigation strategies;

Developing and documenting each Project Worksheet;

Preparing changes of SOW as needed and collaborating with COR3, FEMA, and other

federal agencies, as applicable, to ensure these SOW are approved before work begins;

Submitting PWs associated with eligible projects to FEMA or other federal agencies, as

applicable for approval;

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Provide the needed support to comply and implement the requirements set forth in the

Bipartisan Budget Act of 2018 that are related to disaster and recovery matters.

The services listed above are not meant to be an exhaustive list of the services the selected

respondent will be asked to provide during the term of the Contract; additional services may be

required throughout the contract term. Performance of project formulation and technical services

require extensive knowledge of policies applicable to the FEMA Public Assistance program and

HUD CDBG-DR program, including experience with damage assessments, identification of

damaged facilities and measurement of magnitude of damages, and work and cost eligibility.

The selected respondent will be required to facilitate communication between applicants, COR3,

FEMA, and other local, state, and federal agencies. The selected respondent shall develop,

maintain, and provide upon request daily operational reports to keep COR3 informed of work

progress, including updates of: EHP reviews; DDDs submitted; cost estimates prepared; PWs

written, and obligated funding.

These tasks will be completed within the following steps:

3.1 Step 1- Complete DDD Per FEMA Project Number

The Expected tasks within Step 1 are:

Conduct Inspection

Draft Inspection Report

Conduct Inspection Review

Provide Comments and Recommendation to COR3 or Applicant

Draft DDD or Review FEMA-Drafted DDD, as determined by COR3

Make Recommendation to COR3 and/or Applicant for Signature

The Expected Project Categories for which the tasks in Step 1 shall be performed are the following:

Project Size2

Small Project

Minimum Team Members must

include: 1 Scope Reviewer, 1

Estimator, 1 Insurance

Possible Additional Needed Team

Members: 1 EHP Reviewer, 1 HMP

Reviewer

Large Project (up to $1m)

2 Small and large project thresholds are available here: https://www.fema.gov/public-assistance-indicator-and-project-thresholds.

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include: 1 PA SME, 1 Scope Reviewer,

1 Estimator, 1 Insurance, 1 EHP

Reviewer, 1 HMP Reviewer

Large Project ($1m-$5m)





Large Project >$5m up to $10)





Large Project > $10m





Personnel requirements and Pricing shall be based upon completion of each Step as described in

Attachment D, with delayed completion of Step resulting in delayed payments.

3.2 Step 2 – Scope of Work and Cost Estimate per FEMA Project Number

The Expected tasks within Step 2 are:

Review FEMA-Produced SOW and Cost Estimates

Insurance Review and Recommendations

§ 406 HMP Review

EHP Review as applicable

Subject Matter Expert (SME) Final Review and Recommendation

Transmittal Sheet to COR3

The Expected Project Categories for which the tasks in Step 2 shall be performed are the following:

Project Size

Small Project


include: 1 Scope Reviewer, 1

Estimator, 1 Insurance

14



Reviewer





















Personnel requirements and Pricing shall be based upon completion of each Step as described in

Attachment D, with delayed completion of Steps resulting in delayed payments.

3.3 Step 3 – Special Task Orders

In addition to the per project Steps stated above, additional Task Orders can be issued at the sole

discretion of COR3 for special projects that will be charged on an hourly basis, subject to COR3’s

Contractor, Travel, Expense, and Billing Policy.

3.4 Commencement of Services

Selected Respondents must be prepared to commence theses services within fourteen (14) days of

the issuance of a Task order, at the direction of COR3.

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3.5 Key Deliverables

Respondents shall outline the types of deliverables and timelines they intend to produce in

performing the services being procured through this RFP and completing the Steps above-stated.

At a minimum, key deliverable to be provided shall include such items as:

Weekly comprehensive reports including the following:

Identification and location of damages;

Number of DDDs prepared;

Preparation of scopes of work associated with eligible projects;

Estimated cost damages for each eligible project;

Number of PWs submitted to FEMA;

Discussion of any potential concerns or findings from FEMA or other Federal

agencies, and a proposed corrective plan of action, if needed

Quarterly reports detailing issues of special concern, including but not limited to, projects

requiring EHP reviews, permitting requirements, and insurance concerns

Analysis and recommendations for alternate and improved projects

Analysis and recommendations for potential § 406 Hazard Mitigation

Work papers and analysis providing information about the process used to develop

reports

Reporting and updating timelines

Project work plans, timeframes, and budget tools

Proposed system(s) and template(s) used to capture and report information

Deliverables shall be delivered to COR3 in an editable format such as Word, Excel, PowerPoint,

Adobe Illustrator, Photoshop, InDesign, or Visio and/or other formats. All deliverables and

resulting work products will become the property of COR3. The Respondent shall certify the

accuracy of its deliverables to COR3.

The selected respondent will be required to prepare and provide all documentation related to its

provision of services to ensure that the costs incurred under its contract with COR3 are

appropriately allocated to a PW. The Contractor will be compensated for each step on a per project

basis, inclusive of all costs. In the event COR3 approves reimbursement of additional costs, such

approval must be in writing and reimbursement will be subject to the COR3 Contractor, Travel,

Expense, and Billing Policy. The COR3 Contractor, Travel, Expense, and Billing Policy applies

to all contracts awarded as a result of this RFP, but to the extent the RFP or contract differs from

the COR3 Contractor, Travel, Expense, and Billing Policy, the document control in the following

order: (1) contract; (2) COR3 Contractor, Travel, Expense, and Billing Policy (3) RFP.

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3.6 Milestones

Respondent shall establish Key Performance Metrics within the Proposal that clearly indicates

project milestones and deliverables tied to an overall proposed project schedule. These milestones

and deliverables shall be considered by COR3 during issuance of task orders but is not binding to

COR3 in any way. Pricing shall be based upon completion of each Step and/or Special Task Order

as described in Attachment D, with delayed completion of Steps or Task Orders resulting in

delayed payments.

3.7 Reporting

COR3 is required to maintain a high degree of contractor oversight and efficient and effective cost

controls. Failure to so do risks eligibility for federal reimbursement of the costs incurred under

any agreement entered into pursuant to an award under this RFP. In addition to the above Key

Deliverables, following is a list of the Reports that may be required by COR3:

Weekly Status Report - A weekly report which contains the following information:

Staffing: a description of significant anticipated changes to Contractor’s staffing

plan, including, but not limited to, additions or departures of employees,

independent contractors, subcontractors, etc.; promotions and demotions of the

aforementioned persons as it relates to their work for the Authority; planned

vacations or leaves of absence that will impact work flow; and other human

resource related information that will affect the Contractor’s provision of services

to COR3.

Summary of Work Performed: a brief description of the work performed in the

preceding work week, including a list of open projects and their progress as

compared to the previous week.

List of Meetings: a list of meetings the Contractor held in the preceding week with

third parties (i.e., sub-applicants/subrecipients, federal agencies, or other

contractors), including a description of the discussion and the result of the

discussion or action items.

Needs List: a numbered list of work items, information, or decision points that the

Contractor requires from COR3 for the week ahead, listed in priority order, with

the highest first.

Monthly Presentation - A monthly in-person presentation by the Contractor’s Designated

representative and (and any other key personnel as may be requested by COR3). The presentation

should include a PowerPoint or similar document that provides the status of the overall program

being managed, including quantifiable metrics (e.g., the number of projects and total dollar value

of projects at each stage of the grant process and average duration projects remain at each stage).

The presentation should also highlight key successes and challenges of the preceding month and

total approved and total denied funding to date.

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4. STAFF REQUIREMENTS

The Respondent shall have or will secure, at its own expense, all personnel required in performing

the services under the contract. COR3 expects the Selected Respondent to provide competent and

fully qualified staff that are authorized or permitted under federal, state, and local law to perform

the scope of work under the agreement. COR3 reserves the right to request the removal of any

staff not performing to standard. No additional personnel may be assigned to the resulting contract

without the written consent of COR3.

Staff Experience and Qualifications

The Respondent should provide detailed information about the experience and qualifications of

the Respondent’s principals, project managers, key personnel, and staff to be assigned, including

degrees, certifications, licenses, and years of relevant experience. Respondent shall specifically

identify people currently employed by the Respondent who will serve as Key Personnel. This

includes the Respondent’s own staff and staff from any subcontractors to be used. The Respondent

should demonstrate that its staff (and/or subcontractor’s staff) meet the desirable requirements

listed below and have necessary experience and knowledge to successfully implement and perform

the tasks and services.

Organizational and Staffing Plan

Respondent shall submit to COR3 an initial organizational chart detailing the identity of each

person (whether employed by Respondent or a subcontractor) who shall perform any

support/technical services work. The Respondent’s organization and staffing plan shall

specifically include the required number of personnel, role and responsibilities of each person on

the project, name of the resource or subcontractor, résumé or professional information, their

planned level of effort, their anticipated duration of involvement, and their on-site availability.

The Respondent should demonstrate its ability to adequately staff and scale each functional area

to maintain agreed upon service levels throughout the life of the Program.

The Contractor must be experienced and knowledgeable in providing strategic advice. All

proposed staff must be knowledgeable on the current provisions related to the Recovery Programs

found in the Stafford Act, 44 C.F.R., and 2 C.F.R.

The Contractor should anticipate the probability of staffing multiple projects with multiple

resources simultaneously during the term of the contract.

COR3 shall have the discretion to request that the Contractor remove a staff member from service,

if needed. COR3 reserves the right to review the résumé of any proposed staff including those of

any subcontractors. All services shall be performed under the direction of the COR3 Executive

Director and/or designated personnel.

Positions and General Descriptions

18

The total number of contracted personnel for each position is dependent on the assigned Scope of

Services and needs of COR3. Below is a description of tasks associated with each position. These

descriptions are general and not intended to be all inclusive or limit the work tasks that may be

performed by that position. All duties and responsibilities assigned to any contracted personnel

will be under the direction and oversight of COR3’s staff.

The Contractor will be required to staff each of the required positions if so assigned in the

applicable Task Order. COR3 has the discretion to request additional staff, including different or

additional positions, depending upon the size, complexity, and demands of the assigned Scope of

Services. Such request shall be made by task order.

5. GENERAL FEDERAL GRANT REQUIREMENTS

COR3 anticipates that some or all of the costs incurred under the contract awarded pursuant to this

RFP will be funded with federal funds. As such, the contract shall be governed by certain federal

terms and conditions for federal grants, including any applicable OMB circulars. In addition, this

RFP is intended to be conducted in accordance with 2 C.F.R. Part 200 which outlines the methods

of procurement to be followed by non-federal entities.

5.1 Federal General Provisions

Because the costs incurred by COR3 under the contract awarded pursuant to this RFP are

anticipated to be funded by the Federal Government, the contract shall be also governed by any

specific terms and conditions set forth by the awarding federal agency(ies). Attachment E to this

RFP includes the applicable federal terms and provisions. Respondent shall provide a description

of experience in dealing with these and any other applicable provisions and requirements and

affirmatively certify that Respondent shall comply.

5.2 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification

at APPENDIX A, 44 C.F.R. PART 18 and attached hereto as Attachment B. Each tier certifies

to the tier above that it will not and has not used Federal appropriated funds to pay any person or

organization for influencing or attempting to influence an officer or employee of any agency, a

member of Congress, officer or employee of Congress, or an employee of a member of Congress

in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.

§ 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in

connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up

to the recipient. COR3 anticipates that the contract entered into pursuant to this RFP will involve

funds in excess of $100,000. Respondents must therefore include a signed Anti-Lobbying

Certification with their Proposal in the form attached as Attachment B.

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5.3 Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards, 2 C.F.R. Part 200

For any contract resulting from this RFP, compliance with the Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200

is required.

6. INVOICING AND PAYMENT

The Selected Respondent will be required to submit to COR3 monthly invoices for payment of

only those completed task orders, including expenses, in accordance to Attachment D and

corresponding task order issued. Invoices shall be complete and correct and shall be documented

in a manner that meets current federal requirements for reimbursement and in accordance with

COR3’s Travel, Expense, and Billing Policy available for review at https://recovery.pr/.

All labor rates proposed are to be broken out by job category and represent the total labor-related

cost, including all taxes, benefits, overhead, etc. No back-office administrative, reporting, invoice

preparation, and/or clerical expenses will be paid.

All invoices must contain the following language verbatim,

We certify under penalty of nullity that no public servant of the Puerto Rico Public-

Private Partnerships Authority or Puerto Rico Central Recovery, Reconstruction

and Resilience Office of Puerto Rico (“COR3”) will derive or obtain any benefit or

profit of any kind from the contractual relationship which is the basis of this

invoice. If such benefit or profit exists, the required waiver has been obtained prior

to entering into the Agreement. The only consideration to be received in exchange

for the delivery of goods or for services provided is the agreed-upon price that has

been negotiated with an authorized representative of the Puerto Rico Public-Private

Partnerships Authority or COR3. The total amount shown on this invoice is true

and correct. The services have been rendered, and no payment has been received

in respect thereof.

Payment Schedule: Invoices will be processed for payment only after approval by COR3’s

Contract Manager or other designee, and after COR3 review and approval of all submitted

expenses. Approval for payment shall not be granted until appropriate and quality deliverables are

received pursuant to the Task Orders issued by COR3, and documentation is provided and

determined to be correct, accurate, and consistent with COR3’s Task Order, Government of Puerto

Rico, and federal reimbursement requirements. Respondents should expect to be paid within a

reasonable time after invoice acceptance. For these reasons, Respondents should demonstrate in

their Proposals that they have sufficient financial capacity to continue to pay all staff and

subcontractors in a timely manner and continue to perform under any eventual contract with COR3

without interruption or delay.

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7. SELECTION CRITERIA AND REQUIREMENTS

7.1 Proposal Structure

The structure for Proposals should be as follows:

7.1.1 Cover Page (1 page): Identifying the name of the RFP, the Respondent

name, the point of contact and associated contact information, and the date

of submittal.

7.1.2 Transmittal Letter (maximum 2 pages): Provide a brief overview of the

key elements of the Respondent’s Proposal and why the Respondent should

be selected. Include the Respondent’s certification that they have read and

understand the requirements of the RFP (and any addenda that may be

released) and agree to comply with those requirements. This letter should

be signed by an official with the legal authority to bind the Respondent; if

a corporation, a corporate resolution must be included as an annex

authorizing the official who signs the Proposal. The letter shall include a

statement that the Proposal and all terms and pricing presented therein are

to be valid for a minimum of one-hundred and twenty (120) days.

Respondent shall provide a description of experience with such grant

requirements and affirmatively represent and certify that the Respondent

shall adhere to any applicable federal requirements, including the

acknowledgement that any funds disallowed, deobligated, or recouped by

any federal government entity shall be deducted from the fee or

compensation to Contractor to the extent that the disallowance,

deobligation, or recoupment is the fault of Contractor.

7.1.3 Respondent Experience and Financial Capacity (maximum 4 pages): Describe the history and experience of the firm as it relates to the proposed

scope of work, specifically focusing on governmental affairs and other areas

the Respondent believes demonstrates its relevant qualifications and

experience. Any subcontractors should be named, along with a description

of experience and what role they will play on the Respondent’s team.

Describe the Respondent’s experience with projects of similar size and

approximate value of the one identified in this RFP, and with FEMA

program and regulatory requirements. Respondent should describe its

demonstrated capability to provide the staffing with the qualifications

required in this RFP through the term of the expected contract.

A minimum of four (4) references of the Respondent (as Prime Contractor)

shall be provided, offering for each a brief summary of the work that was

done and how it relates to the scope of work under this RFP. Each reference

should include a point of contact name, their title, the name of the

organization they represent, and their phone and e-mail information so that

they may be contacted by COR3 or its designee(s). The Respondent is

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encouraged to provide up to two (2) references for identified

subcontractors.

The Respondent must provide a copy of its most recent audited financial

statement, and any other relevant information, along with a summary as to

why this information demonstrates Respondent’s financial capacity to

comply with all requirements imposed by or as a result of the contract to be

awarded pursuant to this RFP, including but limited to the ability to pay

employees and subcontractors even when awaiting payment of invoices

under this engagement. This section should also include a statement

making a firm commitment that the Respondent will pay its employees

and sub-contractors without regard to the timing of payment by COR3

and the Government of Puerto Rico. The audited financial statement will

not count towards the page limit for this section or the overall page limit for

the Proposal.

7.1.4 Proposed Approach and Organization (maximum 6 pages): Respondent

should provide an organizational structure and proposed staffing pattern

(including number of personnel) that they anticipate utilizing to deliver the

required services contemplated under this RFP and provide a detailed

explanation as to how they would approach and manage the engagement to

ensure maximum effectiveness, efficiency, transparency, and positive

outcomes. Respondents are encouraged to include information about any

unique or specialized approaches and capabilities they will bring to the

engagement. Respondent shall establish Key Performance Metrics within

the Proposal that clearly indicate project milestones and deliverables tied to

the overall project schedule. These milestones and deliverables shall be

considered by COR3 during issuance of task orders but are not binding on

COR3 in any way.

7.1.5 Proposed Personnel and Experience (including Key Personnel): This

need not be an exhaustive list of personnel to be assigned; however, it

should demonstrate the availability and qualifications of personnel to

manage and lead each element of Respondent’s proposed organizational

structure. Include a statement that clearly confirms that the personnel

named and offered are available and whether and to what extent the

personnel are committed to participate on-site in Puerto Rico in support of

this project.

7.1.6 Inclusion of Small, Minority, and Women-Owned Businesses

(maximum 2 pages): Provide an explanation on how Respondent is

including small, minority, and women-owned businesses as part of the

proposed team, and how much work it estimates will be provided to those

firms in this engagement. Firms to be utilized as part of the Respondent’s

team need to be identified and described in this section.

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7.1.7 Local Parties (maximum 2 pages): COR3 has the objective of fostering

the participation of Local Parties in the provision of professional services

and local expertise. Explain how the Local Party(ies) will add value to the

team and their expected role. Identify the Key Personnel from the Local

Party(ies) and provide an indication of the expected level of involvement

on the day-to-day activities and interaction with COR3.

7.1.8 Cost Proposal: Provide a complete labor table as provided in Attachment

D to this Proposal. The Cost Proposal shall include a price per unit for each

Step and each category of project, and an hourly rate for each of the

positions listed. The rates should be inclusive of all labor costs, including

any overhead and profit. No overtime will be paid by COR3 and no

additional markups will be allowed. The Cost Proposal must also include

the Respondent’s fully burdened unit price for project formulation project

package. Service to be provided may be done remotely based on COR3’s

approval and agreement that so doing would be most efficient and effective.

7.1.9 Commitment to Comply with all Applicable Federal and Puerto Rico

Local Regulations (1 page): Respondents shall explain their commitment

and plan to ensure compliance with all applicable Federal and Puerto Rico

laws, regulations, and policies. Indicate what characteristics of the team set

them apart in terms of commitment to comply and what specific trainings

and expertise reside within the team that reinforces the commitment to

compliance.

7.1.10 Evidence of Insurance: Respondent shall submit evidence of insurance

that meets or exceeds the requirements of the RFP, or a signed certified

statement from an official legally authorized to bind the Respondent that

commits the Respondent to deliver evidence of the required insurance

within seven (7) days of selection, including that the Puerto Rico Public-

Private Partnerships Authority and the Central Recovery and

Reconstruction Office have been listed as a named insured under its

insurance for purposes of this engagement.

7.2 Required Minimum Qualifications of Respondent

All Respondents are advised that the Selected Respondent shall comply with all public contracting

requirements set forth in the Treasury Department’s Circular Letter No. 1300-25-14, dated March

10, 2014, in connection to payment of income, and personal and real property taxes. The Selected

Respondent, upon Notice of Award, shall submit all certifications required under the cited circular

letter.

Also, the Selected Respondent must be prepared to submit all certifications compliance with

Puerto Rico Treasury Department's requirements for contracting with the government regarding

income and property (CRIM) taxes. These requirements are in accordance with Circular Letter No.

1300-13-97, dated April 11, 1997 stating instructions for the implementation of Administrative

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Bulletin No. OE-1 191-24 from the Governor’s Office dated August 18, 1991 amended by

Administrative Bulletin No. OE-1992-52 from the Governor’s Office dated August 28, 1992.

The following subsections are required minimum qualifications.

7.2.1 Type of Organization: The Respondent may be an individual, corporation,

partnership or a joint venture duly organized under the laws of the

Government of Puerto Rico. All Respondents, if incorporated, must show

they are in good standing with the Puerto Rico State Department (“State

Department”). All Respondents that are foreign corporations (out-of-state)

must file the necessary documents with the Division of Corporations of the

State Department requesting authorization to do business in Puerto Rico,

which shall have been requested prior to the date of submission of the

Proposal hereunder. Failure to demonstrate compliance with this

requirement may result in rejection of the Proposal without further

consideration.

7.2.2 Respondent’s Good Standing and Notification of Debarments, Legal

Issues, Ownership Structures, and Conflicts: If any of the Respondent’s

principals, officers, directors, or partners has been debarred, suspended, or

otherwise lawfully precluded from participating in any public procurement

activity, the Respondent shall disclose that information in its Proposal.

Failure to provide such information and complete Attachment A,

Respondent’s Good Standing, Limited Denial of Participation

(LDP)/Suspension or Debarment Status, Legal Issues, Ownership

Structures, and Conflicts shall result in the rejection of the Proposal.

COR3 will verify this information. It is mandatory that respondents shall

present a DUNS number with the proposal identifying the entity.

Each Respondent’s principals, officers, directors, and partners must be in

good standing with COR3 and the Government of Puerto Rico, and with

any Federal or local agency that has or had a contractual relationship with

the Respondent or any of its principals, officers, directors and partners.

Therefore, if a state, federal, or local agency has terminated any contract

with a Respondent for default, the Respondent will not be eligible to submit

a Proposal in response to this RFP.

In addition, each Respondent shall certify that none of its principals,

directors, officers or partners have been convicted or are under any

investigation by any state, federal forum, or in any other country, of the

crimes identified under PR Law No. 458 of December 29, 2000, as

amended. Certifications must encompass the prior experience of any and

all principals, officers, directors, and partners of the Respondent, including

prior corporate entities.

In addition, the Respondent must disclose the following information as part

of its proposal:

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• Actual, apparent, and potential conflicts;

• Ownership interests

• Identification of Officers, Directors, and Partners of bidding entities;

and

• Overlapping ownership interests or Directorships in other

companies.

7.2.3 Required Certifications from the Selected Respondent: The Selected

Respondent shall immediately submit upon receipt of a Notice of Award:

• Last Five Years Income Tax Form Filing, Puerto Rico Internal

Revenue (Hacienda) Department certification

• No Debt certification, Puerto Rico Internal Revenue (Hacienda)

Department

• Sales Tax Form Filing, Puerto Rico Internal Revenue (Hacienda)

Department

• Sales Tax No Debt certification, Puerto Rico Internal Revenue

(Hacienda) Department

• No Debt, Puerto Rico Municipal Taxes Collection Center (CRIM)

• Property Tax Form Filing, CRIM

• Employer Unemployment Filing, Puerto Rico Labor Department

certification

• Driver (Chauffer) Insurance Filing, Puerto Rico Labor Department

certification

• Minors Support Filing, ASUME certification

• Good Standing Certificate (corporations only), Puerto Rico

Department of State

• Corporate Resolution authorizing officer to sign the contract

• Sworn Statement, PR Law 2, January 4, 2018, as amended

7.2.4 By submitting a Proposal, each Respondent agrees that if the Proposal is

accepted, they will negotiate in good faith and enter into a contract with

COR3, for the Term set forth in this RFP (as defined in the Agreement),

including all exhibits and attachments hereto. Each Respondent also

accepts all terms and conditions of this RFP and any amendment thereto.

The Proposal and any additional information submitted by the Respondent

or negotiated between Respondent and COR3 prior to selection, together

with this RFP and any addenda hereto, will serve as confirmations of

Respondent’s acceptance of all terms and conditions therein.

7.2.5 Respondent, by submitting a Proposal, acknowledges and accepts that the

final agreement with COR3 will include all contract clauses required by 2

25

C.F.R. Part 200 and FEMA Guidance, as applicable, and that it is able to

comply with the requirements therein.

7.2.6 Equal Opportunity Employment and Use of Small, Minority, and

Woman-Owned Businesses: COR3 is an equal opportunity employer, and

strongly encourages vendors to include and involve small, minority, and

women-owned businesses as part of proposals. Selected Respondent shall

comply with all applicable state and federal labor laws and regulations

including, without limitation, Fair Labor Laws, Equal Employment

Opportunity Program requirements, unemployment tax, temporarily

disabled tax, worker’s compensation and social security taxes.

7.2.7 Respondent has adequate financial resources to perform the contract, or the

ability to obtain them; financial statements for the past two (2) years will be

required, or equivalent financial records must be included in the Proposal.

7.2.8 Respondent is able to comply with an accelerated delivery or performance

schedule.

7.2.9 Respondent has a satisfactory performance record.

7.2.10 Respondent has a satisfactory record of integrity and business ethics.

7.2.11 Respondent has the necessary organization, experience, accounting and

operational controls, and technical skills, or the ability to obtain them.

7.2.12 Respondent is otherwise qualified and eligible to receive an award under

applicable laws and regulations.

7.2.13 Neither Respondent nor any person or entity associated or partnering with

Respondent has been the subject of any adverse findings that may prevent

COR3 from selecting Respondent. Such adverse findings may include, but

are not limited to, the following:

i. Negative findings from a Federal Inspector General, or from the

U.S. Government Accountability Office or from an Inspector

General in another State

ii. Pending or unresolved legal action from the U.S. Attorney General

or from an attorney general in Puerto Rico or another State

iii. Pending litigation with the Government of Puerto Rico or any other

state

iv. Arson conviction or pending case

v. Harassment conviction or pending case

vi. Local, State, Federal or private mortgage arrears, default, or

foreclosure proceedings

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vii. In rem foreclosure

viii. Sale of tax lien or substantial tax wears

ix. Fair Housing violations or current litigation

x. Defaults under any Federal, state or locally-sponsored program

xi. A record of substantial building code violations or litigation against

properties owned and/or managed by Respondent or by any entity

or individual that comprises Respondent

xii. Past or pending voluntary or involuntary bankruptcy proceeding

xiii. Conviction for fraud, bribery, or grand larceny

xiv. Listing on the Federal or State excluded parties’ lists

7.3 Evaluation Methodology

Criteria for proposal evaluation are as follows:

Cover Page Pass/Fail

Transmittal Letter Pass/Fail

Firm Experience and Financial Capacity 15 points

Proposed Approach and Organization 15 points

Proposed Personnel and Experience 15 points

Inclusion of Small, Minority, and Women-

owned businesses

5 points

Local Parties 5 points

Cost Proposal (Hourly and by Deliverables) 45 points

Commitment to Complying with all applicable

Federal and Puerto Rico Law

Pass/Fail

Evidence of Insurance Pass/Fail

All proposals will first be screened for completeness and adherence to the requirements of this

RFP. COR3 will not consider substantively incomplete or non-responsive proposals. A non-

responsive proposal is a proposal that was not submitted in a timely manner, or that fails to meet

the material terms and conditions of this RFP, as determined by COR3.

COR3 alone reserves the right to waive any informality in any proposal and to accept any proposal

which it considers to be in the best interest of the public, and to reject any or all proposals. The

decision of COR3 in this regard shall be final.

The Proposals received in response to this RFP will be evaluated and ranked by a Proposal

Evaluation Committee in accordance with the process and evaluation criteria contained below.

The Evaluation Committee shall be composed of three COR3 employees appointed by COR3’s

Executive Director.

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After thoroughly reading and reviewing this RFP, each Evaluation Committee member shall

conduct his or her independent evaluation of the proposals received and grade the responses on

their merit in accordance with the evaluation criteria set forth in the following table. Point

assignments for each evaluation criterion will be at the discretion of each Evaluation Committee

member. Total point assignments from each Committee member will be added together for a total

overall score. This total score for each Respondent will determine the order of the Respondent’s

ranking.

If two or more of the top-ranking Respondents score within 10 points of each other, COR3 reserves

the right (but not the obligation) to request that those Respondents participate in an in-person or

telephone interview and/or provide additional written information. If this occurs, only those

Respondents will be under consideration for eventual contract award. Those Respondents will be

provided the opportunity to make a brief presentation based entirely upon the proposal as

submitted to COR3, and the Evaluation Committee will be able to ask questions related to their

review of the Respondent’s proposal or consistent with the intent of the RFP. Based on the results

of the interview and/or review of the additional information submitted for review, Evaluation

Committee members will each assign up to an additional 25 points to each Respondent’s score,

and the average of the score assigned by each Evaluation Committee Member for each Respondent

will be used to modify the final rankings. COR3 may award multiple contracts based on

Respondent qualifications.

COR3 will review all qualified responses to this RFP and select the proposal that is determined to

be in the best interest of the public in accordance with the intent of this RFP.

In addition, the contracts awarded by this solicitation may be used by any political subdivision of

the Government of Puerto Rico or eligible FEMA Public Assistance sub-grantee upon the consent

of COR3, the prospective political subdivision or eligible sub-grantee, and the Respondent.

Due to the exigencies related to the work required under this RFP, time is of the essence.

7.4 Firm Experience and Financial Capacity

Respondents must demonstrate experience and success in governmental affairs. Particular

consideration will be given to respondents who have knowledge and expertise in FEMA PA and

HMGP, knowledge and expertise in energy, telecommunications, water, and transportation.

Previous experience with federally funded hurricane relief programs, will be factored into

experience. Respondents that demonstrate they have the staff available to begin immediately may

be scored higher than those who need more time, or whose responses are vague. Proponent

provides documentation that demonstrate financial capacity financial to comply with all

requirements imposed by or as a result of the contract to be awarded pursuant to this RFP.

7.5 Proposed Approach and Organization

Respondents that outline a clear and straightforward approach to staffing and working with COR3

to provide expert advisory services will score higher than those that do not. Respondents shall

identify key goals and objectives, and methods for achieving high standards for the delivery of

services, in expectation of meeting or exceeding these goals. Respondents shall explain how they

28

will be organized to effectively deploy support for COR3 and clearly identify engagement manager

and different work stream leaders. In addition, Respondents shall demonstrate understanding of

the magnitude of the recovery efforts in Puerto Rico in the aftermath of Hurricanes Irma and María.

7.6 Proposed Personnel and Experience

Respondent is encouraged to ensure that the information submitted on each proposed member of

Respondent’s team clearly describe the experiences of that team member and any qualifications or

prior projects that support the person’s abilities and expertise related to the Scope of Services

presented in the RFP.

7.7 Inclusion of Local Parties

Demonstration of a strategic and meaningful integration of Local Parties will be evaluated

favorably. It is the responsibility of COR3 to encourage Respondents to engage Local Parties as

Team Members and Key Individuals to the greatest extent possible. Despite that the Scope of

Services pertains to numerous federal regulations, the services will be rendered for the benefit of

Puerto Rico, which requires clear understanding of local regulations, policy frameworks, and

infrastructure and fiscal challenges of the Island. Local Parties can significantly complement the

services of Mainland-based firms and enhance the effectiveness of Respondents in the

implementation and deployment of the required services.

Upon completion of scoring and any interviews that may be conducted, the Evaluation Committee

will prepare a Notice of Award Recommendation (or cancellation) document with the signature of

all Committee members. Once a final recommendation for the award (or cancellation) is made by

the Evaluation Committee to the Executive Director, the Executive Director can accept or

determine to cancel the RFP process, before an Agreement is signed. All Respondents shall

receive copy of the final determination.

If awarded, contracting procedure allows 10 calendar days after the award notification to Selected

Respondent to submit all documentation required for contract execution.

7.8 Cost Proposal

Proposals will be scored based on price proposal format provided in Attachment D. Additionally,

Respondents that clearly identify a plan for reducing program costs over the life of the program as

key milestones are reached and volume of activity reaches natural breaking points, and identifying

a clear plan for cost saving measures and/or efficiencies, will be scored favorably

7.9 Commitment to Complying with all Applicable Federal and Puerto Rico Laws,

Regulations, Executive Orders, and Policy

Respondents must demonstrate a commitment to complying with all applicable federal and Puerto

Rico laws, regulations, executive orders, and policy. Adherence to strong ethical and integrity

practices and unequivocal commitment to solid administrative practices is essential to COR3.

Understanding of Federal and local requirements is essential and will be highly considered.

29

Attachment A

Respondent’s Good Standing, Limited Denial of Participation (LDP)/Suspension or Debarment

Status, Legal Issues, Ownership Structures, and Conflicts

FROM:

Name of Primary Respondent:

Primary Respondent Authorized Representative:

Mailing Address:

Contact Telephone:

In addition, the Respondent discloses the Identification of Officers, Directors, and Partners of

proposing entities:

Name Position Proposing Entity Address

CERTIFICATION

The prospective primary proposer certifies to the best of its knowledge and belief, that it and its

Officers, Directors, and Partners of proposing entities:

(a) are in Good Standing with any and all Federal, State and local agencies that has or had a

contractual relationship with the Respondent or any of its Officers, Directors, and Partners of

proposing entity

a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions by any Federal, State, and local

department or agency;

30

b. have not within a three-year period preceding this proposal been convicted of or had a

civil judgement rendered against them for commission of fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (Federal, State

or local) transaction or contract under a public transaction; violation of Federal or State

antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification

or destruction of records, making false statements, or receiving stolen property;

c. are not presently indicted for or otherwise criminally or civilly charged by a

governmental entity (Federal, State or local) with commission of any of the offenses

enumerated in paragraph (1)(b) of this certification; including PR Law No. 458 of

December 29, 2000, as amended;

d. have not within a three-year period preceding this application/proposal had one or more

public transactions (Federal, State or local) terminated for cause or default.

____________________________________

Primary Respondent’s Name

____________________________________

Primary Respondent’s Authorized Representative Signature (If Corporation, Signed and Sealed)

____________________________________

Date

Where the prospective primary participant is unable to certify to any of the statements in this

certification, such prospective proposer shall attach an explanation to this proposal.

31

Attachment B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the CONTRACTOR (referred to herein as the

“prospective lower tier participant”) is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was

placed when this transaction was entered into. If it is later determined that the prospective lower

tier participant knowingly rendered an erroneous certification, in addition to other remedies

available to the Federal Government the department or agency with which this transaction

originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person

to which this proposal is submitted if at any time the prospective lower tier participant learns that

its certification was erroneous when submitted or had become erroneous by reason of changed

circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered

transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily

excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections

of rules implementing Executive Order 12549. You may contact the person to which this proposal

is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the

proposed covered transaction be entered into, it shall not knowingly enter into any lower tier

covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this

covered transaction, unless authorized by the department or agency with which this transaction

originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will

include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier

covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective

participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR

part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered

transactions, unless it knows that the certification is erroneous. A participant may decide the

method and frequency by which it determines the eligibility of its principals. Each participant

may, but is not required to, check the List of Parties Excluded from Federal Procurement and

Nonprocurement Programs.

32

8. 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 this clause. The knowledge

and information of a participant is not required to exceed that which is normally possessed by a

prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant

in a covered transaction knowingly enters into a lower tier covered transaction with a person who

is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or

voluntarily excluded from participation in this transaction, in addition to other remedies available

to the Federal Government, the department or agency with which this transaction originated may

pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AN

VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONS

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither

it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in

this certification, such prospective participant shall attach an explanation to this proposal.

CONTRACTOR Company Name RFP Number

Name

Title

Signature Date

33

Attachment C

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA FORM

The Respondent hereby acknowledges that he/she/it has received and that he/she/it has

considered in the preparation of his/her/its bids, all requirements in the following Addenda to

this Bid/Proposal/Agreement:

Addendum

Number

Date of

Addendum

Acknowledgement

□ No Addendum was received in connection with this bid/proposal/contract.

Acknowledgement:

CONTRACTOR Company Name RFP Number

Name

Title

Signature Date

IMPORTANT NOTICE: THIS FORM MUST BE COMPLETED AND SUBMITTED BY ALL

RESPONDENTS. IF NO ADDENDA ARE RECEIVED, CHECK THE “NO ADDENDUM”

BOX ABOVE AND SIGN THE ACKNOWLEDGMENT. COR3 RETAINS THE ABSOLUTE

RIGHT TO REJECT ANY PROPOSAL THAT FAILS TO INCLUDE THIS

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA FORM.

34

Attachment D

COST PROPOSAL FORM

Step 1- Complete DDD Per FEMA Project Number

Price per unit for each category of project:

Project Size3 Estimated Amount of

Projects (Monthly) Proposed Unit Cost

Small Project

Minimum Team Members must include: 1

Scope Reviewer, 1 Estimator, 1 Insurance



Reviewer

200

$__________ /per project



PA SME, 1 Scope Reviewer, 1 Estimator,

1 Insurance, 1 EHP Reviewer, 1 HMP

Reviewer

100






Reviewer

50






Reviewer

20






Reviewer

10


3 Small and large project thresholds are available here: https://www.fema.gov/public-assistance-indicator-and-project-thresholds.

35

Costs should include all inspections/re-inspections as needed, software to conduct timely and

efficient reports, safety equipment, etc.

Contractor may bill per project on this step when the Contractor makes a recommendation to COR3

and the DDD is approved by the Subrecipient.

Step 2 – Scope of Work and Cost Estimates per FEMA Project Number

Price per unit for each category of project:

Project Size Estimated Amount of

Projects (Monthly) Proposed Unit Cost

Small Project


Scope Reviewer, 1 Estimator, 1 Insurance



Reviewer

20






Reviewer

30






Reviewer

30






Reviewer

10






Reviewer

10


Contractor may bill per project on this step when the Contractor transmits Transmittal Sheet to

COR3.

36

Step 3 – Special Task Orders

Title Hourly Rate

Project Manger

Public Assistance SME

Inspector

DDD Reviewer

Scope Reviewer

Estimator

Insurance Specialist

EHP Specialist

HMP Reviewer

Scope Drafter

Fixed Cost Estimate Drafter

Architect*

Civil Engineer*

Mechanical Engineer*

Electrical Engineer*

Structural Engineer*

Archeologist

Land Surveyor*

Agronomist

Biologist**

Administrative Assistant

*Must provide at least one team member in this role licensed in Puerto Rico.

**Must have experience working in Puerto Rico.

Add as many rows as needed for relevant and related labor categories.

Traveling and Lodging Expenses

Respondents should provide an estimate of the expected needed budget for traveling and lodging

expenses. Reimbursable expenses shall be pre-authorized by COR3.

37

Attachment E

APPLICABLE FEDERAL TERMS AND PROVISIONS

2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses

Requirements under the Uniform Rules. A non-Federal entity's contracts must contain the

applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions

for non-Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. §

200.326. For some of the required clauses we have included sample language or a reference a

non-Federal entity can go to in order to find sample language. Please be aware that this is sample

language only and that the non-Federal entity alone is responsible ensuring that all language

included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200,

Appendix II. We do not include sample language for certain required clauses (remedies,

termination for cause and convenience, changes) as these must necessarily be written based on

the non-Federal entity's own procedures in that area.

1. Remedies.

a. Standard: Contracts for more than the simplified acquisition threshold ($150,000)

must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and

penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, ¶ A.

b. Applicability: This requirement applies to all FEMA grant and cooperative

agreement programs.

2. Termination for Cause and Convenience.

a. All contracts in excess of $10,000 must address termination for cause and for

convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II, ¶ B.

b. Applicability. This requirement applies to all FEMA grant and cooperative

agreement programs. 3. Equal Employment Opportunity.

a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that

meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60

1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60

1.4(b), in accordance with Executive Order 11246, Equal Employment

Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.339),

38

as amended by Executive Order 11375, Amending Executive Order 11246 Relating

to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part

60 (Office of Federal Contract Compliance Programs, Equal Employment

Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C.

b. Key Definitions.

(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any

agreement or modification thereof between any applicant and a person for

construction work which is paid for in whole or in part with funds obtained

from the Government or borrowed on the credit of the Government

pursuant to any Federal program involving a grant, contract, loan,

insurance, or guarantee, or undertaken pursuant to any Federal program

involving such grant, contract, loan, insurance, or guarantee, or any

application or modification thereof approved by the Government for a

grant, contract, loan, insurance, or guarantee under which the applicant

itself participates in the construction work.

(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines

"construction work" as the construction, rehabilitation, alteration,

conversion, extension, demolition or repair of buildings, highways, or other

changes or improvements to real property, including facilities providing

utility services. The term also includes the supervision, inspection, and

other onsite functions incidental to the actual construction.

c. Applicability. This requirement applies to all FEMA grant and cooperative

agreement programs.

d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following

contract clause:

"During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant

for employment because of race, color, religion, sex, or national origin. The

contractor will take affirmative action to ensure that applicants are

employed, and that employees are treated during employment without

regard to their race, color, religion, sex, or national origin. Such action shall

include, but not be limited to the following: Employment, upgrading,

demotion, or transfer; recruitment or recruitment advertising; layoff or

termination; rates of pay or other forms of compensation; and selection for

39

training, including apprenticeship. The contractor agrees to post in

conspicuous places, available to employees and applicants for employment,

notices to be provided setting forth the provisions of this nondiscrimination

clause.

(2) The contractor will, in all solicitations or advertisements for employees

placed by or on behalf of the contractor, state that all qualified applicants

will receive considerations for employment without regard to race, color,

religion, sex, or national origin.

(3) The contractor will send to each labor union or representative of

workers with which he has a collective bargaining agreement or other

contract or understanding, a notice to be provided advising the said labor

union or workers' representatives of the contractor's commitments under

this Section, and shall post copies of the notice in conspicuous places

available to employees and applicants for employment.

(4) The contractor will comply with all provisions of Executive Order

11246 of September 24, 1965, and of the rules, regulations, and relevant

orders of the Secretary of Labor.

(5) The contractor will furnish all information and reports required by

Executive Order 11246 of September 24, 1965, and by rules, regulations,

and orders of the Secretary of Labor, or pursuant thereto, and will permit

access to his books, records, and accounts by the administering agency and

the Secretary of Labor for purposes of investigation to ascertain

compliance with such rules, regulations, and orders.

(6) In the event of the contractor's noncompliance with the

nondiscrimination clauses of this contract or with any of the said rules,

regulations, or orders, this contract may be canceled, terminated, or

suspended in whole or in part and the contractor may be declared

ineligible for further Government contracts or federally assisted

construction contracts in accordance with procedures authorized in

Executive Order 11246 of September 24, 1965, and such other sanctions

as may be imposed and remedies invoked as provided in Executive Order

11246 of September 24, 1965, or by rule, regulation, or order of the

Secretary of Labor, or as otherwise provided by law.

(7) The contractor will include the portion of the sentence immediately

preceding paragraph (1) and the provisions of paragraphs (1) through (7) in

every subcontract or purchase order unless exempted by rules, regulations,

or orders of the Secretary of Labor issued pursuant to section 204 of

Executive Order 11246 of September 24, 1965, so that such provisions will

be binding upon each subcontractor or vendor. The contractor will take

such action with respect to any subcontract or purchase order as the

40

administering agency may direct as a means of enforcing such provisions,

including sanctions for noncompliance: Provided, however, That in the

event a contractor becomes involved in, or is threatened with, litigation with

a subcontractor or vendor as a result of such direction by the administering

agency the contractor may request the United States to enter into such

litigation to protect the interests of the United States."

4. Davis Bacon Act and Copeland Anti-Kickback Act.

a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the

emergency Management Preparedness Grant Program, Homeland Security Grant

Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant

Program, Port Security Grant Program, and Transit Security Grant Program. It

does not apply to other FEMA grant and cooperative agreement programs,

including the Public Assistance Program.

b. All prime construction contracts in excess of $2,000 awarded by non-Federal

entities must include a provision for compliance with the Davis-Bacon Act (40

U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of

Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable

to Contracts Covering Federally Financed and Assisted Construction)). See 2

C.F.R. Part 200, Appendix II, ¶ D.

c. In accordance with the statute, contractors must be required to pay wages to

laborers and mechanics at a rate not less than the prevailing wages specified in a

wage determination made by the Secretary of Labor. In addition, contractors must

be required to pay wages not less than once a week.

d. The non-Federal entity must place a copy of the current prevailing wage

determination issued by the Department of Labor in each solicitation. The decision

to award a contract or subcontract must be conditioned upon the acceptance of the

wage determination. The non-Federal entity must report all suspected or reported

violations to the Federal awarding' agency.

e. In contracts subject to the Davis-Bacon Act, the contracts must also include a

provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. §

3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3

(Contractors and Subcontractors on Public Building or Public Work Financed in

Whole or in Part by Loans or Grants from the United States). The Copeland Anti

Kickback Act provides that each contractor or subrecipient must be prohibited from

inducing, by any means, any person employed in the construction, completion, or

repair of public work, to give up any part of the compensation to which he or she is

41

otherwise entitled. The non-Federal entity must report all suspected or reported

violations to FEMA.

f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that

applies to compliance with both the Davis-Bacon and Copeland Acts. However, as

discussed in the next subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. As such, FEMA requires the following contract clause:

"Compliance with the Copeland "Anti-Kickback" Act.

(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40

U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be

applicable, which are incorporated by reference into this contract.

(2) Subcontracts. The contractor or subcontractor shall insert in any

subcontracts the clause above and such other clauses as the FEMA may by

appropriate instructions require, and also a clause requiring the

subcontractors to include these clauses in any lower tier subcontracts. The

prime contractor shall be responsible for the compliance by any

subcontractor or lower tier subcontractor with all of these contract clauses.

(3) Breach. A breach of the contract clauses above may be grounds for

termination of the contract, and for debarment as a contractor and

subcontractor as provided in 29 C.F.R. § 5.12."

5. Contract Work Hours and Safety Standards Act.

a. Applicability: This requirement applies to all FEMA grant and cooperative

agreement programs.

b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal

entity in excess of $100,000 that involve the employment of mechanics or laborers

must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as

supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R.

Part 200, Appendix II, ¶ E.

c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of

every mechanic and laborer on the basis of a standard work week of 40 hours. Work

in excess of the standard work week is permissible provided that the worker is

compensated at a rate of not less than one and a half times the basic rate of pay for

all hours worked in excess of 40 hours in the work week.

42

d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and

provide that no laborer or mechanic must be required to work in surroundings or

under working conditions which are unsanitary, hazardous or dangerous. These

requirements do not apply to the purchases of supplies or materials or articles

ordinarily available on the open market, or contracts for transportation or

transmission of intelligence.

e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause

concerning compliance with the Contract Work Hours and Safety Standards Act:

"Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting

for any part of the contract work which may require or involve the

employment of laborers or mechanics shall require or permit any such

laborer or mechanic in any workweek in which he or she is employed on

such work to work in excess of forty hours in such workweek unless such

laborer or mechanic receives compensation at a rate not less than one and

one-halftimes the basic rate of pay for all hours worked in excess of forty

hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the

event of any violation of the clause set forth in paragraph (1) of this

section the contractor and any subcontractor responsible therefor shall be

liable for the unpaid wages. In addition, such contractor and

subcontractor shall be liable to the United States (in the case of work done

under contract for the District of Columbia or a territory, to such District

or to such territory), for liquidated damages. Such liquidated damages

shall be computed with respect to each individual laborer or mechanic,

including watchmen and guards, employed in violation of the clause set

forth in paragraph (1) of this section, in the sum of $10 for each calendar

day on which such individual was required or permitted to work in excess

of the standard workweek of forty hours without payment of the overtime

wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The (write in

the name of the Federal agency or the loan or grant recipient) shall upon

its own action or upon written request .of an authorized representative of

the Department of Labor withhold or cause to be withheld, from any

moneys payable on account of work performed by the contractor or

subcontractor under any such contract or any other Federal contract with

the same prime contractor, or any other federally-assisted contract subject

to the Contract Work Hours and Safety Standards Act, which is held by the

same prime contractor, such sums as may be determined to be necessary to

satisfy any liabilities of such contractor or subcontractor for unpaid wages

http://request.of

43

and liquidated damages as provided in the clause set forth in paragraph (2)

of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any

subcontracts the clauses set forth in paragraph (1) through (4) of this

section and also a clause requiring the subcontractors to include these

clauses in any lower tier subcontracts. The prime contractor shall be

responsible for compliance by any subcontractor or lower tier

subcontractor with the clauses set forth in paragraphs (1) through (4) of

this section." 6. Rights to Inventions Made Under a Contract or Agreement.

a. Stafford Act Disaster Grants. This requirement does not apply to the Public

Assistance, Hazard Mitigation Grant Program, Fire Management Assistance

Grant Program, Crisis Counseling Assistance and Training Grant Program,

Disaster Case Management Grant Program, and Federal Assistance to Individuals

and Households - Other Needs Assistance Grant Program, as FEMA awards under

these programs do not meet the definition of "funding agreement."

b. If the FEMA award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small

business firm or nonprofit organization regarding the substitution of parties,

assignment or performance of experimental, developmental, or research work

under that "funding agreement," the non-Federal entity must comply with the

requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit

Organizations and Small Business Firms Under Government Grants, Contracts

and Cooperative Agreements), and any implementing regulations issued by

FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F.

c. The regulation at 3 7 C.F.R. § 401.2(a) currently defines "funding agreement" as

any contract, grant, or cooperative agreement entered into between any Federal

agency, other than the Tennessee Valley Authority, and any contractor for the

performance of experimental, developmental, or research work funded in whole

or in part by the Federal government. This term also includes any assignment,

substitution of parties, or subcontract of any type entered into for the performance

of experimental, developmental, or research work under a funding agreement as

defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess

of $150,000 must contain a provision that requires the contractor to agree to comply with all

applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.

§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§

1251-1387). Violations must be reported to FEMA and the Regional Office of the

Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G.

44

a. The following provides a sample contract clause concerning compliance for

contracts of amounts in excess of $150,000:

"Clean Air Act

(1) The contractor agrees to comply with all applicable standards, orders

or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.

§ 7401 et seq.

(2) The contractor agrees to report each violation to the (name of the

state agency or local or Indian tribal government) and understands and

agrees that the (name of the state agency or local or Indian tribal

government} will, in tum, report each violation as required to assure

notification to the (name of recipient), Federal Emergency Management

Agency, and the appropriate Environmental Protection Agency Regional

Office.

(3) The contractor agrees to include these requirements in each

subcontract exceeding $100,000 financed in whole or in part with Federal

assistance provided by FEMA.

Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders

or regulations issued pursuant to the Federal Water Pollution Control Act,

as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each violation to the (name of the

state agency or local or Indian tribal government) and understands and

agrees that the (name of the state agency or local or Indian tribal

government) will, in tum, report each violation as required to assure

notification to the (name of recipient), Federal Emergency

Management Agency, and the appropriate Environmental Protection

Agency Regional Office.

(3) The contractor agrees to include these requirements in each

subcontract exceeding $100,000 financed in whole or in part with Federal

assistance provided by FEMA." 8. Debarment and Suspension.


agreement programs.

45

b. Non-federal entities and contractors are subject to the debarment and suspension

regulations implementing Executive Order 12549, Debarment and Suspension

(1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R.

Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part

3000 (Nonprocurement Debarment and Suspension).

c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ I; and Chapter IV, ¶ 6.d and Appendix C, ¶ 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, ¶ 6.d and Appendix C, ¶ 2.

d. In general, an "excluded" party cannot receive a Federal grant award or a contract

within the meaning of a "covered transaction," to include subawards and

subcontracts. This includes parties that receive Federal funding indirectly, such as

contractors to recipients and subrecipients. The key to the exclusion is whether

there is a "covered transaction," which is any nonprocurement transaction (unless

excepted) at either a "primary" or "secondary" tier. Although "covered

transactions" do not include contracts awarded by the Federal Government for

purposes of the nonprocurement common rule and DHS 's implementing

regulations, it does include some contracts awarded by recipients and subrecipient.

e. Specifically, a covered transaction includes the following contracts for goods or

services:

(1) The contract is awarded by a recipient or subrecipient in the amount of

at least $25, 000.

(2) The contract requires the approval of FEMA, regardless of amount.

(2) The contract is for federally-required audit services.

(3) A subcontract is also a covered transaction if it is awarded by the

contractor of a recipient or subrecipient and requires ·either the approval of

FEMA or is in excess of $25,000.

d. The following provides a debarment and suspension clause. It incorporates an

optional method of verifying that contractors are not excluded or disqualified:

"Suspension and Debarment

http://www.sam.gov

46

(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180

and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none

of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its

affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.

§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2

C.F.R. pt. 3000, subpart C and must include a requirement to comply with

these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by

(insert name of subrecipient). If it is later determined that the contractor

did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,

subpart C, in addition to remedies available to (name of state agency

serving as recipient and name of subrecipient), the Federal Government

may pursue available remedies, including but not limited to suspension

and/ or debarment.

(4) The bidder or proposer agrees to comply with the requirements of2

C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer

is valid and throughout the period of any contract that may arise from this

offer. The bidder or proposer further agrees to include a provision

requiring such compliance in its lower tier covered transactions." 9. Byrd Anti-Lobbying Amendment.


agreement programs.

b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, ¶ J; 44 C.F.R. Part 18; Chapter IV, 6.c; Appendix C, ¶ 4.

c. Each tier certifies to the tier above that it will not and has not used Federal

appropriated funds to pay any person or organization for influencing or

attempting to influence an officer or employee of any agency, a member of

Congress, officer or employee of Congress, or an employee of a member

of Congress in connection with obtaining any Federal contract, grant or

any other award covered by 31 U.S.C. § 1352. Each tier must also disclose

any lobbying with non-Federal funds that takes place in connection with

obtaining any Federal award. Such disclosures are forwarded from tier to

tier up to the non-Federal award. See Chapter IV, ¶ 6.c and Appendix C, ¶

4.

d. The following provides a Byrd Anti-Lobbying contract clause:

47

"Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required

certification. Each tier certifies to the tier above that it will not and has not used Federal

appropriated funds to pay any person or organization for influencing or attempting to

influence an officer or employee of any agency, a member of Congress, officer or

employee of Congress, or an employee of a member of Congress in connection with

obtaining any Federal contract, grant, or any other award covered by

31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds

that takes place in connection with obtaining any Federal award. Such disclosures are

forwarded from tier to tier up to the recipient."

APPENDIX A, 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted with each bid or offer exceeding $100,000)

The undersigned [Contractor] certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of

the undersigned, to any person for influencing or attempting to influence an officer or

employee of an agency, a Member of Congress, an officer or employee of Congress,

or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the

entering into of any cooperative agreement, and the extension, continuation, renewal,

amendment, or modification of any Federal contract, grant, loan, or cooperative

agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to

any person for influencing or attempting to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or an employee

of a Member of Congress in connection with this Federal contract, grant, loan, or

cooperative agreement, the undersigned shall complete and.submit Standard Form

LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants,

and contracts under grants, loans, and cooperative agreements) and that all

subrecipients shall certify and disclose accordingly.

48

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a

prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352

(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file

the required certification shall be subject to a civil penalty of not less than $10,000 and

not more than $100,000 for each such failure.

The Contractor, _____________, certifies or affirms the truthfulness and accuracy of

each statement of its certification and disclosure, if any. In addition, the Contractor

understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this

certification and disclosure, if any.

___________________________________

Signature of Contractor's Authorized Official

____________________________________

Name and Title of Contractor's Authorized Official

________________

Date" 10. Procurement of Recovered Materials.


agreement programs.

b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ K; 2 C.F.R. § 200.322; Chapter V, ¶ 7.

c. The requirements of Section 6002 include procuring only items designated in

guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of

recovered materials practicable, consistent with maintaining a satisfactory level of

competition, where the purchase price of the item exceeds $10,000 or the value of

the quantity acquired by the preceding fiscal year exceeded $10,000; procuring

solid waste management services in a manner that maximizes energy and resource

recovery; and establishing an affirmative procurement program for procurement of

recovered materials identified in the EPA guidelines.

49

d. The following provides the clause that a state agency or agency of a political

subdivision of a state and its contractors can include in contracts meeting the

above contract thresholds:

"(1) In the performance of this contract, the Contractor shall make

maximum use of products containing recovered materials that are EPA

designated items unless the product cannot be acquired

(i) Competitively within a timeframe providing for compliance

with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) Information about this requirement is available at EPA's

Comprehensive Procurement Guidelines web site,

http://www.epa.gov/cpg/. The list of EPA-designate items is available at

http://www.epa.gov/cpg/products.htm. "

11. Additional FEMA Requirements.

a. The Uniform Rules authorize FEMA to require additional provisions for non

Federal entity contracts. FEMA, pursuant to this authority, requires or

recommends the following:

b. Changes.

To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or

cooperative agreement, the cost of the change, modification, change order, or

constructive change must be allowable, allocable, within the scope of its grant or

cooperative agreement, and reasonable for the completion of project scope. FEMA

recommends, therefore, that a non-Federal entity include a changes clause in its

contract that describes how, if at all, changes can be made by either party to alter the

method, price, or schedule of the work without breaching the contract. The language

of the clause may differ depending on the nature of the contract and the end-item

procured.

c. Access to Records.

All non-Federal entities must place into their contracts a provision that all contractors

and their successors, transferees, assignees, and subcontractors acknowledge and

agree to comply with applicable provisions governing Department and FEMA access

http://www.epa.gov/cpg/

http://www.epa.gov/cpg/products.htm.%20%22

50

to records, accounts, documents, information, facilities, and staff. See DRS Standard

Terms and Conditions, v 3.0, ¶ XXVI (2013).

d. The following provides a contract clause regarding access to records:

"Access to Records. The following access to records requirements apply to this

contract:

(1) The contractor agrees to provide (insert name of state agency or local

or Indian tribal government), (insert name of recipient), the FEMA

Administrator, the Comptroller General of the United States, or any of

their authorized representatives access to any books, documents, papers,

and records of the Contractor which are directly pertinent to this contract

for the purposes of making audits, examinations, excerpts, and

transcriptions.

(2) The Contractor agrees to permit any of the foregoing parties to

reproduce by any means whatsoever or to copy excerpts and transcriptions

as reasonably needed.

(3) The contractor agrees to provide the FEMA Administrator or his

authorized representatives access to construction or other work sites

pertaining to the work being completed under the contract."

12. DHS Seal, Logo, and Flags.

a. All non-Federal entities must place in their contracts a provision that a contractor

shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, if XXV (2013).

b. The following provides a contract clause regarding DHS Seal, Logo, and Flags:

"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of

flags or likenesses of DHS agency officials without specific FEMA pre

approval."

13. Compliance with Federal Law, Regulations, and Executive Orders.

a. All non-Federal entities must place into their contracts an acknowledgement that

FEMA financial assistance will be used to fund the contract along with the

requirement that the contractor will comply with all applicable federal law,

regulations, executive orders, and FEMA policies, procedures, and directives.

51

b. The following provides a contract clause regarding Compliance with Federal

Law, Regulations, and Executive Orders: "This is an acknowledgement that

FEMA financial assistance will be used to fund the contract only. The contractor

will comply will all applicable federal law, regulations, executive orders, FEMA

policies, procedures, and directives."

14. No Obligation by Federal Government.

a. The non-Federal entity must include a provision in its contract that states that the

Federal Government is not a party to the contract and is not subject to any

obligations or liabilities to the non-Federal entity, contractor, or any other party

pertaining to any matter resulting from the contract.

b. The following provides a contract clause regarding no obligation by the Federal

Government: "The Federal Government is not a party to this contract and is not

subject to any obligations or liabilities to the non-Federal entity, contractor, or any

other party pertaining to any matter resulting from the contract."

15. Program Fraud and False or Fraudulent Statements or Related Acts.

a. The non-Federal entity must include a provision in its contract that the contractor

acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False

Claims and Statements) applies to its actions pertaining to the contract.

b. The following provides a contract clause regarding Fraud and False or Fraudulent

or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38

(Administrative Remedies for False Claims and Statements) applies to the

contractor's actions pertaining to this contract”.

HUD GENERAL PROVISIONS

General Provisions:

1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

Each and every provision of law and clause required by law to be inserted in this contract shall

be deemed to be inserted herein and the contract shall be read and enforced as though it were

included herein, and if through mistake or otherwise any such provision is not inserted, or is not

correctly inserted, then upon the application of either party the contract shall forthwith be

physically amended to make such insertion or correction.

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2. STATUTORY AND REGULATORY COMPLIANCE

Contractor shall comply with all laws and regulations applicable to the Community

Development Block Grant-Disaster Recovery funds appropriated by the Disaster Relief

Appropriations Act, 2013 (Pub. L. 113-2), including but not limited to the applicable Office of

Management and Budget Circulars, which may impact the administration of funds and/or set

forth certain cost principles, including the allowability of certain expenses.

3. BREACH OF CONTRACT TERMS

The Agency reserves its right to all administrative, contractual, or legal remedies, including but

not limited to suspension or termination of this contract, in instances where the Contractor or

any of its subcontractors violate or breach any contract term. If the Contractor or any of its

subcontractors violate or breach any contract term, they shall be subject to such sanctions and

penalties as may be appropriate. The duties and obligations imposed by the contract documents

and the rights and remedies available thereunder shall be in addition to and not a limitation of

any duties, obligations, rights and remedies otherwise imposed or available by law.

4. REPORTING REQUIREMENTS

The Contractor shall complete and submit all reports, in such form and according to such

schedule, as may be required by the Agency. The Contractor shall cooperate with all Puerto Rico

efforts to comply with HUD requirements and regulations pertaining to reporting, including but

not limited to 24 C.F.R. §§ 85.40-41 (or 84.50-52, if applicable) and 570.507.

5. ACCESS TO RECORDS

The Agency, the U.S. Department of Housing and Urban Development, the Comptroller General

of the United States, or any of their duly authorized representatives, shall have, at any time and

from time to time during normal business hours, access to any work product, books, documents,

papers, and records of the Contractor which are related to this contract, for the purpose of

inspection, audits, examinations, and making excerpts, copies and transcriptions.

6. MAINTENANCE/RETENTION OF RECORDS

53

All records connected with this contract will be maintained in a central location and will be

maintained for a period of at least four (4) years following the date of final payment and close-out

of all pending matters related to this contract.

7. SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISES, AND

LABOR SURPLUS AREA FIRMS

The Contractor will take necessary affirmative steps to assure that minority firms, women’s

business enterprises, and labor surplus area firms are used in subcontracting when possible.

Steps include:

i. Placing qualified small and minority businesses and women’s business enterprises on

solicitation lists;

ii. Assuring that small and minority businesses, and women’s business enterprises are

solicited whenever they are potential sources;

iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities

to permit maximum participation by small and minority business, and women’s business

enterprises;

iv. Establishing delivery schedules, where the requirement permits, which encourage

participation by small and minority business, and women’s business enterprises; and

v. Using the services and assistance of the Small Business Administration, and the Minority

Business Development Agency of the Department of Commerce.

Additionally, for contracts of $10,000 or more, the Contractor shall file Form HUD 2516

(Contract and Subcontract Activity) with the Agency on a quarterly basis. A copy of that form

is available at http://www.hud.gov/offices/adm/hudclips/forms/files/2516.pdf.

8. RIGHTS TO INVESTIONS MADE UNDER A CONTRACT OR AGREEMENT

Contracts or agreements for the performance of experimental, developmental, or research work

shall provide for the rights of the Federal Government and the recipient in any resulting invention

in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations

and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,”

and any implementing regulations issued by HUD

http://www.hud.gov/offices/adm/hudclips/forms/files/2516.pdf

54

9. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

The Contractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964. No

person shall, on the grounds of race, color, or national origin, be excluded from participation in,

be denied the benefits of, or be subjected to discrimination under any program or activity

receiving federal financial assistance.

10. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF

1974

The Contractor shall comply with the provisions of Section 109 of the Housing and Community

Development Act of 1974. No person in the United States shall on the grounds of race, color,

national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected

to discrimination under any program or activity funded in whole or in part with funds made

available under this title. Section 109 further provides that discrimination on the basis of age

under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped

individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited.

11. SECTION 504 OF THE REHABILITATION ACT OF 1973

The Contractor shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §

794), as amended, and any applicable regulations.

The Contractor agrees that no qualified individual with handicaps shall, solely on the basis of

handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected

to discrimination under any program or activity that receives Federal financial assistance from

HUD.

12. AGE DISCRIMINATION ACT OF 1975

The Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et

seq.), as amended, and any applicable regulations. No person in the United States shall, on the

basis of age, be excluded from participation in, be denied the benefits of, or be subjected to

discrimination under, any program or activity receiving Federal financial assistance.

55

13. DEBARMENT, SUSPENSION, AND INELIGIBILITY

The Contractor represents and warrants that it and its subcontractors are not debarred or

suspended or otherwise excluded from or ineligible for participation in Federal assistance

programs subject to 2 C.F.R. part 2424.

14. CONFLICTS OF INTEREST

The Contractor shall notify the Agency as soon as possible if this contract or any aspect related

to the anticipated work under this contract raises an actual or potential conflict of interest (as

defined at 2 C.F.R. Part 215 and 24 C.F.R. § 85.36 (2013) (or 84.42 (2013), if applicable)). The

Contractor shall explain the actual or potential conflict in writing in sufficient detail so that the

Agency is able to assess such actual or potential conflict. The Contractor shall provide the

Agency any additional information necessary for the Agency to fully assess and address such

actual or potential conflict of interest. The Contractor shall accept any reasonable conflict

mitigation strategy employed by the Agency, including but not limited to the use of an

independent subcontractor(s) to perform the portion of work that gives rise to the actual or

potential conflict.

15. SUBCONTRACTING

When subcontracting, the Contractor shall solicit for and contract with such subcontractors in a

manner providing for fair competition. Some of the situations considered to be restrictive of

competition include but are not limited to:

i. Placing unreasonable requirements on firms in order for them to qualify to do business,

ii. Requiring unnecessary experience and excessive bonding,

iii. Noncompetitive pricing practices between firms or between affiliated companies,

iv. Noncompetitive awards to consultants that are on retainer contracts,

v. Organizational conflicts of interest,

vi. Specifying only a brand name product instead of allowing an equal product to be

offered and describing the performance of other relevant requirements of the

procurement, and

vii. Any arbitrary action in the procurement process.

56

The Contractor represents to the Government of Puerto Rico that all work shall be performed by

personnel experienced in the appropriate and applicable profession and areas of expertise, taking

into account the nature of the work to be performed under this contract.

The Contractor will include these HUD General Provisions in every subcontract issued by it so

that such provisions will be binding upon each of its subcontractors as well as the requirement

to flow down such terms to all lower-tiered subcontractors.

16. ASSIGNABILITY

The Contractor shall not assign any interest in this contract, and shall not transfer any interest in

the same (whether by assignment or novation) without prior written approval of the Government

of Puerto Rico.

17. INDEMNIFICATION

The Contractor shall indemnify, defend, and hold harmless the Government of Puerto Rico and

its agents and employees from and against any and all claims, actions, suits, charges, and

judgments arising from or related to the negligence or willful misconduct of the Contractor in the

performance of the services called for in this contract.

18. COPELAND “ANTI-KICKBACK” ACT (Applicable to all construction or repair

contracts)

Salaries of personnel performing work under this contract shall be paid unconditionally and not

less often than once a month without payroll deduction or rebate on any account except only

such payroll deductions as are mandatory by law or permitted by the applicable regulations

issued by the Secretary of Labor pursuant to the Copeland “Anti-Kickback Act” of June 13,

1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 874; and Title 40 U.S.C. § 276c).

The Contractor shall comply with all applicable “Anti-Kickback” regulations and shall insert

appropriate provisions in all subcontracts covering work under this contract to ensure

compliance by subcontractors with such regulations, and shall be responsible for the submission

of affidavits required of subcontractors thereunder except as the Secretary of Labor may

specifically provide for variations of or exemptions from the requirements thereof.

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19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

(Applicable to construction contracts exceeding $2,000 and contracts exceeding $2,500 that

involve the employment of mechanics or laborers)

The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety

Standards Act (40 U.S.C. §§ 327-330) as supplemented by Department of Labor regulations (29

C.F.R. part 5).

All laborers and mechanics employed by contractors or subcontractors shall receive overtime

compensation in accordance with and subject to the provisions of the Contract Work Hours and

Safety Standards Act, and the contractors and subcontractors shall comply with all regulations

issued pursuant to that act and with other applicable Federal laws and regulations pertaining to

labor standards.

20. DAVIS-BACON ACT

(Applicable to construction contracts exceeding $2,000 when required by Federal program

legislation)

The Contractor shall comply with the Davis Bacon Act (40 U.S.C. §§ 276a to 276a-7) as

supplemented by Department of Labor regulations (29 C.F.R. part 5).

All laborers and mechanics employed by contractors or subcontractors, including employees of

other governments, on construction work assisted under this contract, and subject to the

provisions of the federal acts and regulations listed in this paragraph, shall be paid wages at rates

not less than those prevailing on similar construction in the locality as determined by the

Secretary of Labor in accordance with the Davis-Bacon Act.

On a semi-annual basis, the Contractor shall submit Form HUD 4710 (Semi-Annual labor

Standards Enforcement Report) to the Agency. A fillable version of that form is available at

http://www.hud.gov/offices/adm/hudclips/forms/hud4.cfm.

21. TERMINATION FOR CAUSE (Applicable to contracts exceeding $10,000)

http://www.hud.gov/offices/adm/hudclips/forms/hud4.cfm

58

If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his

obligations under this contract, or if the Contractor shall violate any of the covenants,

agreements, or stipulations of this contract, the Government of Puerto Rico shall thereupon have

the right to terminate this contract by giving written notice to the Contractor of such termination

and specifying the effective date thereof, at least five (5) days before the effective date of such

termination. In such event, all finished or unfinished documents, data, studies, surveys,

drawings, maps, models, photographs, and reports prepared by the Contractor under this contract

shall, at the option of the Government of Puerto Rico, become the Government of Puerto Rico’s

property and the Contractor shall be entitled to receive just and equitable compensation for any

work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be

relieved of liability to the Government of Puerto Rico for damages sustained by the Government

of Puerto Rico by virtue of any breach of the contract by the Contractor, and the Government of

Puerto Rico may withhold any payments to the Contractor for the purpose of set-off until such

time as the exact amount of damages due to the Government of Puerto Rico from the Contractor

is determined.

22. TERMINATION FOR CONVENIENCE (Applicable to contracts exceeding $10,000)

The Government of Puerto Rico may terminate this contract at any time by giving at least ten

(10) days’ notice in writing to the Contractor. If the contract is terminated by the Government of

Puerto Rico as provided herein, the Contractor will be paid for the time provided and expenses

incurred up to the termination date.

23. SECTION 503 OF THE REHABILITATION ACT OF 1973 (Applicable to contracts

exceeding $10,000)

The Contractor shall comply with section 503 of the Rehabilitation Act of 1973 (29 U.S.C. §

793), as amended, and any applicable regulations. Equal Opportunity for Workers With

Disabilities

1) The Contractor will not discriminate against any employee or applicant for employment

because of physical or mental disability in regard to any position for which the employee or

applicant for employment is qualified. The Contractor agrees to take affirmative action to

employ, advance in employment and otherwise treat qualified individuals with disabilities

without discrimination based on their physical or mental disability in all employment

practices, including the following:

a) Recruitment, advertising, and job application procedures;

59

b) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination,

right of return from layoff and rehiring;

c) Rates of pay or any other form of compensation and changes in compensation;

d) Job assignments, job classifications, organizational structures, position descriptions,

lines of progression, and seniority lists;

e) Leaves of absence, sick leave, or any other leave;

f) Fringe benefits available by virtue of employment, whether or not administered by the

contractor;

g) Selection and financial support for training, including apprenticeship, professional

meetings, conferences, and other related activities, and selection for leaves of absence to

pursue training;

h) Activities sponsored by the contractor including social or recreational programs; and

i) Any other term, condition, or privilege of employment.

2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the

Secretary of Labor issued pursuant to the act.

3) In the event of the Contractor’s noncompliance with the requirements of this clause, actions

for noncompliance may be taken in accordance with the rules, regulations, and relevant

orders of the Secretary of Labor issued pursuant to the act.

4) The Contractor agrees to post in conspicuous places, available to employees and applicants

for employment, notices in a form to be prescribed by the Deputy Assistant Secretary for

Federal Contract Compliance Programs, provided by or through the contracting officer. Such

notices shall state the rights of applicants and employees as well as the Contractor’s

obligation under the law to take affirmative action to employ and advance in employment

qualified employees and applicants with disabilities. The Contractor must ensure that

applicants and employees with disabilities are informed of the contents of the notice (e.g.,

the Contractor may have the notice read to a visually disabled individual, or may lower the

posted notice so that it might be read by a person in a wheelchair).

5) The Contractor will notify each labor organization or representative of workers with which

it has a collective bargaining agreement or other contract understanding, that the Contractor

is bound by the terms of section 503 of the Rehabilitation Act of 1973, as amended, and is

committed to take affirmative action to employ and advance in employment individuals with

physical or mental disabilities.

6) The Contractor will include the provisions of this clause in every subcontract or purchase

order in excess of $10,000, unless exempted by the rules, regulations, or orders of the

Secretary issued pursuant to section 503 of the act, as amended, so that such provisions will

be binding upon each subcontractor or vendor. The Contractor will take such action with

respect to any subcontract or purchase order as the Deputy Assistant Secretary for Federal

Contract Compliance Programs may direct to enforce such provisions, including action for

noncompliance.

24. EXECUTIVE ORDER 11246

60

(Applicable to construction contracts and subcontracts exceeding $10,000)

The Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled

“Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967,

and as supplemented in Department of Labor regulations (41 CFR chapter 60).

During the performance of this contract, the Contractor agrees as follows:

1) The Contractor shall not discriminate against any employee or applicant for employment

because of race, color, religion, sex, or national origin. The Contractor shall take affirmative

action to ensure that applicants for employment are employed, and that employees are treated

during employment, without regard to their race, color, religion, sex, or national origin. Such

action shall include, but not be limited to, the following: employment, upgrading, demotion,

or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other

forms of compensation; and selection for training, including apprenticeship.

2) The Contractor shall post in conspicuous places, available to employees and applicants for

employment, notices to be provided by Contracting Officer setting forth the provisions of

this non-discrimination clause. The Contractor shall state that all qualified applicants will

receive consideration for employment without regard to race, color, religion, sex, or national

origin.

3) The Contractor will, in all solicitations or advertisements for employees placed by or on

behalf of the contractor, state that all qualified applicants will receive consideration for

employment without regard to race, color, religion, sex or national origin.

4) The Contractor will send to each labor union or representative of workers with which he has

a collective bargaining agreement or other contract or understanding, a notice, to be provided

by the agency contracting officer, advising the labor union or workers representative of the

contractor’s commitments under Section 202 of Executive Order 11246 of September 24,

1965, and shall post copies of the notice in conspicuous places available to employees and

applicants for employment.

5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,

1965, and of the rules, regulations and relevant orders of the Secretary of Labor.

6) The Contractor will furnish all information and reports required by Executive Order 11246

of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor,

or pursuant thereto, and will permit access to books, records and accounts by the contracting

agency and the Secretary of Labor for purposes of investigation to ascertain compliance with

such rules, regulations and orders.

7) In the event of the Contractor’s non-compliance with the non-discrimination clause of this

contract or with any of such rules, regulations or orders, this contract may be cancelled,

terminated or suspended in whole or in part and the contractor may be declared ineligible

for further government contracts in accordance with procedures authorized in Executive

Order 11246 and such other sanctions as may be imposed and remedies invoked as provided

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in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the

Secretary of Labor, or as otherwise provided by law.

8) Contractor shall incorporate the provisions of A through G above in every subcontract or

purchase order unless exempted by rules, regulations or orders of the Secretary of Labor so

that such provisions shall be binding on such subcontractor. The Contractor will take such

action with respect to any subcontract or purchase order as the contracting agency may direct

as a means of enforcing such provisions including sanctions for non-compliance, provided,

however, that in the event the contractor becomes involved in, or is threatened with, litigation

with a subcontractor or vendor as a result of such direction by the contracting agency, the

Contractor may request the United States to enter into such litigation to protect the interests

of the United States.

25. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to construction

contracts exceeding $10,000)

The Contractor certifies that it does not maintain or provide for its establishments, and that it

does not permit employees to perform their services at any location, under its control, where

segregated facilities are maintained. It certifies further that it will not maintain or provide for

employees any segregated facilities at any of its establishments, and it will not permit employees

to perform their services at any location under its control where segregated

facilities are maintained. The Contractor agrees that a breach of this certification is a violation of

the equal opportunity clause of this contract.

As used in this certification, the term “segregated facilities” means any waiting rooms, work

areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms,

and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment

areas, transportation and housing facilities provided for employees which are segregated by

explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin

because of habit, local custom, or any other reason.

The Contractor further agrees that (except where it has obtained for specific time periods) it will

obtain identical certification from proposed subcontractors prior to the award of subcontracts

exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause;

that it will retain such certifications in its files; and that it will forward the preceding notice to

such proposed subcontractors (except where proposed subcontractors have submitted identical

certifications for specific time periods).

26. CERTIFICATION OF COMPLIANCE WITH CLEAN AIR AND WATER ACTS

(Applicable to contracts exceeding $100,000)

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The Contractor and all subcontractors shall comply with the requirements of the Clean Air Act,

as amended, 42 U.S.C. § 1857 et seq., the Federal Water Pollution Control Act, as amended,

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U.S.C. § 1251 et seq., and the regulations of the Environmental Protection Agency with respect

thereto, at 40 C.F.R. Part 15 and 32, as amended, Section 508 of the Clean Water Act (33 U.S.C.

§ 1368) and Executive Order 11738.

In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall

furnish to the owner, the following:

1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the

performance of any nonexempt contract or subcontract, is not listed on the Excluded Party

Listing System pursuant to 40 C.F.R. 32 or on the List of Violating Facilities issued by the

Environmental Protection Agency (EPA) pursuant to 40 C.F.R. Part 15, as amended.

2) Agreement by the Contractor to comply with all the requirements of Section 114 of the

Clean Air Act, as amended, (42 U.S.C. § 1857 c-8) and Section 308 of the Federal Water

Pollution Control Act, as amended, (33 U.S.C. § 1318) relating to inspection, monitoring,

entry, reports and information, as well as all other requirements specified in said Section 114

and Section 308, and all regulations and guidelines issued thereunder.

3) A stipulation that as a condition for the award of the contract, prompt notice will be given

of any notification received from the Director, Office of Federal Activities, EPA, indicating

that a facility utilized, or to be utilized for the contract, is under consideration to be listed on

the Excluded Party Listing System or the EPA List of Violating Facilities.

4) Agreement by the Contractor that he will include, or cause to be included, the criteria and

requirements in paragraph (A)through (D) of this section in every nonexempt subcontract

and requiring that the Contractor will take such action as the government may direct as a

means of enforcing such provisions.

27. LOBBYING (Applicable to contracts exceeding $100,000)

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

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

Contractor, to any person for influencing or attempting to influence an officer or employee

of an agency, a Member of Congress, an officer or employee of Congress, or an employee

of a Member of Congress in connection with the awarding of any Federal contract, the

making of any Federal grant, the making of any Federal loan, the entering into of any

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cooperative agreement, and the extension, continuation, renewal, amendment, or

modification of any Federal contract, grant, loan, or cooperative agreement.

2) If any funds other than Federal appropriated funds have been paid or will be paid to any person

for influencing or attempting to influence an officer or employee of any agency, a Member

of Congress, an officer or employee of Congress, or an employee of a Member of Congress

in connection with this Federal contract, grant, loan, or cooperative agreement, the

Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report

Lobbying,” in accordance with its instructions.

3) The Contractor shall require that the language of this certification be included in the award

documents for all subawards at all tiers (including subcontracts, subgrants, and contracts

under grants, loans, and cooperative agreements) and that all subrecipients shall certify and

disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making

or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000

and not more than $100,000 for each such failure.

28. BONDING REQUIREMENTS

(Applicable to construction and facility improvement contracts exceeding $100,000)

The Contractor shall comply with Puerto Rico bonding requirements, unless they have not been

approved by HUD, in which case the Contractor shall comply with the following minimum

bonding requirements:

1) A proposal guarantee from each proposal equivalent to five percent of the proposal price.

The “proposal guarantee” shall consist of a firm commitment such as a proposal bond,

certified check, or other negotiable instrument accompanying a proposal as assurance that the

Proponent will, upon acceptance of his proposal, execute such contractual documents as may

be required within the time specified.

2) A performance bond on the part of the Contractor for 100 percent of the contract price. A

“performance bond” is one executed in connection with a contract to secure fulfillment of

all the Contractor’s obligations under such contract.

3) A payment bond on the part of the Contractor for 100 percent of the contract price. A “payment

bond” is one executed in connection with a contract to assure payment as required by law of

all persons supplying labor and material in the execution of the work provided for in the

contract.

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29. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (As

required by applicable thresholds)

1) The work to be performed under this contract is subject to the requirements of section

3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u

(section 3). The purpose of section 3 is to ensure that employment and other economic

opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,

shall, to the greatest extent feasible, be directed to low- and very low-income persons,

particularly persons who are recipients of HUD assistance for housing.

2) The parties to this contract agree to comply with HUD’s regulations in 24 C.F.R. part 135,

which implement section 3. As evidenced by their execution of this contract, the parties to

this contract certify that they are under no contractual or other impediment that would prevent

them from complying with the part 135 regulations.

3) The Contractor agrees to send to each labor organization or representative of workers with

which the Contractor has a collective bargaining agreement or other understanding, if any,

a notice advising the labor organization or workers’ representative of the Contractor’s

commitments under this section 3 clause, and will post copies of the notice in conspicuous

places at the work site where both employees and applicants for training and employment

positions can see the notice. The notice shall describe the section 3 preference, shall set forth

minimum number and job titles subject to hire, availability of apprenticeship and training

positions, the qualifications for each; and the name and location of the person(s) taking

applications for each of the positions; and the anticipated date the work shall begin.

4) The Contractor agrees to include this section 3 clause in every subcontract subject to

compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as

provided in an applicable provision of the subcontract or in this section 3 clause, upon a

finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The

Contractor will not subcontract with any subcontractor where the Contractor has notice or

knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R.

part 135.

5) The Contractor will certify that any vacant employment positions, including training

positions, that are filled: (1) after the Contractor is selected but before the contract is

executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part

135 require employment opportunities to be directed, were not filled to circumvent the

Contractor’s obligations under 24 C.F.R. part 135.

6) Noncompliance with HUD’s regulations in 24 C.F.R. part 135 may result in sanctions,

termination of this contract for default, and debarment or suspension from future HUD

assisted contracts.

7) With respect to work performed in connection with section 3 covered Indian housing

assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act

(25U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b)

requires that to the greatest extent feasible: (i) preference and opportunities for training and

employment shall be given to Indians, and (ii) preference in the award of contracts and

subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree

to comply with section 3 to the maximum extent feasible, but not in derogation of

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compliance with section 7(b).

8) For contracts exceeding $100,000, the Contractor shall submit Form HUD 60002 (Section 3

Summary Report) to the Agency on a quarterly basis, notwithstanding the annual reporting

requirement set forth in that form’s instructions.

30. FAIR HOUSING ACT

Contractor shall comply with the provisions of the Fair Housing Act of 1968 as amended. The

act prohibits discrimination in the sale or rental of housing, the financing of housing or the

provision of brokerage services against any person on the basis of race, color, religion, sex,

national origin, handicap or familial status. The Equal Opportunity in Housing Act prohibits

discrimination against individuals on the basis of race, color, religion, sex or national origin in

the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of

housing assisted with Federal funds.

REQUEST FOR PROPOSALS FOR DISASTER RECOVERY PROJECT ...

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