Carpet Removal & Tile Flooring Replacement - High Rise & Common Areas

HOUSING AUTHORITY OF THE CITY OF NEW BRITAIN

SMALL PURCHASE SOLICITATION (3-QUOTE BID)

CARPET REMOVAL AND TILE FLOORING REPLACEMENT - HIGH RISE
COMMON AREAS

Solicitation No.: 2026-05-FLOOR

Issue Date: 4/29/26

Quotes received through: May 6, 2026

Time: 3:00 pm

Submission Method:

Submit quotes via email or sealed envelope to:

New Britain Housing Authority

16 Armistice Street

New Britain, CT 06053

Email: jhamilton@nbhact.org, ygadson@nbhact.ors, dwhitman(@nbhact.org

PROJECT OVERVIEW

The New Britain Housing Authority (NBHA) is seeking three (3) written quotes from qualified
contractors to perform carpet removal and installation of new tile flooring in the common areas
of NBHA high-rise buildings.

This work is intended to improve durability, safety, and cleanliness of high-traffic areas

including:
Hallways
Lobbies
Community spaces
e Entryways
Elevator corridors

SCOPE OF WORK
The contractor shall provide all labor, materials, equipment, tools, supervision, and disposal
necessary to complete the work in a professional and workmanlike manner. All workers on
NBHA properties must comply with all NBHA and HUD regulations while onsite. Services to be
conducted at:

Kennedy Apartments - 300 East Main Street, New Britain

Ribicoff Apartments - 67 Martin Luther King Drive, New Britain
Graham Apartments - 107 Martin Luther King Drive, New Britain
D'Amato Apartments - 40 Chestnut St, New Britain

1. REMOVAL OF EXISTING MATERIALS
The contractor shall:
Remove existing carpet, padding, adhesives, and fasteners
Remove cove base where applicable
Remove transition strips and edge guards
+ Properly prepare all areas for new flooring

Consistent with similar housing authority flooring scopes, all underlying materials must be
removed completely prior to installation.

2. FLOOR PREPARATION

The contractor shall:

Clean and prepare all subfloor surfaces

Patch, level, and repair surfaces as needed

Ensure surfaces are smooth and suitable for installation

.
.
degrees
Vacuum and remove debris prior to installation

3. INSTALLATION OF TILE FLOORING
The contractor shall furnish and install:
Vinyl Composition Tile (VCT) or Equivalent
* Size: 12" x 12" (or approved equivalent as selected by NBHA)
Thickness: Minimum 1/8 inch
Color: To be selected by NBHA
Material must meet applicable ASTM and safety standards
Installation shall include:
Proper layout and alignment
Adhesive application per manufacturer specifications
Seam alignment and finish
Installation of edge guards and transitions where required
All installation must comply with manufacturer specifications and industry standards, consistent
with requirements outlined in similar solicitations.

4, INSTALLATION OF COVE BASE AND TRANSITIONS
The contractor shall:

Furnish and install new cove base

Install transitions at doorways and material changes

Ensure proper adhesion and finish

5. DEBRIS REMOVAL AND DISPOSAL
The contractor shall:

Remove all debris generated from the work

+ Transport and dispose of materials off-site

No materials shall be placed in NBHA dumpsters, consistent with standard requirements
All disposal must comply with local, state (CT DEEP), and federal regulations.

6. CLEANING AND FINAL CONDITION

The contractor shall:
Clean all work areas daily
Leave all areas in a clean, safe, and usable condition
Ensure no debris, dust, or hazards remain

7. WORK CONDITIONS AND COORDINATION
Work will take place in occupied high-rise buildings

+ Contractor must coordinate with NBHA staff
Maintain safe access for residents at all times
Work hours may be limited to standard business hours unless otherwise approved

8. COMPLETION TIME
Work shall be completed as agreed
Contractor must provide schedule upon award

PRICING REQUIREMENTS
Bidders must provide:
Required Pricing
Cost per square foot for tile installation
Cost per square foot for carpet removal
Cost for floor preparation (if separate)
Cost for cove base installation (per linear foot)
Lump sum total (if applicable)
*Pricing must include all labor, materials, equipment, and disposal
*Pricing structure is consistent with industry practice of unit-based flooring costs .

SITE VISIT (OPTIONAL BUT ENCOURAGED)
Contractors may request a walkthrough to:

Review existing conditions

Verify measurements

Assess scope
Contact NBHA to schedule.

QUALIFICATIONS
Contractors must:
Have at least 3 years of flooring installation experience
Provide references for similar work
+ Be properly licensed and insured
Demonstrate ability to work in occupied residential buildings

EVALUATION CRITERIA
Award will be based on:
Price
Experience and qualifications
Responsiveness and completeness
Ability to meet schedule
NBHA will select the lowest responsive and responsible quote.

INSURANCE REQUIREMENTS

Contractor must provide:
Workers' Compensation (CT compliant)
General Liability ($1M minimum)
Auto Liability ($1M minimum)

NBHA must be named as Additional Insured.

TERMS AND CONDITIONS
NBHA reserves the right to reject any or all quotes
NBHA may request clarification or additional information
+ No work shall begin without a Purchase Order or Notice to Proceed
Payment will be made after inspection and approval

QUOTE FORM

Total Lump Sum Price: $.
Cost per SF (Tile Installation): $,
Cost per SF (Carpet Removal): $.
Cost per LF (Cove Base): $.

Company Name:

Authorized Signature:

Print Name:

Address:
Phone:
Email:

FINAL NOTE

This solicitation is intended to obtain competitive pricing from at least three qualified vendors in
accordance with NBHA procurement policy for small purchases, while ensuring:

*Quality installation

*Durable materials

*Minimal disruption to residents

*Compliance with applicable standards

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

Representations, Certifications,
and Other Statements of Bidders

Public and Indian Housing Programs

form HUD-5369-A (11/92)

Previous edition is obsolete

Representations, Certifications,
and Other Statements of Bidders
Public and Indian Housing Programs

Table of Contents

Clause Page
1. Certificate of Independent Price Determination 1
2. Contingent Fee Representation and Agreement 1

3. Certification and Disclosure Regarding Payments

to Influence Certain Federal Transactions. 1
4. Organizational Conflicts of Interest Certification 2
5. Bidder's Certification of Eligibility 2
6. Minimum Bid Acceptance Period 2
7. Small, Minority, Women-Owned Business Concern

Representation
8. Indian-Owned Economic Enterprise and Indian

Organization Representation 2
9. Certification of Eligibility Under the Davis-Bacon Act 3
10. Certification of Nonsegregated Facilities 3
11. Clean Air and Water Certification 3
42. Previous Participation Certificate 3
13. Bidder's Signature 3

4. Certificate of independent Price Determination
(a) The bidder certifies that-

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

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

(3) No attempt has been made or will be made by the bidder to
induce any other concern to submit or not to submit a bid for the
purpose of restricting competition.

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

(1) Is the person in the bidder's organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(!) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the

following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(}) through (a)(3) above.
[insert
full name of person(s) in the bidder's organization responsible for
determining the prices offered in this bid or proposal, and the title of
his or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principals
named in subdivision (b)(2)(i) above have not participated, and will
not participate, in any action contrary to subparagraphs (a)(1)
through (a)(3) above; and

(iii) As an agent, has not personally participated, and will
not participate in any action contrary to subparagraphs (a)(1)
through (a)(3) above.
(c) If the bidder deletes or modifies subparagraph (a)2 above, the
bidder must furnish with its bid a signed statement setting forth in
detail the circumstances of the disclosure.
[.} [Contracting Officer check if following paragraph is applicable)
(d) Non-collusive affidavit. {applicable to contracts for construction
and equipment exceeding $50,000)

(1) Each bidder shall execute, in the form provided by the PHA/
THA, an affidavit to the effect that he/she has not colluded with any
other person, firm or corporation in regard to any bid submitted in
response to this solicitation. If the successful bidder did not submit
the affidavit with his/her bid, he/she must submit it within three (3)
working days of bid opening. Failure to submit the affidavit by that
date may render the bid nonresponsive. No contract award will be
made without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ]is, [ ] is not
included with the bid.

2. Contingent Fee Representation and Agreement
(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidder
and subject to the bidder's supervision and control as to time, place,
and manner of performance, who neither exerts, nor proposes to
exert improper influence to solicit or obtain contracts nor holds out
as being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tends
to induce a PHA/IHA employee or officer to give consideration or to
act regarding a PHA/IHA contract on any basis other than the merits
of the matter.

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

(1) [ ] has, [ ] has not employed or retained any person or
company to solicit or obtain this contract; and

(2) [] has, [ ] has not paid or agreed to pay to any person or
company employed or retained to solicit or obtain this contract any
commission, percentage, brokerage, or other fee contingent upon or
resulting from the award of this contract.

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

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

3. Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions (applicable to
contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of

title 31, United States Code, are hereby incorporated by reference

in paragraph (b) of this certification.

form HUD-5369-A (11/92)

Previous edition is obsolete

Paget of3

(b) The bidder, by signing its bid, hereby certifies to the best of his
or her knowledge and belief as of December 23, 1989 that:

(1) No Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with the awarding of a contract
resulting from this solicitation;

(2) Ifany funds other than Federal appropriated funds (includ-
ing profit or fee received under a covered Federal transaction) have
been paid, or will be paid, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress on his or her behalf in connection with this
solicitation, the bidder shall complete and submit, with its bid, OMB
standard form LLL, "Disclosure of Lobbying Activities;" and

(3) He or she will include the language of this certification in all
subcontracts at any tier and require that all recipients of subcontract
awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352,
title 31, United States Code. Any person who makes an expenditure
prohibited under this provision or who fails to file or amend the
disclosure form to be filed or amended by this provision, shall be
subject to a civil penalty of not less than $10,000, and not more than
$100,000, for each such failure.

(d) Indian tribes (except those chartered by States) and Indian
organizations as defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450B) are exempt
from the requirements of this provision.

4. Organizational Conflicts of Interest Certification
The bidder certifies that to the best of its knowledge and belief and
except as otherwise disclosed, he or she does not have any
organizational conflict of interest which is defined as a situation in
which the nature of work to be performed under this proposed
contract and the bidder's organizational, financial, contractual, or
other interests may, without some restriction on future activities:
(a) Result in an unfair competitive advantage to the bidder; or,
(b) impair the bidder's objectivity in performing the contract work.
[.] Inthe absence of any actual or apparent: conflict, [hereby certify
that to the best of my knowledge and belief, no actual or apparent
conflict of interest exists with regard to my possible performance of
this procurement.

5. Bidder's Certification of Eligibility

(a) By the submission of this bid, the bidder certifies that to the best
of its knowledge and belief, neither it, nor any person or firm which
has an interest in the bidder's firm, nor any of the bidder's: subcon-
tractors, is ineligible to:

(1) Be awarded contracts by any agency of the United States
Government, HUD, or the State in which this contract is to be
performed; or,

(2) Participate in HUD programs pursuant to 24 CFR Part 24.
{b) The certification in paragraph (a) above is a material represen-
tation of fact upon which reliance was placed when making award.
If it is later determined that the bidder knowingly rendered an
erroneous certification, the contract may be terminated for default,
and the bidder may be debarred or suspended from participation in
HUD programs and other Federal contract programs.

6. Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means the
number of calendar days available to the PHA/IHA for awarding a
contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the
acceptance period that may appear elsewhere in this solicitation.
(c) The PHA/IHA requires a minimum acceptance period of
[Contracting Officer insert time period] calendar days.

(d) In the space provided immediately below, bidders may specify
a longer acceptance period than the PHA's/IHA's minimum require-
ment. The bidder allows the following acceptance period:
calendar days.

{e) A bid allowing less than the PHA's/IHA's minimum acceptance
period will be rejected.

{f) The bidder agrees to execute all that it has undertaken to do, in
compliance with its bid, if that bid is accepted in writing within (1) the
acceptance period stated in paragraph (c) above or (2) any longer
acceptance period stated in paragraph (d) above.

7. Small, Minority, Women-Owned Business Concern
Representation

The bidder represents and certifies as part of its bid/ offer that it --

(a) [ lis, { ] is not a small business concern. "Smail business
concern," as used in this provision, means a concern, including its
affiliates, that is independently owned and operated, not dominant
in the field of operation in which itis bidding, and qualified as a small
business under the criteria and size standards in 13 CFR 121.

(b) [ Jis, [ ]isnot awomen-owned business enterprise. "Women-
owned business enterprise," as used in this provision, means a
business that is at least 51 percent owned by a woman or women
who are U.S. citizens and who also control and operate the business.
(c) { jis. [ Jisnot a minority business enterprise. "Minority
business enterprise," as used in this provision, means a business
which is at least 51 percent owned or controlled by one or more
minority group members or, in the case of a publicly owned business,
at least 51 percent of its voting stock is owned by one or more
minority group members, and whose management and daily opera-
tions are controlled by one or more such individuals. For the purpose
of this definition, minority group members are:

(Check the block applicable to you)

{ ] Black Americans [ ] Asian Pacific Americans
[ ] Hispanic Americans [.] Asian Indian Americans

[ ] Native Americans [J Hasidic Jewish Americans

8. Indian-Owned Economic Enterprise and Indian
Organization Representation (applicable only if this
solicitation is for a contract to be performed on a project foran
Indian Housing Authority)

The bidder represents and certifies that it:

(a) [ is, { Jisnot an Indian-owned economic enterprise.

"Economic enterprise," as used in this provision, means any com-

mercial, industrial, or business activity established or organized for

the purpose of profit, which is at least 51 percent Indian owned.

"Indian," as used in this provision, means any person who is a

member of any tribe, band, group, pueblo, or community which is

recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs and any "Native" as defined in the Alaska

Native Claims Settlement Act.

(b) ( Jis, [ ]is not an Indian organization. "Indian organization,"

as used in this provision, means the governing body of any Indian

tribe or entity established or recognized by such governing body.

Indian "tribe" means any Indian tribe, band, group, pueblo, or

Previous edition Is obsolete Page 2 of 3 form HUD-5369-A (11/92)

community including Native villages and Native groups (including
corporations organized by Kenai, Juneau, Sitka, and Kodiak) as
defined in the Alaska Native Claims Settlement Act, which is
recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs.

9. Certification of Eligibility Under the Davis-Bacon
Act (applicable to construction contracts exceeding $2,000)

(a) By the submission of this bid, the bidder certifies that neither it
nor any person or firm who has an interest in the bidder's firm isa
person or firm ineligible to be awarded contracts by the United States
Government by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(aX\1).

(b) No part of the contract resulting from this solicitation shall be
subcontracted to any person or firm ineligible to be awarded
contracts by the United States Government by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.
S. Criminal Code, 18 U.S.C. 1001.

10. Certification of Nonsegregated Facilities (applicable
to contracts exceeding $10,000)

(a) The bidder's attention is called to the clause entitied Equal
Employment Opportunity of the General Conditions of the Con-
tract for Construction.
(b) "Segregated facilities," as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants
and other eating areas, time clocks, locker rooms and other storage
'or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided
for employees, that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.
(c) By the submission of this bid, the bidder certifies that it does not
and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location under
its control where segregated facilities are maintained. The bidder
agrees that a breach of this certification is a violation of the Equal
Employment Opportunity clause in the contract.
(d) The bidder further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific
time periods) prior to entering into subcontracts which exceed
$10,000 and are not exempt from the requirements of the Equal
Employment Opportunity clause, it will:

(1) Obtain identical certifications from the proposed subcon-
tractors;

(2) Retain the certifications in its files; and
(3) Forward the following notice to the proposed subcontrac-

tors (except if the proposed subcontractors have submitted identical
certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for
Certifications of Nonsegregated Facilities

ACertification of Nonsegregated Facilities must be submitted before
the award of a subcontract exceeding $10,000 which is not exempt
from the provisions of the Equal Employment Opportunity clause of
the prime contract. The certification may be submitted either for
each subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).

Note: The penalty for making false statements in bids is prescribed
in 18 U.S.C. 1001.

41. Clean Air and Water Certification (applicable to con-
tracts exceeding $100,000)

The bidder certifies that:

(a) Any facility to be used in the performance of this contract [ ]
is, [ ]is not listed on the Environmental Protection Agency List of
Violating Facilities:

(b) The bidder will immediately notify the PHA/IHA Contracting
Officer, before award, of the receipt of any communication from the
Administrator, or a designee, of the Environmental Protection
Agency, indicating that any facility that the bidder proposes to use
for the performance of the contract is under consideration to be
listed on the EPA List of Violating Facilities; and,

(c) The bidder will include a certification substantially the same as
this certification, including this paragraph (c), in every nonexempt
subcontract.

12. Previous Participation Certificate (applicable to
construction and equipment contracts exceeding $50,000)

(a) The bidder shall complete and submit with his/her bid the Form
HUD-2530, "Previous Participation Certificate." If the successful
bidder does not submit the certificate with his/her bid, he/she must
submit it within three (3) working days of bid opening. Failure to
submit the certificate by that date may render the bid nonresponsive.
No contract award will be made without a properly executed certifi-
cate.

(b) A fully executed "Previous Participation Certificate"

{ Jis, [ ]is not included with the bid.

13. Bidder's Signature

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

(Signature and Date)

(Typed or Printed Name)

fitey

(Company Name)

(Company Address)

AID

Previous edition is obsolete

Page 30f3

form HUD-5369-A (11/92)

General Conditions for Non-Construction

Contracts
Section | - (With or without Maintenance Work)

U.S. Department of Housing and Urban
Development

Office of Public and Indian Housing

Office of Labor Relations

OMB Approval No. 2577-0157 (exp. 1/01/2014)

Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.
20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0167), Washington, D.C. 20503, Do not send this

completed form to either of these addressees.

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

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

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

3) Maintenance contracts (including nonroutine
maintenance), greater than $100,000 - use Sections |
and Il.

Section | - Clauses for All Non-Construction Contracts greater
than $100,000

1.

The following definitions are applicable to this contract:

(a) "Authority or Housing Authority (HA)" means the

Housing Authority.

(b) "Contract" means the contract entered into between the
Authority and the Contractor. It includes the contract form,
the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
Order, or other modification.

"Contractor" means the person or other entity entering into
the contract with the Authority to perform all of the work
required under the contract.

"Day" means calendar days, unless otherwise stated,
"HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and
the officers and employees of the United States
Department of Housing and Urban Development acting for
and on behalf of the Secretary.

()

(a)
)

2. Changes

(a) The HA may at any time, by written order, and without
notice to the sureties, if any, make changes within the
general scope of this contract in the services to be
performed or supplies to be delivered.

If any such change causes an increase or decrease in the
hourly rate, the not-to-exceed amount of the contract, or
the time required for performance of any part of the work
under this contract, whether or not changed by the order,
or otherwise affects the conditions of this contract, the HA
shall make an equitable adjustment in the not-to-exceed
amount, the hourly rate, the delivery schedule, or other
affected terms, and shall modify the contract accordingly.
The Contractor must assert its right to an equitable
adjustment under this clause within 30 days from the date
of receipt of the written order. However, if the HA decides
that the facts justify it, the HA may receive and act upon a

(b)

(c)

Section |- Page 1 of 6

{d)

(e)

proposal submitted before final payment of the contract.
Failure to agree to any adjustment shall be a dispute under
clause Disputes, herein. However, nothing in this clause
shail excuse the Contractor from proceeding with the
contract as changed.

No services for which an additional cost or fee will be
charged by the Contractor shall be furnished without the
prior written consent of the HA.

Termination for Convenience and Default

(a)

(b)

((C))

@)

(e)

The HA may terminate this contract in whole, or from time
to time in part, for the HA's convenience or the failure of
the Contractor to fulfill the contract obligations (default).
The HA shall terminate by delivering to the Contractor a
written Notice of Termination specifying the nature, extent,
and effective date of the ter tion. Upon receipt of the
notice, the Contractor shall: (i) immediately discontinue all
services affected (unless the notice directs otherwise); and
(ii) deliver to the HA all information, reports, papers, and
other materials accumulated or generated in performing
this contract, whether completed or in process.

If the termination is for the convenience of the HA, the HA
shall be able only for payment for services rendered
before the effective date of the termination.

If the termination is due to the failure of the Contractor to
fulfil its obligations under the contract (default), the HA
may (i) require the Contractor to deliver to it, in the manner
and to the extent directed by the HA, any work as
described in subparagraph (a)(ii) above, and compensation
be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute
the same to completion by contract or otherwise, and the
Contractor shall be liable for any additional cost incurred by
the HA; (iii) withhold any payments to the Contractor, for
the purpose of off-set or partial payment, as the case may
be, of amounts owed to the HA by the Contractor.

If, after termination for failure to fulfill contract obligations
(default), it is determined that the Contractor had not failed,
the termination shall be deemed to have been effected for
the convenience of the HA, and the Contractor shall been
titled to payment as described in paragraph (b) above.

Any disputes with regard to this clause are expressly made
subject to the terms of clause titled Disputes herein.

Examination and Retention of Contractor's Records

(a)

'The HA, HUD, or Comptroller General of the United States,
or any of their duly authorized representatives shall, until 3
years after final payment under this contract, have access
to and the right to examine any of the Contractor's directly
pertinent books, documents, papers, or other records
involving transactions related to this contract for the
purpose of making audit, examination, excerpts, and
transcriptions.

form HUD-8370-C (10/2006)

pS

7%.

(b) The Contractor agrees to include in first-tier subcontracts
under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause,
excludes purchase orders not exceeding $10,000.

The periods of access and examination in paragraphs (a)
and (b) above for records relating to:

(i) appeals under the clause titled Disputes;

(i) litigation or settlement of claims arising from the
performance of this contract; or,

(iii) costs and expenses of this contract to which the HA,
HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims,
or exceptions.

{c)

Rights in Data (Ownership and Proprietary Interest)

The HA shall have exclusive ownership of, all proprietary
interest in, and the right to full and exclusive possession of all
information, materials and documents discovered or produced
by Contractor pursuant to the terms of this Contract, including
but not limited to reports, memoranda or letters concerning the
research and reporting tasks of this Contract.

Energy Efficiency

The contractor shall comply with all mandatory standards and
policies relating to energy efficiency which are contained in the
energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub.L. 94-163) for the State in
which the work under this contract is performed.

Disputes

(a) Alldisputes arising under or relating to this contract, except
for disputes arising under clauses contained in Section til,
Lal rds Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
clause.

All claims by the Contractor shall be made in writing and
submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA.
The HA shall, with reasonable promptness, but in no event
in no more than 60 days, render a decision concerning any
claim hereunder. Unless the Contractor, within 30 days
after receipt of the HA's decision, shalll notify the HA in
writing that it takes exception to such decision, the decision
shall be final and conclusive.

Provided the Contractor has (i) given the notice within the
time stated in paragraph (c) above, and (ii) excepted its
claim relating to such decision from the final release, and
(ii) brought suit against the HA not later than one year after
receipt of final payment, or if final payment has not been
made, not later than one year after the Contractor has had
a reasonable time to respond to a written request by the
HA that it submit a final voucher and release, whichever is
earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
merits by a court of competent jurisdiction.

The Contractor shall proceed diligently with performance of
this contract, pending final resolution of any request for
relief, claim, appeal, or action arising under the contract,
and comply with any decision of the HA.

(b)

(c)

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Contract Termination; Debarment

Section | - Page 2 of

10.

11

12.

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

Assignment of Contract

The Contractor shall not assign or transfer any interest in this
contract; except that claims for monies due or to become due
from the HA under the contract may be assigned to a bank,
trust company, or other financial institution. If the Contractor is a
partnership, this contract shall inure to the benefit of the
surviving or remaining member(s) of such partnership approved
by the HA.

Certificate and Release

Prior to final payment under this contract, or prior to settlement
upon termination of this contract, and as a condition precedent
thereto, the Contractor shall execute and deliver to the HA a
certificate and release, in a form acceptable to the HA, of all
claims against the HA by the Contractor under and by virtue of
this contract, other than such claims, if any, as may be
specifically excepted by the Contractor in stated amounts set
forth therein.

Organizational Conflicts of Interest

(a) The Contractor warrants that to the best of its knowledge
and belief and except as otherwise disclosed, it does not
have any organizational conflict of interest which is defined
as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that:
() Award of the contract may result in an unfair
competitive advantag
(i) The Contractor's objecti
work may be impaired.
The Contractor agrees that if after award it discovers an
organizational conflict of interest with respect to this
contract or any task/delivery order under the contract, he or
she shall make an immediate and full disclosure in writing
to the Contracting Officer which shall include a description
of the action which the Contractor has taken or intends to
take to eliminate or neutralize the conflict. The HA may,
however, terminate the contract or task/delivery order for
the convenience of the HA if it would be in the best interest
of the HA.
{n the event the Contractor was aware of an organizational
conflict of interest before the award of this contract and
intentionally did not disclose the conflict to the Contracting
Officer, the HA may terminate the contract for default.
The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work
to be performed is similar to the service provided by the
prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest.

ity in performing the contract

(b)

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Inspection and Acceptance

(a) The HA has the right to review, require correction, if
necessary, and accept the work products produced by the
Contractor, Such review(s) shall be carried out within 30
days so as to not impede the work of the Contractor. Any

Form HUD-5370-C (10/2006)