Loren Data's SAM Daily™

FBO DAILY ISSUE OF MARCH 14, 2009 FBO #2665
SOLICITATION NOTICE

R -- Boston MA -Public Facility Loan Trust Audit Services

Notice Date

3/12/2009
 

Notice Type

Modification/Amendment
 

NAICS

541211 — Offices of Certified Public Accountants
 

Contracting Office

Department of Housing and Urban Development, OCPO, Office of Support Operations, Office of Support Operations, NO, 451 7th Street S.W., Washington, District of Columbia, 20410, United States
 

ZIP Code

20410
 

Solicitation Number

R-OPC-23424
 

Archive Date

4/4/2009
 

Point of Contact

Diane Toledo-Gaskins,, Phone: 2024024140
 

E-Mail Address

diane.e.toledo-gaskins@hud.gov
 

Small Business Set-Aside

N/A
 

Description

________________________________________ Place of Performance - Boston, MA Contracting Office Address U.S. Department of Housing and Urban Development (HUD), Office of the Chief Procurement Office, Room 5256, Attn: Diane Toledo-Gaskins, 451 7th St. SW, Washington, DC 20410 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, in conjunction with FAR 5.203 as supplemented with additional information included in this notice. This acquisition is being conducted under Simplified Acquisitions Procedures in accordance with FAR part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation R-OPC-23424 is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-26. We invite your firm to submit a proposal to us by 12 pm on March 20, 2009, for consideration. The North American Industry Classification (NAICS) code is 541211. Only qualified offerors should submit proposals. The solicitation pricing on www.FedBizOpps.gov will start on the date this solicitation is posted and will end on 2009-03-20, 12:00:00 Eastern Time, or as otherwise displayed at www.FedBizOpps.gov. Place of performance is: U.S. Bank, 1 Federal St., Boston, MA, 02110. Period of Performance: Three months. Working papers information from the previous audit is available for background information. CONTENTS 1.0 Statement of work. 1.1 General Description 1.2 Background 1.3 Objective 1.4 Scope 2.0 Your Response to This Request For Proposal; 3.0 Evaluation of Proposals; 4.0 Mailing Address & Contact Information Regarding RFP. 1.0 STATEMENT OF WORK 1.1 General Description The U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) was informed by U.S. Bank that HUD is entitled to funds from the Public Facility Loan Trust Account. U.S. Bank informed HUD that it was entitled to receive approximately $45 million, although that estimate has since changed. In September 2006, U.S. Bank engaged Denlin Associates, Inc. to perform an audit covering the period 8/30/88 through 9/30/06. HUD needs to confirm the accuracy and thoroughness of these funds by hiring an independent accounting firm to review the books, records and to determine the amount due and owing to the government at this time. We also need to determine the current balance based on activity since 9/30/06 as well as an analysis on the 88 issues of bearer Bonds representing the underlying loans held by the Trust. 1.2 Background Congress established the Public Facilities Loan Program (PFLP) in 1955 to provide low-interest financial assistance to small municipalities in the construction of public works such as water, sewer, hospital and other public facilities. The PFLP was terminated in 1975 but projects in process at the time were permitted to be funded at the time they came to fruition. In January 1987, HUD offered a loan repurchase program applicable to the PFLP loans (the "1987 Loan Repurchase Program) under which borrowers that were current in their loan payments were given the opportunity to repurchase such loans in full and at discounts from their outstanding balances on or before May 29, 1987. HUD realized gross receipts of approximately $8.4 million from 52 borrowers having an aggregate outstanding principal balance of approximately $9.9 million. The 1987 Loan Repurchase Program ended on May 29, 1987 and no similar program subsequently has occurred or presently is contemplated. No loan has any prepayment thereof pending. HUD was directed by OMB (by letter dated March 21, 1988) to sell loans from its portfolio of PFLP loans (the "Portfolio") in fiscal year 1988, in order to meet Federal outlay reduction targets and certain Federal credit management goals. On August 29, 1998, HUD sold 1,196 loans with an aggregate outstanding principal balance of approximately $271,950,000 to the Public Facility Loan Trust (the "Trust") for a purchase price equal to $174,663,564, which represented net proceeds from the sale of the loans equal to $172,762,791 plus accrued interest of $1,900,773, and certificates evidencing ownership of the two classes of beneficial interests in the net assets of the Trust. The Trust issued four classes of sequential pay bonds on August 29, 1988, with an aggregate par value of $235,958,000 on that date, using the loans as collateral. The Trust is a closed-end, diversified management investment company organized in order to engage solely in the activities of issuing Bonds and certificates, acquiring the collateral and certain related transactions. Shawmut Bank, N.A. was trustee (the "Owner Trustee") on behalf of the Trust. The Trust was organized as a special purpose business trust under the laws of the Commonwealth of Massachusetts pursuant to a declaration of trust (the "Declaration of Trust") executed and filed by the Owner Trustee with the Commonwealth of Massachusetts on July 8, 1988. 1.3 Objective To conduct an Audit for the purpose of determining the amount of money now due to the government. Specifically identify each transaction (including identifying the payor/payee and type of transaction). Fully describe the PFLT accounts and their relationship to HUD along with confirming amounts from the beginning of the Trust accounts to present day. Reflect the excess or shortage by period and the accumulated total of such. Isolate the cause of any excesses and shortages relative to the dividend payment periods. Also, analyze the existence of 88 issues of municipal bearer Bonds representing the underlying loans held by the Trust. Provide a thorough breakdown of the bearer Bonds value from its inception until present day. Upon completion of the Audit a workbook containing the findings must be created. The workbook must contain all of the transactions as well as the auditor's analysis. Any problems or discrepancies must be identified along with a recommended action or disposition. 1.4 Scope The scope of services for this action is limited to providing CPD assistance with respect to the funding required to hire an outside accounting firm for conducting the necessary Audit of the Public Facility Loan Trust Account. The auditor is required to provide HUD with access to all books, accounts, records, reports, files, etc. pertaining to their receipt and use of HUD's funds. These provisions also apply to any sub-recipient of the funds, including contractors and subcontractors. The actual scope of services will cover the administrative and program controls and activities of the auditing firm, their contracted administrative agents or sub-recipients, or ultimate beneficiaries of the funds. The Audit must include a review of the laws that established the PFLT and why the program was terminated. A thorough examination of the audit conducted by Denlin Associates, Inc. on September 2006 must be conducted. In addition to covering the period reviewed by Denlin's audit, a further breakdown of the period covering the date of that audit to the present. 2.0 In order to be considered for this solicitation, your proposal must include the following information: a. Request for Proposal (RFP) Number. b. Time and date specified for receipt of offers. c. Name, address and telephone number of offeror. d. Pricing for the proposal. e. Delivery timeframe. f. A complete copy of the representative and certification as outlined in FAR 52.212-3. g. Prospective offerors must be registered in the Central Contractor Registration (CCR) database. Information regarding the CCR requirements may be obtained at www.ccr.gov or calling 1-888-227-2423. h. Expiration of date. i. Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt shall not be considered. 1. Proposals should be limited to not more than 15 single sided pages of text based on an 8.5 by 11 inch paper, double spaced, using Times New Roman 12 font. 3.0 In order for the Government to determine your organization's capabilities, please review the enclosed Statement of Work (SOW) and provide your responses to the following items below in the form of separate technical and cost proposals (i.e. labor categories, number of hours, any proposed subcontractors and consultants.). Technical Proposal must include the following: a. Proposed methodology for accomplishing the tasks discussed in the SOW; b. Your firm's qualifications to perform the requirement as delineated in the SOW; c. The name(s) of the individual(s) that will service as Key Personnel for the project and their relevant experience (resumes should be included in your proposal); d. Identification of any proposed subcontractors or consultants (including a description of their responsibilities and past working relationships); Your Cost Proposal should include a cost breakdown by each identified task in the SOW. It is anticipated that a firm fixed price will be awarded. However, the Government reserves the right to award the type of contract most appropriate based upon the results of any negotiations. Below are factors which will determine your eligibility for this solicitation. Criteria are written in order of importance and have approximate equal importance to cost or price. As prescribed in FAR 15, the best value continuum and tradeoff process "may be used in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror". Technical Experience/Knowledge on Similar Projects 1. Knowledge and experience in working directly with federal agencies and performing audits or tasks similar in nature to this requirement. 2. Description of how the work will be performed, which consist of auditing the books and records of a complex trust and be performed and the types of database systems and any other tools/techniques/etc. used to accomplish this task. Qualifications of Key Personnel 1. Description of the background, qualifications, and experience of the key personnel and staffing mix that is needed to accomplish this task and the availability of the key personnel. Past Performance on Similar Projects 1. References of past performance on similar projects that includes a description of: (a) The quality of the product of service; (b) Cost Control - the ability to stay within budget; (c) Timeliness of performance; (d) Business relations including responsiveness to the client Price Price will be a factor for this award. Place of Performance The audit services contract will be performed in Boston, MA. The offeror must be located within a commuting distance of 1 Federal St, Boston, MA 02110, of 45 miles or less. 3.0 Points of Contact For information regarding details of audit accounts to prepare your proposal, please contact: U.S. Bank Attn: David W. Doucette 1 Federal St. Boston, MA 02110 (617) 603- 6788 HUD Point of Contact: U.S. Department of Housing and Urban Development Attn: Diane Toledo-Gaskins, Contract Specialist 451 7th St. S.W. Washington, DC 20410 Phone (202) 402- 4140 Proposals must be submitted electronically to Diane.E.Toledo-Gaskins@hud.gov. SAP PROVISIONS AND CLAUSES FOR THE PURCHASE OF SERVICES AND SUPPLIES OVER $3,000 To indicate the applicability of certain optional provisions/clauses, check the adjacent boxes SOLICITATION PROVISIONS 52.204-8 Annual Representations and Certifications (Jan 2006) (a) a) (1) The North American Industry classification System (NAICS) code for this acquisition is ____________ [insert NAICS code]. (2) The small business size standard is ____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronicallyat this/these addresses: Federal Acquisition Regulations Clauses and Provisions: http://www.arnet.gov/far/ U.S. Dept. of HUD Regulations Clauses and Provisions: http://www.hud.gov/offices/cpo/hudar.cfm [ ] 52.217-5 Evaluation of Options (JUL 1990) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) PURCHASE ORDER GENERAL CLAUSES FAR 52.204-7 Central Contractor Registration (JUL 2006) (a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government. “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. “Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. “Registered in the CCR database” means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process. (b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to: (A) Change the name in the CCR database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. 52.213-4 -- Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items). (MAR 2007) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).(vi) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Mar 2007). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965, As Amended (Jul 2005) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wade Island, or the outer continental shelf lands). (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use within the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.) (ix) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (x) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xi) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241). Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sep 1989) (Applies to fixed-price supplies). (iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): ___________________________________________________________________ ___________________________________________________________________ [Insert one or more Internet addresses]= http://farsite.hill.af.mil/vffara.htm (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights -- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide theGovernment, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. 2452.203-70 Prohibition Against the Use of Federal Employees (FEB 2006) 2452.209 72 Organizational Conflicts of Interest (APR 1984) 2452.222-70 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (JUL 1988) [ ] 2452.239-71 Information Technology Virus Security (FEB 2006) (a) The contractor hereby agrees to make every reasonable effort to deliver information technology products to HUD free of known computer viruses. The contractor shall be responsible for examining all such products prior to their delivery to HUD using software tools and processes capable of detecting all known viruses. (b) The contractor shall include the following statement on deliveries of hardware, software, and data products, including diskettes, made under this contract: [product description, part/catalog number, other identifier, and serial number, if any] This product has been scanned for known viruses using [name of virus-screening product, including version number, if any] and is certified to be free of known viruses at the time of delivery." (c) The Contracting Officer may assess monetary damages against the contractor sufficient to compensate HUD for actual or estimated costs resulting from computer virus damage or malicious destruction of computer information arising from the contractor's failure to take adequate precautions to preclude delivery of virus-containing products in the delivery of hardware, software, or data on diskettes under this contract. (d) This clause shall not limit the rights of the government under any other clause of this contract. 52.219-6 Notice of Total Small Business Set-Aside (Jun 2003) SPECIFIC SUPPLY CLAUSES [ ] 52.213 2 Invoices. (APR 1984) 52.243 1 Changes Fixed Price. (AUG 1987) SPECIFIC SERVICE CLAUSES [ ] 2452.237 70 Key personnel (FEB 2006) a) Definition. "Personnel" means employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities. (b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Key personnel shall perform as follows: [List Key Personnel and/or positions, and tasks, percentage of effort, number of hours, etc., for which they are responsible, as applicable.] 2452.237-73 Conduct Of Work And Technical Guidance (OCT 1999) (a) The Government Technical Representative (GTR) for liaison with the Contractor as to the conduct of work is _______________________[insert name] or a successor designated by the Contracting Officer. The Contracting Officer will notify the contractor in writing of any change to the current GTR's status or the designation of a successor GTR. (b) The GTR will provide guidance to the contractor on the technical performance of the contract. Such guidance shall not be of a nature which: (1) Causes the Contractor to perform work outside the scope of the contract; (2) Constitutes a change as defined in FAR 52.243-1; (3) Causes an increase or decrease in the cost of the contract; (4) Alters the period of performance or delivery dates; or, (5) Changes any of the other express terms or conditions of the contract. (c) The GTR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five calendar days after oral issuance. The GTR may issue such guidance via telephone facsimile or electronic mail. [ ] 52.222 42 Statement of Equivalent Rates for Federal Hires (MAY 1989)....this clause identifies the classes of services employees expected to be employed under the contract and states the wage and fringe benefits payable to each if they were employed by the contracting agency..... This Statement is for Information Only. It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits Employee Class Monetary Wage-Fringe Benefits ________________ ____________________________ ___________________ _____________________________ ________________ ____________________________ ___________________ _____________________________ [ ] 52.222 43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts). (NOV 2006) 52.243-1 Changes-Fixed Price Alternate I (APR 1984)
 

Web Link

FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=c90fe816c4b151077f90579fcab8100e&tab=core&_cview=1)
 

Place of Performance

Address: US Bank, 1 Federal Street, Boston, Massachusetts, 02110, United States

Zip Code: 02110
 

Record

SN01767640-W 20090314/090312215159-c90fe816c4b151077f90579fcab8100e (fbodaily.com)
 

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