COMPLETE REHABILITATION FOR 802 MCWILLIAMS LAS VEGAS, NV
| Agency: | Nevada Government eMarketplace (NGEM) |
|---|---|
| State: | Nevada |
| Type of Government: | State & Local |
| Category: |
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| Posted: | Mar 19, 2024 |
| Due: | Apr 25, 2024 |
| Solicitation No: | Q24008 |
| Publication URL: | To access bid details, please log in. |
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Bid Information
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Contact Information
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Bid Attachments
| File Name | Description | File Size | ||||
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Attachment A Form of Proposal Checklist Cvr.pdf |
Bid Submission and Format Checklist Form | 79 KB | ||||
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Atachment B Forms.pdf |
Disclosure of Ownership Form and W9 Request for Taxpayers Identification | 1.65 MB | ||||
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5369 Instruction to Bidders.PDF |
Attachment C - 5369 Instruction to Bidders.PDF | 44 KB | ||||
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5369-A Representation, Certification Statement of Bidders.PDF |
Attachment C - 5369-A Representation, Certification Statement of Bidders.PDF | 19 KB | ||||
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5370 General Conditions for Construction Contracts.pdf |
Attachment C - 5370 General Conditions for Construction Contracts.pdf | 1.83 MB | ||||
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51000 11302023 fill.pdf |
Attachment C - HUD Form 51000, Schedule of Amounts of Contract Payments | 110 KB | ||||
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HUD Bulletin 90-23.pdf |
Attachment C - HUD Bulletin 90-23 | 159 KB | ||||
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Drugfree_Workplace_Form.pdf |
Attachment C - Drugfree_Workplace_Form.pdf | 49 KB | ||||
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Non_Collusive_Affidavit_Form.pdf |
Attachment C - Non_Collusive_Affidavit_Form.pdf
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54 KB | ||||
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Sample_Construction_Contract_DB_S3_Applicable.pdf |
Attachment C - Sample_Construction_Contract_DB_S3_Applicable.pdf
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228 KB | ||||
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Attachment D Forms.pdf |
SNRHA’s Section 3 Clause and Contractor Initial Response Form | 1002 KB | ||||
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Attachment G Forms.pdf |
Additional Clauses | 8.40 MB | ||||
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Division 1 Total Specs.pdf |
Division 1 Total Specs.pdf
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401 KB | ||||
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DAVIS BACON 2-28-24.pdf |
Davis Bacon 2/28/2024 | 1.44 MB | ||||
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RFQ 24008 802 McWilliams REVISED.pdf |
RFQ 24008 802 McWilliams | 9.57 MB | ||||
Attachment Preview
U.S. Department of Housing and
Urban Development
Office of Public and Indian Housing
Instructions to Bidders for Contracts
Public and Indian Housing Programs
Previous edition is obsolete
form HUD-5369 (10/2002)
Instructions to Bidders for Contracts
Public and Indian Housing Programs
Table of Contents
Clause
Page
1. Bid Preparation and Submission
1
2. Explanations and Interpretations to Prospective Bidders 1
3. Amendments to Invitations for Bids
1
4. Responsibility of Prospective Contractor
1
5. Late Submissions, Modifications, and Withdrawal of Bids 1
6. Bid Opening
2
7. Service of Protest
2
8. Contract Award
2
9. Bid Guarantee
3
10. Assurance of Completion
3
11. Preconstruction Conference
3
12. Indian Preference Requirements
3
1. Bid Preparation and Submission
(a) Bidders are expected to examine the specifications, drawings,
all instructions, and, if applicable, the construction site (see also the
contract clause entitled Site Investigation and Conditions Affect-
ing the Work of the General Conditions of the Contract for Construc-
tion). Failure to do so will be at the bidders’ risk.
(b) All bids must be submitted on the forms provided by the Public
Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall
furnish all the information required by the solicitation. Bids must be
signed and the bidder’s name typed or printed on the bid sheet and
each continuation sheet which requires the entry of information by
the bidder. Erasures or other changes must be initialed by the person
signing the bid. Bids signed by an agent shall be accompanied by
evidence of that agent’s authority. (Bidders should retain a copy of
their bid for their records.)
(c) Bidders must submit as part of their bid a completed form HUD-
5369-A, “Representations, Certifications, and Other Statements of
Bidders.”
(d) All bid documents shall be sealed in an envelope which shall be
clearly marked with the words “Bid Documents,” the Invitation for
Bids (IFB) number, any project or other identifying number, the
bidder’s name, and the date and time for receipt of bids.
(e) If this solicitation requires bidding on all items, failure to do so will
disqualify the bid. If bidding on all items is not required, bidders
should insert the words “No Bid” in the space provided for any item
on which no price is submitted.
(f) Unless expressly authorized elsewhere in this solicitation, alter-
nate bids will not be considered.
(g) Unless expressly authorized elsewhere in this solicitation, bids
submitted by telegraph or facsimile (fax) machines will not be
considered.
(h) If the proposed contract is for a Mutual Help project (as de-
scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help
contributions of work, material, or equipment, supplemental informa-
tion regarding the bid advertisement is provided as an attachment to
this solicitation.
2. Explanations and Interpretations to Prospective
Bidders
(a) Any prospective bidder desiring an explanation or interpretation
of the solicitation, specifications, drawings, etc., must request it at
least 7 days before the scheduled time for bid opening. Requests
may be oral or written. Oral requests must be confirmed in writing.
The only oral clarifications that will be provided will be those clearly
related to solicitation procedures, i.e., not substantive technical
information. No other oral explanation or interpretation will be
provided. Any information given a prospective bidder concerning
this solicitation will be furnished promptly to all other prospective
bidders as a written amendment to the solicitation, if that information
is necessary in submitting bids, or if the lack of it would be prejudicial
to other prospective bidders.
(b) Any information obtained by, or provided to, a bidder other than
by formal amendment to the solicitation shall not constitute a change
to the solicitation.
3. Amendments to Invitations for Bids
(a) If this solicitation is amended, then all terms and conditions
which are not modified remain unchanged.
(b) Bidders shall acknowledge receipt of any amendment to this
solicitation (1) by signing and returning the amendment, (2) by
identifying the amendment number and date on the bid form, or (3)
by letter, telegram, or facsimile, if those methods are authorized in
the solicitation. The PHA/IHA must receive acknowledgement by the
time and at the place specified for receipt of bids. Bids which fail to
acknowledge the bidder’s receipt of any amendment will result in the
rejection of the bid if the amendment(s) contained information which
substantively changed the PHA’s/IHA’s requirements.
(c) Amendments will be on file in the offices of the PHA/IHA and the
Architect at least 7 days before bid opening.
4. Responsibility of Prospective Contractor
(a) The PHA/IHA will award contracts only to responsible prospec-
tive contractors who have the ability to perform successfully under
the terms and conditions of the proposed contract. In determining
the responsibility of a bidder, the PHA/IHA will consider such matters
as the bidder’s:
(1) Integrity;
(2) Compliance with public policy;
(3) Record of past performance; and
(4) Financial and technical resources (including construction
and technical equipment).
(b) Before a bid is considered for award, the bidder may be re-
quested by the PHA/IHA to submit a statement or other documenta-
tion regarding any of the items in paragraph (a) above. Failure by the
bidder to provide such additional information shall render the bidder
nonresponsible and ineligible for award.
Previous edition is obsolete
Page 1 of 4
form HUD-5369 (10/2002)
5. Late Submissions, Modifications, and Withdrawal of Bids
(a) Any bid received at the place designated in the solicitation after
the exact time specified for receipt will not be considered unless it is
received before award is made and it:
(1) Was sent by registered or certified mail not later than the
fifth calendar day before the date specified for receipt of offers (e.g.,
an offer submitted in response to a solicitation requiring receipt of
offers by the 20th of the month must have been mailed by the 15th);
(2) Was sent by mail, or if authorized by the solicitation, was
sent by telegram or via facsimile, and it is determined by the PHA/IHA
that the late receipt was due solely to mishandling by the PHA/IHA
after receipt at the PHA/IHA; or
(3) Was sent by U.S. Postal Service Express Mail Next Day
Service - Post Office to Addressee, not later than 5:00 p.m. at the
place of mailing two working days prior to the date specified for
receipt of proposals. The term “working days” excludes weekends
and observed holidays.
(b) Any modification or withdrawal of a bid is subject to the same
conditions as in paragraph (a) of this provision.
(c) The only acceptable evidence to establish the date of mailing of
a late bid, modification, or withdrawal sent either by registered or
certified mail is the U.S. or Canadian Postal Service postmark both
on the envelope or wrapper and on the original receipt from the U.S.
or Canadian Postal Service. Both postmarks must show a legible
date or the bid, modification, or withdrawal shall be processed as if
mailed late. “Postmark” means a printed, stamped, or otherwise
placed impression (exclusive of a postage meter machine impres-
sion) that is readily identifiable without further action as having been
supplied and affixed by employees of the U.S. or Canadian Postal
Service on the date of mailing. Therefore, bidders should request the
postal clerk to place a hand cancellation bull’s-eye postmark on both
the receipt and the envelope or wrapper.
(d) The only acceptable evidence to establish the time of receipt at the
PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or
other documentary evidence of receipt maintained by the PHA/IHA.
(e) The only acceptable evidence to establish the date of mailing of
a late bid, modification, or withdrawal sent by Express Mail Next Day
Service-Post Office to Addressee is the date entered by the post
office receiving clerk on the “Express Mail Next Day Service-Post
Office to Addressee” label and the postmark on both the envelope or
wrapper and on the original receipt from the U.S. Postal Service.
“Postmark” has the same meaning as defined in paragraph (c) of this
provision, excluding postmarks of the Canadian Postal Service.
Therefore, bidders should request the postal clerk to place a legible
hand cancellation bull’s eye postmark on both the receipt and Failure
by a bidder to acknowledge receipt of the envelope or wrapper.
(f) Notwithstanding paragraph (a) of this provision, a late modifica-
tion of an otherwise successful bid that makes its terms more
favorable to the PHA/IHA will be considered at any time it is received
and may be accepted.
(g) Bids may be withdrawn by written notice, or if authorized by this
solicitation, by telegram (including mailgram) or facsimile machine
transmission received at any time before the exact time set for
opening of bids; provided that written confirmation of telegraphic or
facsimile withdrawals over the signature of the bidder is mailed and
postmarked prior to the specified bid opening time. A bid may be
withdrawn in person by a bidder or its authorized representative if,
before the exact time set for opening of bids, the identity of the person
requesting withdrawal is established and the person signs a receipt
for the bid.
6. Bid Opening
All bids received by the date and time of receipt specified in the
solicitation will be publicly opened and read. The time and place of
opening will be as specified in the solicitation. Bidders and other
interested persons may be present.
7. Service of Protest
(a) Definitions. As used in this provision:
“Interested party” means an actual or prospective bidder whose
direct economic interest would be affected by the award of the
contract.
“Protest” means a written objection by an interested party to this
solicitation or to a proposed or actual award of a contract pursuant
to this solicitation.
(b) Protests shall be served on the Contracting Officer by obtaining
written and dated acknowledgement from —
[Contracting Officer designate the official or location where a protest
may be served on the Contracting Officer]
(c) All protests shall be resolved in accordance with the PHA’s/
IHA’s protest policy and procedures, copies of which are maintained
at the PHA/IHA.
8. Contract Award
(a) The PHA/IHA will evaluate bids in response to this solicitation
without discussions and will award a contract to the responsible
bidder whose bid, conforming to the solicitation, will be most advan-
tageous to the PHA/IHA considering only price and any price-related
factors specified in the solicitation.
(b) If the apparent low bid received in response to this solicitation
exceeds the PHA’s/IHA’s available funding for the proposed contract
work, the PHA/IHA may either accept separately priced items (see
8(e) below) or use the following procedure to determine contract
award. The PHA/IHA shall apply in turn to each bid (proceeding in
order from the apparent low bid to the high bid) each of the separately
priced bid deductible items, if any, in their priority order set forth in
this solicitation. If upon the application of the first deductible item to
all initial bids, a new low bid is within the PHA’s/IHA’s available
funding, then award shall be made to that bidder. If no bid is within
the available funding amount, then the PHA/IHA shall apply the
second deductible item. The PHA/IHA shall continue this process
until an evaluated low bid, if any, is within the PHA’s/IHA’s available
funding. If upon the application of all deductibles, no bid is within the
PHA’s/IHA’s available funding, or if the solicitation does not request
separately priced deductibles, the PHA/IHA shall follow its written
policy and procedures in making any award under this solicitation.
(c) In the case of tie low bids, award shall be made in accordance
with the PHA’s/IHA’s written policy and procedures.
(d) The PHA/IHA may reject any and all bids, accept other than the
lowest bid (e.g., the apparent low bid is unreasonably low), and waive
informalities or minor irregularities in bids received, in accordance
with the PHA’s/IHA’s written policy and procedures.
Previous edition is obsolete
Page 2 of 4
form HUD-5369 (10/2002)
(e) Unless precluded elsewhere in the solicitation, the PHA/IHA
may accept any item or combination of items bid.
(f) The PHA/IHA may reject any bid as nonresponsive if it is
materially unbalanced as to the prices for the various items of work
to be performed. A bid is materially unbalanced when it is based on
prices significantly less than cost for some work and prices which are
significantly overstated for other work.
(g) A written award shall be furnished to the successful bidder within
the period for acceptance specified in the bid and shall result in a
binding contract without further action by either party.
9. Bid Guarantee (applicable to construction and equip-
ment contracts exceeding $25,000)
All bids must be accompanied by a negotiable bid guarantee which
shall not be less than five percent (5%) of the amount of the bid. The
bid guarantee may be a certified check, bank draft, U.S. Government
Bonds at par value, or a bid bond secured by a surety company
acceptable to the U.S. Government and authorized to do business in
the state where the work is to be performed. In the case where the
work under the contract will be performed on an Indian reservation
area, the bid guarantee may also be an irrevocable Letter of Credit
(see provision 10, Assurance of Completion, below). Certified
checks and bank drafts must be made payable to the order of the
PHA/IHA. The bid guarantee shall insure the execution of the
contract and the furnishing of a method of assurance of completion
by the successful bidder as required by the solicitation. Failure to
submit a bid guarantee with the bid shall result in the rejection of the
bid. Bid guarantees submitted by unsuccessful bidders will be
returned as soon as practicable after bid opening.
10. Assurance of Completion
(a) Unless otherwise provided in State law, the successful bidder
shall furnish an assurance of completion prior to the execution of any
contract under this solicitation. This assurance may be [Contracting
Officer check applicable items] —
[ ] (1) a performance and payment bond in a penal sum of 100
percent of the contract price; or, as may be required or permitted by
State law;
[ ] (2) separate performance and payment bonds, each for 50
percent or more of the contract price;
[ ] (3) a 20 percent cash escrow;
[ ] (4) a 25 percent irrevocable letter of credit; or,
[ ] (5) an irrevocable letter of credit for 10 percent of the total
contract price with a monitoring and disbursements agreement with
the IHA (applicable only to contracts awarded by an IHA under the
Indian Housing Program).
(b) Bonds must be obtained from guarantee or surety companies
acceptable to the U.S. Government and authorized to do business in
the state where the work is to be performed. Individual sureties will
not be considered. U.S. Treasury Circular Number 570, published
annually in the Federal Register, lists companies approved to act as
sureties on bonds securing Government contracts, the maximum
underwriting limits on each contract bonded, and the States in which
the company is licensed to do business. Use of companies listed in
this circular is mandatory. Copies of the circular may be downloaded
on the U.S. Department of Treasury website http://
www.fms.treas.gov/c570/index.html, or ordered for a minimum fee
by contacting the Government Printing Office at (202) 512-2168.
(c) Each bond shall clearly state the rate of premium and the total
amount of premium charged. The current power of attorney for the
person who signs for the surety company must be attached to the
bond. The effective date of the power of attorney shall not precede
the date of the bond. The effective date of the bond shall be on or after
the execution date of the contract.
(d) Failure by the successful bidder to obtain the required assur-
ance of completion within the time specified, or within such extended
period as the PHA/IHA may grant based upon reasons determined
adequate by the PHA/IHA, shall render the bidder ineligible for
award. The PHA/IHA may then either award the contract to the next
lowest responsible bidder or solicit new bids. The PHA/IHA may
retain the ineligible bidder’s bid guarantee.
11. Preconstruction Conference (applicable to construction
contracts)
After award of a contract under this solicitation and prior to the start
of work, the successful bidder will be required to attend a
preconstruction conference with representatives of the PHA/IHA and
its architect/engineer, and other interested parties convened by the
PHA/IHA. The conference will serve to acquaint the participants with
the general plan of the construction operation and all other require-
ments of the contract (e.g., Equal Employment Opportunity, Labor
Standards). The PHA/IHA will provide the successful bidder with the
date, time, and place of the conference.
12. Indian Preference Requirements (applicable only if
this solicitation is for a contract to be performed on a
project for an Indian Housing Authority)
(a) HUD has determined that the contract awarded under this
solicitation is subject to the requirements of section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)).
Section 7(b) requires that any contract or subcontract entered into for
the benefit of Indians shall require that, to the greatest extent feasible
(1) Preferences and opportunities for training and employment
(other than core crew positions; see paragraph (h) below) in connec-
tion with the administration of such contracts or subcontracts be
given to qualified “Indians.” The Act defines “Indians” to mean
persons who are members of an Indian tribe and defines “Indian
tribe” to mean any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village or regional
or village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, which is recognized as eligible
for the special programs and services provided by the United States
to Indians because of their status as Indians; and,
(2) Preference in the award of contracts or subcontracts in
connection with the administration of contracts be given to Indian
organizations and to Indian-owned economic enterprises, as de-
fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C.
1452). That Act defines “economic enterprise” to mean any Indian-
owned commercial, industrial, or business activity established or
organized for the purpose of profit, except that the Indian ownership
must constitute not less than 51 percent of the enterprise; “Indian
organization” to mean the governing body of any Indian tribe or entity
established or recognized by such governing body; “Indian” to mean
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; and
Indian “tribe” to mean any Indian tribe, band, group, pueblo, or
community including Native villages and Native groups (including
Previous edition is obsolete
Page 3 of 4
form HUD-5369 (10/2002)
corporations organized by Kenai, Juneau, Sitka, and Kodiak) as
defined in the Alaska Native Claims Settlement Act, which is recog-
nized by the Federal Government as eligible for services from the
Bureau of Indian Affairs.
(b) (1) The successful Contractor under this solicitation shall com-
ply with the requirements of this provision in awarding all subcon-
tracts under the contract and in providing training and employment
opportunities.
(2) A finding by the IHA that the contractor, either (i) awarded
a subcontract without using the procedure required by the IHA, (ii)
falsely represented that subcontracts would be awarded to Indian
enterprises or organizations; or, (iii) failed to comply with the
contractor’s employment and training preference bid statement shall
be grounds for termination of the contract or for the assessment of
penalties or other remedies.
(c) If specified elsewhere in this solicitation, the IHA may restrict the
solicitation to qualified Indian-owned enterprises and Indian organi-
zations. If two or more (or a greater number as specified elsewhere
in the solicitation) qualified Indian-owned enterprises or organiza-
tions submit responsive bids, award shall be made to the qualified
enterprise or organization with the lowest responsive bid. If fewer
than the minimum required number of qualified Indian-owned enter-
prises or organizations submit responsive bids, the IHA shall reject
all bids and readvertise the solicitation in accordance with paragraph
(d) below.
(d) If the IHA prefers not to restrict the solicitation as described in
paragraph (c) above, or if after having restricted a solicitation an
insufficient number of qualified Indian enterprises or organizations
submit bids, the IHA may advertise for bids from non-Indian as well
as Indian-owned enterprises and Indian organizations. Award shall
be made to the qualified Indian enterprise or organization with the
lowest responsive bid if that bid is -
(1) Within the maximum HUD-approved budget amount estab-
lished for the specific project or activity for which bids are being
solicited; and
(2) No more than the percentage specified in 24 CFR 905.175(c)
higher than the total bid price of the lowest responsive bid from any
qualified bidder. If no responsive bid by a qualified Indian-owned
economic enterprise or organization is within the stated range of the
total bid price of the lowest responsive bid from any qualified
enterprise, award shall be made to the bidder with the lowest bid.
(e) Bidders seeking to qualify for preference in contracting or
subcontracting shall submit proof of Indian ownership with their bids.
Proof of Indian ownership shall include but not be limited to:
(1) Certification by a tribe or other evidence that the bidder is
an Indian. The IHA shall accept the certification of a tribe that an
individual is a member.
(2) Evidence such as stock ownership, structure, manage-
ment, control, financing and salary or profit sharing arrangements of
the enterprise.
(f) (1) All bidders must submit with their bids a statement describ-
ing how they will provide Indian preference in the award of subcon-
tracts. The specific requirements of that statement and the factors
to used by the IHA in determining the statement’s adequacy are
included as an attachment to this solicitation. Any bid that fails to
include the required statement shall be rejected as nonresponsive.
The IHA may require that comparable statements be provided by
subcontractors to the successful Contractor, and may require the
Contractor to reject any bid or proposal by a subcontractor that fails
to include the statement.
(2) Bidders and prospective subcontractors shall submit a
certification (supported by credible evidence) to the IHA in any
instance where the bidder or subcontractor believes it is infeasible to
provide Indian preference in subcontracting. The acceptance or
rejection by the IHA of the certification shall be final. Rejection shall
disqualify the bid from further consideration.
(g) All bidders must submit with their bids a statement detailing their
employment and training opportunities and their plans to provide
preference to Indians in implementing the contract; and the number
or percentage of Indians anticipated to be employed and trained.
Comparable statements from all proposed subcontractors must be
submitted. The criteria to be used by the IHA in determining the
statement(s)’s adequacy are included as an attachment to this
solicitation. Any bid that fails to include the required statement(s), or
that includes a statement that does not meet minimum standards
required by the IHA shall be rejected as nonresponsive.
(h) Core crew employees. A core crew employee is an individual
who is a bona fide employee of the contractor at the time the bid is
submitted; or an individual who was not employed by the bidder at the
time the bid was submitted, but who is regularly employed by the
bidder in a supervisory or other key skilled position when work is
available. Bidders shall submit with their bids a list of all core crew
employees.
(i) Preference in contracting, subcontracting, employment, and
training shall apply not only on-site, on the reservation, or within the
IHA’s jurisdiction, but also to contracts with firms that operate outside
these areas (e.g., employment in modular or manufactured housing
construction facilities).
(j) Bidders should contact the IHA to determine if any additional
local preference requirements are applicable to this solicitation.
(k) The IHA [ ] does [ ] does not [Contracting Officer check
applicable box] maintain lists of Indian-owned economic enterprises
and Indian organizations by specialty (e.g., plumbing, electrical,
foundations), which are available to bidders to assist them in meeting
their responsibility to provide preference in connection with the
administration of contracts and subcontracts.
Previous edition is obsolete
Page 4 of 4
form HUD-5369 (10/2002)
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