Transcript Procuring with RFP’s

Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Instructor
Michael S. Gifford, C.P.M., CPSD
Housing Agency Procurement Assistance (HAPA)
Las Vegas, NV
Office(866)526-7790 Cell(702)236-0275
E-mail: [email protected]
1
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
What will we accomplish during this seminar?
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A renewed commitment to conduct all housing agency
(HA) procurement and contract activities in an open,
fair, reasonable, justifiable and HUD-compliant manner.
An ability to locate in the Handbooks and regulations
what HUD wants and requires; hence, a better
understanding of the applicable law(s).
Be more prepared for a HUD/OIG audit.
A renewed commitment to advanced planning.
Solicitation documents that better meet the needs of
the HA and the contractor community (herein,
contractor shall also mean supplier, vendor, consultant,
etc.).
Improved relationships with your Board, your ED/CEO,
your clients (staff), your contractors, and the public at
large.
Learn and implement “Gifford’s Gospels.”
2
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Gifford’s Gospels
No. 1: “If it ain’t written, it don’t exist.
No. 2: “There are no coincidences in life—everything happens for a
reason.”
No. 3: “Whatever we do must be open, fair, reasonable and
justified.”
No. 4: “Contractors are not our friends—they are our partners.”
No. 5: “Nothing is free—there is a price to pay for everything.”
No. 6: “Be prepared—if something can go wrong, it will happen at
the worst possible moment.”
No. 7: “Luck is where preparation and opportunity meet.”
No. 8: “He/she who writes the contract, the contract is in favor of.”
3
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 1: Introduction
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HUD Handbook 7460.8 REV 2:
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7460.8 issued by HUD to explain Part 85.36 in further
detail.
Hereinafter “7460.8” or “HPH.”
Specific references herein within “[ ].”
24 CFR 85.36:
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aka the Common Rule.
Part 85.36 issued by Congress.
Hereinafter “Part 85.36.”
Specific references herein within “{ }.”
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Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 1: Introduction (con’d)
 (HAPA) Sample Forms/(HUD) forms:
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Identified herein following—and the applicable SF
(Sample Form) number within
procurementassistance.org.
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AEF (Architectural- and Engineering-related Form)
AED (Architectural- and Engineering-related Document)
CF (Construction-related Form)
CD (Construction-related Document)
NF (Nonconstruction-related Form)
ND (Nonconstruction-related Document)
SF (Sample Form)
SD (Sample Document)
5
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 1: Introduction (con’d)
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Important!!!!! Remember, herein:
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[HPH: 1.2]
“Shall” and “must” mean that an action or item is
mandatory and is required by statute or regulation.
“Should” and “may” mean that the action or item
serves to provide guidance and/or best practices but
is not mandatory.
!!!PLEASE NOTE-BEWARE!!!
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HUD has used the term “should” a number of times in the
HPH and then in another part of the HPH use the term
“shall” or “must” in reference to the same issue—an auditor
will most likely go with the stricter reference as the
requirement.
6
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 1: Introduction (con’d)
“For administrative purposes, PHA’s are
considered local governments”
[HPH: 1.3]
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“Full and open competition” required
[HPH: 1.3]
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Many other CFR’s apply to procurement.
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Any issue is not addressed in law/regulations but
is good business practice: Might be permissible, if
justifiable.
[HPH: 1.4]
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[HPH: 1.3]
7
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 1: Introduction (con’d)
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PHAs must comply with the stricter of Federal
rules and State/local rules.
[HPH: 1.5]
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States.
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{Part 85.36(a)}
“When procuring property and services under a
grant, a State will follow the same policies and
procedures it uses for procurements from its nonFederal funds. The State will ensure that every
purchase order or other contract includes any
clauses required by Federal statutes and executive
orders and their implementing regulations.”
Therefore, one procurement policy only!
8
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 2: Procurement Authority
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Responsibility of the Contracting Officer.
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Sound judgment.
Ensure fair, impartial and equitable treatment.
Compliance with all laws and Policy.
Best value and greatest overall benefit.
Procurement Planning
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[HPH: 2.4]
[HPH: 3.1]
Advance planning.
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Maximize competition;
Competitive pricing;
Decrease costs;
Supplies and services available when needed;
Minimize errors.
9
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 3: General Requirements
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Procurement Planning (con’d)
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Consider prior purchases.
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[HPH: 3.1]
Identify patterns of procurements.
Establish master contracts (e.g. annual requirements).
Consider storage, security and handling.
Economy and Prudence.
Intergovernmental Agreements.
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Foster economy and efficiency.
Reduces effort.
Saves money.
10
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 3: General Requirements (con’d)
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Procurement Planning (con’d)
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Individual Procurement Plans (IPPs).
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[HPH: 3.1]
Typically for larger procurements.
Establishes deadlines and milestones.
Checklist.
[HPH: Appendix 2]
<See HAPA Sample Forms SF-5a, SF-5b, SF-5c, AEF-6:
Competitive Solicitation Checklist/Timeline>
<See HAPA Sample Forms SF-32: Procurement Flow
Chart; SF-17: Major Elements of a Compliant
Procurement>
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Equipment Lease or Purchase.
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Compare cost and benefits of Purchase vs. Lease.
11
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 3: General Requirements (con’d)
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Independent Cost Estimate (ICE)
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[HPH: 3.2] {Part 85.36(f)}
HA’s pre-solicitation estimate of cost.
“Yardstick” for evaluating reasonableness of cost.
Helps the CO to determine the solicitation method.
Except in extreme cases, ICE not shared with contractors.
Micro Purchases (<$2,000): Not necessary.
Small Purchases ($2,000-$100,000, or lower if set by State
law): “Documentation should be kept to a minimum.”
Formal Purchases (>$100,000, or lower if set by State law):
More complex.
 <See HAPA Sample Forms SF-13a, SF-13b, SF-13c,
AEF-12: Independent Cost Estimate (ICE)>
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Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 5: Small Purchase Procedures
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Standard Forms/Mandatory Contract Clauses.
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[HPH: 5.10]
Small Purchases, Non-construction: Table 5.1.
Small Purchases, Non-construction, with Maintenance work:
Table 5.1; form HUD-5370-C, Section II; if applicable,
appropriate Maintenance Wage Rate Determination.
Small Purchases, Construction: form HUD-5370-EZ; appropriate
wage decision; perhaps bonds.
<See HUD Sample Form NF-10: HUD Table 5.1>
<See HUD Sample Form CF-14: form-HUD 5370-EZ>
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Acceptable Methods of Incorporation.
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[HPH: 5.10.D]
Attach as printed (I strongly recommend this method);
Incorporate text into PHA’s own forms (not recommended due
to potential entry errors or forms changing); and/or
Incorporate by reference (least desirable!); the HA must
physically provide the forms if requested by the potential
offerors.
13
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids
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Alternate Bids.
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[HPH: 6.4]
Alternate bids prohibited (e.g. “two different systems or
types of projects”).
Deductive alternates are allowed:
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Specify most expensive system as base bid;
List deductive alternates in inverse priority order; then
“Deductive alternates <must> be taken in numerical order
listed until award can be made within available funds.”
14
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids (con’d)
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Invitation For Bids (IFB).
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IFB Document, including:
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[HPH: 6.5]{Part 85.36(d)(2)}
Reservation of Rights;
Scope of Work/Technical Specifications;
Bid Submittal Format;
Bid Evaluation;
Contract Award.
Form of Bid.
Profile of Firm Form.
Section 3 Form.
Instructions to Bidders & Contractors.
Sample Contract Form.
HUD-mandatory forms (see following PPT frames 45-47)
<See many HAPA-created Sample Competitive Solicitations
within the “Documents” area of procurementassistance.org.>
15
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids (con’d)
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Mandatory (HUD-required) forms.
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[HPH: 6.5.A]
IFB – Construction:
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form HUD-5369 (10/2007), Instructions to Bidders for
Contracts, Public and Indian Housing Programs; (CF-11)
form HUD-5369-A (11/92), Representations,
Certifications, and Other Statements of Bidders, Public
and Indian Housing Programs (NOTE: Must be fully
completed and submitted as a part of the bid submittal);
(CF-12)
form HUD-5370 (11/2006), General Conditions for
Construction Contracts – Public Housing Programs.
(CF-13)
 <Please note the CF number for each form above>
16
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids (con’d)
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Mandatory (HUD-required) forms.
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[HPH: 6.5.A]
IFB – Non-construction, with Maintenance Work:
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form HUD-5369-B (8/93), Instructions to Offerors, NonConstruction;
(NF-2)
form HUD-5369-C (8/93), Certifications and
Representations of Offerors, Non-Construction Contracts
(NOTE: Must be fully completed and submitted as a part
of the bid submittal);
(NF-3)
form HUD-5370-C (10/2006), General Conditions for
Non-Construction Contracts, Section I – (With or
without Maintenance Work);
(NF-4)
form HUD-5370-C (10/2006), General Conditions for
Non-Construction Contracts, Section II – (With
Maintenance Work).
(NF-5)
 <Please note the NF number for each form above>
17
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids (con’d)
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Mandatory (HUD-required) forms.
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[HPH: 6.5.A]
IFB – Non-construction, without Maintenance Work:
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form HUD-5369-B (8/93), Instructions to Offerors, NonConstruction;
(NF-2)
form HUD-5369-C (8/93), Certifications and
Representations of Offerors, Non-Construction Contracts
(NOTE: Must be fully completed and submitted as a part
of the bid submittal);
(NF-3)
form HUD-5370-C (10/2006), General Conditions for
Non-Construction Contracts, Section I – (With or
without Maintenance Work).
(NF-4)
 <Please note the NF number for each form above>
18
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids (con’d)
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Amendments (aka Addendums).
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[HPH: 6.6]
A change/revision to the IFB information already
issued.
The only formal communication between the HA and the
prospective respondents—informal (spoken)
communications have NO standing.
Must be in writing (remember Gifford’s Gospel: “If it
ain’t written, it don’t exist”).
Acknowledgement required (ditto the Gospel above).
If issued too close to the submittal deadline, strongly
recommend extending deadline an adequate amount of
time to allow prospective respondents to consider and
implement the issues detailed within the addendum.
<See HAPA Sample Form SF-2: Amendment (aka
Addendum)>
19
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids (con’d)
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Pre-Bid Conference.
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[HPH: 6.7]
Typically held no less than 2 weeks after issuing the IFB
and no less than 2 weeks prior to the submittal deadline.
Normally for larger or more complex solicitations only.
Sign-in sheet and Agenda.
Strongly, strongly recommend that attendance is NOT
mandatory (would be restrictive).
Cover ONLY what has already been issued in writing—if an
attendee bring up something new, do NOT speculate, but
ask to be submitted in writing, then make a decision and
respond to all bid holders by written addendum.
<See HAPA Sample Form SF-26a: Pre-bid Conference
Agenda>
<See HAPA Sample Form SF-26c: Pre-bid Conference
Sign-in Sheet>
20
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 6: Sealed Bids (con’d)
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Bid Protests:
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Ensure protest procedures are written in detail
within the bid documents (Instructions to Bidders).
Multi-Step Bids:
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[HPH: 6.13]
[HPH: 6.14]
Basically, first conduct an Request For Proposals
(RFP), then conduct an IFB with the firms qualified
as a result of the RFP.
Is a very time-consuming process—not
recommended but is legal.
21
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 7: Competitive Proposals
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Mandatory (HUD-required) forms (con’d)
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[HPH: 7.2.B]
PLEASE NOTE!: Per HUD [within HPH: 7.2.B], “Only under
limited circumstances would construction services be
procured by competitive proposals.”
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Often, HAs use the RFP method for construction instead of
more appropriately using the IFB method so that they can
evaluate the proposals and then inappropriately eliminate a
bidder who they do not want to get the job due to past poor
performance by that proposer.
Instead, most typically do an IFB for construction.
RFP’s for construction are appropriate for developer, “turnkey,” or design-build construction solicitations, NOT regular
every-day construction projects.
22
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 7: Competitive Proposals (con’d)
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Submission Requirements
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Ensure that the submission requirements are consistent
with the published evaluation factors
Evaluation Factors, Non-Price
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[HPH: 7.2.C]
[HPH: 7.2.D]
{Part 85.36(d)(3)(iii)}
HA must ensure that a “clear written statement” of the
evaluation factors is published.
Strongly recommend not just brief phrases such as “Past
Experience,” but narrative descriptions such as,
“Demonstrated successful past performance (including
meeting costs, schedules, and performance requirements)
of contract work substantially similar to that required by
the solicitation as verified by reference checks or other
means.”
[HPH: 7.2.D.4.f]
23
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 7: Competitive Proposals (con’d)
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Evaluation Factors, Non-Price (con’d)
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Factors are “tailored <by the HA> to fit each” RFP.
Non-Price Factors are also called Technical Factors.
Evaluation Factors, Price.
[HPH: 7.2.E]{Part 85.36(d)(3)(iii) & Part 85.36(f)}
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“Price MUST be factor in making awards.”
Two options:
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Where Price is Assigned an Explicit Point(s); and
Where Price and Other Technical Factors are Considered.
I recommend the former ONLY—I do NOT recommend the
latter and will not advise on it (the latter is NOT easy to
apply).
24
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 7: Competitive Proposals (con’d)
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Evaluation of the Price Factor and the Non-Price Factors
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The Price Factor is OBJECTIVE in nature, meaning the
evaluation is based on mathematical fact, not opinion.
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Accordingly, it is most appropriate for the evaluation of the
objective factors to be conducted by a skilled person other
than the appointed evaluation committee.
Factors pertaining to Section 3 and disadvantages
businesses is also objective in nature.
The Non-Price Factors (Technical Factors) are typically
SUBJECTIVE in nature, meaning the evaluation is based on
opinion, not fact.
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Accordingly, technical factors are most appropriately
evaluated by the appointed evaluation committee.
25
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
HUD Procurement Handbook
7460.8 REV 2
Chapter 9
Specifications and
Statements of Work
26
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work
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General.
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Good specifications will:
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“Enhance competition;” and
“Clarify the relationship between the contractor and the
<HA>, resulting in improved contract administration.”
Regulatory Requirement.
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[HPH: 9.1]
[HPH: 9.2]
Per 24 CFR 85.36(c)1, “all procurement transactions
shall be conducted in a manner providing for full and
open competition.” Accordingly, the HA must ensure
that “competition is NOT restricted to one supplier”
by utilizing restrictive specifications.
27
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)
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Specifications.
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Definition:
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[HPH: 9.3]{Part 86.36(c)(1)(i)}
[HPH: 9.3.A]
“Specification is a detailed description of materials,
supplies, equipment, pre-cuts, or construction work that
is used in the procurement to tell prospective contracts
precisely what the PHA desires to purchase.”
A statement or scope of work is a “unique type of
specification generally used for the procurement of
professional or management services.”
28
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)
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Specifications (con’d)
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Specification Types:
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[HPH: 9.3.B]
Performance (aka Functional) Specification: [HPH: 9.3.B.1]
o
o
o
o
Addresses “what does the item/service do” or how it
functions. Addresses performance standards.
Detailed design specifications or exact measurements are
NOT stated.
Can be “inherently risky” for the HA in that overall
requirements are stated, then the bidder/proposer proposes
to the HA how he/she will fulfill those needs—the HA then
must evaluate and justify the offer and ensure that the
bidder/proposer is offering what the HA needs.
Typically used to procure services.
29
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)
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Specifications (con’d)
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Specification Types: (con’d)
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Design Specifications:
o
o
o
o
[HPH: 9.3.B.2]
Addresses “what does the item/service look like.
Detailed design specifications or exact measurements ARE
issued as opposed to performance standards.
Is inherently less risky for the HA in that the
bidder/proposer must respond to provide the specific
specifications issued by the HA.
Typically used to procure construction; materials and
supplies; equipment; some non-professional services.
30
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)
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Specifications (con’d)
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Specification Types: (con’d)
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Brand Name or Equal Specifications:
o
o
o
o
[HPH: 9.3.B.3]
The brand name and model number is listed within the
specification.
The words, “Or Equal” MUST follow each brand name
specification.
The HA must also list the essential characteristics or “salient
requirements” (“salient” meaning conspicuous or prominent
requirements or features, or what is most important to the
HA).
Bidders must be made aware that when used, such brand
name references “establish only design or quality standard”
and that the HA WILL consider “any other products that
clearly and demonstrably meet the set standard.”
31
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)
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Specifications (con’d)
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Standardizing Inventory.
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[HPH: 9.3.C]
Buying the same item (e.g. faucets) can mean stocking
less parts.
All procurement regulations must be followed,
especially as applies to using Brand Name
specifications.
Then how can you standardize? A potential solution,
using contracts already awarded by other agencies, is
detailed within Chapter 15 herein.
32
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)

Specifications (con’d)

Avoiding Manufacturers Specifications.



[HPH: 9.3.D]
HUD strongly recommends avoiding using such as a
solicitation specification.
Gives the appearance of restricting competition by
putting other’s specifications at a disadvantage or that
they will not be accepted as an equal.
If you have to get potential specifications from a
potential respondent, get them from several and then
make sure that you incorporate all of the essential or
salient qualities.
33
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)

Specifications (con’d)

Contractor-Developed Specifications.
[HPH: 9.3.E]{Part 85.36(c)(1)(iv)}

Basically, a HA cannot retain a contractor to develop
specifications for a HA to use for a competitive
solicitation, then allow that same contractor to also
respond to the competitive solicitation. NOT FAIR!

EXCEPTION: “Prior to the solicitation, all respondents . .
. are provided with materials and information made
available to the contractor involved in matter pertinent
to the solicitation.” NOT recommended—creates an
appearance of impropriety!
34
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)

Statement of Work (con’d)

Purpose and Functions of the SOW.






[HPH: 9.4.A]
Primary Purpose: “Provide a basis for mutual understanding
between the PHA’s Contracting Officer and the offeror and
subsequent contractor.”
SOW needs to be specific, clear and inclusive of
requirements.
More complex work—more complex SOW.
For RFP’s the SOW must be reflected in the evaluation
factors.
SOW will become the standard for measuring contractor
performance.
Remember Gifford’s Gospel, “if it ain’t written, it don’t
exist.”
35
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 9: Specifications and Statement of
Work (con’d)

Statement of Work (con’d)

Elements of the SOW.

[HPH: 9.4.B]
Minimum requirements include the six elements detailed
within Section 9.4.B, including:
o
o
o
o
o
o
o
Requirements
Deliverables
Schedules
Reporting
Objectives
HA Contact
Other (e.g. warranties; personnel classifications; etc.)
36
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 10: Miscellaneous Requirements (con’d)

HUD Requirements (*)/Recommended Elements for
Contracts (con’d)

As an attachment to the contract (appendix), Mandatory
HUD forms, each used as appropriate:






*HUD Table 5.1, Mandatory Contract Clauses for Small
Purchases other than Construction (QSP, <$100,000)
(NF-10)
*form HUD-5370-EZ (10/2006), General Contract Conditions for
Small Construction/Development Contracts (QSP, <$100,000)
(CF-14)
*form HUD-5370 (11/2006), General Conditions for
Construction Contracts – Public and Indian Housing Programs
(IFB, RFP, >$100,000)
(CF-13)
*form HUD-5370-C (10/2006), General Conditions for NonConstruction Contracts, Section I – (With or without
Maintenance Work) (IFB, RFP, >$100,000)
(NF-4)
*form HUD-5370-C (10/2006), General Conditions for NonConstruction Contracts, Section II – (With Maintenance Work)
(IFB, RFP, >$100,000)
(NF-5)
*form HUD-51915 (9/98), Model Form of Agreement Between
Owner & Design Professional (RFQ/QBS, </>$100,000) (AED-1)
37
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
Chapter 10: Miscellaneous Requirements (con’d)

Mandatory Contract Clauses (For purchases above
the Federal Small Purchase Threshold).
[HPH: 10.5]





form HUD-5370 (11/2006), General Conditions for
Construction Contracts – Public and Indian Housing
Programs (IFB, RFP, >$100,000).
(CF-13)
form HUD-5370-C (10/2006), General Conditions for NonConstruction Contracts, Section I – (With or without
Maintenance Work) (IFB, RFP, >$100,000).
(NF-4)
form HUD-5370-C (10/2006), General Conditions for NonConstruction Contracts, Section II – (With Maintenance
Work) (IFB, RFP, >$100,000).
(NF-5)
form HUD-51915 (9/98), Model Form of Agreement
Between Owner & Design Professional (RFQ/QBS,
</>$100,000).
(AED-1)
<Please note the CF, NF or AED number for each form above>
38
Specifications and Statement of Work (SOW):
If you want a contractor to provide it, you
got to tell them what you want and need!
Michael S. Gifford, C.P.M., CPSD 2011 ©
I hope this information is of a
help!
Thank you!
39